THE TABLET

A Weekly Newspaper and Review

D u m VOBIS GRATULAMUR, ANIMOS ETIAM ADDIMUS UT IN INCOEPTIS VESTRIS CONSTANTER MANEATIS.

Front the Brief oj His Holiness to T h e T a b l e t , June 4, 1870,

V o l . 4 0 . N o . 1 6 8 7 .

L o n d o n , A u g u s t 1 0 , 1 8 7 2 .

P rice sd. B y P ost 5 yz

[R egistered a t th e General P ost O ffice a s a N ewspaper.

Page.

‘C hronicle of th e W eek : The

Scotch Education Bill.— The Callan Scandal.— The Licensing Bill.— 'The Public Health Bill.— Our Diplomatic Agency at Rome.—The

Indian Budget.—The Lord Chancellor. — Change of Ministry in Victoria.— Dr. Livingstone’s Letters.— Prorogation of the French Assembly.— Mgr. Hassoun and the date Turkish Ministry.— France and Turkey.— Protest of the German Catholic Union.— The Jesuits in Austro-Hungary. — The Meeting •of the Emperors.—The Bishopric of Geneva. — The Elections at Rome.—Macdonnell v. Kempe . 161

C O N T

L eaders : <

Page.

The Religious War . . . 165 The Fall of Mahmoud Pasha 16=5 Foundation of the Catholic Uni­

versity ..... 166 Patriotism and Catholicity . . 168 T he A nglican Movement :

The Destiny of Protestantism and

Anglicanism . . . .169 R eviews :

The Life and Times of Sixtus the

Fifth

Ivan at Home; or, Pictures of

........ 169

Russian Life . . . .1 7 1 Short N otices : Protestant Ritual­

ists.— Our Place in Christendom.— A Homely Discourse : Mary Magdalen. —A Plea for National Elementary Education.— Who is the

ENTS.

Page.

Pope? — Contemplations of the Most Holy Sacrament of the Altar 171 The Magazines for August . . 172 N ew M u s ic : Mass in A . . 172 Correspondence :

The J e s u i t s ....................................173 Mr. Justice Keogh . . . 173 G ermany :

Letter from Our Special Corre­

spondent . . , . .173 R ome :

Letter from Rome .... 176 Protest and Address of the Catholic

Union of Germany . . ,1 77 French Address on the Expropria­

tion of the Roman Convents . 178 The True Story of Victor Jaques . 178 Peter’s Pence . . . .178

D iocesan N ews :

Page

Westminster.................................. 178 S o u th w a r k .................................. 179 Hexham and Newcastle. . . 179 Liverpool . . . . . 179 Shrew sbury.................................. 179 I reland :

Letter from our Dublin Corre­

spondent . . . . .1 7 9 F oreign N ews :

G e r m a n y .................................... 180 M emoranda :

Religious. - Educational.- Scientific 180 General N ews . . . 183 Parliam entary S ummary . . 184

CHRONICLE OF THE WEEK.

BILL. T

THE SCOTCH EDUCATION

H E Scotch Education B ill has nowassum ed its definite form. Last w eek the Commons agreed to the two principal amendments in troduced by the Lords, only substituting in the

^preamble a correct statem ent for an incorrect one— that relig ious education has been sanctioned in Scotland by “ custom ” .instead o f “ legislation,” and restricting the Scotch Board >©f Education to a two years’ term o f existence. T h e discussion o f these modifications came on in the Lords on F r id a y week, and the D uke o f A rgyll stated that he had shown •the alteration in the preamble to the D uke o f R ichm ond, and that he had no objection to it. H e pointed out that ■ the main duty o f the Education Board would be to start the new system , and offer suggestions as to its working, for which even one year would be su f fic ien t; and also that the amendm ent contained a power o f extending the two years to five i f necessary. A fter some objections from Lord Salisbury and Lord Colonsay, the D uke o f A rgyll finally consented ■ to fix the duration o f the Board at three years instead o f •two, and to g ive up the clause requiring that the O rder in Council, for its further extension, should lie 40 days on the 'table o f the H ouse o f Commons. T h e rest o f the am endments were agreed to, though the D uke o f Buccleuch protested against assenting to amendments with which the Lords were not acquainted before they came down to the H ouse— the Commons’ amendments are not printed for the Lords— while Lord M e lv ille declared that he had not heard the question put. T h e act was done, however, and could •not be undone, though Lord Salisbury thought the H ouse should not adhere too strictly to its forms, as it d id its business “ in a very slovenly manner,” and “ the form s o f “ the H ouse should not be treated like a mouse-trap, on ■“ which you must always go forward, and never go b a ck .”

THE CALLAN

SCANDAL.

T h e case o f Mr. O ’K e e fe was again brought before the H ouse on M onday, on the vote for the salaries o f the Irish Education Commis­

sioners. Mr. Bouverie moved the reduction o f the item by „-£1,000, in order to obtain a vote o f censure on the C om missioners for having rem oved Mr. O ’K eefe from the managem ent o f five schools. T h e motion was eventually lost b y 57 votes to 49, Mr. G ladstone truly observing that the e ffect o f its being carried “ would be sim ply to p lunge into “ greater difficulty than it had ever experienced the question ■“ o f national education in Ireland.” Mr. Bouverie d id his best to shift the real issue b y arguing that i f Mr. O ’K e e fe had been heard before the Commissioners it would have been seen that it was a case o f conflict o f authority between the ecclesiastical tribunal and the c iv il tr ib u n a l ; and even Lord Harrington, in resisting the morion, spoke o f the rem oval o f a suspended school manager as resting m erely on

New Series. Vol. VIII. No. 196.

p re c ed en t ; and admitted, as the A ttorney-G eneral for Ireland did, that the Commissioners had better have waited till the courts o f law had decided whether Mr. O ’K e e fe had been ju s tly suspended. But in the first place, as Serjeant Sherlock very ju s tly remarked, there is no tribunal which can try the valid ity o f the suspension o f a priest. T h e suspension is the carrying in to effect o f the provisions o f an im plied contract betw een the priest and his ecclesiastical superiors. T h e latter g ive him certain faculties, on condition that, and so long as, he obeys. W hen he disobeys, th ey w ithdraw them, and the law which does not recognize the conferring o f the faculties cannot contest the w ithdrawal o f them. And then there is the further point to which we have adverted already. Supposing the law to arrogate to itself the power o f pronouncing whether the ecclesiastical superior was right or wrong in pronouncing the suspension, or supposing even that the Commissioners had maintained Mr. O ’K eefe in his position pending the decision o f the court— as Lord Hartington and Mr. D ow se w ished th ey had— what would have been the position o f the children attending the schools? Neither the reservation o f the point by the Commissioners, nor a subsequent decision o f the courts that the suspension was unjustifiable, would m ake the m inistrations o f the suspended priest valid or enable anybody to satisfy his obligations by using them. A c co rd ingly, an express clause contained in the trust deeds o f vested schools, provides that the manager shall be the priest who has faculties from the B ishop, “ so lo ng as such “ faculties shall remain unrevoked.” When they are revoked, no possible in fliction o f damages b y the courts can restore them, or g ive valid ity to the spiritual acts o f the priest from whom th ey are withdrawn. C on sequently, i f the c iv il power were to interfere to maintain that priest in his position, the effect would b e to deprive those on whom his services were forced o f the genuine rites o f the Church, to which Catholic children are a c knowledged to have an indefeasible claim .

On F rid ay week the Commons went to work licensing a w ' " on t 'le L icensing B ill, and disposed bill.*

but two clauses and the provisions concerning Ireland. D iscretionary power was given to the licensing authorities to a llow a ll public-houses out o f the metropolis to be open from any hour betw een 5 and 7 a.m ., till any hour betw een 10 and 12 p.m. on ordinary days, and from 12.30 p.m. to 2.30 p.m. or from x p.m. to 3 p.m .; and again from 6 p.m. to 9, 10, or 11 p.m. on Sundays; all beer-houses having to be c losed at 10 p.m. H ere Mr. Vernon H arcourt in troduced an attack on the principle o f the B ill, as a vexatious restriction im posed on the South o f England in consequence o f the in temperate habits o f the North, and he tried ineffectually to get friendly societies and other clubs meeting in public-