The Modern Regime Volume II Part 3

[Footnote 5113: Pelet de la Lozere, p. 208 (May 22, 1804).]

[Footnote 5114: Thibaudeau, p. 152 (Prairial 21, year X).]

[Footnote 5115: Pelet de la Lozere, p, 223 (March 4, 1806).]

[Footnote 5116: Roederer, "Oevres completes," III., 334 (Aug. 18, 1800).]

[Footnote 5117: What impression could this have made on Lenin? Could he not have felt: "Perhaps Napoleon's logic was good at that time but now with electricity, the steam engine and modern industrialism it will be possible to do without the efficiency of capitalism and hence with its inequalities and egoism? If so then we can recreate the equality dreamt of by Babeuf, Robespierre, Saint Just and the other ancient revolutionaries!!"]

[Footnote 5118: Ref.: "Where some people are very wealthy and others have nothing, the result will either be extreme democracy or absolute oligarchy, and despotism will come from either of these excesses."

Aristotle. (SR.)]

[Footnote 5119: Pelet de la Lozere, p. 205 (February 11, 1804).]

[Footnote 5120: Ibid., p. 201.]

[Footnote 5121: Pelet de la Lozere, p. 206, (Feb. 11, 1804).]

[Footnote 5122: Memorial, V., 323 (Aug. 17, 1816).]

[Footnote 5123: Pelet de la Lozere, p 201.]

[Footnote 5124: Memorial, V., 353 (Aug. 17, 1816). Notes on "Les Quatre Concordants," by M. de Pradt (Correspondence of Napoleon I., x.x.x., p.557).]

[Footnote 5125: Bourrienne, "Memoires," V., 232.]

[Footnote 5126: Notes on "Les Quatre Concordats," by M. de Pradt (Correspondence of Napoleon I., x.x.x., 638 and 639).]

[Footnote 5127: Thibaudeau, p. 152 (Prairial 21, year X).]

[Footnote 5128: Notes on "Les Quatre Concordats," by M. de Pradt (correspondence, x.x.x., 638).]

[Footnote 5129: Count Boulay de La Meurthe, "Negotiations du concordat."

(Extract from the correspondant, "1882, on the religious state of France in November, 1800, and particularly on, the condition of the const.i.tutional church, the latter being very poor, disunited, with no credit and no future.) The writer estimates the number of active priests at 8000, of which 2000 are const.i.tutionnels and 6000 orthodox."]

[Footnote 5130: Thibaudeau, p.152.]

[Footnote 5131: Thibaudeau, p. 154 (words of the First consul) "What makes the government liked is its respect for worship.... The priests must be connected with the government."]

[Footnote 5132: Ibid., p.154: "Is it not better to organize worship and discipline the priests rather than let things go on as they are?"]

[Footnote 5133: La Fayette, "Memoires, II.", 200. ("Mes rapports avec le Premier consul.")]

[Footnote 5134: D'Haussonville, "l'eglise romaine et la Premier Empire,"

II.. 78 and 101. Napoleon's letters to Cardinal Fesch, Jan. 7, 1806; to the Pope, Feb.22, 1806 and to cardinal Fesch, of the same date. "His Holiness will have the same consideration for me in temporal matters as I have for him in spiritual matters.... My enemies will be his enemies."--"Tell people (in Rome) that I am Charlemagne, the sword of the church, their emperor; that I must be treated the same; that they should not know that there was a Russian empire.... If the Pope does not accept my conditions, I shall reduce him to the condition he was in before Charlemagne."]

[Footnote 5135: Decree, May 17, 1809. "Whereas, when Charlemagne, emperor of the French, and out august predecessor, donated several counties to the bishops of Rome, he gave them only under the t.i.tle of fiefs and for the welfare of his own states, and as by the said donation Rome did not thereby cease to form part of his empire,... the states of the Pope are now reunited to the French empire."]

[Footnote 5136: Senatus-consulte, Feb. 17, 1810, t.i.tle II., article XII. "Any foreign sovereignty is incompatible with the exercise of any spiritual sovereignty within the empire."]

[Footnote 5137: D'Haussonville, ibid., IV.,344. (Decree of the National Council, Aug. 5, 1811.--Concordat of Fontainebleau, Jan. 25, 1813, article 14.--Decree on the execution of this Concordat, March 23, 1813, art. 4.)]

[Footnote 5138: Senatus-consulte, Feb.17, 1810, articles 13 and 14.]

[Footnote 5139: Memorial, Aug.17, 1816.]

[Footnote 5140: Senatus-consulte, Feb.17, 1810.]

[Footnote 5141: Notes by Napoleon on the "Les Quatre Concordats de M. de Pradt" (correspondence, x.x.x., 550). Lanfrey, "Histoire de Napoleon," V., 214. (Along with the Vatican archives, there were brought to Paris the tiara and other insignia or ornaments of Pontifical dignity.)]

[Footnote 5142: Senatus-consulte, Feb. 17, 1810.]

[Footnote 5143: Notes by Napoleon on "Les Quatre Concordats"

(Correspondence, x.x.x., 548).]

[Footnote 5144: Cf. Roman laws on the Collegia illicita, the first source of which is the Roman conception of religion, the political and practical use of augurs, auspices and sacred fowls.--It is interesting to trace the long life and survivorship of this important idea from antiquity down to the present day; it reappears in the Concordat and in the Organic Articles of 1801, and still later in the late decrees dissolving unauthorized communities and closing the convents of men.-- French jurists, and in particular Napoleon's jurists, are profoundly imbued with the Roman idea. Portalis, in his exposition of the motives for establishing metropolitan seminaries (March 14, 1804), supports the decree with Roman law. "The Roman laws," he says, "place every thing concerning the cult in the cla.s.s of matters which belong essentially to public rights."]

[Footnote 5145: Thibaudeau, p.152.]

[Footnote 5146: "Discours, rapports et travaux sur le Concordat de 1801," by Portalis, p.87 (on the Organic Articles), p.29 (on the organization of cults). "The ministers of religion must not pretend to share in or limit public power.... Religious affairs have always been cla.s.sed by the different national codes among matters belonging to the upper police department of the State... The political magistrate may and should intervene in everything which concerns the outward administration of sacred matters.... In France, the government has always presided, in a more or less direct way, over the direction of ecclesiastical affairs."]

[Footnote 5147: "Discours, rapports, etc.," by Portalis, p. 31.--Ibid., p.143: "To sum up: The Church possesses only a purely spiritual authority; the sovereigns, in their capacity of political magistrates, regulate temporal and mixed questions with entire independence, and, as protectors, they have even the right to see to the execution of canons and to repress, even in spiritual matters, the infractions of pontiffs."]

[Footnote 5148: Articles Organiques. 1st. Catholic cult, articles 3, 4, 23, 24, 35, 39, 44, 62. 2nd. Protestant cults, articles 4, 5, 11, 14, 22, 26, 30, 31, 32, 37, 38, 39, 41, 42, 43.--Israelite cult, decree of March 17, 1808, articles 4, 8, 9, 16, 23. Decree of execution, samedate, articles 2 to 7.]

[Footnote 5149: Decree of March 17, 1808, articles 12, 21.]

[Footnote 5150: Articles Organiques (Protestant cults), 12 and 13.]

[Footnote 5151: Articles Organiques (Catholic cult), 24. Teachers selected for the seminaries "will subscribe the declaration made by the clergy of France in 1682; they will submit to teaching the doctrine therein set forth."]

[Footnote 5152: "Dsicours, rapports, etc," by Portalis, p. 101.]

[Footnote 5153: Ibid, p. 378.]

[Footnote 5154: Abbe Sicard, "Les Dispensateurs des benefices ecclesiastiques" (in the "Correspondant," Sep.10, 1889, p.883). A benefice was then a sort of patrimony which the t.i.tulary, old or ill, often handed over to one of his relatives. "A canonist of the eighteenth century says that the resignation carried with it one third of the income."]

[Footnote 5155: "Souvenirs", by Pasquier (Etienne-Dennis, duc), Librarie Plon, Paris 1893. Vol. I. p. 415.: "The nomination of Cardinal Maury as arch-bishop of Paris was published on the same day that I had been appointed prefect of police. The new arch-bishop had made too much noise in the past for him not to have become known to me. He was as happy with his appointment as I was unhappy with mine. I met him in the chateau Fontainebleau and I have ever since been haunted by the noisy expression of his happiness. He constantly repeated this sentence: "The Emperor has just satisfied the two greatest requirements of his capital. With a good police and a good clergy he can always be sure of public order, since an arch-bishop is also a prefect of the police."]

[Footnote 5156: Report of Simeon to the tribunat on presenting to it the Concordat and Organic Articles, Germinal 17, year X.--Henceforth "the ministers of all cults will be subject to the influence of the government which appoints or confirms them, to which they are bound by the most sacred promises, and which holds them in its dependence by their salaries."]

[Footnote 5157: "Discours, rapports, etc.," by Portalis, p. 40.--Emile Ollivier, "Nouveau manuel de droit ecclesiastique," P.193. (Reply by Portalis to the protests of the Holy See, Sep. 22, 1803.) Before 1789 Portalis writes: "The spectacle presented by the monks was not very edifying.. .. The legislature having decided that religious vows could not be taken up to twenty-one years of age,... this measure keeps novices away; the monastic orders, sapped by the state of morals and by time, could obtain no recruits; they languished in a state of inertia and of disfavor which was worse than annihilation.... The era for monastic inst.i.tutions had pa.s.sed."]

[Footnote 5158: Pelet de la Lozere, p.146. (Words of Napoleon, March 11, 1806.)]

[Footnote 5159: Pelet de la Lozere, p.207 (May 22, 1804).]

[Footnote 5160: Decree of Messidor 3, year XII (June 22, 1804).--Letter of Napoleon to the King of Naples, April 14, 1807, on the suppression of convents at Naples: "You know that I don't like monks, as I have uprooted them everywhere." To his sister Elisa, May 17, 1806: "Keep on and suppress the convents."]