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diocese the bishop appoints all the curés or officiating priests；
and may deprive nine out of ten of them； in the diocese above named；
from 1850 to 1860； scarcely one lay functionary was nominated
without the consent or intervention of the cardinal…archbishop。＇70＇
To comprehend the spirit； discipline； and influence of our
contemporary clergy； go back to the source of it； and you will find
it in the decree of the Constituent Assembly。 A natural
organization cannot be broken up with impunity； it forms anew；
adapting itself to circumstances； and closes up its ranks in
proportion to its danger。
But even if； according to the maxims of the Assembly； faith and
worship are free； as far as the sovereign State is concerned； the
churches are subjects。 For these are societies； administrations；
and hierarchies； and no society； administration； or hierarchy may
exist in the State without entering into its …departments under
the title of subordinate； delegate； or employee。 A priest is now
essentially a salaried officer like the rest； a functionary＇71＇
presiding over matters pertaining to worship and morality。 If the
State is disposed to change the number； the mode of nomination； the
duties and the posts of its engineers； it is not bound to assemble
its engineers and ask their permission； least of all that of a
foreign engineer established at Rome。 If it wishes to change the
condition of 〃its ecclesiastical officers；〃 its right to do so is
the same； and therefore unquestioned。 There is no need of asking
anybody's consent in the exercise of this right； and it allows no
interference between it and its clerks。 The Assembly refuses to
call a Gallican council； it refuses to negotiate with the Pope； and；
on its own authority alone； it recasts the whole Constitution of the
Church。 Henceforth this branch of the public administration is to
be organized on the model of the others。 In the first
place＇72＇ the diocese is to be in extent and limits the same as the
French department； consequently； all ecclesiastical districts are
marked out anew； and forty…eight episcopal sees disappear。 In
the second place； the appointed bishop is forbidden 〃to refer to the
Pope to obtain any confirmation whatever。〃 All he can do is to write
to him 〃in testimony of the unity of faith and of the communion
which he is to maintain with him。〃 The bishop is thus no longer
installed by his canonical chief； and the Church of France becomes
schismatic。 In the third place； the metropolitan or bishop is
forbidden to exact from the new bishops or curés 〃any oath other
than that they profess the Catholic； Apostolic； and Roman religion。〃
Assisted by his council he may examine them on their doctrine and
morals； and refuse them canonical installation； but in this case his
reasons must be given in writing； and be signed by himself and his
council。 His authority； in other respects； does not extend beyond
this for it is the civil tribunal which decides between contending
parties。 Thus is the catholic hierarchy broken up； the
ecclesiastical superior has his hands tied； if he still delegates
sacerdotal functions it is only as a matter of form。 Between the
curé and the bishop subordination ceases to exist just as it has
ceased to exist between the bishop and the Pope； and the Church of
France becomes Presbyterian。 The people now； in effect； choose
their own ministers； as they do in the Presbyterian church； the
bishop is appointed by the electors of the department； the cure by
the district electors； and； what is an extraordinary aggravation；
these need not be of his communion。 It is of no consequence whether
the electoral Assembly contains； as at N？mes； Montauban； Strasbourg；
and Metz； a notable proportion of Calvinists； Lutherans； and Jews；
or whether its majority； furnished by the club； is notoriously
hostile to Catholicism； and even to Christianity itself。 The bishop
and the curé must be chosen by the electoral body； the Holy Ghost
dwells with it； and with the civil tribunals； and these may install
its elect in spite of any resistance。 To complete the
dependence of the clergy； every bishop is forbidden to absent
himself more than fifteen days without permission from the
department； every curé the same length of time without the
permission of the district； even to attend upon a dying father or to
undergo the operation of lithotomy。 In default of this permission
his salary is suspended： as a functionary under salary； he owes all
his time to his bureau； and if he desires a leave of absence he must
ask for it from his chiefs in the H？tel…de…Ville。＇73＇ He must
assent to all these innovations； not only with passive obedience；
but by a solemn oath。 All old or new ecclesiastics； archbishops；
bishops； curés； vicars； preachers； hospital and prison chaplains；
superiors and directors of seminaries； professors of seminaries and
colleges； are to state in writing that they are ready to take this
oath： moreover； they must take it publicly； in church； 〃in the
presence of the general council； the commune； and the faithful；〃 and
promise 〃to maintain with all their power〃 a schismatic and
Presbyterian Church。 For there can be no doubt about the sense
and bearing of the prescribed oath。 It was all very well to
incorporate it with a broader one； that of maintaining the
Constitution。 But the Constitution of the clergy is too clearly
comprised in the general Constitution； like a chapter in a book； and
to sign the book is to sign the chapter。 Besides； in the formula to
which the ecclesiastics in the Assembly are obliged to swear in the
tribune； the chapter is precisely indicated； and no exception or
reservation is allowed。＇74＇ The Bishop of Clermont； with all those
who have accepted the Constitution in full； save the decrees
affecting spiritual matters； are silenced。 Where the spiritual
begins and where it ends the Assembly knows better than they； for it
has defined this； and it imposes its definition on canonist and
theologian； it is； in its turn； the Pope； and all consciences must
bow to its decision。 Let them take the 〃oath； pure and simple；〃 or
if they do not they are 'refractory。〃 The fiat goes forth； and the
effect of it is immense； for； along with the clergy； the law reaches
to laymen。 On the one hand； all the ecclesiastics who refuse the
oath are dismissed。 If they continue 〃to interfere with public
functions which they have personally or corporately exercised〃 they
〃shall be prosecuted as disturbers of the peace； and condemned as
rebels against the law；〃 deprived of all rights as active citizens；
and declared incompetent to hold any public office。 This is the
penalty already inflicted on the nonjuring bishop who persists in
considering himself a bishop； who ordains priests and who issues a
pastoral letter。 Such is soon to be the penalty inflicted on the
nonjuring curé who presumes to hear confession or officiate at a
mass。＇75＇ On the other hand； all citizens who refuse to take the
prescribed oath； all electors； municipal officers； judges and
administrative agents； shall lose their right of suffrage； have
their functions revoked； and be declared incompetent for all public
duties。＇76＇ The result is that scrupulous Catholics are excluded
from every administrative post； from all elections； and especially
from ecclesiastical elections； from which it follows that； the
stronger one's faith the less one's share in the choice of a
priest。＇77＇ What an admirable law； that which； under the pretext
of doing away with ecclesiastical abuses； places the faithful； lay
or clerical； outside the pale of the law！
This soon becomes apparent。 One hundred and thirty four
archbishops； bishops； and coadjutors refuse to take the oath； there
are only four of them who do so； three of whom； MM。 de Talleyrand；
de Jarente； and de Brienne； are unbelievers and notorious for their
licentiousness； the others are influenced by their consciences；
above all； by their esprit de corps and a point of honor。 Most of
the curés rally around this staff of officers。 In the diocese of
Besan？on；＇78＇ out of fourteen hundred priests； three hundred take
the oath； a thousand refuse it； and eighty retract。 In the
department of Doubs； only four consent to swear。 In the department
of Lozère； there are only 〃ten out of two hundred and fifty。〃 It is
stated positively；〃 writes the best informed of all observers that
everywhere in France two…thirds of the ecclesiastics have refused
the oath； or have only taken it with the same reservations as the
Bishop of Clermont。〃
Thus； out of seventy thousand priests； forty…six thousand are turned
out of office； and the majority of their parishioners are on their
side。 This is apparent in the absence of electors convoked to
replace them： at Bordeaux only four hundred and fifty came to the
poll out of nine hundred； while elsewhere the summons brings
together o