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Rh societies subject to special legislation, no association composed of more than twenty persons could be formed without governmental authorization which was always revocable, the restriction applying equally to political and social clubs and to religious communities. The law was the same for all, but was differently applied. Authorization was rarely refused to political or social societies, though any club was liable to have its authorization withdrawn and to be shut up or dissolved. But to religious orders new authorization was practically never granted. Only four of them, the orders of Saint Lazare, of the Saint Esprit, of the Missions Étrangères and of Saint Sulpice, were authorized under the Third Republic—their authorization dating from the First Empire and the Restoration. The Frères de la Doctrine Chrétienne were also recognized, not, however, as a religious congregation under the jurisdiction of the minister of public worship, but as a teaching body under that of the minister of education. All the great historical orders, preaching, teaching or contemplative, were “unauthorized”; they led a precarious life on sufferance, having as corporations no civil existence, and being subject to dissolution at a moment’s notice by the administrative authority. In spite of this disability and of the decrees of 1880 directed against unauthorized monastic orders they had so increased under the anti-clerical Republic, that the religious of both sexes were more numerous in France at the beginning of the 20th century than at the end of the ancient monarchy. Moreover, in the twenty years during which unauthorized Orders had been supposed to be suppressed under the Ferry Decrees, their numbers had become six times more numerous than before, while it was the authorized Congregations which had diminished. The bare catalogue of the religious houses in the land, with the value of their properties (estimated by M. Waldeck-Rousseau at a milliard—£40,000,000) filled two White Books of two thousand pages, presented to parliament on the 4th of December 1900. The hostility to the Congregations was not confined to the anti-clericals. The secular clergy were suffering materially from the enterprising competition of their old rivals the regulars. Had the legislation for defining the legal situation of the religious orders been undertaken with the sole intention of limiting their excessive growth, such a measure would have been welcome to the parochial clergy. But they saw that the attack upon the congregations was only preliminary to a general attack upon the Church, in spite of the sincere assurances of the prime minister, a statesman of conservative temperament, that no harm would accrue to the secular clergy from the passing of the Associations Law.

In January 1901, on the eve of the first debate in the Chamber of Deputies on the Associations bill, a discussion took place which showed that the rupture of the Concordat might be nearing the range of practical politics, though parliament was as yet unwilling to take it into consideration.

The archbishop of Paris, Cardinal Richard, had published a letter addressed to him by Leo XIII. deploring the projected legislation as being a breach of the Concordat under which the free exercise of the Catholic religion in France was assured. The Socialists argued that this letter was an intolerable intervention on the part of the Vatican in the domestic politics of the Republic, and proposed that parliament should after voting the Associations Law proceed to separate Church and State. M. Waldeck-Rousseau, the prime minister, calm and moderate, declined to take this view of the pope’s letter, and the resolution was defeated by a majority of more than two to one. But another motion, proposed by a Nationalist, that the Chamber should declare its resolve to maintain the Concordat, was rejected by a small majority. The discussion of the Associations bill was then commenced by the Chamber and went on until the Easter recess. Its main features when finally voted were that the right to associate for purposes not illicit should be henceforth free of all restrictions, though “juridical capacity” would be accorded only to such associations as were formally notified to the administrative authority. The law did not, however, accord liberty of association to religious “Congregations,” none of which could be formed without a special statute, and any constituted without such authorization would be deemed illicit. The policy of the measure, as applying to religious orders, was attacked by the extreme Right and the extreme Left from their several standpoints. The clericals proposed that under the new law all associations, religious as well as civil, should be free. The Socialists proposed that all religious communities, authorized or unauthorized, should be suppressed. The prime minister took a middle course. But he went farther than the moderate Republicans, with whom he was generally classed. While he protected the authorized religious orders against the attacks of the extreme anti-clericals, he accepted from the latter a new clause which disqualified any member of an unauthorized order from teaching in any school. This was a blow at the principle of liberty of instruction, which had always been supported by Liberals of the old school, who had no sympathy with the pretensions of clericalism. Consequently this provision, though voted by a large majority, was opposed by the Liberals of the Republican party, notably by M. Ribot, who had been twice prime minister, and M. Aynard, almost the sole survivor of the Left Centre. It was remarked that in these, as in all subsequent debates on ecclesiastical questions, the ablest defenders of the Church were not found among the clericals, but among the Liberals, whose primary doctrine was that of tolerance, which they believed ought to be applied to the exercise of the religion nominally professed by a large majority of the nation. Few of the ardent professors of that religion gave effective aid to the Church during that period of crisis. M. de Mun still used his eloquence in its defence, but the brilliant Catholic orator had entered his sixtieth year with health impaired, and among the young reactionary members there was not one who displayed any talent. At the other end of the Chamber M. Viviani, a Socialist member for Paris, made an eloquent speech. As was anticipated the bill received no serious opposition in the Senate. Though not in sympathy with the attacks of the Socialists in the Chamber on property, the Upper House had as a whole no objection to their attacks on the Church, and had become a more persistently anti-clerical body than the Chamber of Deputies. The bill was therefore passed without any serious amendments, even those which were moved for the purpose of affirming the principle of liberty of education being supported by very few Republican senators. In the debates some of the utterances of the prime minister were important. On the proposal of M. Rambaud, a professor who was minister of education in the Méline cabinet of 1896, that religious associations should be authorized by decree and not by law, M. Waldeck-Rousseau said that inasmuch as vows of poverty and celibacy were illegal, nothing but a law would suffice to give legality to any association in which such vows were imposed on the members. It was thus laid down by the responsible author of the law that the third clause, providing that any association founded for an illicit cause was null, applied to religious communities. On the other hand the prime minister in another speech repudiated the suggestion that the proposed law was aimed against any form of religion. He argued that the religious orders, far from being essential to the existence of the Church, were a hindrance to the work of the parochial clergy, and that inasmuch as the religious orders were organizations independent of the State they were by their nature and influence a danger to the State. Consequently their regulation had become necessary in the interests both of Church and State. The general suppression of religious congregations, the prime minister said, was not contemplated; the case of each one would be decided on its merits, and he had no doubt that parliament would favourably consider the authorization of those whose aim was to alleviate misery at home or to extend French influence abroad. The tenor of M. Waldeck-Rousseau’s speech was eminently Concordatory. One of his chief arguments against the religious orders was that they were not mentioned in the Concordat, and that their unregulated existence prejudiced the interests of the Concordatory clergy. The speech was therefore an official declaration in favour of the maintenance of the relations between Church and State. That being so, it is important to notice that