vour to force their favourite measure ought to have stated likewise, that the on us, even against our declared de- jesuits have a very large establishtermination not to accept of emanci- ment in the united states, which is rapation on such terms. In this sup- pidly increasing, and this too without posed case we shall have to undergo creating any alarm among the Amea new mode of persecution in this rican people, lest their truly free and land of liberty and universal tolera-independent constitution should be tion. But until that period arrive, it subverted by these "active agents is our bounden duty, and we are answerable to the Divine Founder of our holy church, if we neglect to perform it, to use every legal means in our power to avert the threatened blow.

ca

of the pope," but this would not
have answered the " catholic fears”
of the author of the report. --And
why are not the Americans as terrified
at the power of the pope, and the
increase of popery, as the people of
England, who boast of being as free
as any of their neighbours? The an-
swer is plain. Because in America
difference in religion is uo hindrance
to the attainment of ci il honours.
There the people enjoy real liberty
of conscience; here we know it only
by name. The committee have con-
cluded their appendix by the inser-
tion of a law of the city of New York,
dated 11th of March, 1816, by
which it is declared
..that if any

The committee have favoured us with the 66 nature and substance of the law and ordinances existing in foreign (despotic) states, respecting the regulation of their roman tholic subjects in ecclesiastical matters, and their intercourse with the see of Rome;" but they have vot given us the nature and substance of the regulations adopted by the free government of the united states ofAmerica, which is the only independent nation whose constitution bears any re-person shall, on the 7th of March, semblance to that of England, from commonly called St. Patrick's day, which in fact it is taken; and the carry or exhibit to view, in any manlanguage and manners of the inhabi- uer whatsoever, the effigy of St. Patants are congenial to our Own.- trick, or any titular saint, whether The report says "As no documents the same is intended as an effigy of, or communications have been made or designed to ridicule, such titular to the committee, respecting the law saint, such person shall forfeit and affecting roman catholics in the united pay for such offence the penalty of states of America, in which states ten dollars." This is the only docuno particular religious communion meut which the committee could obcan be said to be established, your tain from merica respecting the recommittee confine themselves merely gulation of roman catholic citizens to noticing the following facts of pub-in the united states, I will however lic notoriety, namely, that a bishop supply the deficiency from the deciof the roman catholic communion sion of a tribunal of the aforesaid city, has been, for many years, established on a question of great importance to at Baltimore, to whom the pallium or the catholics in that country. At a pall of an archbishop was sent some court of general sessions in the city time since, and five suffragan Ame- of New York, in the year 1813, rican bishops were, at the same time, the following question came on for appointed by the see of Rome ;" and decision, namely, "Whether a roall this, the committee might have man catholic clergyman, be in any added, without the least apprehension case, compellable to disclose the seor jealousy on the part of the Ame- crets of auricular confession?”—African government. The committee ter counsel had been heard on both

|

its ceremonies as well as its essentials
should be protected. The sacra-

sides, the mayor, the Hon. De Witt ousness, or justify practices incon-
Clinton, gave the unanimous decision sistent with the peace and safety of
of the court in a very luminous and the state.-Considering that we had
argumentative speech, from which just emerged from a colonial state,
the following sentiments of the civic and were infected with the narrow
magistrates are extracted: "This is views and bigotted feelings which
a great constitutional question, which prevailed at that time so strongly
must not be solely decided by the max- against the roman catholics, that a
ims of the common law,but by the prin- priest was liable to the punishment
ciples of our government. We have of death if he came into the colony,
considered it in a restricted shape this declaration of religious freedom
let us now look at it upon more elevat- is a wonderful monument of the wis-
ed ground, upon the ground of the dom, liberality, and philanthropy of
constitution, of the social compact, its authors......A provision conceived
and of civil and religious liberty. in the spirit of the most profound
Religion is an affair between God wisdom and the most exalted charity,
and man, and not between man and ought to receive the most liberal
man. The laws which regulate it construction......It is essential to the
must emanate from the supreme be- free exercise of religion that its or
ing, not from human institutions.......dinances should be administered, that
Altho' no human legislator has a right
to meddle with religion, yet the history
of the world is a history of oppres-ments of a religion are its most im-
sion and tyranny over the conscience
of men, and the sages who formed
our constitution, with this instructive
lesson before their eyes, perceived
the indispensable necessity of apply-
ing a preventive, that would for
ever exclude the introduction of ca-
lamities that have deluged the world
with tears and with blood, and the
following section was accordingly en-
grafted in our state constitution.-
And, whereas, we are required by the
benevolent principles of rational li-
berty, not only to expel civil tyranny,
but also to guard against that spiri-
tual oppression and intolerance,
wherewith the bigotry and ambition
of weak and wicked princes have
Scourged mankind. This convention
doth further, in the name, and by the
authority of the good people of this
state, ordain, determine, and declare,
that the free exercise and enjoyment
of religious profession and worship,
without discrimination or preference,
shall for ever hereafter be allowed
within this state to all mankind. Pro-
vided, that the liberty of conscience
hereby granted, shall not be so con-
strued, as to excuse acts of licenti-

4

portant elements...... It has been con-
tended that the provision of the con-
stitution, which speaks of practices
inconsistent with the peace or safety
of the state, excludes this case from
the protection of the constitution,
and authorises the interference of this
tribunal to coerce the witness. In
order to sustain this proposition, it
must be clearly made out that the
concealment observed in the sacra-
ment of penance, is a practice incon-
sistent with the peace or safety of the
state...... The roman catholic religion
has existed from an early period of
christianity, and at one time it em-
braced almost all christendom, and
it now covers the greater part. The
objections which have been made to
penance, have been theological not
political. The apprehensions which
160
have been entertained of this religion,
have reference to the supremacy and
dispensing power attributed to the
bishop of Rome, as head of the ca-
tholic church; but we are yet to learn
that the confession of sins has ever
been considered as of pernicious ten-
dency, in any other respect than its
being a theological error, or its hav-

ing been sometimes in the hands of to the fundamental principles of mo

To the Editor of the Orthodox

Journal.

SIR, Within these few days 1 have met with a work, lately published, of which I think it right to give some account to the catholics of England and Ireland, as it is evidently intended to influence the determination of the grand question about to be introduced into parliament, concerning the vassalage of their church, or of its continuing to enjoy the limited freedom which it possesses at present. In fact, this is the real question, rather than that of emancipation, or no emancipation.

printing of some official documentconnected with the catholic question. I am sorry," said Sir John Hippisley, "that I cannot afford the house the same facility in consulting a most valuable report on the Ancient Ecclesiastical Jurisdiction of the Crown by Mr. Brown, of the Temple. A copy of that document has been deposited in the hands of the secretary of state for the home department, which every gentleman would do well to consulf, before he gives a vote upon the important question which it so pointedly illustrates." From the tenor of these quotations, the intelligent reader will be induced at once to dismiss James Baldwin Brown, Esq. of the Middle Temple, from his mind, and to view the present work as the production of the hon. baronet, who, to his other ti

The work is entitled, An Histori- | cal Inquiry into the Ancient Ecclesiastical Jurisdiction of the Crown. By James Baldwin Brown, Esq. of the Middle Temple. It is dedicated to Sir John Cox Hippisley, M. P.;tles, is known to be so violently bent with whom it is stated to have "en- on adding that of his majesty's vicar tirely originated;""under whose general, in spirituals for his roman eye its plan is said to have been ma- catholic subjects. tured;" 66 many of whose materials are acknowledged to have been derived from his valuable stores;" and "the eventual publication of it, under difficulties and discouragements, which once threatened its total suppression," is stated "to be principally, if not wholly, referrible to his friendly exertions in its behalf." By this latter passage, I presume, we are to understand, that Sir John Cox Hippisley has paid for the present publication. We further learn from the preface to the work, that "a copy of it was transmitted to lord Sidmouth, his majesty's principal secretary of state for the home department, with a view to its being printed by order of the house of commons, on the motion of an hon, and learned member, at whose suggestion the work was originally undertaken;" and that "this same hon. and learned member has borne parliamentary testimony to the utility of this (his own) work, on moving the

Our hon. and learned author professes to derive his majesty's ecclesiastical supremacy over British and Irish catholics from the Roman emperor Constantine; in attempting which he falls into a great number of gross errors and groundless assumptions But, dismissing those which do not immediately relate to the point in question, I wish to ask him the following plain questions: Admitting, Sir, that Constantine called the councils of Arles and Nice to judge the questions at issue between the catholics and donatists, on one hand, and the catholics and arians on the other, and that he even gave a hearing to each of the erring parties, after they had been condemned by those episcopal assemblies, does it follow from these bare facts that he possessed an ecclesiastical jurisdiction on spiritual subjects paramount to that of bishops in an ecumenical council? Might not this youthful soldier, who, at the time we refer to, was not even

a christian, have mistaken the limits of his duty, as protector of the church? How ignorant he then was of the christian religion appears from his letter to the bishop of Alexandria; in which he equally blames him and the arch-heretic Arius for disputing about a matter, the divinity of Jesus Christ, which to him (Constantine) seemed a matter of trifing importance. Again, might not he, like his son Constantius, and several of his successors, have been flattered into the presumption of meddling with matters which did not belong to him? Instead, however, of following the theological baronet through the mazes of error in which he has entangled himself, particularly in relation to the donatists, I will give part of the lucid account which the great St. Augustine, who was so deeply interested in what related to their unhappy schism, furnishes concerning it."Know," says St. Augustine, addressing the donatists, "that they were your predecessors, who carried the cause of Cecilian to the emperor Constantine; but, becanse he did not dare to judge the cause of a bishop, he sent it to be judged and decided by bishops, which was done at Rome, Melchiades, its of his colleagues bishop, with many there, presiding; who, when they had pronounced Cecilian to be innocent, and had censured Donatus, the author of the schism at Carthage, your partisans came again to the emperor, and complained of the judgment passed against them. Therefore, the merciful emperor gave them other judges of the episcopal order at Arles, a city of Gaul. There was, however, no appeal here from the judgment of Melchiades and his colleagues, but only murmurs and complaints against them, as partial judges."St. Aug. Ep. 166.

to take upon himself to judge of a sentence which had been pronounced by the bishops at Rome."-Ep. 162. In the same epistle, he says, that, "in yielding to the donatists as far as he did yield, after the judgment of the bishops, he asked pardon of the bishops for what he had done.”. Conformably to this, Optatus introduces Constantine, thus exclaiming against these schismatics," They invoke my judgment, who myself expect the judgment of Christ. I speak the truth. The judgment of the priest ought to be considered as if God himself sat in judgment.”

These undeniable authorities, independently of a thousand others, entirely overturn our amateur canonist's new theory of establishing the roya! ecclesiastical supremacy on the conduct of Constantine, with respect to the donatist schismatics. It is not, however, for the sake of destroying this system, but of holding it up in its native colours to the catholics of England and Ireland, that I have taken up the pen at present. The baronet details his system in thirteen long, but not very luminous propositions, with two corrolaries drawn from them. Suffice it to state, in brief, that he maintains the emperor,

though not a christian," (and of course, Tiberius in the time of Christ, Nero in that of SS. Peter and Paul,) to have been the legitimate judge of ecclesiastical causes between bishops as well as others; that it belonged to him to convene cecumenical councils, and to preside in them, (whence we are to conclude, that Caligula, or one of the Herods, called the apostolic council of Jerusalem, and directed its proceedings); that an appeal always lay from general councils to the chief civil magistrate; that his decision was final; that he He had a right to punish those who diselsewhere says, "The christian em- obeyed his ecclesiastical mandates peror did not receive their false and with confiscation of goods, imprisonnoisy complaints in such manner as ment, and exile, "as a commutation