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the means of replacing。 Helplessness； indifference； or
malevolence； such are the various dispositions which are encountered
among the new authorities whose duty it is to support and protect
them。 To let loose persecution there is now only needed a decree
which puts the civil power in conflict with religious convictions。
That decree is promulgated； and； on the 12th of July； 1790； the
Assembly establishes the civil constitution of the clergy。
Notwithstanding the confiscation of ecclesiastical property； and the
dispersion of the monastic communities； the main body of the
ecclesiastical corps remains intact： seventy thousand priests ranged
under the bishops； with the Pope in the center as the commander…in…
chief。 There is no corporation more solid； more incompatible； or
more attacked。 For； against it are opposed implacable hatreds and
fixed opinions： the Gallicanism of the jurists who； from St。 Louis
downwards； are the adversaries of ecclesiastical power； the doctrine
of the Jansenists who； since Louis XIII。； desire to bring back the
Church to its primitive form； and the theory of the philosophers
who； for sixty years； have considered Christianity as a mistake and
Catholicism as a scourge。 At the very least the institution of a
clergy in Catholicism is condemned； and they think that they are
moderate if they respect the rest。
〃WE MIGHT CHANGE THE RELIGION；〃
say the deputies in the tribune。＇66＇ Now； the decree affects
neither dogma nor worship； it is confined to a revision of matters
of discipline； and on this particular domain which is claimed for
the civil power； it is pretended that demolition and re…construction
may be effected at discretion without the concurrence of the
ecclesiastical power。
Here there is an abuse of power； for an ecclesiastical as well as
civil society has the right to choose its own form； its own
hierarchy； its own government。 … On this point； every argument that
can be advanced in favor of the former can be repeated in favor of
the latter； and the moment one becomes legitimate the other becomes
legitimate also。 The justification for a civil or of a religious
community or society may be the performance of a long series of
services which； for centuries； it has rendered to its members； the
zeal and success with which it discharges its functions； the
feelings of gratitude they entertain for it； the importance they
attribute to its offices； the need they have of it； and their
attachment to it； the conviction imprinted in their minds that
without it they would be deprived of a benefit upon which they set
more store than upon any other。 This benefit； in a civil society；
is the security of persons and property。 In the religious society
it is the eternal salvation of the soul。 iii In all other
particulars the resemblance is complete； and the titles of the
Church are as good as those of the State。 Hence； if it be just for
one to be sovereign and free on its own domain； it is just for the
other to be equally sovereign and free； If the Church encroaches
when it assumes to regulate the constitution of the State； then the
State also encroaches when it pretends to regulate the constitution
of the Church。 If the former claims the respect of the latter on
its domain； the latter must show equal respect for the former on its
ground。 The boundary…line between the two territories is；
undoubtedly； not clearly defined and frequent contests arise between
the two。 Sometimes these may be forestalled or terminated by each
shutting itself up within a wall of separation； and by their
remaining as much as possible indifferent to each other； as is the
case in America。 At another； they may； by a carefully considered
contract；＇67＇ each accord to the other specific rights on the
intermediate zone； and both exercise their divided authority on that
zone； which is the case in France。 In both cases； however； the two
powers； like the two societies； must remain distinct。 It is
necessary for each of them that the other should be an equal； and
not a subordinate to which it prescribes conditions。 Whatever the
civil system may be； whether monarchical or republican； oligarchic
or democratic； the Church abuses its credit when it condemns or
attacks it。 Whatever may be the ecclesiastical system； whether
papal； Episcopalian； Presbyterian； or congregational； the State
abuses its strength when； without the assent of the faithful； it
abolishes their systems or imposes a new one upon them。 Not only
does it violate right； but its violence； most frequently； is
fruitless。 It may strike as it will； the root of the tree is beyond
its reach； and； in the unjust war which it wages against an
institution as vital as itself； it often ends in getting the worst
of it。
Unfortunately； the Assembly； in this as in other matters； being
preoccupied with principles； fails to look at practical facts； and；
aiming to remove only the dead bark； it injures the living trunk。
For many centuries； and especially since the Council of Trent； the
vigorous element of Catholicism is much less religion itself than
the Church。 Theology has retired into the background； while
discipline has come to the front。 Believers who； according to
Church law； are required to regard spiritual authority as dogma； in
fact attach their faith to the spiritual authority much more than to
the dogma。 …
Catholic Faith insists； in relation to discipline as well as to
dogma； that if one rejects the decision of the Roman Church one
ceases to be a Catholic； that the constitution of the Church is
monarchical； that the ordaining of priests and bishops is made from
above so that without communion with the Pope； its supreme head； one
is schismatic and that no schismatic priest legitimately can perform
a holy service； and that no true faithful may attend his service or
receive his blessings without committing a sin。 … It is a fact that
the faithful； apart from a few Jansenists； are neither theologians
nor canonists； that they read neither prayers nor scriptures； and if
they accept the creed； it is in a lump； without investigation；
confiding in the hand which presents it； that their obedient
conscience is in the keeping of this pastoral guide； that the Church
of the third century is of little consequence to them； and that； as
far as the true form of the actual Church goes； the doctor whose
advice they follow is not St。 Cyprian； of whom they know nothing；
but their visible bishop and their living curé。
Put these two premises together and the conclusion is self…evident：
it is clear that they will not believe that they are baptized；
absolved； or married except by this curé authorized by this bishop。
Let others be put in their places whom they condemn； and you
suppress worship； sacraments； and the most precious functions of
spiritual life to twenty…four millions of French people； to all the
peasantry； all the children； and to almost all the women； you stir
up in rebellion against you the two greatest forces which move the
mind； conscience and habit。 And observe the result of this。
You not only convert the State into a policeman in the service of
heresy； but also； through this fruitless and tyrannous attempt of
Gallican Jansenism； you bring into permanent discredit Gallican
maxims and Jansenist doctrines。 You cut away the last two roots by
which a liberal sentiment still vegetated in orthodox Catholicism。
You throw the clergy back on Rome； you attach them to the Pope from
whom you wish to separate them； and deprive them of the national
character which you wish to impose on them。 They were French； and
you render them Ultramontane。＇68＇ They excited ill…will and envy；
and you render them sympathetic and popular。 They were a divided
body； and you give them unanimity。 They were a straggling militia；
scattered about under several independent authorities； and rooted to
the soil through the possession of the ground； thanks to you； they
are to become a regular； manageable army； emancipated from every
local attachment； organized under one head； and always prepared to
take the field at the word of command。 Compare the authority of a
bishop in his diocese in 1789 with that of a bishop sixty years
later。 In 1789； the Archbishop of Besan？on； out of fifteen hundred
offices and benefices； had the patronage of one hundred； In ninety…
three incumbencies the selections were made by the metropolitan
chapter； in eighteen it was made by the chapter of the Madeleine； in
seventy parishes by the noble founder or benefactor。 One abbé had
thirteen incumbencies at his disposal； another thirty…four； another
thirty…five； a prior nine； an abbess twenty； five communes directly
nominated their own pastor； while abbeys； priories and canonries
were in the hands of the King。＇69＇ At the present day （1880） in a
diocese the bishop appoints all the curés or officiating priests；
and may deprive nine out