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CHAPTER X.

AUSTRIA. Concordat with the Papal See.

SWEDEN AND NORWAY.-Treaty between these countries and the Western Powers.

UNITED STATES.--Question of Enlistment of Citizens of the States for the military service of Great Britain-Correspondence on the subject -Letters of Attorney-General Cushing-Difficulty in choosing a Speaker for the House of Representatives-President's MESSAGE. TOPICS.-Foreign Relations: Central America-Recruitment-Sound Dues-Central America-Treasury-Army-Navy-Interior-Constitutional Theory of the Government-Constitutional Relations of Slavery-Debate in the Senate on the Bulwer-Clayton Treaty relative to Central America.

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VERY important measure became law in the course of this year in the Austrian dominions. A Concordat between Rome and Austria was signed on the 18th of August, at Vienna, whereby the proud monarchy of the House of Hapsburg surrendered to the Roman See greater rights and privileges than had ever been extorted in the palmiest days of Papal power from any German sovereign. It is a marvellous proof of the encroaching spirit of the Church of Rome, and of the slavish subjection in which it binds kings and people, when they have not the spirit to resist its arrogant pretensions. The following are the chief provisions of this most momentous document :

In the patent, Francis Joseph the First, " by the grace of God Emperor of Austria, King of Hungary and Bohemia, King of Lombardy and Venice, of Dalmatia, Croatia, Slavonia, Galicia, Lodomeria, and Illyria, and King of

Jerusalem," &c., declares that his object in ascending the throne was to renew and strengthen the moral foundations of social order; hence the relations of Church and State are brought into accordance with the laws of God, and the present Concordat is the result. The stipulations contained in it are to have legal force throughout the empire from the moment of the publication of this patent. There are two exceptions: (1) where the superintendence of Crown lands. is not in accord with the 8th article of the Concordat, existing regulations will remain in force, until the Emperor shall have fulfilled his intention of making the superintendence harmonise with the new stipulations; (2) existing laws relative to the matrimonial union of Catholic subjects will remain in force until the necessary changes shall have been made in the existing laws, and the episcopal matrimonial courts shall have been introduced into provinces

where they have not hitherto acted.

The Concordat consists of thirty-six articles, embodying the following provisions. The Roman Catholic religion shall ever be maintained, in all its rights and privileges, throughout the Austrian Empire and its dependencies. The Roman Pope to have direct communication with the bishops, clergy, and people. This communication therefore in future not to depend on the ruler of the country, but to be completely free. Archbishops and bishops to have free communication with the clergy and inhabitants, and the right to do everything belonging to the government of their sees which accords with canonical law. That is to appoint priests, vicars, and counsellors; to ordain, or refuse to ordain, persons desiring to enter the church; to establish smaller livings; found, unite, or divide rectories; order public prayers and pilgrimages, and arrange burials; convoke and hold provincial councils and episcopal synods, and publish the resolutions therein agreed

to.

The whole course of instruction of the Catholic youth, both in public and private schools, is to accord with the Catholic religion; they will be superintended by the bishops, who will see that no objects of study are introduced incompatible with the Catholic faith. No one is to teach theology without episcopal permission; and theological professors, not directly appointed by the bishop, only to be chosen from candidates selected by him. In the gymnasia or middle-class schools for Catholic youth, only Catholic professors or teachers can be appointed. The bishops are to settle the religious books used in

the schools. Public schools are to be under clerical superintendence, but the chief inspector to be appointed by the Emperor, from among the individuals chosen by the bishops.

The archbishops and bishops. are freely to point out as dangerous the books which are injurious to religion and morality, and turn true believers from reading them; the Government will take proper measures for keeping such books from being spread over the empire.

As all clerical processes, and particularly those which have reference to faith, the sacraments, clerical duties, and obligations and rights connected with the priesthood, belong exclusively to the clerical courts, in such cases the spiritual judge will give sentence. The latter has also in questions of marriage to decide according to the canonical laws, and particularly according to the ordinances of Trent, and only to refer the civil consequences arising from marriage to the temporal judge. They will decide whether betrothments exist, and how far they can be made impediments to marriage.

Bishops can punish the clergy who do not wear clothing in keeping with their dignity and calling; and shall not be impeded in the infliction of ecclesiastical punishments on all believers who offend against the ordinances and laws of the Church. The spiritual courts will decide as to right of patronage, but the civil courts will decide on the succession to the right of patronage.

In consideration of the times, the Papal Chair consents that the purely temporal affairs of the clergy-such as right of property, debts, and inheritances-shall be examined into and decided on in

temporal courts. For the same reason, priests guilty of criminal offences are to be tried in the temporal courts, the bishop being duly notified of the fact; but convicted priests are to be separated from civil delinquents, and imprisoned in a monastery or other ecclesiastical building.

The Emperor is not to suffer the Catholic Church and its faith, its liturgy, and its institutions, to be contemned by word, deed, or writing, or its dignitaries or ministers impeded in the practice of their duties, particularly when it is the question of the maintenance of the faith, of the laws of morality, or of the discipline of the Church. He must not allow anything to be done that will make the servants of the sanctuary contemptible; and all authorities must be instructed to exhibit the reverence and respect which are due not only to archbishops and bishops but to the priesthood.

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The Papal Chair may found new, or change the boundaries of, existing sees, but in such cases it will communicate with the Imperial Government. In the choice of bishops, the Emperor will continue to take the advice of bishops. All metropolitans and bishops will take this oath of fidelityI swear and promise on God's holy Gospel, as it beseems a bishop, obedience and fidelity to your Imperial, Royal, Apostolic Majesty, and to your illustrious successors. At the same time, I swear and promise not to share in any communications or councils which could endanger the public peace, and not to maintain any suspicious connections either within or without the frontiers of the empire; and if I should learn anything that could bring danger to the state, to neglect nothing

which could avert it." Ecclesiastics may dispose of their property by will, according to the canonical laws, except episcopal insignia, church-robes, and books. The custom of disposing of deaneries by public competition will where it already exists be adhered to. The necessity of noble birth or titles of nobility is done away with, except where such conditions belong to the foundation. Rectories will be filled by public competition; where the right of advowson exists, the patron will appoint one of three persons selected by the bishop. As a proof of his extreme benevolence, the Pope grants to the Emperor the right of presentation to all prebends and livings when the advowson belongs to religious or educational foundations, on condition that he choose one of three selected by the bishop. Church property will be administered in accordance with canonical institutions. The bishops are free to introduce new orders of regular clergy of both sexes; but the episcopal authorities will consult the Imperial Government. The Church may acquire new property; and once acquired, it is inviolable; it cannot be sold or mortgaged to a large extent without the consent of the Emperor and the Pope. The religious fund will be managed in the name of the Church. To supply any deficiency, the Emperor will give his assistance, "nay, if the times allow it, he will even give greater assistance." The fund augmented by the revenues of vacant livings will be applied exclusively to Catholic institutions.

"During the recent convulsion, the tithes were abolished by civil. laws in many parts of the Austrian territory, and (as it is impossible,

282] ANNUAL REGISTER, 1855. [Sweden and Norway.

for peculiar reasons, to raise them again throughout the whole of the empire) His Holiness, at the request of His Majesty, and in consideration of public peace, which is of the highest importance for religion, permits and orders, without prejudice to the rights of the Church, the tithes to be raised where they still exist. Instead of the tithes in the other places, and as indemnification for the same, the Imperial Government has promised the revenues of real property or assignations on Government Stock to all and every person who has a right to demand tithes.

"All laws, ordinances, and arrangements, which are in opposition to the Concordat, are henceforth abrogated, and the Concordat becomes a law of the land throughout the empire.

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Signed on behalf of the Pope by Michael Cardinal Viale Prelà, and on behalf of the Emperor by John Othmar von Rauscher, Prince Archbishop of Vienna."

SWEDEN AND NORWAY. -On the 21st of November this year an important Treaty was concluded between these two countries and the Western Powers. It consisted of the two following articles :

"Art. 1. His Majesty the King of Sweden and Norway engages not to cede to nor to exchange with Russia, nor to permit her to occupy any part of the territories belonging to the Crowns of Sweden and Norway. His Majesty the King of Sweden and Norway engages, further, not to cede to Russia any right of pasturage, of fishery, or of any other nature whatsoever, either on the said territories or upon the coasts of Sweden and Norway, and to resist any

pretension which may be put for ward by Russia with a view to establish the existence of any of the rights aforesaid.

"Art. 2. In case Russia should make to His Majesty the King of Sweden and Norway any proposal or demand having for its object to obtain either the cession or the exchange of any part whatsoever of the territories belonging to the Crowns of Sweden and Norway, or the power of occupying certain points of the said territories, or the cession of rights of fishery, of pasturage, or of any other right upon the said territories and upon the coasts of Sweden and Norway, His Majesty the King of Sweden and Norway engages forthwith to communicate such proposal or demand to Her Britannic Majesty and His Majesty the Emperor of the French; and their said Majesties, on their part, engage to furnish to His Majesty the King of Sweden and Norway sufficient naval and military forces to co-operate with the naval and military forces of His said Majesty, for the purpose of resisting the pretensions or aggressions of Russia. The description, number, and destination of such forces shall, if occasion should arise, be determined by common agreement between the three Powers."

UNITED STATES.-A question arose in the course of the present year between the Governments of Great Britain and the United States, which has involved us in a dispute with the Americans; and it was made use of by the President and his Cabinet as a means of courting popularity with the masses, with a view, no doubt, to the approaching election of President.

At the end of 1854, when the

United States.]

Foreign Enlistment Act had been passed in this country (a measure of which we could see neither the necessity nor the expediency), the English Government gave directions that recruiting offices should be established within the limits of our American possessions, in order to receive volunteers from the United States. The intention we had in view was communicated by Mr. Crampton, the British Minister at Washington, to Mr. Marcy, the American Secretary of State, in the month of March of the present year, and he replied, that "the neutrality laws of the United States would be rigidly enforced; but that any number of persons who desired it might leave the United States and get enlisted in any foreign service." Difficulties, however, of a practical kind arose, which determined the English Government to abandon the scheme before any complaint or remonstrance had been received in this country; and orders were sent out on the 22nd of June to discontinue all further proceedings with respect to recruiting from the United States.

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But on the 6th of July, Mr. Buchanan, the American Minister in London, made a formal complaint to our Government, that the neutrality laws of the States had been violated, and expressed a hope that the English Ministry had not infraction. authorised such Lord Clarendon replied, stating his belief that no person sanctioned by our Government had transgressed the law, and informing Mr. Buchanan that orders had been previously sent out to put a stop to all enlistment across the Atlantic. Mr. Marcy, however, continued to complain and bring fresh charges against the English

Government; and in the mean-
time indictments were preferred
in the United States against seve-
ral persons, who were charged with
recruiting for the military service
of Great Britain; and letters were
written by Mr. Cushing, the Attor-
ney-General of the United States,
to the Attorney-General of the
State of Philadelphia, which were
intended for publication and were
published, and one of which cer-
tainly was as ill-advised and im-
proper a document as ever came
from the pen of a legal function-
ary. In the first, dated September
12, Mr. Cushing said:-

"This Government has, of course, addressed to that of Great Britain such demands of public redress and satisfaction in the premises as the national honour requires. But the Government of Great Britain, with extraordinary inattention to the grave aspect of its acts-namely, the flagrant violation of our sovereign rights involved in them-has supposed it a sufficient justification of what it has done to reply that it gave instructions to its agents so to proceed as not to infringe our municipal laws; and it quotes the remarks of Judge Kane in support of the idea that it has succeeded in this purpose. It may be so. Judge Kane is an upright and intelligent judge, and will pronounce the law as it is, without fear or fa

vour.

But if the British Government has, by ingenious contrivances, succeeded in sheltering its agents from conviction as malefactors, it has, in so doing, doubled the magnitude of the national wrong inflicted on the United States.

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This Government has done its duty of internal administration in prosecuting the individuals en

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