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VOL. I. PART II.



a



HISTORY OF THE
SOCIETY OF JESUS IN NORTH AMERICA

COLONIAL AND FEDERAL



HISTORY OF THE

SOCIETY OF JESUS IN NORTH AMERICA

COLONIAL AND FEDERAL

By THOMAS HUGHES, of the same Society
Royal 8z>o.

TEXT. Volume I., from the First Colonization, 1580, till 1645
With 3 Maps and 3 Facsimiles. 15^. net

DOCUMENTS. Vol. I. Part I., Nos. 1-140, 1605-1838
With 2 Maps and 5 Facsimiles. 2U. net

LONGMANS, GREEN, AND CO.

LONDON, NEW YORK, BOMBAY, AND CALCUTTA



HISTORY



OF



THE SOCIETY OF JESUS



IN



NORTH AMERICA

COLONIAL AND FEDERAL



BY



THOMAS HUGHES

OF THE S>AME SOCIETY



DOCUMENTS

VOLUME I PART II Nos. 141-224
(1605-1838)



COLLEGE LIB!
i (CHESTNUT HILL, M



LONGMANS, GREEN, AND CO.

39 PATERNOSTER ROW, LONDON
NEW YORK, BOMBAY, AND CALCUTTA

1910

AH rights reserved



15*370?






PREFACE

WITS this volume we dose our present contributions to the fund of
printed documents for the History of the Society of Jesus in North
America; and we return to finish the narrative text.

As the Preface introducing the preceding Part ivas meant for the
entire volume, we need do little more here than refer to it; merely
adding, with regard to the contents of this second Part, that the
documents of half a century, from the pens of contemporaries and
actors, arc a contribution to historical records not less important than
the complete body of history to be framed thereupon, and that their
significance is enhanced by the circumstances of time and place to which
they belong. The time was when the beginnings of so many modern
things were moulding themselves into shape; and the place was a
republic developing rapidly into the imperial proportions which it has
since assumed.

The founder of the American Catholic hierarchy is seen here under
a varied light never before shed on the person, character, and work of
Dr. John Carroll. As he writes and talks or is talked about, while he
is commended or criticized, his character, vital and moving, stands out
in relief with many traits of the substantial virtues which adorned
it, and with some shadows thrown upon it, as a necessary consequence
of contact with other men in the fitful changes of negotiation and
business. The uncertain and tentative interpretation of lime and
circumstance belonging to a formative period was not without its effect
on the application of principles adhered to by himself, or on his
criticism of principles adopted by others. A glance at the range of
subjects registered under his name in the Index will show the field of
his activity in thought and action as exhibited in this Part. Most
of the elements, no doubt, have reference to the Society of Jesus. But
their bearing in general is much wider.

The system which has been followed of combining in Numbers or



VI PREFACE

treatises all matter of a somewhat kindred nature, each of such sub-
ordinate members postulating a beginning, middle, and end of its own,
has entailed an amount of labour altogether out of proportion with
the mere sum of documents, however ample that may be. The series
advances, not by mere sequence of dates, but by many relations of
affinity, which arc cither explained by connecting commentaries and
notes, or are at least indicated by cross-references. This system has
been no bar to unity ; and it has yielded a distinct gain in variety. It
may perhaps merit a commendation which has been passed on the first
Part, that a work, nominally of documents, can be read " quite as an
independent book."

To mention some of the integral portions ivhich form the body of
this Part, we may point out the following : the period of Carroll's
career, when he was an ex-Jesuit among other ex-Jesuits in America,
and acted as Prefect Apostolic ; l the foundation of the See of
Baltimore in his person, and the temporalities expended on that Sec
by the Society to which he had belonged ; 2 the restoration of the Society
of Jesus, with the difficulties attendant till the canonical re-establish-
ment was fairly accomplisJied ; 3 the co-operation of Carroll with some
boards of business management ; 4 the origin and progress of a certain
" synodal article," which may be seen recorded in the Acts of Provincial
Councils ; 5 the manner in ivhich the Maryland Jesuits failed to escape
some untoward results of controversy, because they did not conform to
the principles and policy of the General ; 6 the parallel movement of
literary and ecclesiastical education at the commencement of the modern
era ; 7 the historical reconstruction of a character, sketched for purposes
of no trivial import in documents submitted to the Propaganda ; 8 the
action of a State Government in granting the demand of Catholic
ecclesiastics for corporate recognition ; 9 the doctrinal difficulties which
were occasioned by the unreligious character of the Federal Constitution,
and which seem to have unsettled, even with competent divines, the
conception of ecclesiastical right in the tenure of property. 10 In our
modern habits of thought, the last two points have lost all trace of their
original obscurity or difficulty, since the experience of a century has

1 Section IV.

- Nos. 160 ; 217, pp. 1129-1131.

3 Sections IV., V., especially No. 178.

1 Nos. 175-179.

5 Nos. 192, 193.

l! Page 1030; Nos. 211,212, 218, 219.

7 Nos. 170, 174, 175.

8 Nos. 161, 162.
3 Nos. 164-169.

10 No. 197.



PREFACE Vll

fixed the delimitation and definition of old ideas in a new political
world.

TJie main thread on which the series of documents is strung may
rightly appear to be of much less consequence than many a precious
bead strung upon it. That thread, as was explained sufficiently in the
Preface to the first Part, is a controversy running through the whole.
The printing of bi'iefs by its promoters, the distribution of documents
in many archives, and the publication of statements, have forced upon
the notice of history the fact, the character, and the conduct of that
controversy. A duty of revision has been imposed with a necessity
somewhat more imperious than one of the actors pleaded at a certain
stage : Dura igitur rnihi incurnbit necessitas aperto ore dicere veri-
tatem. 11 Another duty imposed has been that of a candour in criticism
much less equivocal than what is implied elsewhere : Ce n'est pas en
verite sans une sorte de honte que j'ai repondu a ces arguties
scholastiqu.es. 12 If the interests of history are to be served, or the
course of error stemmed, we may not ignore what we do not like, nor
need we blush at old sheets which blush not, nor are we at liberty to
retire with the instinct of self-preservation from facing that which
we fear.

A cursory glance at a chance document which seems to be grave and
important might, if the control of other papers be overlooked, give rise
to impressions entirely at variance with the truth. On the value of
isolated papers, where unconscious ignorance or interested indolence
supersedes a critical judgment, we have formulated our critico -ethical
views in an Epilogue at the end of this Part. 13

On the other hand, such a cursory glance at some document seem-
ingly unimportant may have occasioned the notion, which some one has
expressed with respect to the previous Part, that in such a compre-
hensive publication there must necessarily be " swept in things of little
value" We consider, however, that, to be of little value, things should
have to be gathered in as mere fragments ; but that, if they are parts
of a whole, they may be of little value, or they may not be. No mosaic
was ever laid, nor any palace ever built, save with the help of little
things, such as glasses, bricks, stones ; which, taken by themselves, are of
little value, or of none. But, put in their places, they give expression to
the design, or form and solidity to the house ; and so are of great value.
Nor are they " swept in," when their place calls for them, and they are
put in their place.

11 Part I. p. 427. 12 Ibid., p. 473.

13 Pages 1157-1159.



Vlll PREFACE

As to the relevancy nowadays of many an incident, or of circum-
stances which gave occasion to many a document, the fugitive nature of
the occasion or the event detracts not in the least from the value of
documents which found their origin there. It was a concern of the
writers, if they took slight occasions to pen papers of no light signifi-
cance ; just as it is an affair of the reader to discern, in the 'particular
joints and members which make up the structure of history, what is the
extent of the bearings on Church, State, hierarchical orders, modes of
procedure, and the rectification of traditional notions. In any case,
history is not a question of nowadays, as if the past should be present,
or else some journalistic interest is not aroused ; its interest is that of
shedding light on the present from the past, recording good deeds, and
obviating the repetition of errors.

The origin and sources of all these documents having been amply
explained in the general Introduction prefixed to the first volume of
Text, there is nothing special to add. Everything was obtained where
the citations indicate. If depositories were private, they were used only
after express permission had been received in writing, and that in
answer to an express request for such use in the service of a History to
be published on the Society of Jesus in North America. In illustration
of this point, we mention the written permissions received for consulting
the Baltimore Diocesan Archives, which were then used somewhat
slightly for purposes of verification, and for a similar reference to the
Westminster Diocesan Archives, which, failing to meet the needs of
verification, nevertheless furnished some new matter.

We take pleasure in making our sincere acknoivlcdgmcnts for the
revision and self-sacrificing labour bestowed on these two Parts by a
most competent critic in America, who, while withholding his judgment
as to the matter produced, has extended his approbation to the critical
form of the documents edited.

An Index to the two Parts is appended at the end of this.

THE AUTHOR.
ROME,

COLLKGIO P. L. AMERICANO,
December S, 1909.



CONTENTS OF PART II

PAGE

Preface

SECTION IV

REORGANIZATION DURING THE SUPPRESSION, 1773-1792
12. PROVISIONAL ORGANIZATION TO PRESERVE THE PROPERTY, 1773-1789

No.

141. The fact and form of Suppression, 1773 601

142. Inaction during ten years, 1773-1783 608

143. Carroll's plan of organization, (1782) 609

144. Carroll's views : his correspondence, 1783-1788 615

145. The Select Body : organization of ex-Jesuits, 1783, 1784 617

146. The Chapter Form of Government, 1784-1805 619

147. Jesuit rights to the property : uses considered legitimate, 1784-1786 . 625

148. Current business at the Chapter, 1784 630

149. Carroll and Rome ; reports to the Propaganda, 1784-1786 632

150. The Chapter of 1786; the English ex- Jesuits, 1786-(1811) .... 637

151. School, bishopric, and incorporation, 1786 665

152. Opposition : diverging interests, 1787 668

153. The title of ownership during the Suppression : discussion, 1787 . . . 673

154. The agreement, without conditions, 1787 679

155. The revival of the Society projected, 1788, 1789 682

156. The Chapter of 1789; the incoming American clergy, 1789, 1790 . . 685

157. The Chapter and the bishopric, 1789, 1790 692

158. The Chapter and the Academy, 1789 695

159. The Chapter and incorporation, 1789 696

Facsimile of the Act of Submission, 1774 To face 607

13. THE SEE OF BALTIMORE AND THE JESUIT ESTATES, 1789-1815

160. Carroll's Declaration on the ex-Jesuit property, 1790 698

161. Ashton, reputed occasion of Carroll's Declaration, 1791 700

162. Ashton, a remote occasion of Marechal's claims, 1792-1815 .... 701
Facsimile of Carroll's Declaration, 26 May, 1790 To face 699

14. THE LEGISLATURE AND THE CORPORATION, 1792-1808

163. The beneficiaries in equity, 1792 720

164. Act of Assembly, Maryland : the charter, 23 Dec., 1792 722



X CONTENTS OF PART II

No. PAGE

165. Act of Assembly: confirmation of the Corporation, 28 Jan., 1806 . . 726

166. Acts of Assembly : enlargement of powers, 1808, 1894 730

167. Declarations of Walton, Molyneux, and Ashton, 3 Oct., 1793 .... 732

168. The constituent meeting, i'ultilling conditions, 4 Oct., 1793 .... 737

169. The name of the Corporation ; Trustees, 1793-1820 741



SECTION V

TilE ENDOWMENT OF RELIGION, 1792-1822
15. THE SELECT BODY AND GENERAL RELIGIOUS INTERESTS, 1792-1822

170. Provision for the Sulpicians : Bohemia and Georgetown, 1792-1802 . 744

171. Tessier, S.S., on the ex- Jesuit benefactions, 1792-1805 763

172. Membership in the Select Body of the Clergy, 1793-(1810) .... 768

173. Pensions and aids, 1794-1800 771

174. Seminarians : support of diocesan students, 1800-1802 776

175. The Seminary, St. Mary's College, Baltimore, and Georgetown, 1802-1815 778

176. Pensions and aids, 1801, 1802 804

177. Pensions and aids, 1803-lcS05 810

178. Carroll's policy ; a concordat projected, 1800-1815 813

179. Pensions and aids, 1805-1815 867

180. Pensions and aids, 1816-1820 882

181. End of the eleemosynary administration ; Keuney; 1820-1822 . . . 895

182. Expropriation announced, Nov., Dec., 1822 905

183. Rebuttal by the Corporation, 1822, 1823 906

184. Reviews of the period, 1792-1822; ecclesiastical and mensal .... 911



SECTION VI

CONCORDATS

16. MARYLAND AND MISSOURI, 1798-1830

185. Jesuit stations : the occasion for concordats, (1798)-1817 927

186. Agreement between Carroll and Molyneux, 20 Sept., 1805 .... 928

187. J. G. Shea on the Agreement : his data and inferences 933

188. Carroll's preliminaries to the L. Neale-Grassi Concordat, 1814, 1815 . 941

189. The Neale-Grassi Concordat, 3 Apr., 1816 948

190. The ecclesiastical status in general, 1817-1822 955

191. Fate of the Concordat : Marechal's views, 1819-1821 965

192. The "synodal article "of 1810: origin and progress, 1810-1820 . . 969

193. Jurisdiction and Jesuit government: the "synodal article," 1819, 1820 1001

194. Dubourg and the Jesuits : the Indian missions, 1816-1821 .... 1008

195. Marechal on Missouri : prejudice done to Maryland, 1823, 1824 . . 1016

196. The Upper Louisiana Concordat, 19 Mar., 1823 ; Missouri, 1823-1830 1021
Facsimile of the Carroll- Molyneux Agreement, 20 Sept., 1805 To face 928



CONTENTS OF FART II XI

SECTION VII

CRITIQUE AND SEQUEL
17. DOCUMENTS IN THE PROPAGANDA, ETC.

NO. PAQE

197. Civil and ecclesiastical 1031

198. Legal titles : divergent views, 1818-1824 1042

199. Presumptive title of the See of Baltimore, 1822, 1823 1044

200. Gradwell and Poynter : an English controversy in America, 1820-1822 1047

201. Grad well's agency for Marechal, 1821-1824 1050

202. Card. Fesch in the controversy, 1822 1054

203. Compromise : conditions offered by the General S. J 1056

204. Card. Fesch's concordat ; the General's criticism, June, 1822 .... 1058

205. The Papal Brief, 23 July, 1822 1066

206. Contributions to the controversy ; the Government U.S., 1822-1824 . 1070

207. Brent, Ironside ; Marechal and the Government, 1824-1826 .... 1073

208. The Roman College funds ; impropriation for Baltimore, 1823-1825 . 1079

209. Marechal and Kohlmann, 1826 1088

210. The Fesch-Marechal documents printed for the Propaganda, 1822-1826 1089

211. Last session of the Propaganda : the settlement, 1826 1090

212. Official documents ending the controversy, 1826 1095

213. The new claims : initial steps, 1827 1099

214. Whitfield and Gradwell, 1828 1104

215. Whitfield and Wiseman : the new agency in Rome, 1828-1834 . . . 1111

216. Eccleston and Wiseman : end of the agency, 1834, 1835 1118

217. Eccleston, McSherry, and Mulledy : end of the new claims, 1835-1838 1120

218. Temporalities and reputation ; jurisdiction over regulars, 1829-1837 . 1132

219. Anti-Corporation documents, (1826) 1136



APPENDIX
ANALOGIES

220. England : the interposition of Government, 1814-1829 1139

221. Ireland: analogy with the Maryland property question, 1776-1816 . 1148

222. Scotland: property of the Mission S.J. after suppression, 1773-(1816) 1153

223. Canada: act of incorporation, 1887 1154

224. The Suppression of the Society juridically ignored, 1836 1155

INDEX 1161



SECTIONS II.-VIL (continued]

DOCUMENTARY EXCURSUS, NARRATIVE AND

CRITICAL



ON



JESUIT PROPERTY AND ITS USES

1633-1838
COMPRISING THE PERIOD OF SUPPRESSION AND RESTORATION



SECTION IV

REORGANIZATION DURING THE SUPPRESSION,

1773-1792

12. PKOVISIONAL ORGANIZATION TO PRESERVE THE PROPERTY,

1773-1789

Allusion lias been made above to an organization set on foot, after the
Suppression of the Society. Its object was to save the property
from dissipation and malversation, keeping it for religious pur-
poses, and restoring it to the Society when the Order should be
restored. The origin and progress of this plan and its execution,
with reference to the Societas resurrectura the juridical
rights or canonical equity involved, as well as the final accom-
plishment of the purpose will determine the order of documents
in the following Sections. While the series presented are intended
to be complete and exhaustive without needless repetitions, the body
of history developed and many elements which do not belong to the
property question are reserved for their own volume of Text.

No. 141. 1773.

The fact and form of Suppression, 1773. In 1773 the Society of Jesus
was formally suppressed by Pope Clement XIV. The brief was
officially communicated to Bishop Challoner, who then had charge
of North America as well as of the London district, England.
Directions were given him, with regard to taking over the Jesuit
property. Dr. Challoner received accounts on this head from
Father Thomas Talbot, last procurator of the Society in London,
and from Father Thomas More, last Provincial of the old Society
in England. The steps, which Challoner (infra, C, D) declared
to the Propaganda ought to be taken with regard to this English
property, applied perfectly to America. His measures were
absolutely negative, in the sense of leaving all things as they stood.

Thirteen years later (1786), at the second meeting of the Maryland
Chapter of ex- Jesuits, a retrospective vi&w was taken of the policy
VOL. I. 2 R



602 tfo. 141, A, B. THE SUPPRESSION, 1773 [IV



had been followed by ecclesiastical authorities at the earlier
date. The reason for this review was the question which then had
arisen, whether the property of the Society suppressed might be
employed in part for the establishment of Georgetown College.
We give some official documents of 1773, and then an extract from the
Maryland document of 1786, reviewing the antecedent course of
events.

A. 1773, August 25.

Joseph M. Card. Castelli, Prefect of the Propaganda, Stephen Borgia,
Secretary, Rome, 25 Aug., 1773, to Bishop Challoner, Vicar Apostolic of the
London district. Directions as to secularizing and employing the ex-Jesuits.

Giving orders relative to the members of the late Institute, . . . ut eos ad
statum Presbyteri saecularis illico ainplectendum compellas. Quo tamen
id possis commodius perficere, S. haec Congregatio quasdam proposuit
rationes et media, quae Summus Pontifex benigne probavit, ut patet ex
adjuncto epistolio. 1. If the members of the late Society submit fully and
sincerely, they may be left in the places where they are. 2. Ways indicated
of obtaining the signatures to the declaration of submission, cujus postea
documentum authentice factum atque signatum ad nos mittet, una cum
rei totius gestae relatione. . . . Quae omnia et singula haec pro Angliae
Regno statuta et declarata ad colonias etiam Americanas, quae tuo sub-
sunt regimini atque jurisdiction!, extendit. Atque hie Deum precor ut
Amplitudinem Tuam diu sospitem atque incolumen servet. . . .

In three successive weeks, we have three very pertinent letters of Dr.
Challoner either to the Propaganda direct, or for the same Con-
gregation through his agent. The first contains a statement
relative to the Jesuits in America, which contrasts strangely with
the subject of the other two. The letter of 10 Sept., 1773, states
that the American Jesuits are edifying missionaries) a commenda-
tion which he proceeds to withhold from other priests at that time
in the West Indian islands. His two next letters, those of 17
and $4, Sept., proceed to treat of suppressing these edifying
missionaries along with their brethren in England. As a literary
curiosity we shall give the one pertinent sentence of the Jirst in the
elliptical style of writing, used by Challoner in his drafts.

B. 1773, September 10.

Challoner, London, 10 Sept., 1773, to the Propaganda.
. . . Hid solnimdo de statu rlgois Oath, in illis rgioib 9 ex aliorum
relatione didcm 9 qd in Amrcae sptntrionalis provinc Marlndia et Penslv.



i 2 ] No. 141, C. THE SUPPRESSION, 1773 603

Cathorum mlta sunt mllia sb 16 ccrtr miss ri . is Jts. qi suaru gregu morb 9
bonum praebn exmlu sd [?] ab Epo illuc admttndo [?] abb rent [?] 1 . . .

The letters of the next two weeks we take from an Italian translation,
supplied by Challoner s agent to tlie authorities in Rome. The
first, of 17 Sept., gives a summary of Father Talbot's business
accounts, in which, amid so many losses and encumbrances of late
origin, the assets are now practically reduced to the personal
annuities of individuals, reserved to them from their patrimonies.
Tlie second letter, dated 24 Sept., deriving the information which
it contains from Father More, late Provincial, presents their credit
under a brighter aspect, but at the same time their debit under one
proportionately darker. Challoner gives it as his oiun opinion,
that it were better not to touch the property of the Jesuits, but to
leave things as they are. He describes the mode of procedure
adopted for obtaining from these ex-Jesuits individually the acts
of submission required, in virtue of which they accepted their new
status as secular priests under the immediate authority of the
bishops. But as to the ex-Jesuits in America, he says, they are
very far off; there is no bishop on the ground ; nor even a priest
of a different Order from their own.

C. 1773, September 17.

Challoner, London, 17 Sept., 24 Sept. (infra, D), 1773, to Ms agent
(Christopher Stonor), Rome.

Copia di due lettere di Monsignor Riccardo Chaloner Vescovo Deboren.,
e Vicario Apostolico a Londra, scritte al suo agente a Roma in lingua
inglese, e dal medesimo tradotte in italiano.

Prirna lettera in data delli 17 settembre, 1773.

CJialloner's embarrassment on the subject of faculties enjoyed by the
ex-Jesuits, who, he states, are necessary to him.

As to property : In quanto alle domande di sua Eminenza relative
agli effetti ed alle possessioni della provincia inglese, questi sigiiori non
sono troppo inclinati ad informarci di questi particolari. II Signer Talbot
... mi dice . . . che quel, che li rimane qui, si riduce a quello che si
e potuto risparmiare da i livelli, che molti de'loro confratelli si sono
riservati sopra i beni patrimonial! delle case loro. Other particulars.

1 " All that we have learnt from the relation of others about the state of religion in
those parts is, that in the provinces of Maryland and Pennsylvania of North America
there are many thousands of Catholics, under about 16 Jesuit missionaries, who set a
good example to their flocks, but who do not want a bishop at all." Cf. T. Hughes,
S.J., American Ecclesiastical Review, xxviii. 23-41, The Sacrament of Confirmation
in the old Colonies.



604 No. 141, D. THE SUPPRESSION, 1773 [IV

Per quel che riguarda il secondo quesito, sono del vostro sentimento,
che il meglio sarebbe di impiegare i loro beni ed efietti, nella stessa
maniera come prima, almeno in quanto questo si potra combinare con il
loro stato presente; essendo cosa certa, che la nostra Missione non puol
essere sufficientemente proveduta di soggetti, senza il loro aiuto. The
Jesuit college at Liege should be preserved and continued as it is.

D. 1773, September 24.

Seconda lettera del medesimo Vescovo al detto suo agente, in data delli

24 settembre, 1773.

He has already answered the letter of 25 Aug. about Jesuit temporalities.
On conversing icith the Provincial, More, he finds the assets to be still
considerable. On the other hand the financial obligations are great : Ma
poi i loro debiti ed i pesi, che hanno da soddisfare, sono molti e gravi.
In questo genere si devono contare le pensioni vitalizie, che essi si sono
obbligati di pagare a diverse persone, le quali gli avevano dato il loro
danaro per questo eflfetto. Tali sono le provisioni ben dovute a quelli



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