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.

It is impossible to adduce the words of the holy Doctor--they would

fill the volume. Should any reader wish to consult them himself, let

him read, in addition to the passages inserted in this work, the whole

treatise, _De Regimine Principum_, the commentaries on the Epistle

to the Romans, and those passages of the _Summa_ in which the holy

Doctor treats of the soul, of the creation of man, of the state of

innocence, of the angels and of their hierarchy, of original sin and

its effects, and, above all, his valuable Treatise on Laws and that on

Justice, in which he discusses the origin of the right of property and

of inflicting punishments. After that he will be convinced of the truth

of what I have just advanced; he will then see the injustice of M. de

Lamennais in attempting to make the illustrious writers and saints

venerated on our altars the accomplices of his apostacy. In grave and

delicate matters confusion produces error, the enemies of truth are

interested in spreading darkness, in establishing general and vague

propositions susceptible of various interpretations. They seek with

anxiety a text favorable to some one of the numerous interpretations

that are possible, and proudly exclaim, "How unjust it is in you to

condemn us; what we maintain was asserted centuries ago, by the most

respected and celebrated writers." The Abbé de Lamennais must have

reckoned in a singular manner upon the credulity of his readers, to

think of making them believe that there was no honest man to be found

at Rome capable of informing the Pope, that in condemning the doctrines

of the apostle of revolution, he was condemning also those of the angel

of the schools, and other distinguished theologians. It is possible

that M. de Lamennais never read the authors except in haste and in

fragments, but many persons at Rome have spent their lives in studying

them.

We are not ignorant of the violent declamations of Luther, Zwinglius,

Knox, Jurieu, and other leaders of Protestantism, to stir up the

people to revolt against princes; we are not ignorant of the gross

and violent invectives made use of by these sectaries to excite the

multitude. Catholics look upon such extravagances with horror. In like

manner, they look with dread upon the anarchical doctrine of Rousseau,

establishing that "the clauses of the _social contract_ are so

determined by the very nature of the act, that the _least modification_

of them would render them _vain and null_; so that every one then

resumes his former rights and regains his natural liberty". (_Contrat

Social_, l. i. c. 6.) The doctrine of the theologians above cited does

not contain this fruitful germ of insurrection and disaster; but, on

the other hand, they are not found timid and pusillanimous in the last

extremities. They preach up resignation, patience, and longanimity; but

there is a point at which they stop and exclaim, _Enough_. If they do

not advocate insurrection, they do not prohibit it; it would be in vain

to require them to teach as a dogmatical truth the obligation of not

resisting in extreme cases. They cannot teach the people to consider

as a dogma what they do not acknowledge as such. It is not their fault

if the tempest bursts, if the roaring waves arise; no other hand can

control them than that of God, who rides upon the north wind and sports

with the tempest.

For many centuries there has been inculcated in Europe a doctrine much

criticised by those who do not understand it, the intervention of the

Pontifical authority between the people and their sovereigns. This

doctrine was nothing less than Heaven descending as an arbiter and

judge, to put an end to the disputes of the earth.

The temporal power of the Popes has served as a wonderful theme to

the enemies of the Church to create alarm, and declaim against Rome;

but this power is no less an historical fact and a social phenomenon,

which has filled with admiration the most renowned men of modern

times, including some Protestants. The Scriptures make it a duty

for slaves to obey their masters, even when they are oppressive and

unjust. All that can be inferred from this is, that a prince, by the

simple fact of his being wicked, does not lose his authority over his

subjects, which condemns beforehand the errors of those who make the

right of commanding dependent upon the sanctity of its possessor. Such

a principle is anarchical, and incompatible with the existence of

every society. When it is once established, power remains unsafe and

tottering; every disturber declares all those divested of authority

whom he may deem culpable. But our question is of a different nature,

and the opinion of theologians cited by us has nothing to do with this

error. These theologians also on their part advocate obedience to

rulers, even though they be oppressive and unjust; they also condemn

insurrection, when founded on no other pretext than the vices of

persons exercising supreme power; they do not admit that any abuse of

power justifies resistance; but they do not consider that they impugn

the sacred text by admitting that in extreme cases it is allowable to

place a barrier against the excesses of a tyrant. "If governments do

not lose their power by the simple fact of their being wicked, how,"

it will be said, "can we conceive resistance to them lawful?" This is

certainly not allowable, so long as they do not outstep the bounds of

their faculties; but when they do so, their commands, as St. Thomas

says, are rather acts of violence than laws. "No one has the right of

judging the supreme power." This is true; but above this power exist

the principles of reason, morality, religion. Power, although supreme,

is bound to the execution of its promises, to keep its oaths. Society

is not formed upon the model of Rousseau's ideal _contract_; but there

exist, in certain cases, real pacts between the rulers and the people,

to which both are bound to adhere.

In the celebrated _Catholic Proclamation to his pious Majesty Philip

the Great, King of Spain and Emperor of the Indies by the Counsellors

and the Council of One Hundred of the city of Barcelona_, in 1640, an

epoch so profoundly religious that the Counsellors quote, as a high

title of glory, _the zeal of the Catalonians for the Catholic faith,

the devotion of the Catalonians to our lady the Blessed Virgin and the

most holy Sacrament_;--at that time, which pride and ignorance have

so often taxed with fanaticism, these counsellors said to the king,

"Besides civil obligation, the customs, constitutions, and acts of the

court of Catalonia are binding on conscience, and to violate them would

be a mortal sin; for the prince has no right to annul a contract; it

is made freely, but cannot be revoked without injustice. If a contract

is not subject to the civil law, it is subject to the law of reason;

and although the prince may be the master of the laws, the contracts he

makes with his vassals are inviolable, for in making them he is a mere

individual, and the vassal acquires a right equal to his. A contract,

in fine, should be made between equals. Hence, as the vassal cannot be

unfaithful to his lord, the latter, in like manner, is bound to keep

the promise he has made by solemn engagement; and indeed, the rupture

of a pact ought least of all to be expected on the part of a prince.

If the word of a king is law, that word given in a solemn contract is

still more binding." (_Catholic Proclamation_, sect. 27.) The courtiers

urged the monarch to measures of coercion to reduce the Catalonians to

submission; the Castilian army was preparing to enter the principality.

In this extremity, after exhausting all means of representation and

entreaty, the counsellors thus expressed themselves: "Finally, men who

have vowed an inveterate hatred against the Catalonians have been so

successful in their continual persuasions, that the uprightness and

equity of your majesty have been turned from the means of peace and

tranquillity proposed by us, and which should have been admitted, were

it only on the grounds of experience; and to fill up the cup of their

malice, they now lay your majesty under an obligation of oppressing

the principality still further, by sending an army to sack and pillage

wherever the caprice of the soldier may lead him; which would place

this country in a position to say (were it not for the love it has

borne, still bears, and ever will bear to your majesty) that such

a breach of sworn faith would leave it free, a thing of which the

province is unwilling to think, and prays God to avert. Nevertheless,

the principality knows from experience that these soldiers have neither

respect nor pity for any thing or person, married women and innocent

virgins, temples, or God Himself, images of the Saints or the sacred

vessels of our churches, nay, even the blessed Sacrament has twice this

year been committed to the flames by these soldiers. _The principality

is, therefore, everywhere in arms to defend, in such an urgent and

irremediable extremity, fortune, life, honor, liberty, home, laws, and

above all the sacred temples, the sacred images, and the holy Sacrament

of the altar (be the same for ever praised). In such a case, the holy

theologians do not merely affirm that resistance is lawful, but still

further, that all persons, whether lay or clerical, may take up arms to

avert the evil; that both secular and ecclesiastical property may and

ought to contribute to the defence; that the nations invaded may, as

the cause is universal, unite, confederate, and form juntas with a view

to prevent such evils._" (§36)

Such was the language addressed to kings, at a time when religion

predominated over all things. The counsellors, according to the usage

of the time, took care to make marginal notes of the sources of their

information; and we are not aware that their doctrines have ever been

condemned as heretical. These doctrines cannot, without manifest

dishonesty, be confounded with those of many Protestants and modern

revolutionists. A cursory perusal of these writings will enable any

one to discover how widely they differ. By maintaining that it is

not allowable in any case, in the greatest extremities, not even

when the most precious and sacred interests are at stake, to offer

resistance to the civil power, the thrones of kings are thought to be

strengthened; for it is generally kings that are spoken of. But it

should be remembered, that this doctrine affects every other supreme

power, under every form of government. Since the texts of Scripture

recommending obedience "to the powers that be," do not allude to kings

only, but to all supreme powers, without exception or distinction, it

follows that resistance cannot in any case be offered to the president

of a republic. Will it be said that the faculties of a president are

determined? Are not the faculties of a king also determined? Are

there not, in absolute governments, laws fixing the limits of these

faculties? And is not this the distinction constantly employed by

the supporters of monarchy to repel the errors of their adversaries,

who confound monarchy with despotism? "But," it will be said, "the

president of a republic is only temporary." And what if he were

perpetual? Besides, the faculties are neither increased nor diminished

by the simple fact of their having to last a long or short period. If a

council, a man, a family, is invested with a certain right, by virtue

of a certain law; with certain restrictions, but with certain contracts

and oaths; such a council, such a man or such a family is bound to

adhere to the oath taken, whatever be the extent of its duration,

temporary or perpetual. Such are the principles of natural right; so

certain and simple, that they cannot present any difficulty.

Theologians, even those most attached to the Sovereign Pontiff, teach a

doctrine which we must notice here, on account of the analogy it bears

to the point under discussion. It is known that the Pope, when speaking

_ex cathedra_, is acknowledged to be infallible, but not as a simple

individual; and that, in this latter capacity, he might fall into

heresy. In this case, theologians are of opinion that he would forfeit

his dignity; some maintaining that he ought to be deposed, others that

his deposition is the consequence of his having fallen from the faith.

Whichever of these opinions be admitted, in this case resistance would

become allowable, for this reason, that the Pope would have shamefully

departed from the object of his institution, would have trampled on

the basis of the laws of the Church, which is her dogmas, and would

consequently have nullified the promises and oaths of obedience made to

him. Spedalieri, in adducing this argument, observes, that kings are

certainly not of higher rank than Popes,--that power has been granted

to both _in ædificationem non in destructionem_; adding, that if

Sovereign Pontiffs authorize this doctrine with relation to themselves,

temporal sovereigns cannot object to its application to them.

It is strange that the monarchical zeal of Protestants and incredulous

philosophers imputes to the Catholic religion as a crime, that she has

allowed it to be maintained within her bosom, that, in certain cases,

the subject may be released from his oath of allegiance; whilst other

philosophers of the same school reproach it with having sanctioned

despotism by its _detestable doctrine of non-resistance_, as Dr. Beatty

expresses it. _The direct, indirect, and declaratory powers of the

Popes_ have served as an admirable bugbear to intimidate kings; the

dangerous principles of theological works formed an excellent pretext

for raising the cry of alarm, for representing Catholicity as a nest of

seditious maxims. The hour of revolutions was struck,--circumstances

were changed,--fresh necessities arose, and men adapted their language

to the times. The Catholics, a short time before seditious and

regicidal, were then declared abettors of despotism, fulsome adulators

of civil power. Recently, the Jesuits, leagued with the infernal

policy of Rome, were everywhere undermining thrones, to establish on

their ruins the universal monarchy of the Pope; but the secret of this

horrid plot was discovered, and fortunately so, for the world was

otherwise about to experience a frightful catastrophe. But now that

the Jesuits are expelled, and are expiating their crimes in exile, the

French Revolution, the prelude to so many others, breaks out, and the

aspect of affairs changes immediately. Protestants and unbelievers, the

_supporters of ancient discipline_, _the zealous adversaries of the

abuses of the Court of Rome_, fully comprehending the new situation

of affairs, hasten to conform to it. From that moment, the Jesuits,

the Catholics, the Pope, are no longer seditious or tyrannicides, but

Machiavellian supporters of tyranny, enemies of the liberty of the

people; and just as a league had been supposed to exist between the

Jesuits and the Pope for the foundation of a universal theocracy,

there is now discovered, thanks to the investigations of these eminent

philosophers and _strict, incorruptible Christians_, _an infamous

pact between the Pope and kings_ to oppress, enslave, and degrade the

unfortunate human race.

The answer to this enigma may be thus briefly expressed. So long as

kings maintain their power and the peaceable possession of their

thrones, so long as Providence restrains the tempest, and the monarch,

raising his proud head towards heaven, commands the people with a lofty

air, the Catholic Church does not flatter him. "Thou art dust," she

says to him, "and into dust thou shalt return; power was given thee

not unto destruction, but unto edification; thy faculties are great,

but not boundless. God is thy judge, as well as that of the lowest of

thy subjects." The Church is then accused of insolence; and if any

theologian should venture to investigate the origin of civil power,

to point out, with generous freedom, the duties to which this power

is subject; to write, in a word, with prudence upon public right, but

without servility, the Catholics are then declared seditious. But the

tempest bursts, thrones are overturned, revolution prevails, spills the

blood of the people in torrents, cuts off royal heads, and all in the

name of liberty. The Church says: "This is no liberty, but a succession

of crimes; the fraternity and equality which I have taught, were never

your orgies and guillotines." The Church then becomes a vile flatterer;

her words, her actions, have indubitably revealed that the Sovereign

Pontiff is the surest anchor of despotism; it has been proved that the

Court of Rome has been polluted by an infamous pact.[33]

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