No. 245.
Mr. Cushing to Mr. Fish.

No. 1071.]

Sir: I transmitted to you, with my No. 1045, copy of a pamphlet recently republished in Madrid, in the Spanish language (there have been previous editions in German as well as in Italian), by the Italian minister here, Count Greppi, on the question of the right of certain foreign powers to intervene in the election of popes. The pamphlet has attracted considerable attention in Madrid, in view of the extreme old age and alleged precariousness of the health of Pio Nono, and has afforded occasion to the Spanish government to assert its intention to revive and maintain, so far as it is concerned, the authority which Spain has exercised in other times, of the exclusiva, as it is called, that is, official opposition, to the election of any unacceptable candidate for the papacy. Considering the uncertainty of the present relations of Spain to the See of Rome, and especially the pending negotiations for the modification of the existing concordat, in order to reconcile the same with the religious liberty accorded by the new constitution, this purpose of the government may have important consequences; for if Spain insists on her right of exclusion, so, we may be sure, will some other Catholic governments. I therefore inclose herewith translation of an article on the subject from the Diario Español, which would not speak so absolutely as it does without authority. As the question is liable at any moment to become a European one and greatly to agitate the Catholics in the United States, it has seemed to me that you might desire to have early information on the subject.

I have, &c.,

C. CUSHING.
[Page 450]
[Inclosure.—Translation]

Editorial article on the election of popes, from El Diario Español, Madrid, August 4, 1876.

The not very satisfactory state of health in which His Holiness found himself a few days ago gave occasion to some foreign newspapers to occupy themselves with the intentions of certain powers in the melancholy event of the designation of a new pontiff having to be effected. As it has been, it is, and it cannot do otherwise than happen, when a question of such transcendental importance is under discussion, the press, which represents, first of all, the interests and the policy of the Vatican, has taken part in the discussion thus set on foot, advocating above all that, in the occurrence of such an event, no one shall interpose obstacles to the will of the cardinals. The journals to which we allude have nevertheless done more than this, by giving the greatest publicity to a certain Italian pamphlet devoted to examining the matter, and counseling that all the world should conform to what is written therein, by reason of its being the true Catholic doctrine, obligatory upon all the faithful. This advice or counsel, by reason, on the one hand, of the manner in which the work in question analyzes the attitude which should be assumed by the states of Europe in the election of the successor of Pius IX, and, on the other, the way in which it is published, has caused the belief that the pamphlet referred to had a high origin, and that it was invested with greater authority than was generally believed on its appearance. Be this the truth or no, it seems proper to insert the following lines which it devotes to the exercise of the exclusiva, a right which, there is no need of reminding the reader, is enjoyed by Spain, France, and Austria in the case of the pontifical elections: “As soon as the actual Pope,” says the part of the pamphlet to which we refer, “shall, because of the inexorable law to which all of us are subject, abandon this transitory life, the cardinalic family will be assembled in conclave in order to elect his successor, and, without fears of being disturbed in any possible manner, it will freely realize its high mission. Kings, under the influence of antiquated traditions, will not resort anew to the exercise of the exclusiva in order to reject or suggest such or such a candidate, especially as the motives do not now exist which in former times justified its employment. Italy, jealous of the honor which is incumbent upon her to shelter the papacy, will watch over the conclave, confiding in the good judgment of the members of which it is composed in order to promise to herself anew an election which shall give glory to the Church and peace to the civil powers.” We do not know from whence the author of the paragraphs above transcribed can have deduced that kings will not recur to the exercise of that prerogative, an asseveration which we at once qualify as inexact, adding that in no manner will our Crown forego the rights which attach to it. The exercise of that power has not been kept up exclusively because of the existence of the temporal power of the popes, but because of other causes which it is foreign to the case to recall to mind, and upon which in these our days no manner of discussion has yet turned; but if, under this point of view, the right of the exclusiva will not be renounced, neither can be renounced the circumstances of these latter times, and the reations which the several states at present maintain with the Vatican render that prerogative needful and expedient for the melancholy contingency we have indicated, and in which its exercise could not be dispensed with.