In 1801, at Rome, pending the negotiations for the Concordat, when Pius VII. still hesitated about the deposition in mass of the survivors of the ancient French episcopacy, clear-sighted observers already remarked, "Let this Concordat which the First Consul desires be completed,5201 and you will see, on its ratification, its immense importance and the power it will give to Rome over the episcopacy throughout the universe."—In effect, through this "extraordinary, nearly unexampled" act of authority, and certainly unequaled "in the history of the Church,"5202 the ultramontane theory, contested up to this time, maintained in the speculative region of abstract formulae, comes down to solid ground, into practical and lasting use. Willingly or not, "the Pope acts as if universal bishop;" urged and constrained by the lay power, attached to a dictatorship,5203 he entered upon it and so installed himself, and, ten years later, Napoleon, who had impelled him on, regretted that he had done so. Warned by his Gallican jurists, he saw the ecclesiastical import of his work; but it was too late to retreat—the decisive step had been taken.—For, in fact, the Pope had deprived all the chieftains of a great church of their thrones, "his colleagues and co-bishops,"5204 successors of the apostles under the same title as himself, members "of the same order and stamped "with the same "character," eighty-five legitimate incumbents5205 and, still better, as admitted by himself, blameless, worthy, persecuted because they had obeyed him, banished from France on account of their unwillingness to quit the Roman Church. He had ordered them to resign; he had withdrawn apostolic powers from the thirteen who had refused to tender their resignations; to all, even to those who refused, he had appointed their successors. He assigned to the new titularies dioceses of a new pattern and, to justify novelties of such gravity,5206 he could allege no other reasons than circumstances, the exigencies of lay power, and the welfare of the Church. After that the Gallicans themselves, unless accepting the risk of a schism and of separating forever from the Holy See, were obliged to allow the Pope above and beyond the ordinary powers exercised by him within the old limits of canons and of custom, an extraordinary power unlimited by any canon or by any custom,5207 a plenary and absolute authority, a right above all other rights, by virtue of which, in cases determined by himself, he provided in a discretionary way for all Catholic interests, of which he thus becomes the supreme judge, the sole interpreter and the court of last appeal. An indestructible precedent was set up; it was the great corner-stone in the support of the modern Church edifice; on this definitive foundation all other stones were to be superposed, one by one. In 1801, Pius VII., under the pressure of the reigning Napoleon, had obliged the prelates of the old rÉgime, sullied by a monarchical origin and suspected of zeal for the dethroned Bourbons, to abandon their seats. In 1816, under the pressure of the re-established Bourbons, the same Pius VII. obliged Fesch, cardinal-archbishop of Lyons, and uncle of the fallen Napoleon, to abandon his seat. Bercastel et Henrion, XIII, 192. Cardinal Fesch having been banished from France by the law of January 12, 1816, "the Pope no longer regarded the person of the cardinal, but the diocese that had to be saved at any cost, by virtue of the principle salus populi suprema lex. Consequently, he prohibited the cardinal from "exercising episcopal jurisdiction in his metropolitan church, and constituted M. de Bernis administrator of that church, spiritually as well as temporally, notwithstanding all constitutions decreed even by the general councils, the apostolic ordinances, privileges, etc." In both cases the situation was similar, and, in the latter as in the former case, motives of the same order warranted the same use of the same power.

But the situation, in being prolonged, multiplied, for the Church, the number of urgent cases, and, for the sovereign pontiff the number of cases of intervention. Since 1789, the entire civil order of things, constitutional, political, social and territorial, had become singularly unstable, not only in France but in Europe, not only on the old continent but likewise on the new one. Sovereign states by hundreds sunk under the strokes and counter-strokes, indefinitely propagated and enforced by the philosophy of the eighteenth century and of the French Revolution; others, by dozens, arose in their place, and, in these, different dynasties succeeded each other; here, Catholic populations falling under the rule of a schismatic or Protestant prince; there, this or that Catholic country, for fifteen years included in a mixed state, detached from it and constituted apart. In Protestant America, the Catholics, increased to millions, formed new communities in Catholic America, the colonies had become independent; almost everywhere in America and in Europe the maxims of government and of public opinion had changed. Now, after each of these changes, some initiative, some direction, some authority was necessary, in order to reconcile ecclesiastical with lay institutions; the Pope was on hand, and on each occasion he establishes this concord.5208 At one time, by a diplomatic act analogous to the French Concordat of 1801, he negotiates with the sovereign of the country—Bavaria, Wurtemburg, Prussia, Austria, Spain, Portugal, the two Sicilies, the Netherlands, Belgium and Russia. Again, owing to the tolerant liberalism, or to the Constitutional indifference of the lay government, he alone prescribes, notably in Holland, in Ireland, in England, in Canada, and in the United States, a division of the country into ecclesiastical districts, the erection of new bishoprics, and the lasting regulation of the hierarchy, the discipline, the means of support and the recruiting of the clergy. Again, when sovereignty is in dispute, as after the emancipation of the Spanish colonies, he does without it, in spite of the opposition of the mother-country, and, "without putting himself in relation with the new governments,5209 he, acting for himself, "that he may put an end to the widowhood of the Churches," appoints bishops, assigns them a provisional rÉgime in anticipation of the epoch when, in concert with better founded governments, he will decree their definitive rÉgime. In this way, all the great existing churches of the Catholic universe are the work of the Pope, his latest work, his own creation attested by a positive act of contiguous date, and of which the souvenir is vivid: he has not recognized them—he has made them; he has given them their external form and their internal structure; no one of them can look within itself without finding in its laws the fresh imprint of the sovereign hand which has fashioned it; none of them can assert or even believe itself legitimate without declaring the superior authority to be legitimate which has just endowed it with life and being. The last step, the greatest of all, above the terrestrial and practical order of things, in speculative theology, in the revelation of the supernatural, in the definition of things that are divine: the Pope, the better to prove his autocracy, in 1854, decrees, solely, of his own accord, a new dogma, the immaculate conception of the Virgin, and he is careful to note that he does it without the concurrence of the bishops; they were on hand, but they neither deliberated nor decided.5210

Thus arise durable powers, spiritual or temporal, little by little, through the uninterrupted and uncontested series of their acts; from 1791 to 1870 all ecclesiastical precedents, one added to another, became consolidated, one through the other and through their mass; story after story, steadily ascending and converging to raise the Pope higher still, until at last, on the summit of the edifice, the Holy See becomes the keystone of the arch, the omnipotence of fact being completed by omnipotence of right.

Meanwhile Catholic opinion came to the aid of pontifical opinion, and, in France, the clergy spontaneously became ultramontane because there was no longer any motive for remaining Gallican. Since the Revolution, the Concordat and the Organic Articles, all the sources which maintained in it a national as well as particularist spirit, had dried up; in ceased being a distinct, proprietary and favored body; its members are no longer leagued together by the community of a temporal interest, by the need of defending their privileges, by the faculty of acting in concert, by the right of holding periodical assemblies; they are no longer, as formerly, attached to the civil power by great social and legal advantages, by their honorable priority in lay society, by their immunities from taxation, by the presence and influence of their bishops in the provincial parliaments, by the noble origin and magnificent endowments of nearly all their prelates, by the repressive support which the secular arm lent to the church against dissenters and free-thinkers, by the immemorial legislation and customs which, erecting Catholicism into a State religion, imposed the Catholic faith on the monarch, not alone in his quality of a private individual and to fix his personal belief, but again in his quality of public magistrate, to influence his policy and to share in his government. This last article is capital, and out of its abrogation the rest follows: at this turn of the road the French clergy is thrown off the Gallican track, every step it takes after this being on the way to Rome. For, according to Catholic doctrine, outside of the Roman Church there is no salvation; to enter it, to rest in it, to be led by it is the highest interest and first duty of man; it is the unique and infallible guide; all acts that it condemns are culpable, and not only private acts, but likewise all public acts; the sovereign who commits them may, as an individual, be Catholic by profession and even loyal at heart; but, as a ruler, he is disloyal, he has lost his semi-ecclesiastic character, he has ceased to be "the exterior bishop," he is not worthy to command a clerical body. Henceforth, the Christian conscience no longer bows down before him with love and respect; nothing remains to him for support but social prudence; and again is it with resignation, because the Church commands obedience to the authorities, and the same Church commands disobedience to these authorities when, abusing their power, they encroach on its rights.

Now, ten years ago, the State had done nothing else, and, to the old Concordat which was not good, it had just substituted a Concordat that was worse. This new alliance, concluded by it with the Church in 1802, is not a religious marriage, the solemn sacrament by which, at Rheims, she and the King promised to live together and in harmony in the same faith, but a simple civil contract, more precisely the legal regulation of a lasting and deliberate divorce.—In a paroxysm of despotism the State has stripped the Church of its possessions and turned it out of doors, without clothes or bread, to beg on the highways; next, in a fit of rage, its aim was to kill it outright, and it did partially strangle it. Recovering its reason, but having ceased to be Catholic, it has forced the signature of a pact which is repugnant, and which reduces their moral union to physical cohabitation. Willingly or not, the two contracting parties are to continue living together in the same domicile, since that is the only one they possess; but, as there is incompatibility of humor, they will do well to live apart. To this end, the State assigns a small, distinct lodging to the Church and allows her a meager supply of food; this done, it fancies that it may cry quits; and, worse still, it imagines that she is always its subject, and still pretends to the same authority over her; the State is determined to retain all rights conferred upon it by the old marriage, and these rights it exercises and adds to. Meanwhile, it admits into the same lodging three other Churches which it subjects to the same rÉgime: that makes four mess-rooms to be maintained and which it watches, supports and utilizes the best it can for the temporal advantage of the household. There is nothing more odious to the Catholic Church than this advertised, practical polygamy, this subvention granted indifferently to all cults, this patronage in common, more insulting than abandonment, this equal treatment5211 which places the pulpit of truth and the pulpits of falsehood, the ministry of salvation and the ministries of perdition, on the same footing. Nothing is more serviceable for alienating a Catholic clergy, for making it consider civil power as foreign, usurping, or even inimical, for detaching the Gallican Church from its French center, for driving it back towards its Roman center and for handing it over to the Pope.

Henceforth, the latter is the unique center, the sole surviving head of the Church, inseparable from it because he is naturally its head and because it is naturally his body; and all the more because this mutual tie has been strengthened by trials. Head and body have been struck together, by the same hands, and each on the other's account. The Pope has suffered like the Church, along with and for it. Pius VI., dethroned and borne off by the Directory, died in prison at Valence; Pius VII., dethroned and carried off by Napoleon, is confined, sequestered and outraged for four years in France, while all generous hearts take sides with the oppressed against his oppressors. Moreover, his dispossession adds to his prestige: it can no longer be claimed that territorial interests prevail with him over Catholic interests; therefore, according as his temporal power diminishes his spiritual power expands, to such an extent that, in the end, after three-quarters of a century, just at the moment when the former is to fall to the ground the latter is to rise above the clouds; through the effacement of his human character his superhuman character becomes declared; the more the sovereign prince disappears, the more does the sovereign pontiff assert himself. The clergy, despoiled like him of its hereditary patrimony and confined like him to its sacerdotal office, exposed to the same dangers, menaced by the same enemies, rallies around him the same as an army around its general; inferiors and superiors, they are all priests alike and are nothing else, with a clearer and clearer conscience of the solidarity which binds them together and subordinates the inferiors to the superiors. From one ecclesiastical generation to another,5212 the number of the refractory, of the intractable and of independents, rigorists or the lax, goes on decreasing, some, conscientious Jansenists, hardened and sectarians of the "Little Church," others, semi-philosophers, tolerant and liberal, both inheriting too narrow convictions or too broad opinions for maintaining themselves and spreading in the newly founded society (milieu).5213 They die out, one by one, while their doctrines fall into discredit and then into oblivion. A new spirit animates the new clergy, and, after 1808, Napoleon remarks of it, "It does not complain of the old one, and is even satisfied with it; but, he says, they are bringing up new priests in a sombre fanatical doctrine: there is nothing Gallican in the youthful clergy,"5214 no sympathy for the civil power. After Napoleon, and on getting out of his terrible hands, the Catholics have good reasons for their repugnance to his theology; it has put too many Catholics in jail, the most eminent in rank, in holiness, bishops and cardinals, including the Pope. Gallican maxims are dishonored by the use Napoleon has made of them. Canon law, in public instruction and in the seminaries (of the Catholics), ends insensibly in unlooked-for conclusions; texts and arguments opposed to the Pope's authority seem weaker and weaker; texts and arguments favorable to the Pope's authority seem stronger and stronger;5215 the doctors most deferred to are no longer Gerson and Bossuet, but Bellarmin and Suarez; flaws are discovered in the decrees of the council of Constance; the Declaration of the clergy of France in 1682 is found to contain errors condemned and open to condemnation.5216 After 1819, M. de Maistre, a powerful logician, matchless herald and superb champion, in his book on "The Pope," justifies, prepares and announces the coming constitution of the Church.—Step by step, the assent of Catholic community is won or mastered;5217 on approaching 1870, it is nearly universal; after 1870, it is wholly so and could not be otherwise; whoever refuses to submit is excluded from the community and excludes himself from it, for he denies a dogma which it professes, a revealed dogma, an article of faith which the Pope and the council have just decreed. Thenceforward, the Pope, in his magisterial pulpit, in the eyes of every man who is and wants to remain Catholic, is infallible; when he gives his decision on faith or on morals, Jesus Christ himself speaks by his mouth, and his definitions of doctrine are "irrefutable," "they are so of themselves, they alone, through their own virtue, and not by virtue of the Church's consent."5218 For the same reason, his authority is absolute, not only in matters which concern faith and morals, but again in matters which concern the discipline and government of the Church."5219 His judgment may be resorted to in every ecclesiastical case; nobody is allowed to question his verdict; "nobody is allowed to appeal to the future oecumenical council;"5220 He has not only "a priority by right, an office of inspection and of direction; he holds again priority of jurisdiction, a full and supreme power of jurisdiction over the universal Church,... ", "the total plenitude of this supreme power," not indirectly and extraordinarily, but "directly and ordinarily, over all churches and over each one of them, over all pastors and all believers, over each believer and each of the pastors."—Read this in the Latin: each word, through its ancient root and through its historic vegetation, contributes to strengthening the despotic and Roman sense of the text; the language of the people which invented and practiced dictatorship had to be employed for the affirmation of dictatorship with that precision and that copiousness, with that excess of energy and of conviction.