The War Upon Religion: Being an Account of the Rise and Progress of Anti-Christianism in EuropeCunningham, Francis A. (Francis Aloysius)
History
The War Upon Religion: Being an Account of the Rise and Progress of Anti-Christianism in Europe
Cunningham, Francis A. (Francis Aloysius)
Catholic Church -- Europe; Catholic Church -- History; Church and state -- Catholic Church
The instrument by which the deception was exercised was the infamous
Associations Law of 1901. The Congregations had ever been the
_bete-noir_ of the anti-clericals. They represented Religion in its
perfection. In 1892, when the Fallières-Constans bill against the
religious congregations was broached, and M. Carnot, its spokesman, had
presented it before the Chamber, the _Temps_ remarked: "Its purpose was
to resolve the difficult problem of according the right of association
to everyone, with such reserves, however, that the Catholics might not
benefit by it, and that the Congregations might by it be destroyed." In
the bill of Waldeck-Rousseau-Trouillot, prepared in June, 1900, such
embarrassments were simply set aside. It was determined "to take the
bull by the horns." The new project was, therefore, twofold; the first
part assured a large liberty to associations _non-suspected_; the second
part gave the Government a means of suppressing all religious orders. It
read as follows: "No religious congregation can be formed without an
authorization given by a law which shall determine the conditions of its
workings. It cannot found any new establishment except in virtue of a
decree emanating from the Council of State.--The dissolution of a
congregation, or the closing of an establishment can be pronounced by a
decree rendered by the Council of the ministers."
[Illustration: EX-PRESIDENT LOUBET.]
The project which bore the names of Trouillot and Waldeck-Rousseau began
by declaring all religious congregations "illicit," under the pretext
that the members of these associations live in community, that they make
the vows of poverty, chastity and obedience, and that Article 1118 of
the Civil Code declares that "only such things as enter into commerce
can be made the object of a convention," and that poverty, chastity and
obedience are things which do not enter into commerce.
M. Emile Faguet in his _L'Anticlericalism_ (Paris, 1905) scourges this
method of persecution:
This argumentation was seething with sophisms. In the first
place it transposes into the Penal Code a disposition of the
Civil Code and it makes a crime of that which is only a
judiciary incapacity: the party who makes a contract upon
something which does not enter into commerce cannot
judicially exact the execution of that contract if his
co-contractor should refuse. That is all that is meant by
Article 1118, and there is no penalty against a man who makes
a contract not conformable to Article 1118 of the Civil Code.
Indeed, if such were the case, marriage would be illicit, for
it is a convention of obedience, fidelity and protection
between two persons, and obedience, fidelity and protection
are not matters of trade; hence marriage would be contrary to
Article 1118.
Public-domain text, read in full here on John Shaqi.
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