Republic, they say, is animated by sentiments so anti-Christian that honorable men, and Catholics in particular, could not conscientiously accept it, and this is a widespread cause of dissension. But all this divergence might have been avoided but for a regrettable confusion of "constituted powers" and "legislation." Indeed, under the most unimpeachable form legislation may be detestable, and likewise under a very imperfect form there may be excellent legislation. History bears ample witness, and the Church has always recognized this fact.

B. Papal Brief to the French Cardinals. May 5, 1892. Translation, The Times (London), May 7, 1892.

Great was our consolation on receiving the letter by which, in unanimous concert with the whole French episcopate, you adhered to our encyclical. . . . This encyclical has already done much good, and will, we hope, do more, in spite of the attacks to which it has been exposed on the part of impassioned men-attacks against which, moreover, we are glad to say that it has also found valiant defenders.

Now, these efforts would become essentially barren if the conservative forces were lacking in unity and harmony in the pursuit of the ultimate end-namely, the preservation of religion; inasmuch as thither should tend every upright man, every sincere friend of society. This our encyclical amply demonstrated. But the end once defined, the need of union in order to attain it once admitted, what will be the means of insuring this union? This, too, we explained, and we desire to restate it that no one may be in doubt as to our meaning. One way is to accept without reserve, with that perfect loyalty becoming in a Christian, the civil power in the form in which de facto it exists. Thus, was accepted in France the First Empire on the morrow of a frightful and bloody anarchy. Thus were accepted the other successive powers, whether monarchic or Republican, down to our own time. And the reason for this acceptance is that the common weal of society makes it pre-eminent over any other interest. For it is the creative principle, the conservative element of human society, hence it follows that every good citizen ought to wish it and procure it at any price.

Now, from this necessity of insuring the good of all springs, as from its own immediate origin, the necessity of a civil power which, turned ever towards the supreme end, thither guides, wisely and continually, the varied wills of the subjects grouped together in its hand. When, therefore, in a society a constituted and active power exists common interest must be allied to that power, and for this reason it should be accepted as it is. It is for this reason and with this intent that we told the French Catholics, "accept the Republic, that is to say, the constituted power in your midst, respect it, be submissive to it as representing the power come from God." But there have been some men of different political parties, and even sincere Catholics, who have not accurately understood our words. Yet they were so clear and simple that they could scarcely, it would seem, have given occasion for misinterpretation. Let it be well understood that although the political power is always of God it does not follow from this that the divine appointment affects always the modes of transmission of that power or the contingent forms it assumes, or the persons who are the subjects of it. The very variety of these modes in different nations proves the human nature of their origin. And, still further, human institutions, the best established in right and with as salutary views as one could wish in order to give social life a firmer basis, do not always preserve their vigour conformably to the short insight of human wisdom.

In politics more than anywhere else unexpected changes arise. Colossal monarchies collapse or fall to pieces like the ancient royalties of the East and the Roman Empire. Dynasties supplant dynasties like those of the Carlovingians and Capetians in France. To the political forms adopted succeed other forms, as numerous examples have shown in our century. These changes are far from being always legitimate at starting. It is even difficult that they should be. Yet the supreme criterion of the commonweal and public tranquility impose the acceptance of these new Governments established de facto in the place of previous Governments which de facto have ceased to exist. The ordinary rules of the transmission of power are accordingly suspended, and, indeed, they may even be abolished. However it may be with these extraordi

nary transformations in the life of peoples, whose laws it is for God to calculate and their consequences for men to utilize, common honour and conscience demand in every state of things a sincere subordination to constituted Governments. It is required by that supreme, unquestionable, inalienable right called reason or social welfare. What, indeed, would become of honour and conscience if it were allowable for the citizen to sacrifice to his personal aims and party connexions the blessings of public tranquility?

After having firmly laid down this truth in our encyclical, we drew the distinction between the political authority and legislation, and we showed that the acceptance of one in ro way implied acceptance of the other on points where the legislator, forgetful of his mission, should set himself in opposition to the law of God and of the Church. And let all bear in mind that to display activity and use influence to induce Governments to change for the better iniquitous laws void of wisdom is to give proof of a devotion to the country equally intelligent and courageous without evincing a shadow of hostility to the authorities deputed to govern public affairs. Who would think of denouncing the Christians of the first centuries as adversaries of the Roman Empire because they did not bow to its idolatrous prescriptions, but endeavored to effect their abolition? On the religious ground thus understood the various Conservative political parties may and should be agreed. But the men who should subordinate everything to the previous triumph of their respective parties, even were i on the plea that it was the fittest for religious defence, would hence be convicted of placing, by a pernicious reversion of ideas, the politics which divide before the religion which unites. And it would be their fault if our enemies, profiting by their divisions, as they have only too much done, finally succeeded in crushing them all.

It has been alleged that, in teaching these doctrines, we adopt towards France a conduct other than that which we pursue towards Italy, so that we are inconsistent. Yet this is not so. Our aim in telling French Catholics to accept the constituted Government was and still is merely to safeguard the religious interests, which in Italy impose on us the duty of demanding incessantly the full liberty required for our sublime function of visible Head of the Church, appointed for the

government of souls-a liberty which does not exist where the vicar of Jesus Christ is not, at home, a true sovereign, independent of all human sovereignty. What is the conclusion from this if it is not that the question which concerns us in Italy is also eminently a religious one as far as it is connected with the fundamental principle of the liberty of the Church. Hence in our conduct towards various nations we constantly make all converge to the same end, religion, and through religion the deliverance of society, the welfare of peoples. .

137. The Law of Associations.

July 1, 1901. Duvergier, Lois. CI, 260-285.

The history of the Third Republic has been marked by frequent conflicts between the government and the Catholic clergy, especially over educational matters. The religious orders particularly are charged with inculcating in their pupils ideas hostile to the Republic. This law was passed for the purpose of reaching the orders most suspected of exerting such an influence. As this volume is passing through the press, a law forbidding all teaching by religious orders is under consideration. It has already passed the Chamber of Deputies and seems likely to pass the Senate.

REFERENCE.

Gerard, The French Law of Associations.

TITLE III.

13. No religious congregation can be formed without an authorisation given by a law which shall determine the conditions of its operation.

It cannot found any new establishment except in virtue of a decree rendered in Council of State.

The dissolution of the congregation or the closing of any establishment can be pronounced by decree rendered in council of the Ministers.

14. No one is allowed to manage, either directly or through an interposed person, an educational institution of any kind whatsoever, nor to give instruction therein if he belongs to a non-authorised religious congregation.

Contravenors shall be punished with the penalties provided by article 8, §2. In addition, the closing of the institution can be pronounced by judgment of condemnation.

15. Every religious congregation keeps a statement of its

receipts and expenses; it prepares annually the financial account of the past year and an inventoried statement of its real and personal property.

The complete list of its members, mentioning their patronymical names as well as the names under which they are designated in the congregation, their nationality, age and place of birth, the date of their entrance, must be kept at the residence of the congregation.

It is required to produce, without alteration, upon every requisition of the prefect, by himself or by his delegate, the accounts, statements and lists above mentioned.

The representatives or directors of a congregation which shall have made false communications or refused to comply with the requisitions of the prefect in the cases provided for by the present article shall be punished with the penalties provided by $2 of article 8.

16. Every congregation formed without authorisation shall be declared illicit.

Those who shall have taken part therein shall be punished with the penalties decreed by article 8, §2.

The penalty applicable to the founders or administrators shall be doubled.

18. The congregations existing at the moment of the promulgation of the present law, which may not have been authorised or recognized, within the space of three months, must prove that they have made the necessary efforts in order to conform to its requirements.

In default of this proof, they shall with perfect right be reputed dissolved. It shall be the same with the congregations to which the authorisation shall have been refused.

Liquidation of the property retained by them shall take place in the courts. The tribunal, at the request of the public minister, shall appoint, in order to proceed thereto, a liquidator who shall have during the entire continuance of the liquidation all the powers of a sequestration administrator.

The judgment ordering the liquidation shall be made public in the form prescribed for legal announcements.

The property and values belonging to members of the congregation, prior to their entrance into the congregation, or