CARDINAL CONSALVI AND NAPOLEON BONAPARTE.

[Concluded from page 167.]

This laconic answer produced on Napoleon an extraordinary effect. He

started, and fixed on the Cardinal a long and searching look. The man of

iron will felt that he had to deal with another will, which, while it

matched his own for firmness, surpassed it in the power that ever

springs from self-control. Taking advantage of the Consul's surprise,

Consalvi went on to say that he could not exceed his powers, nor could

he agree to terms in opposition to the principles of the Holy See; that

it was not possible in ecclesiastical matters to act as freely as was

allowable in urgent cases wherein only temporal matters were concerned.

Besides, in fairness the rupture could not be laid to the Pope's charge,

seeing that his minister had agreed to all the articles with one single

exception, and that even this one had not been definitely rejected, but

merely referred to the judgment of his Holiness.

Somewhat calmed, the Consul interrupted, saying that he did not wish to

leave after him unfinished works; he would have all or none. The

Cardinal having replied that he had no power to negotiate on the article

in question as long as it remained in its present shape, Napoleon's

former excitement flashed out once more as he repeated with fire his

resolution to insist on it just as it was, without a syllable more or

less. "Then I will never sign it", replied the Cardinal, "for I have no

power to do so". "And that is the very reason", cried the other, "why I

say that you wished to break off the negotiations, and that I look on

the business as settled, and that Rome shall open her eyes, and shall

shed tears of blood for this rupture". Then almost rudely pushing his

way through the company, he went about in every direction, declaring

that he would change the religion of Europe; that no power could resist

him; that he would not be alone in getting rid of the Pope, but would

throw the whole of Europe into confusion: it was all the Pope's fault,

and the Pope should pay the penalty.

The Austrian minister, the Count de Cobenzel, full of consternation at

the scene, ran at once towards the Cardinal, and with warm entreaty,

implored of him to find some means of averting so dreadful a calamity.

Once more had the Cardinal to hear from lips to which fear lent most

earnest eloquence, the harrowing description of the evils in store for

religion and for Europe. "But what can be done", he replied, "in the

face of the obstinate determination of the First Consul, to resist all

change in the form of the article?" The conversation was here

interrupted by the summons to dinner. The meal was short, and was the

most bitter the Cardinal had ever tasted in his life. When they returned

to the saloon, the Count resumed his expostulations. Bonaparte seeing

them in conversation, came up to the Count, and said that it was a loss

of time to try to overcome the obstinacy of the Pope's minister; and

then, with his usual vivacity and energy, he repeated his former

threats. The Count respectfully answered that, on the contrary, he found

the Pope's minister sincerely anxious to come to terms, and full of

regret at the rupture; no one but the First Consul himself could lead

the way to a reconciliation. "In what manner?" asked Bonaparte, with

great interest. "By authorising the commissioners to hold another

sitting", replied the Count, "and to endeavour to introduce some such

modification of the contested point as might satisfy both parties".

These and other remarks of the Count were urged with such tact and

grace, that after some resistance, Napoleon at last yielded. "Well,

then", cried he, "to prove to you that it is not I who seek to quarrel,

I consent that the commissioners shall meet on to-morrow for the last

time. Let them see if there be any possibility of an agreement; but, if

they separate without coming to terms, the rupture may be looked on as

final, and the Cardinal may go. I declare, likewise, that I insist on

this article just as it stands, and I will allow no change to be made in

it". And so saying, he abruptly turned his back on the two ministers.

These words, ungracious and contradictory as they were, nevertheless

contained the promise of a respite. It was resolved at once to hold a

sitting the next day at noon in the usual place, in the hope that,

having come to some agreement between themselves, they might win the

First Consul's consent, through the influence of his brother Joseph, who

had a great regard for De Cobenzel, and who was desirous of peace.

That night, following a day of such anxiety, and preceding a day of

dreadful struggle, brought but little repose to Cardinal Consalvi. But

when the morning came, a circumstance occurred which filled to

overflowing the cup of bitterness he had been condemned to drain. At an

early hour Mgr. Spina came into his room with sorrow and embarrassment

in his countenance, to report that the theologian, P. Caselli, had just

left him, after having announced that he had spent the night in

reflecting on the incalculable mischief likely to follow from such a

rupture; that its consequences would be most fatal to religion, and, as

the case of England proved, without a remedy; that, seeing the First

Consul inflexibly bent on refusing any modification of the disputed

article, he had come to the determination of signing it as it stood;

that in his opinion, it did not touch doctrine, and the unparalleled

character of the circumstances would justify the Pope's condescendence

in such a case. Mgr. Spina added that since this was the opinion of P.

Caselli, who was so much better a theologian than he himself, he had not

courage enough to assume the responsibility of consequences so fatal to

religion, and that he, too, had made up his mind to receive the article

and sign it as it was. In case the Cardinal believed that it was not

competent for them to sign without him, they would be under the

necessity of protesting their acceptation of the article, thereby to

save themselves from being responsible for the consequences of the

rupture.

This declaration, coupled with the thought that he was now alone in the

conflict, deeply affected the Cardinal. But it did not shake his

resolution nor take away his courage. He set himself to the task of

persuading his two friends of their mistake, but his endeavours were in

vain. Perceiving that all his arguments were counterbalanced by the

dread entertained of the consequences, he ended by saying that he was by

no means convinced by their reasons, and even single-handed he was

resolved to persevere in the conflict. He therefore requested them to

defer the announcement of their having accepted the article until the

conference was at an end, if it should be necessary to break off

negotiations. They willingly assented, and promised to give their

support to his arguments in the course of the debate, although they were

resolved not to go as far as a rupture.

Precisely at noon the sitting was opened at the residence of Joseph

Bonaparte. It lasted twelve hours, the clock having struck midnight as

they arose from the table. Eleven hours were devoted to the discussion

of the article of the Concordat which had been the cause of so many

disputes. It is now time to redeem our promise to enter somewhat into

detail concerning this famous question.

At Rome two things were considered as absolutely essential to the

Concordat, of which they were declared to be conditions _sine quibus

non_. One of these was the free exercise of the Catholic religion; the

other, that this exercise of religion should be public. The Head of the

Church felt it indispensable that these two points should be proclaimed

in the Concordat, not only because it was necessary to secure for

religion some solid advantage which might justify the extraordinary

concessions made by the Holy See, but also because the spirit of the

secular governments both before, and much more after, the French

Revolution, ever tended to enslave and fetter the Church. Besides, it

had become quite evident in the earlier stage of the negotiations, that

the government of France was obstinately opposed to the recognition of

the Catholic religion as the religion of the State. That government had

ever met the exertions made by Rome to gain this point by reciting the

fundamental principle of the constitution, which asserted the complete

equality of rights, of persons, of religions, and of everything else.

Hence it was looked upon as a great victory, and one for which Cardinal

Consalvi deserved high praise, when he succeeded in extorting the

admission that stands at the head of the Concordat, to the effect that

the Catholic religion in France was the religion of the majority of the

citizens. Another reason there was to insist upon these two points. That

universal toleration, which is one of the leading principles of the _jus

novum_, had long been proved by experience to mean toleration for all

sects, but not for the true Church. The Cardinal had not much difficulty

in obtaining the recognition of the free exercise of the Catholic

religion. Perhaps the government already had thought of the famous

organic laws which it afterwards published, and which effectually

neutralised all its concessions on this point. But a whole host of

invincible difficulties was marshalled against the demand made for

public exercise of the Catholic worship. It was urged with some reason,

and no doubt in a good measure with sincerity, that circumstances had

made it impossible to carry out in public with safety to the general

peace, all the ceremonies of religion, especially in places where the

Catholics were outnumbered by infidels and non-catholics. These latter

would be sure to insult and disturb the processions and other public

functions performed outside the churches; and it was not to be expected

that the Catholics would bear these outrages with patience. Hence, not

being willing to sanction an indefinite right of publicity, the

government expressed its views in these terms:[1] "The Roman Catholic

Apostolic Religion shall be freely exercised in France: _its worship

shall be public, regard being had, however, to police regulations_".

This is the article the discussion of which had occasioned so much

labour and anxiety.

Cardinal Consalvi discovered in the article thus worded two fatal

defects: firstly, it tended to enslave the Church by placing her at the

mercy of the civil power; and secondly, it implied on the part of the

Church a sanction of the principle which would serve to legalise such

enslavement. For many years, court lawyers had spoken but too plainly

concerning the supposed right of the crown to regulate external worship;

and so far had this right been extended in practice, that the Church

found herself almost, or even altogether, the slave of the civil power.

"I had good reason, therefore", says the Cardinal, "to entertain a

sovereign dread of that indefinite and elastic phrase 'regard being had

to' (_en se conformant_)". Besides, many things pointed to the

probability that in virtue of such a convention signed by the Holy See,

the police, or rather the government, would interfere in everything, and

submit everything to its own will and pleasure, without the Church being

able to object, her liberty being tied up by the expression in the

treaty. No doubt the Church frequently finds herself in such

circumstances, as lead her to tolerate _de facto_ violations of her

rights and laws, such toleration being recommended either by prudence,

or by charity, or by lack of power, or by other just motives. But she

never can authorize by a solemn engagement the principle from which such

violations spring.

Whilst fully decided never to accept at any risk an article so fraught

with mischief to the Church, Consalvi was too loyal and too honest to

deny the force of some of the arguments brought into the field by the

French commissioners. Hence he proposed various expedients by help of

which the dreaded dangers to the public peace might be turned away. One

of these expedients was a Papal Bull to the French clergy, commanding

them to abstain for some time from certain public ceremonies in places

where those hostile to Catholicism were numerous or intolerant; another

was, to insert an additional article limiting the duration of the

proposed exception, and determining the cases in which the police might

interfere: but all was in vain; the government obstinately clung to its

idea. The Cardinal tells us that he would have preferred to omit all

mention of the right to publicity of worship, and thus cut the knot it

was so troublesome to unravel; but his orders from Rome to include that

point were too decided, and he was not allowed to send a courier to

solicit fresh instructions from the Holy Father on the subject. He felt,

therefore, that, even at the cost of a rupture between the two

contending parties, he was bound by his most solemn and sacred duty to

refuse his sanction to the obnoxious proposition.

With these convictions Consalvi took his place at the meeting, on the

result of which hung the spiritual interests of so many millions of

souls. We shall not follow out in detail the shifting phases of the

negotiation, but we will come at once to its closing passage. The French

commissioners declared that the state had no wish to enslave the Church;

that the word _police_ did not mean the government, but simply that

department of the executive charged with the maintenance of public

order, which order was as much desired by the Church as by the state.

Now it was absolutely necessary to preserve public order, and no law

could stand in the way of such a result. _Salus populi suprema lex._ It

was impossible, they said, for public order to last throughout parts of

France, if unrestricted publicity were once permitted in religious

ceremonies; and as no other power save the government could judge where

such publicity might be safe and where dangerous, it should be left to

the discretion of the government to impose, for the sake of peace, such

restrictions as the general good required. The Cardinal admitted that

public tranquillity was by all means to be preserved, but he contended

that the article did not restrict, either in point of object or of time,

the power it assigned to the government; that such unrestricted power

was dangerous to the Church; and therefore some clause should be added

to determine more plainly the precise nature and bearing of the

authority to be given to the police to regulate public worship. At

length he urged a dilemma which completely vanquished the commissioners.

"I objected", says he, "thus: either the government is in good faith

when it declares the motive which forces it to subject religious worship

to police regulations to be the necessary maintenance of public

tranquillity, and in that case it cannot and ought not refuse to assert

so much in the article itself; or the government refuses to insert such

an explanation; and then it is not in good faith, and clearly reveals

that its object in imposing this restriction on religion is to enslave

the Church".

Caught between the horns of this dilemma, the commissioners could only

say that the explanation required was already contained in the word

_police_, police regulations being in their very nature regulations

directed to secure public order. "I replied", continues the Cardinal,

"that this was not true, at least in every language; but even supposing

it to be true", said I, "where is the harm in explaining it more

clearly, so as to remove any mistaken interpretation which may be

prejudicial to the liberty of the Church? If you are in good faith, you

can have no difficulty about this; if you have difficulty, it is a sign

you are not in good faith". Pressed more and more by the force of this

dilemma, and unable to extricate themselves, they asked me "what

advantage do you find in this repetition you propose?" (for they

continued to hold that the word _police_ expressed it sufficiently). "I

find in it a very signal advantage", replied I; "for by the very fact of

restricting in clear and express terms the obligation of making public

worship conform to the police regulation, we exclude restriction in

every other ease, for _inclusio unius est exclusio alterius_. Thus the

Church is not made the slave of the lay power, and no principle is

sacrificed by the Pope, who in that case sanctions only what cannot be

helped, for _necessitas non habet legem_".

This reasoning overcame the commissioners, who had no further answer to

make. It was resolved to add to the article an explanatory phrase, which

should narrow its meaning, and preclude the possibility of unfair

interpretations in after days. The amended article read as follows: "The

Roman Catholic Apostolic religion shall be freely exercised in France:

its worship shall be public, regard being had, however, to such police

arrangements _as the government shall judge necessary for the

preservation of the public peace_" (quas gubernium pro publica

tranquillitate necessarias existimabit). The Concordat was thus finally

agreed to by the commissioners of the two contracting parties; and

although Bonaparte had declared himself determined to allow no change to

be made, his representatives resolved to sign the document, modified as

it was. To this step they were strongly urged by Joseph Bonaparte, who,

with keen insight into his brother's character, declared, that if before

signing they should again consult Napoleon, he would refuse to accept

the amendment, whereas, if the Concordat were brought to him already

completed, he would be reluctant to undo what had been done. Joseph

charged himself with the task of endeavouring to secure the First

Consul's consent. On the stroke of midnight the six commissioners placed

their signatures to the important document. Not a word was said about

any other articles save those contained in the Concordat itself.

Another anxious night followed. In the morning Cardinal Consalvi learned

from Joseph Bonaparte that the First Consul had been at first extremely

indignant at the change which had been made, and had refused for a long

time to approve of it; but that at length, thanks to his brother's

entreaties and reasons, after protracted meditation and a long silence,

which later events sufficiently explained, he had accepted the

Concordat, and ordered that the Pope's minister should be at once

informed of his consent.

Universal joy followed the announcement of the signing of the Concordat.

The foreign ambassadors, and especially the Count de Cobenzel, came to

congratulate the Cardinal, and offer their thanks, as for a service

rendered to their respective countries. On the following day Bonaparte

received the six commissioners with marked courtesy. Ever true to his

duty, the Cardinal took care, on this occasion, to make Napoleon observe

that the Holy See had not uttered a single word about its temporal

concerns throughout the whole course of the negotiations. "His Holiness

has wished to prove to France, and to the world, that it is a calumny to

accuse the Holy See of being influenced by temporal motives". He also

announced his own speedy departure within a few days.

Next day he was suddenly summoned to an audience of the First Consul.

For some time he could not detect the object Napoleon had in view in

engaging him in conversation, but at length he was able to perceive that

it was the Consul's intention to appoint some of the constitutional

bishops to the new sees. With much difficulty the Cardinal convinced him

that the appointments of these men would never receive the sanction of

the Holy See, unless they made a formal declaration of having accepted

the Pontifical decision on the civil constitution of the clergy.

During the ensuing three or four days the Cardinal had no private

audience. On the eve of his departure from Paris he saw Napoleon at a

review at which he and the rest of the diplomatic body assisted

according to custom.

It was his intention to address, by way of leave taking, a few words to

the First Consul before they left the saloon; but when that personage

proceeded to make the round of the room, and began by conversing with

the members of the diplomatic body, at the head of which stood Consalvi,

he looked for a moment fixedly at this latter, and passed on without

taking the slightest notice of him, or sending a word of acknowledgment

to the Holy Father. It was probably his intention to show by this public

slight how little he cared for a Cardinal and for the Holy See, now that

he had obtained all he required from them, and to make this insult the

more remarkable, he delayed for a considerable time to converse on

indifferent topics with the Count de Cobenzel, who came next after

Cardinal Consalvi, and then with the other ambassadors in turn. The

Cardinal retired without awaiting his return from the review. When he

had just finished his preparations for his departure, which had been

fixed for that evening, the Abbe Bernier made his appearance at the

hotel to announce that it was the will of the First Consul that between

them they should come to some understanding about the Bull which,

according to custom, was to accompany the treaty. It was in vain to

refuse, and this new labour imposed on the Cardinal another sitting of

eight hours. He rose from the table to enter his carriage, and after

travelling day and night he reached the Eternal City on the 6th August,

more dead than alive, overcome by fatigue, and with his legs so swollen

that they were unable to support him. The Pope received him with

indescribable tenderness, and expressed his perfect satisfaction with

all that had been done. A special consistory of all the Cardinals in

Rome approved of the Concordat, which was solemnly ratified thirty-five

days after it had been signed at Paris.

Thus was completed the great act which has been fruitful of so many

blessings to Europe, and for which, under God, the Church is indebted to

the wisdom of Pius VII. and the firmness of Cardinal Consalvi.

It was long before the Concordat was published at Paris, and when at

length it did appear, what was the pain of the Holy Father to find,

together with the treaty and under the same date, a compilation of the

so-called _organic laws_ which were put forth as forming part of the

Concordat, and included in the approbation of the Holy See! Of the

organic laws it is enough to say, that they almost entirely overthrew

the new edifice which Cardinal Consalvi had found so difficult to erect.

In spite of the solemn protestations of the Popes these laws still

remain, but they remain as a standing proof of the dishonesty which

Cardinal Consalvi has shown to have marked the entire conduct of

Napoleon Bonaparte in the negotiations for the Concordat.

The Irish Ecclesiastical Record, Volume 1, February, 1865 · 第 3 / 32 题