Meantime the bishops of several nations selected those among their

countrymen whom they recommended as candidates. The Germans and

Hungarians, above forty in number, assembled for this purpose under the

presidency of Cardinal Schwarzenberg; and their meetings were continued,

and became more and more important, as those who did not sympathise with

the opposition dropped away. The French were divided into two groups,

and met partly at Cardinal Mathieu's, partly at Cardinal Bonnechose's. A

fusion was proposed, but was resisted, in the Roman interest, by

Bonnechose. He consulted Cardinal Antonelli, and reported that the Pope

disliked large meetings of bishops. Moreover, if all the French had met

in one place, the opposition would have had the majority, and would have

determined the choice of the candidates. They voted separately; and the

Bonnechose list was represented to foreign bishops as the united choice

of the French episcopate. The Mathieu group believed that this had been

done fraudulently, and resolved to make their complaint to the Pope; but

Cardinal Mathieu, seeing that a storm was rising, and that he would be

called on to be the spokesman of his friends, hurried away to spend

Christmas at Besancon. All the votes of his group were thrown away. Even

the bishop of Grenoble, who had obtained twenty-nine votes at one

meeting, and thirteen at the other, was excluded from the Commission. It

was constituted as the managers of the election desired, and the first

trial of strength appeared to have annihilated the opposition. The force

under entire control of the court could be estimated from the number of

votes cast blindly for candidates not put forward by their own

countrymen, and unknown to others, who had therefore no recommendation

but that of the official list. According to this test Rome could dispose

of 550 votes.

The moment of this triumph was chosen for the production of an act

already two months old, by which many ancient censures were revoked, and

many were renewed. The legislation of the Middle Ages and of the

sixteenth century appointed nearly two hundred cases by which

excommunication was incurred _ipso facto_, without inquiry or sentence.

They had generally fallen into oblivion, or were remembered as instances

of former extravagance; but they had not been abrogated, and, as they

were in part defensible, they were a trouble to timorous consciences.

There was reason to expect that this question, which had often occupied

the attention of the bishops, would be brought before the Council; and

the demand for a reform could not have been withstood. The difficulty

was anticipated by sweeping away as many censures as it was thought safe

to abandon, and deciding, independently of the bishops, what must be

retained. The Pope reserved to himself alone the faculty of absolving

from the sin of harbouring or defending the members of any sect, of

causing priests to be tried by secular courts, of violating asylum or

alienating the real property of the Church. The prohibition of anonymous

writing was restricted to works on theology, and the excommunication

hitherto incurred by reading books which are on the Index was confined

to readers of heretical books. This Constitution had no other immediate

effect than to indicate the prevailing spirit, and to increase the

difficulties of the partisans of Rome. The organ of the Archbishop of

Cologne justified the last provision by saying, that it does not forbid

the works of Jews, for Jews are not heretics; nor the heretical tracts

and newspapers, for they are not books; nor listening to heretical books

read aloud, for hearing is not reading.

At the same time, the serious work of the Council was begun. A long

dogmatic decree was distributed, in which the special theological,

biblical, and philosophical opinions of the school now dominant in Rome

were proposed for ratification. It was so weak a composition that it was

as severely criticised by the Romans as by the foreigners; and there

were Germans whose attention was first called to its defects by an

Italian cardinal. The disgust with which the text of the first decree

was received had not been foreseen. No real discussion had been

expected. The Council hall, admirable for occasions of ceremony, was

extremely ill adapted for speaking, and nothing would induce the Pope to

give it up. A public session was fixed for the 6th of January, and the

election of Commissions was to last till Christmas. It was evident that

nothing would be ready for the session, unless the decree was accepted

without debate, or infallibility adopted by acclamation.

Before the Council had been assembled a fortnight, a store of discontent

had accumulated which it would have been easy to avoid. Every act of the

Pope, the Bull _Multiplices_, the declaration of censures, the text of

the proposed decree, even the announcement that the Council should be

dissolved in case of his death, had seemed an injury or an insult to the

episcopate. These measures undid the favourable effect of the caution

with which the bishops had been received. They did what the dislike of

infallibility alone would not have done. They broke the spell of

veneration for Pius IX. which fascinated the Catholic Episcopate. The

jealousy with which he guarded his prerogative in the appointment of

officers, and of the great Commission, the pressure during the

elections, the prohibition of national meetings, the refusal to hold the

debates in a hall where they could be heard, irritated and alarmed many

bishops. They suspected that they had been summoned for the very purpose

they had indignantly denied, to make the papacy more absolute by

abdicating in favour of the official prelature of Rome. Confidence gave

way to a great despondency, and a state of feeling was aroused which

prepared the way for actual opposition when the time should come.

Before Christmas the Germans and the French were grouped nearly as they

remained to the end. After the flight of Cardinal Mathieu, and the

refusal of Cardinal Bonnechose to coalesce, the friends of the latter

gravitated towards the Roman centre, and the friends of the former held

their meetings at the house of the Archbishop of Paris. They became,

with the Austro-German meeting under Cardinal Schwarzenberg, the

strength and substance of the party that opposed the new dogma; but

there was little intercourse between the two, and their exclusive

nationality made them useless as a nucleus for the few scattered

American, English, and Italian bishops whose sympathies were with them.

To meet this object, and to centralise the deliberations, about a dozen

of the leading men constituted an international meeting, which included

the best talents, but also the most discordant views. They were too

little united to act with vigour, and too few to exercise control. Some

months later they increased their numbers. They were the brain but not

the will of the opposition. Cardinal Rauscher presided. Rome honoured

him as the author of the Austrian Concordat; but he feared that

infallibility would bring destruction on his work, and he was the most

constant, the most copious, and the most emphatic of its opponents.

When the debate opened, on the 28th of December, the idea of proclaiming

the dogma by acclamation had not been abandoned. The Archbishop of Paris

exacted a promise that it should not be attempted. But he was warned

that the promise held good for the first day only, and that there was no

engagement for the future. Then he made it known that one hundred

bishops were ready, if a surprise was attempted, to depart from Rome,

and to carry away the Council, as he said, in the soles of their shoes.

The plan of carrying the measure by a sudden resolution was given up,

and it was determined to introduce it with a demonstration of

overwhelming effect. The debate on the dogmatic decree was begun by

Cardinal Rauscher. The Archbishop of St. Louis spoke on the same day so

briefly as not to reveal the force and the fire within him. The

Archbishop of Halifax concluded a long speech by saying that the

proposal laid before the Council was only fit to be put decorously under

ground. Much praise was lavished on the bishops who had courage,

knowledge, and Latin enough to address the assembled Fathers; and the

Council rose instantly in dignity and in esteem when it was seen that

there was to be real discussion. On the 30th, Rome was excited by the

success of two speakers. One was the Bishop of Grenoble, the other was

Strossmayer, the bishop from the Turkish frontier, who had again

assailed the regulation, and had again been stopped by the presiding

Cardinal. The fame of his spirit and eloquence began to spread over the

city and over the world. The ideas that animated these men in their

attack on the proposed measure were most clearly shown a few days later

in the speech of a Swiss prelate. "What boots it," he exclaimed, "to

condemn errors that have been long condemned, and tempt no Catholic? The

false beliefs of mankind are beyond the reach of your decrees. The best

defence of Catholicism is religious science. Give to the pursuit of

sound learning every encouragement and the widest field; and prove by

deeds as well as words that the progress of nations in liberty and light

is the mission of the Church."[387]

The tempest of criticism was weakly met; and the opponents established

at once a superiority in debate. At the end of the first month nothing

had been done; and the Session imprudently fixed for the 6th of January

had to be filled up with tedious ceremonies. Everybody saw that there

had been a great miscalculation. The Council was slipping out of the

grasp of the Court, and the regulation was a manifest hindrance to the

despatch of business. New resources were required.

A new president was appointed. Cardinal Reisach had died at the end of

December without having been able to take his seat, and Cardinal De Luca

had presided in his stead. De Angelis was now put into the place made

vacant by the death of Reisach. He had suffered imprisonment at Turin,

and the glory of his confessorship was enhanced by his services in the

election of the Commissions. He was not suited otherwise to be the

moderator of a great assembly; and the effect of his elevation was to

dethrone the accomplished and astute De Luca, who had been found

deficient in thoroughness, and to throw the management of the Council

into the hands of the junior Presidents, Capalti and Bilio. Bilio was a

Barnabite monk, innocent of court intrigues, a friend of the most

enlightened scholars in Rome, and a favourite of the Pope. Cardinal

Capalti had been distinguished as a canonist. Like Cardinal Bilio, he

was not reckoned among men of the extreme party; and they were not

always in harmony with their colleagues, De Angelis and Bizarri. But

they did not waver when the policy they had to execute was not their

own.

The first decree was withdrawn, and referred to the Commission on

Doctrine. Another, on the duties of the episcopate, was substituted; and

that again was followed by others, of which the most important was on

the Catechism. While they were being discussed, a petition was prepared,

demanding that the infallibility of the Pope should be made the object

of a decree. The majority undertook to put a strain on the prudence or

the reluctance of the Vatican. Their zeal in the cause was warmer than

that of the official advisers. Among those who had the responsibility of

conducting the spiritual and temporal government of the Pope, the belief

was strong that his infallibility did not need defining, and that the

definition could not be obtained without needless obstruction to other

papal interests. Several Cardinals were inopportunists at first, and

afterwards promoted intermediate and conciliatory proposals. But the

business of the Council was not left to the ordinary advisers of the

Pope, and they were visibly compelled and driven by those who

represented the majority. At times this pressure was no doubt

convenient. But there were also times when there was no collusion, and

the majority really led the authorities. The initiative was not taken by

the great mass whose zeal was stimulated by personal allegiance to the

Pope. They added to the momentum, but the impulse came from men who were

as independent as the chiefs of the opposition. The great Petition,

supported by others pointing to the same end, was kept back for several

weeks, and was presented at the end of January.

At that time the opposition had attained its full strength, and

presented a counter-petition, praying that the question might not be

introduced. It was written by Cardinal Rauscher, and was signed, with

variations, by 137 bishops. To obtain that number the address avoided

the doctrine itself, and spoke only of the difficulty and danger in

defining it; so that this, their most imposing act, was a confession of

inherent weakness, and a signal to the majority that they might force on

the dogmatic discussion. The bishops stood on the negative. They showed

no sense of their mission to renovate Catholicism; and it seemed that

they would compound for the concession they wanted, by yielding in all

other matters, even those which would be a practical substitute for

infallibility. That this was not to be, that the forces needed for a

great revival were really present, was made manifest by the speech of

Strossmayer on the 24th of January, when he demanded the reformation of

the Court of Rome, decentralisation in the government of the Church, and

decennial Councils. That earnest spirit did not animate the bulk of the

party. They were content to leave things as they were, to gain nothing

if they lost nothing, to renounce all premature striving for reform if

they could succeed in avoiding a doctrine which they were as unwilling

to discuss as to define. The words of Ginoulhiac to Strossmayer, "You

terrify me with your pitiless logic," expressed the inmost feelings of

many who gloried in the grace and the splendour of his eloquence. No

words were too strong for them if they prevented the necessity of

action, and spared the bishops the distressing prospect of being brought

to bay, and having to resist openly the wishes and the claims of Rome.

Infallibility never ceased to overshadow every step of the Council,[388]

but it had already given birth to a deeper question. The Church had less

to fear from the violence of the majority than from the inertness of

their opponents. No proclamation of false doctrines could be so great a

disaster as the weakness of faith which would prove that the power of

recovery, the vital force of Catholicism, was extinct in the episcopate.

It was better to be overcome after openly attesting their belief than to

strangle both discussion and definition, and to disperse without having

uttered a single word that could reinstate the authorities of the Church

in the respect of men. The future depended less on the outward struggle

between two parties than on the process by which the stronger spirit

within the minority leavened the mass. The opposition was as averse to

the actual dogmatic discussion among themselves as in the Council. They

feared an inquiry which would divide them. At first the bishops who

understood and resolutely contemplated their real mission in the Council

were exceedingly few. Their influence was strengthened by the force of

events, by the incessant pressure of the majority, and by the action of

literary opinion.

Early in December the Archbishop of Mechlin brought out a reply to the

letter of the Bishop of Orleans, who immediately prepared a rejoinder,

but could not obtain permission to print it in Rome. It appeared two

months later at Naples. Whilst the minority were under the shock of this

prohibition, Gratry published at Paris the first of four letters to the

Archbishop of Mechlin, in which the case of Honorius was discussed with

so much perspicuity and effect that the profane public was interested,

and the pamphlets were read with avidity in Rome. They contained no new

research, but they went deep into the causes which divided Catholics.

Gratry showed that the Roman theory is still propped by fables which

were innocent once, but have become deliberate untruths since the excuse

of mediaeval ignorance was dispelled; and he declared that this school of

lies was the cause of the weakness of the Church, and called on

Catholics to look the scandal in the face, and cast out the religious

forgers. His letters did much to clear the ground and to correct the

confusion of ideas among the French. The bishop of St. Brieuc wrote that

the exposure was an excellent service to religion, for the evil had gone

so far that silence would be complicity.[389] Gratry was no sooner

approved by one bishop than he was condemned by a great number of

others. He had brought home to his countrymen the question whether they

could be accomplices of a dishonest system, or would fairly attempt to

root it out.

While Gratry's letters were disturbing the French, Doellinger published

some observations on the petition for infallibility, directing his

attack clearly against the doctrine itself. During the excitement that

ensued, he answered demonstrations of sympathy by saying that he had

only defended the faith which was professed, substantially, by the

majority of the episcopate in Germany. These words dropped like an acid

on the German bishops. They were writhing to escape the dire necessity

of a conflict with the Pope; and it was very painful to them to be

called as compurgators by a man who was esteemed the foremost opponent

of the Roman system, whose hand was suspected in everything that had

been done against it, and who had written many things on the sovereign

obligations of truth and faith which seemed an unmerciful satire on the

tactics to which they clung. The notion that the bishops were opposing

the dogma itself was founded on their address against the regulation;

but the petition against the definition of infallibility was so worded

as to avoid that inference, and had accordingly obtained nearly twice as

many German and Hungarian signatures as the other. The Bishop of Mentz

vehemently repudiated the supposition for himself, and invited his

colleagues to do the same. Some followed his example, others refused;

and it became apparent that the German opposition was divided, and

included men who accepted the doctrines of Rome. The precarious alliance

between incompatible elements was prevented from breaking up by the next

act of the Papal Government.

The defects in the mode of carrying on the business of the Council were

admitted on both sides. Two months had been lost; and the demand for a

radical change was publicly made in behalf of the minority by a letter

communicated to the _Moniteur_. On the 22nd of February a new

regulation was introduced, with the avowed purpose of quickening

progress. It gave the Presidents power to cut short any speech, and

provided that debate might be cut short at any moment when the majority

pleased. It also declared that the decrees should be carried by

majority--_id decernetur quod majori Patrum numero placuerit_. The

policy of leaving the decisive power in the hands of the Council itself

had this advantage, that its exercise would not raise the question of

liberty and coercion in the same way as the interference of authority.

By the Bull _Multiplices_, no bishop could introduce any matter not

approved by the Pope. By the new regulation he could not speak on any

question before the Council, if the majority chose to close the

discussion, or if the Presidents chose to abridge his speech. He could

print nothing in Rome, and what was printed elsewhere was liable to be

treated as contraband. His written observations on any measure were

submitted to the Commission, without any security that they would be

made known to the other bishops in their integrity. There was no longer

an obstacle to the immediate definition of papal infallibility. The

majority was omnipotent.

The minority could not accept this regulation without admitting that the

Pope is infallible. Their thesis was, that his decrees are not free from

the risk of error unless they express the universal belief of the

episcopate. The idea that particular virtue attaches to a certain number

of bishops, or that infallibility depends on a few votes more or less,

was defended by nobody. If the act of a majority of bishops in the

Council, possibly not representing a majority in the Church, is

infallible, it derives its infallibility from the Pope. Nobody held that

the Pope was bound to proclaim a dogma carried by a majority. The

minority contested the principle of the new Regulation, and declared

that a dogmatic decree required virtual unanimity. The chief protest was

drawn up by a French bishop. Some of the Hungarians added a paragraph

asserting that the authority and oecumenicity of the Council depended

on the settlement of this question; and they proposed to add that they

could not continue to act as though it were legitimate unless this point

was given up. The author of the address declined this passage, urging

that the time for actual menace was not yet come. From that day the

minority agreed in rejecting as invalid any doctrine which should not be

passed by unanimous consent. On this point the difference between the

thorough and the simulated opposition was effaced, for Ginoulhiac and

Ketteler were as positive as Kenrick or Hefele. But it was a point which

Rome could not surrender without giving up its whole position. To wait

for unanimity was to wait for ever, and to admit that a minority could

prevent or nullify the dogmatic action of the papacy was to renounce

infallibility. No alternative remained to the opposing bishops but to

break up the Council. The most eminent among them accepted this

conclusion, and stated it in a paper declaring that the absolute and

indisputable law of the Church had been violated by the Regulation

allowing articles of faith to be decreed on which the episcopate was not

morally unanimous; and that the Council, no longer possessing in the

eyes of the bishops and of the world the indispensable condition of

liberty and legality, would be inevitably rejected. To avert a public

scandal, and to save the honour of the Holy See, it was proposed that

some unopposed decrees should be proclaimed in solemn session, and the

Council immediately prorogued.

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