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Protestantism and Catholicity
In confirmation of the doctrine of mere de facto government, the conduct of the first Christians has been sometimes alleged. "They submitted," it is said, "to the constituted authorities without even inquiring whether they were legitimate or not. At this epoch usurpations were frequent, the imperial throne was established by force, its occupants one after another owed their elevation to military insurrection, and to the assassination of their predecessors. We find, nevertheless, that Christians never meddled with the question of legitimacy; they respected the established power, and this power failing, they submitted without murmuring to the new tyrant who had usurped the throne." This argument, it cannot be denied, is very plausible, and presents at first sight a serious difficulty; a few reflections, however, suffice to show its extreme futility. In order that an insurrection against an unlawful power may be legitimate and prudent, those who undertake to overturn it should be sure of its illegitimacy, should have in view the substitution of a lawful power, and should count besides on the probability of the success of their enterprise. If these conditions are not fulfilled, the insurrection has no object; it is a mere fruitless attempt, an impotent revenge, which, instead of being useful to society, only causes bloodshed, only irritates the power attacked, and can have in consequence no other effect than to increase oppression and tyranny.
None of the conditions here mentioned were in existence at the time we are speaking of; all that upright men could do was quietly to resign themselves to the calamitous circumstances of the times, and by fervent prayer to implore the Almighty to take compassion on mankind.
When every thing was decided by force of arms, who could say whether such or such an emperor was lawfully established? Upon what rules was the imperial succession established? Where was legitimacy to be substituted for illegitimacy? Amongst the Romans – those vile, degraded beings, kissing the chains of the first tyrant who offered them food and games? In the worthless posterity of those illustrious patricians who formerly gave laws to the universe? Was it vested in the sons or in the family of some assassinated emperor, when the laws had not established hereditary succession, when the sceptre of the empire was at the disposal of the legions, when it frequently happened that the emperor, the victim of usurpation, had been himself merely a usurper, who had mounted to the throne over the corpse of his rival? Did it exist in the ancient rights of those conquered nations now reduced to simple dependencies of the empire, divested of all national spirit, having even lost the recollection of their former condition, without a thought capable of conducting them in the work of their emancipation, and destitute of resources against the colossal force of their masters? What object could any one have, under such circumstances, in making attempts against the established government? When the legions decided the fate of the world, alternately elevating and assassinating their masters, what could or what ought the Christian to do? The disciple of a God of peace and love, he could not take part in criminal scenes of bloodshed and tumult; authority was tottering and uncertain; it was not for him to decide whether it was legitimate or not; it only remained for him to submit to the power generally acknowledged, and at the arrival of one of those changes, at that time of so frequent occurrence, to yield the same obedience to the newly-established government.
The interference of Christians in political disputes would only have served to bring into disrepute the holy religion they professed; it would have given to philosophers and idolaters a pretext for increasing the catalogue of black calumnies which they everywhere brought against the faith. Public report accused Catholicity of being subversive of governments; Christians would have furnished a pretext for extending and accrediting this unfounded report, the hatred of governments would have been redoubled, and the rigors of persecution so cruelly exercised against the disciples of the cross would have been increased. Has this state of things ever existed but once, either in ancient or modern times? And could the conduct of the first Christians in this respect be made a rule for the Spaniards, for instance, at the time they resisted the usurpation of Bonaparte? Or could it be imitated by any other people in similar circumstances? Or will it be received as an argument in favor of every kind of usurpation? No; man, in becoming a Christian, does not cease to be a citizen, to be a man, to have his rights, and he acts in a praiseworthy manner whenever, within the bounds of reason and justice, he attempts to maintain these rights with fearless intrepidity.
Don Felix Amat, Archbishop of Palmyra, in his posthumous work entitled Idea of the Church Militant, makes use of these words: "Jesus Christ, by his plain and expressive answer, Render to Cæsar the things that are Cæsar's, has sufficiently established, that the mere fact of a government's existence is sufficient for enforcing the obedience of subjects to it." What I have already advanced is enough, in my opinion, to show the fallacy of such an assertion; and, as I intend to revert to this subject, and investigate more attentively this author's opinion, and the reasons upon which he supports it, I shall not now attempt to enter upon its refutation. I will, nevertheless, make one observation, which occurred to me on reading the passages in which the Archbishop of Palmyra developes it. His work was forbidden at Rome; and whatever may have been the motives for such a prohibition, we may rest assured that, in the case of a book advocating such doctrines, every man who is jealous of his rights might acquiesce in the decree of the Sacred Congregation.
As the opportunity is favorable, we may make a few remarks upon consummated facts, which are so closely connected with the doctrine under discussion. Consummated implies something perfect in its kind; hence an act is consummated when it has attained its completion. This word, applied to crimes, is opposed to mere attempt. We say an attempt at robbery, murder, or arson, when the undertaking to commit these crimes has been manifested by some act; for instance, the lock of a door has been broken, an attack has been made with a murderous weapon, combustible matter has been ignited – but the crime is not said to be consummated till the robbery, murder, or arson has actually been committed. Hence, in a political and social sense, we designate consummated facts an usurpation, completely overthrowing the legitimate power, and by means of which the usurper is already substituted in its place; a measure executed in all its points; such as the suppression of the regular clergy in Spain, and the confiscation of their property to the treasury; a revolution which has been triumphant, and which has entirely disposed of a country, as was the case with our American possessions.
From this explanation, we see clearly that a fact does not, by being consummated, change its nature; it still remains a simple fact – just or unjust, legal or illegal – as it was before. The most horrible outrages may also be termed consummated facts; yet, for all that, they do not cease to deserve disgrace and punishment.
What, then, is the meaning of certain phrases continually uttered by some men? "We must respect consummated facts; we must always accept consummated facts; it is folly to resist consummated facts; it is a wise policy that yields to consummated facts." Far be it from me to assert that all those who establish these maxims, profess the fatal doctrines to which they give rise. We often admit principles, the consequences of which we reject; and point out a certain line of conduct as right, without attending to the abominable maxims in which it originates. In human affairs, good and evil, error and truth are so narrowly separated, and prudence so closely borders on culpable timidity, that in theory, as well as in practice, it is not always easy to remain within the bounds prescribed by reason and the eternal principles of sound morality. If respect for consummated facts is mentioned, perverse men immediately include in it the sanctioning of crime, the spoils of plunder secured to the robber, no hope of restitution left to the victims, and a gag put upon their mouths, to stifle their complaints. Others, I am aware, have no such design in making use of these words, but are the dupes of a confusion of ideas, arising from their not having distinguished between moral principles and public expediency. On this point, therefore, we must distinguish and define, which I will do in a few words.
The simple consummation of a fact does not render it legitimate; and, consequently, it is not on this account alone worthy of respect. The robber who has stolen does not acquire a right to the thing stolen; the incendiary who reduces a house to ashes is no less deserving of punishment, of being forced to make reparation, than if he had been arrested in the attempt. This is so evident and clear, that it cannot be called in question. To assert the contrary, is to become the enemy of all morality, of all justice, of all right; and to proclaim the exclusive rule of force and cunning. Consummated facts, appertaining to social and political order, do not change their nature; the usurper, who seizes upon the crown of his lawful predecessor; the conqueror, who, by mere force of arms, has subdued a nation, does not thereby acquire a right to its possession; the government, which by gross iniquities has despoiled entire classes of citizens, exacted undue contributions, abolished legitimate rights, cannot justify its acts by the simple fact of its having sufficient strength to execute these iniquities. That is equally evident; and if there is here any difference at all, the crime is only the greater, from the greater gravity and extent of the wrongs committed, and of the scandal given to the public. Such are the principles of sound morality – individual morality, social morality; morality of the whole human race; immutable, eternal morality.
Let us now examine the question of public expediency. In some instances, a consummated fact, in spite of all its injustice, all its immorality and atrocity, acquires such an ascendency, that by not accepting it, or by being determined to destroy it, we should let loose a train of troubles and commotions, and perhaps without effect. Every government is bound to respect justice, and to act in such a manner that its subjects may also respect it; but it should not command what will not be obeyed, when it is deprived of the means of enforcing obedience. In such a case, we should not commit an injustice by not attacking the illegal interests, or by not endeavoring to obtain redress for the victims; the government, in such a case, may be compared to a man who, beholding robbers loaded with the fruit of their theft, is without the means of forcing them to make restitution. If you suppose an impossibility, what does it avail to say that the government is not a single individual, but a defender of all legitimate interests? No one is bound to impossibilities.
Observe, also, that this remark applies not only to a physical impossibility, but also to a moral one. Whenever, therefore, the government possesses the material means of obtaining reparation, a moral impossibility will be constituted, when the employing of those means would cause serious difficulties to the state, endanger the public peace, or sow the seeds of future insurrection. Order and public interest require the preference, for these are the primary objects of all government; consequently, that which cannot be accomplished without endangering them, ought to be considered as impossible. The application of these doctrines will always be a question of prudence, that cannot be subjected to any general rule. Depending as it does upon a thousand circumstances, it cannot be decided upon abstract principles; but by the consideration of existing facts, duly appreciated and considered by political tact. Such is the case of the respect due to consummated facts; the injustice of these facts is apparent; but we must not overlook their force. Not to attack them is not, necessarily, to sanction them. The legislator is bound to diminish the evil as far as possible; but not to risk an aggravation of it by attempting an impracticable reparation. As it is particularly injurious to society for great interests to remain insecure, and uncertain for the future, just means must be adopted, which, without occasioning complicity in the evil, may prevent the dangers of a doubtful situation, resulting from injustice itself. A just policy does not sanction injustice; but a wise policy never despises the importance of established facts. If such facts exist, and appear indestructible, it tolerates them; but without affording them the sanction of its participation or approval. Acting with dignity, it makes the best of difficulties; and in some sort allies the principles of eternal justice with the views of public expediency. We have a very striking case in point, which will place this matter in the clearest possible light. After the great evils, and the enormous acts of injustice perpetrated during the French Revolution, what possibility was there of making a complete reparation? In 1814, could every thing be restored to the position in which it stood in 1789? The throne overturned, all social distinctions levelled, and property broken up; who could reconstruct the ancient social edifice? No one.
Such is the respect to be entertained for consummated facts, which might be more properly termed indestructible ones. To illustrate my idea still further, I will give it a very simple exemplification. A proprietor, driven from his possessions by a powerful neighbor, has not the means of repossessing himself of them. He has neither wealth nor influence; and his spoliator abounds in both. If he have recourse to force, he will be vanquished; if to the tribunal, he will lose his cause; what, therefore, is he to do? To negotiate for an accommodation, to obtain what he can, and be resigned to his fate. This is all that can be said; and it is remarkable, that such are the principles adopted by governments. History and experience teach us, that consummated facts are respected when they are indestructible; that is, when they possess in themselves sufficient force to make them respected; in any other case, they are not so. And nothing is more natural. Whatever is not founded upon right, can only be maintained by force.32
CHAPTER LVI.
HOW THE CIVIL POWER MAY BE LAWFULLY RESISTED
From what has been said in the foregoing chapters it follows, that it is allowable to resist illegitimate power by force. The Catholic religion does not enjoin obedience to governments existing merely de facto; for morality does not admit a mere fact, unsupported by right and justice. However, when power is in itself lawful, but in its exercise tyrannical, does our religion prohibit, in every instance, resistance by physical force; so that not to resist at all, forms a part of her dogmas? Is insurrection never allowable, in any supposition, for any motive? Although I have already eliminated many questions, it is necessary to draw here a fresh distinction, in order to fix exactly the point at which dogma ends, and opinions begin. It is evident, in the first place, that an individual has no right to kill a tyrant on his own authority. The Council of Constance, in its 15th session, condemned the following proposition as heretical: "Any vassal or subject may and should, lawfully and meritoriously, kill any tyrant. He may even, for this purpose, avail himself of ambushes, and wily expressions of affection or adulation; notwithstanding any oath or pact imposed upon him by the tyrant; and without waiting for the sentence or order of any judge." "Quilibet tyrannus potest et debet licite et meritorie occidi per quemcumque vassallum suum vel subditum, etiam per clanculares insidias, et subtiles blanditias vel adulationes, non obstante quocumque præstito juramento, seu confœderatione factis cum eo, non expectata sententia vel mandato judicis cujuscumque."
But does this decision of the Council of Constance constitute a prohibition of every kind of insurrection? No; it speaks of the murder of a tyrant by any particular individual; but every case of resistance is not maintained by a single individual; neither is it the aim of every insurrection to destroy a tyrant. This doctrine only serves to prevent murder, and a train of evils which would overwhelm society if it were established that any individual had a right of his own authority to kill the supreme ruler. Who will venture to accuse this doctrine of being favorable to tyranny? The liberty of the people should not be based upon the horrid right of assassination; the defence of the rights of society should not be confided to the dagger of a fanatic. The attributes of public power are so extensive and various, that their exercise must necessarily and frequently inconvenience some individuals. Man, inclined to extremes and revenge, easily enlarges upon the grievances which he suffers; passing from a particular to a general, he is inclined to look upon those who injure or oppose him as villains. At the slightest shock which he receives from government, he cries out that tyranny is insupportable; the act of arbitrary power, real or imaginary, committed against him, becomes, in his mouth, one of the many iniquities perpetrated, or the commencement of those that are to be. Grant, therefore, to the individual the right of killing a tyrant; proclaim to the people that, to render such an act lawful and meritorious, there is no need of a sentence, or any judicial condemnation; and from that time this horrible crime will become frequent. The wisest, the justest kings will fall victims to the parricidal dagger, or the poisoned cup. You will have furnished no guarantee to the liberty of the people, and you will have exposed the dearest interests of society to dreadful hazards.
The Catholic Church, by this solemn declaration, has conferred an immense service on humanity. The violent death of him who holds the supreme power seldom happens without causing bloodshed and great commotion. It provokes measures of suspicious precaution, easily converted into tyranny. It follows, then, that any crime instigated by excessive hatred of tyranny contributes to establish it in a form still more absolute and cruel. Modern nations should feel grateful to the Catholic Church for having established this sacred and saving principle. A person must be possessed of very mean sentiments, or very ferocious instincts, not to appreciate it, or to regret the bloody scenes of the Roman Empire and the barbarian monarchy. We have seen, and we still see, powerful nations delivered up to dreadful troubles, by the neglect of this Catholic maxim. The history of the last three centuries, and the experience of this, prove that this august precept of the Church was given to the people in anticipation of the dangers which were threatening them. In it we find no flattery for kings; for they are not the only ones benefited by it; it is a general proposition, including all others, whatever be their titles, who exercise supreme authority, whatever be the form of government, from the Russian autocrat to the most democratical republic.
It is worthy of remark, that modern constitutions, proceeding from the bosom of revolutions, have universally rendered a solemn homage to this Catholic maxim; they have declared the person of the monarch sacred and inviolable. What does this mean, but that this person should be placed under an impenetrable safeguard? You reproach the Catholic Church with placing a sort of shield before the person of kings, and yet you yourselves declare that person inviolable. The anointing of kings you ridicule, and yet you yourself declare that the king is sacred. Since you are forced to imitate the Church, her dogmas and her discipline must have contained an eternal truth, and high political principles; with this difference, however, that you represent as the work of the will of man what she esteems the work of the will of God. But if supreme power makes a scandalous abuse of its faculties, if it outsteps its just bounds, if it tramples under foot fundamental laws, if it persecutes religion, corrupts morality, outrages public dignity, attacks the honor of citizens, exacts illegal and disproportionate contributions, alienates national property, dismembers provinces, inflicts death and ignominy upon the people: in such cases, does Catholicity also prescribe obedience? does it forbid resistance? does it command subjects to remain tranquil, like a lamb in the claws of a wild beast? May there not exist, either in an individual, or in the principal bodies, or in the most distinguished classes of society, or in the entire mass of the nation, somewhere, in fine, the right of opposing, of resisting, after all means of mildness, representation, counsel, and entreaty have failed? In such disastrous circumstances, does the Church leave the people without hope, and tyrants without restraint?
In such extremities, certain very renowned theologians think that resistance is allowable; but the dogmas of the Church do not descend to these details. The Church abstains from condemning the opposite doctrines. In such extreme circumstances, non-resistance is not a dogmatical prescription. The Church has never taught such a doctrine; if any one will maintain that she has, let him bring forward a decision of a Council or of a Sovereign Pontiff to that effect. St. Thomas of Aquin, Cardinal Bellarmin, Suarez, and other eminent theologians, were well versed in the dogmas of the Church; and yet, if you consult their works, so far from finding this doctrine in them, you will find the opposite one. Now the Church has not condemned them, she has not confounded them with those seditious writers in whom Protestantism abounds, nor with modern revolutionists, who are continually disturbing social order. Bossuet and other authors of repute differ from St. Thomas, Bellarmin, Suarez; and this gives credit to the opposite opinion, but does not convert it into a dogma. Upon certain points of the highest import, the opinions of the illustrious Bishop of Meaux suffered contradiction; and we know that upon this case of an excess of tyranny, the Pope at another period was acknowledged to possess faculties which Bossuet refuses him.
The Abbé de Lamennais, in his impotent and obstinate resistance to the Holy see, adduced the doctrines of St. Thomas, and those of some other theologians, pretending that to condemn his own works was to condemn schools hitherto held irreproachable. (Affaires de Rome.) The Abbé Gerbet, in his excellent refutation of M. de Lamennais, after having very judiciously remarked, that the Sovereign Pontiff's object in reproving modern doctrines was, to prevent a renewal of the errors of Wickliffe, observes, at the epoch of this heresiarch's condemnation, the doctrines of St. Thomas and of other theologians were well known, and that, nevertheless, no one believed that they were included in the condemnation. The excellent author of this refutation deemed this sufficient to deprive M. de Lamennais of the shield under which he sought to defend and cover his apostacy; and for this reason, he abstains from drawing a parallel between the two doctrines. In fact, this reflection alone is sufficient to convince any judicious man that the doctrines of St. Thomas bear no resemblance to those of M. de Lamennais. It may, however, be useful to give in few words a comparison of the two doctrines. At the present time, and in these matters, it is very proper to know, not only that these doctrines differ, but likewise wherein they differ. M. de Lamennais' theory may be stated in the following terms: A natural equality among men, and, as necessary consequences, 1. Equality of rights, political rights included; 2. The injustice of every social and political organization not establishing this equality completely, as is the case in Europe and in the whole universe; 3. Expediency and legitimacy of insurrection, to destroy governments, and change social organization; 4. Abolition of all government, as the object of the progress of the human race.
The doctrines of St. Thomas on the same points may be thus expressed: A natural equality among men; that is to say, an essential equality, but exclusive of physical, intellectual, and moral gifts – an equality among men in the eyes of God – an equality in their destination, inasmuch as they are all created to enjoy God – an equality of means, inasmuch as they are all redeemed by Christ, and may all receive His grace; but exclusive of the inequalities which it may please God to establish by gifts of grace and glory. 1. An equality of social and political rights. According to the holy doctor, such an equality is impossible. He rather supports the utility and legitimacy of certain hierarchies; the respect due to those established by law; the necessity of there being some to command and others to obey; the obligation of being subject to the established laws of the country, whatever be the form of government; the preference for monarchical governments. 2. The injustice of every social and political organization not establishing a complete equality. St. Thomas looks upon this as an error opposed to reason and to faith. Nay, more; not only is it true that the inequality founded upon the very nature of man and of society is an effect and punishment of original sin, in as far as it entails upon man injury or inconvenience; but, according to the holy Doctor, this inequality would have existed among men even in a state of innocence. 3. Expediency and legitimacy of insurrection, to destroy governments, and to change the social organization. An erroneous and fatal opinion. We ought to submit to legitimate governments; it is expedient even to tolerate such as make an improper use of their power; we must exhaust every means of entreaty, of counsel and representation, before we have recourse to others. We can only appeal to force in the greatest extremities, on rare occasions, and then only under many restrictions, as will be seen elsewhere. 4. Abolition of all government, as the object of the progress of the human race. An absurd proposition – a dream that cannot be realized. The necessity of government in every society; arguments founded upon the nature of man; analogies from the human body, from the very order of the universe; the existence of government even in a state of innocence. Such are the doctrines of De Lamennais and St. Thomas respectively. Let the reader compare them, and judge for himself.