This report examines how green growth and sustainable development policies can be incorporated into structural reform agendas. Indeed, as demonstrated in the report, many of these policies are closely linked and synergistic with the framework policies applied by G20 governments in their efforts to pursue strong and sustainable growth. The report, has been prepared in response to the request from G20 Finance Ministers and Central Bank Governors in their communication of 25-26 February 2012 that asked the Organization for Economic Co-operation and Development (OECD), with the World Bank and the United Nation (UN), to prepare a report that provides options for G20 countries on inserting green growth and sustainable development policies into structural reform agendas, tailored to specific country conditions and level of development. The report will be an input to the G-20 leader's summit in Los Cabos and provides a toolkit of policy options from which countries may draw-upon when designing their own green growth strategies. The G20 development working group has also tasked the International Organizations with the development of a non-prescriptive toolkit of policy options to support inclusive green growth in the context of sustainable development and poverty eradication in developing countries.
This report provides an overview of the municipal debt market as it exists and has evolved over the past ten years. It provides an assessment of trends and patterns from both bank and bond sources covering all types of municipal governments. The overall objective of the work is to assess the regulatory environment pertaining to municipal borrowing in the country and to generate recommendations to improve this in a manner which expands municipal access to private debt finance while ensuring that risk is appropriately allocated and properly priced. More particularly, this report: 1) outlines the need and rationale for expanding access to credit finance on part of municipalities in India; 2) provides an overview of the existing municipal debt market; 3) provides an overview of the chief characteristics of the regulatory environment pertaining to municipal borrowing in India, places the existing regulatory system in international context, and outlines a suggested overall direction for reform; and 4) provides specific recommendations to improve the regulatory regimes over which the state and union governments have respective control.
This paper attempts to use network theory, drawn from recent work in sociology, engineering, and biological systems, to suggest that the current crisis should be viewed as a network crisis. The author surveys the concepts of networks, their defining characteristics, applications to financial markets, and the need for supervision and implications for national and global governance. Then, author briefly examines the current financial crisis in the light of the network analysis and surveys the recent reforms in financial regulation and architecture. The paper concludes with an analysis of the policy implications of network analysis.
How hospitable will the global environment be for economic growth in the developing world as we come out of the present financial crisis? The answer depends on how well the author manage the following tension. On the one hand, global macro stability requires that we prevent external imbalances from getting too large. On the other hand, growth in poor nations requires that the world economy be able to absorb a rapid increase in the supply of tradable produced in the developing world. It is possible to render these two requirements compatible, but doing so requires greater use of explicit industrial policies in developing countries, which have the potential of encouraging of modern tradable activities without spilling over into trade surpluses. The 'price' to be paid for greater discipline on real exchange rates and external imbalances is greater use (and permissiveness) towards industrial polices.
Despite an abundance of cross-section, panel, and event studies, there is strikingly little convincing documentation of direct positive impacts of financial opening on the economic welfare levels or growth rates of developing countries. The econometric difficulties are similar to those that bedevil the literature on trade openness and growth, though if anything, they are more severe in the context of international finance. There is also little systematic evidence that financial opening raises welfare indirectly by promoting collateral reforms of economic institutions or policies. At the same time, opening the financial account does appear to raise the frequency and severity of economic crises. Nonetheless, developing countries continue to move in the direction of further financial openness. A plausible explanation is that financial development is a concomitant of successful economic growth, and a growing financial sector in an economy open to trade cannot long be insulated from cross?border financial flows. This survey discusses the policy framework in which financial globalization is most likely to prove beneficial for developing countries. The reforms developing countries need to carry out to make their economies safe for international asset trade are the same reforms they need to carry out to curtail the power of entrenched economic interests and liberate the economy's productive potential.
The world faces unprecedented opportunities to reduce global poverty and improve human welfare. Strong global growth and better economic policies in recent years have substantially reduced poverty in many developing countries. However, with the recent financial turmoil in the United States and rising prices for food, oil, and other commodities, the world economy faces heightened risks and volatility. Policymakers around the world face the challenge of maintaining momentum in growth, as well as of improving the quality of growth. This concern over quality is reflected in the highly uneven reduction in poverty, rising inequality in numerous countries, and widening environmental degradation during the past decade, a period of unprecedented high economic growth in developing countries. Unless these issues are confronted, gains from growth are likely to be undermined and the pace of growth, itself, will not be sustained. Growth is clearly linked to reductions in poverty. But the strength of this relationship depends on the quality or nature of growth. Various studies show that some growth patterns systematically reduce poverty and inequality, but others do not. And some growth patterns lead to underinvestment in human capital, overexploitation of natural resources, and degradation of the environment, patterns inimical to the sustainability of growth.
One of the most contentious issues of globalization is the effect of global economic integration on inequality and poverty. This article documents five trends in the modern era of globalization, starting around 1980. The first trend is that growth rates in poor economies have accelerated and are higher than growth rates in rich countries for the first time in modern history. Developing countries per capita incomes grew more than 3.5 percent a year in the 1990s. Second, the number of extremely poor people in the world has declined significantly. The share of people in developing economies living on less than dollar 1 a day has been cut in half since 1981, though the decline in the share living on less than dollar 2 per day was much less dramatic. Third, global inequality has declined modestly, reversing a 200-year trend toward higher inequality. Fourth, within-country inequality in general is not growing, though it has risen in several populous countries (China, India, and the United States). Fifth, wage inequality is rising worldwide. This may seem to contradict the fourth trend, but it does not because there is no simple link between wage inequality and household income inequality. Furthermore, the trends toward faster growth and poverty reduction are strongest in developing economies that have integrated with the global economy most rapidly, which supports the view that integration has been a positive force for improving the lives of people in developing areas
Over the past dozen years, policymakers have largely abandoned long-standing popular approaches for addressing risk in agriculture without fully resolving the question of how best to manage the negative consequences of volatile agricultural markets. The article reviews the transition from past policies and describes current approaches that distinguish between the trade-related fiscal consequences of commodity market volatility and the consequences of price and production risks for vulnerable rural households and communities. Current policies rely more heavily on markets, even though markets for risk are incomplete in numerous ways. The benefits and limitations of market-based instruments are examined in the context of risk management strategies, and innovative approaches to extend the reach of risk markets are discussed.
The article documents five stylized facts of economic growth: (1) the 'residual' (total factor productivity, tfp) rather than factor accumulation accounts for most of the income and growth differences across countries; (2) income diverges over the long run; (3) factor accumulation is persistent while growth is not, and the growth path of countries exhibits remarkable variation; (4) economic activity is highly concentrated, with all factors of production flowing to the richest areas; and (5) national policies are closely associated with long-run economic growth rates. These facts do not support models with diminishing returns, constant returns to scale, some fixed factor of production, or an emphasis on factor accumulation. However, empirical work does not yet decisively distinguish among the different theoretical conceptions of tfp growth. Economists should devote more effort toward modeling and quantifying tfp.
Abstract: Transcription of Utah International shareholder's meeting to finalize the merger with General Electric. The meeting took place December 15, 1976. Speakers are Edmund Littlefield (EL), Bruce Mitchell (BM), Charles Travers (CT), and seven unknown speakers labeled by number as they appear. Also, when the audience speaks as a group, it is labeled All. This document is transcribed verbatim, with a few changes included to provide clarity. December 15, 1976 Transcript: EL: I see we are playing to a packed house and I would like to suggest that there is a whole row of seats down here in the front that we would be glad to have you come use. Well good morning ladies and gentlemen, would the meeting please come to order. Welcome to this special meeting of the shareholders of Utah International, called for the purpose of considering the proposed merger with the General Electric Company. I am Edmund W. Littlefield, Chairman of the Board and Chief Executive Officer. On my left are Alexander M. Wilson, President and Chief Operating Officer and Director, and Bruce T. Mitchell, Secretary of the company. It is my privilege to introduce to you the other members of our board of directors who are here today, Alf E. Brandon, Senior Vice President of the company; Val A. Browning, Chairman of the Board, Browning; Thomas D. Dee, Vice President of First Security Bank, Ogden, Utah; William R. Hewlett, President of Hewlett-Packard Company; J. B. Ladd, President of Ladd Petroleum Corporation, a subsidiary of the company; Arjay Miller, Dean, Graduate School of 2 Business, Stanford University; Paul L. Wattis Jr., President of Wattis Construction Company; and last and certainly by no means least, a gentleman who's served on this board for fifty-six years, Marriner S. Eccles, former President and Chairman of the Board of the company and now Honorary Chairman of the Board. [Applause] Thank you. These gentlemen, together with the two of us on the platform, who you met earlier, constitute the Board of Directors. Unfortunately, Ernest C. Arbuckle, Chairman of the Board of Wells Fargo Bank and our host for this meeting is unable to be with us today. Fred J. Borch, George Eccles and Bill Kimball are also unable to be with us. Ernie, unfortunately, is undergoing some surgery at this time. We also have with us today representatives of Arthur Anderson, our auditors, Pillsbury Madison and Suite our counsel, and Lehman Brothers and Dean Company, and our investment brokers are also present here today. I now ask the secretary to report on the notice of the meeting, the presence of a quorum, and other matters relating to this meeting. BM: Mr. Chairman, there are available the following documents: 1) A list of the stockholders of Utah International Inc. as of the close of business on October 29, 1976 being the stockholders, entitled to notice of and to vote at this special meeting. 2) An affidavit of the company's transfer agent to the effect of written notice of the special meeting was mailed to each stockholder entitled to vote more than twenty days before the date of the meeting as required by Delaware general corporation law. 3) A signed registration of all stockholders and proxy holders 3 present at the meeting. Management proxies received and other proxies who are personally present represent more than the majority of 31,540,032 shares of stock entitled to vote at the meeting, and constitute a quorum for the transaction of business. This meeting is accordingly properly called and constituted, and is empowered to proceed as a special meeting of the stockholders of Utah International Inc. EL: Thank you, the Board appoints Mr. J. B. Nelson and Mr. Swineheart of Utah International Inc. and Mr. Dennis Conco of the Crocker National Bank, inspectors of election to inspect assigned proxies and credentials presented to the meeting and to conduct a voting to receive and count the votes and to determine the results of the meeting. In the notice of the Special Meeting in the attaché proxy statement, the only item of business to be considered by the stockholders is a proposal for the adoption and approval of the agreement in plan, the reorganization and agreement of merger as amended by which Utah International Incorporated will become a wholly owned subsidiary of General Electric Company. The secretary is requested to submit the resolution which has been prepared for this purpose. BM: Mr. Chairman, the resolution is as follows: resolved that the merger of G. sub of Delaware Inc. with an end to this corporation as set forth in the agreement and plan of reorganization dated as of April 1, 1976; as amended by an amendment dated as of August 13, 1976, attached are annex one and annex two respectively, and the agreement mergers set forth as exhibit A to said annex one to the proxy statement dated October 29, 1976, and mailed to stockholders of record at the 4 close of business on October 29, 1976. Also included are the terms and conditions of the purposed agreement and plan of reorganization as amended, along with the agreement of the merger, providing among other things, for this corporation to become a wholly owned subsidiary of General Electric Company, and the mode of carrying such terms and conditions into effect; as well, the manner and basis of converting the shares of common stock of this corporation into shares of common stock of General Electric Company, as therein provided be and hereby are, approved. 1: Mr. Chairman, I'm a stockholder and I would like to move the adoption to resolution. EL: Thank you. Is there a second? 2: Second. I hereby second the motion. EL: Thank you. It has been moved and seconded that the resolution which the secretary has read be adopted. The affirmative vote of a majority of the outstanding shares of the corporation will be required to carry the motion and adopt the resolution. Before opening the matter for general discussion, I would like to make some comments. This is a special meeting of the shareholders of Utah International Incorporated. It is special in two ways, first in the statutory sense in that it is not a regular annual meeting, but calls specifically to consider and act upon the merger of Utah and General Electric. It is also special in the sentimental sense in that it is destined to be the last public held meeting of this fine company whose antecedents go back to January 1900, when its 5 predecessor was incorporated with six shareholders. When the business of the day is done, Utah International will be merged with a single shareholder. General Electric has of record some 529,000 shareholders, Utah 23,000. These are located in fifty states and in many foreign countries. The actual number of shareholders is far greater. For often the shareholder of record is a broker or trust department of a bank acting as a nominee for many, many shareholders. You received a rather weight proxy statement. If the proxy material required and printed for the Utah and General Electric shareholders meetings today were stacked one on top of the other the pile would be over three and a half miles high. If the individual pages were laid end to end these would cross the continental United States three and three-quarter times. The proxy statement contains, and it's a hundred and seventy-six pages, considerable detail of the terms of the merger, historical financial and operating information of both companies, formal statements of the merge company and other information which the Board of Directors of the respective companies and or the Securities and Exchange Commission deem pertinent and appropriate to put before the shareholders so they may arrive at an informed decision. The merger has been recommended by each Board of Directors. It has been examined on Utah's behalf by the investment banking firms of Lehman Brothers Incorporated and Dean Whitter and Company Incorporated. Each of whom has expressed the opinion that the exchange ratio is fair and equitable to the shareholders of Utah. The same information has been put before the shareholders of General Electric, who met today, this morning, in Stratford, 6 Connecticut at 9:30 AM eastern standard time and they have approved the merger. The Utah shareholders have also considered the merger, and the company is in receipt of proxies representing over 86% of the shares issued and outstanding. The proxies have been instructed how the shares are to be voted and as a consequence, the outcome of the voting on the proposals before us has already been determined and from a practical standpoint, nothing we can say or do here will in fact change that. Even though the outcome is ordained I have no intention of conducting these proceedings in a perfunctory manner. Many of us in this room have devoted most of our working lives to the furtherance of the fortunes of Utah International and we come to today's proceedings with mixed emotions. We recognize and stipulate that it is in the best interest of the Utah shareholders and its employees, that over the years we have given much of our substance into making this company what it is today. We are proud of our handy work and I believe properly so. We do not intend to let this moment pass into history, without noting these accomplishments and recording the concerns that caused us to believe that a merger between these two great companies would serve the best interests of the shareholders of each. Let's pick up the story twenty years ago when the company had 257 shareholders, some 2,400 employees and gross revenues less than 43 million dollars of which 76% was derived from performing contract construction. The stock was traded over the counter at a book value of $1.12 a share and trade from a low of $1.18 to a high of $1.51. That year the company earned 4.2 million dollars or 16 ¢ a share, and paid a dividend of 4.9 ¢ a share. With that as a 7 starting point let us examine the progress that has been recorded. Gross revenues grew, not always steadily, but over the years have climbed to over 944 million in the last fiscal year. The composition of these gross revenues has changed as the nature of the company has changed. Until we sold our heavy construction assets in 1969, construction was the major source of gross revenues. With the sale of construction assets to 1969, and the dredges in 1971, mining became and remains overwhelmingly the dominant business of the company. Gross revenues from land development have been on the decline. More recently through the acquisition of Ladd Petroleum and other companies, gross revenues from oil and gas have become a significant item. As our business grew, so have our earnings, from the 4.2 million earned in 1956, earnings have risen to 178.8 million dollars the past year and have set record highs in each of the last 12 years. In only three out of the last twenty years have earnings been lower than the preceding year. Earnings have increased from 16 ¢ in '56 to $5.67 this year and the dividend has gone from 4.9¢ to $1.15 this year. As the company grew and prospered the stock was listed on the New York Stock Exchange. As you can see the number of shareholders has increased very substantially. Inevitably, death and taxes forced the estates of some of the long time shareholders to bring shares to the market. The company sold convertible debentures to obtain funds for expansion and conversion of these debentures, and our merger with Lucky Mc, Ladd Petroleum and LVO have also contributed to the increase in the number of shareholders. There has been some modest decline in the number of shareholders since the acquisition of LVO in 1974, but 8 today we still have almost 100 times as many shareholders as we did twenty years ago. The increase in the number of employees required the conduct growing business of the company has not tracked the change in either gross revenues or net income. Construction is a labor intensive activity, while mining is capital intense. Our employment peaked in 1958 at 12,000, dropped sharply when we sold our heavy division assets, but has gradually expanded as the company's mining activities have grown rapidly. Our mineral sales backlog was insignificant twenty years ago, and even ten years ago was only about a sixth of its' size today. Nevertheless, the creation of the mineral sales backlog was and is an important aspect of Utah International's character and one that distinguishes it from most other mining companies. Very frankly, when we were embarking upon the rapid expansion of our mining business, we had neither the capital, nor the credit to finance the growth at the pace we wished to pursue without resorting to forward sales of new production to strengthen our credit. We made a virtue out of a necessity and today Utah's mineral sales backlog has grown from a modest 1.1 billion dollars in '66 to 6.1 billion dollars today. 96% of this backlog is represented by long term contracts with escalation clauses protecting against future cost changes. It was the existence of this backlog which in considerable measure excited investor interest in the shares of Utah International and caused the price of the stock to increase dramatically over the years. From a low of a $1.18 in 1956, the stock has closed at a higher price than the preceding year in sixteen out of the last twenty years, including the $65 price of the stock on October 31 the close of this 9 last fiscal year. In the early years, the stock sold close to its' book value. Again, in the early years, price earnings ratios on the stock were also modest, generally below twelve times the earnings. As the investing public came to realize the growth, earnings and the qualities of those price earnings ratios rose and remained for several years in excess of twenty times earnings, until the last few years, when investors have not been willing to accord so high a multiple for Utah shares, nor in fact for virtually shares of all other growth companies. Those who have invested in Utah shares and maintained faith in its management and its future have fared well. Earnings have grown at the compound rate of 19% for the last twenty years, 23% for the last fifteen years, 28% for the last ten years, and a startling 37% for the last five years. If you had invested a thousand dollars in the stock in 1956, you would have received in the interim dividends of $4,291, and the stock would have appreciated to $42,900. If you had made the same investments, but reinvested your dividends in Utah shares at the last price for each of the ensuing years, your $1,000 investment would have been worth $69,800 at the close of fiscal 1976. While I have not attempted to research the matter thoroughly, certainly there are few, if any, companies who have served their shareholders so well and so consistently in a period measured in five year, ten year, fifteen year or twenty year spans. Why then would a company who has so outstanding a record consider a merger even with the best of companies? The reason lies in the changing nature of the company's business and the source of its profits, present and prospective. Twenty years ago the company derived 87% of its' gross revenues from North 10 America, Later, even though we were heavily involved in contract construction outside North America, our gross revenues were well balanced for most of the time during the last twenty years. Ten years ago, only 8% of our mining revenues came from outside of North America, but this has been changing drastically in the last six years. As the next slide shows, 1976 witnessed 74.3% of the gross revenues earned outside North America and only 25.7% within North America. All of our land development and oil and gas gross revenues are earned within North America, but today only 22% our mining gross revenues are earned within North America and only 13.6% in the United States itself, far more significance, in my view, than the source of gross revenues or the sources of gross profit and other income. In the remarks that follow, I shall refer to this income account category simply as gross profits, but please consider it includes income from affiliates, joint ventures and partnerships as well as the gross profit earned by the parent company and its subsidiaries. This figure has grown from 8.7 million dollars in '56 to over 353 million dollars this past year. In the earlier years, the share provided by affiliate companies like Marcona and Cypress Pima, joint ventures and partnerships was a significant factor in the total. Reaching a high of 51% in 1967, but earnings from these sources have not been significant the last two years, dropping to a half of 1% in 1975 and actually producing the loss of 9 million dollars in 1976, the decline being primarily the result of the ill fortunes that have befallen Marcona. Mining has become increasingly the source of the company's gross profit. As you can see, ten years ago in 1966, mining contributed 31% of 11 the total of 22.7 million dollars gross profit, while in 1976 it contributed 344.7 million dollars or 97% of the gross profit and other income of 353.7 million dollars. However, it is not the concentration of gross profit and mining that so concerns us as it is the concentration of mining gross profit in a single commodity in a single country. Let's compare gross profits in '66 with those of '71 and those of '76. The well diversified business we enjoyed in '66 and indeed even in '71 has given way to a growing concentration of earnings from coal. Not only was our business increasingly concentrated in coal, but the earnings potential was increasingly concentrated outside North America. Earnings from North American sources provided 56.4% of gross profits in 1966. This has followed the 7.7% in 1975 and 14.2% in 1976 when the sharp increase in uranium increases did boost North American income. However, this trend toward increasing concentration of earnings from metallurgical coal produced in Australia is likely to continue for two probable reasons. The first indication is found in the mineral sales backlog which total 6.1 billion at the close of '76 with 71.3% of this related to future production outside of North America and 69.3% represented by metallurgical coal. The second reason this trend is likely to continue comes because of the undeveloped reserves that we have in hand. Certainly, one of the companies most promising investment prospects is the new metallurgical coal mine called Norwich Park in Australia, and we have abundant other coal reserves in the Queensland area that can and should be developed in the future using both surface and underground mining methods. Pursuit of our most promising prospect will make Utah less 12 diversified rather than more diversified and more dependent on Australia for the major share of its' gross profits and its' futures growth. I repeat that this concentration of mining was not in our view in and of itself alarming, but the composition of the mining gross profit and the concentration coking coal produced in a single country, and so primarily is a raw material for the steel industry in Japan and Europe, was too much concentration of risk for our company standing alone to bare. We cannot, and we should not, be so dependent on either a single commodity or single country no matter how solid either or both now appear. The attitude of the Australian government when the Labor Party was in power was a matter of extreme concern to us and this concern was no doubt deepened by having Marcona's assets in Peru expropriated by the government. We have great confidence in the people and political institutions of Australia and in the present government, and we are proceeding to increase our investment there because we have the coal reserves to do so and an attractive investment opportunity. However, with this abiding faith in Australia, in our view, this concentration of earning power in a single country and in a single mineral is too great a risk to be born alone, either by the shareholders of Utah or the employees of Utah whose livelihood while employed or in retirement are necessarily deeply affected by the fortunes of Utah International. This concern about the concentration of Utah's earning power was evidently shared by the investment community, which no longer was willing to assign a price earnings ratio of twenty-six to twenty-seven times earnings that prevailed in 1971, 1972 and 1973, but dropped the ration to 13.9% in 1974 and 13 to 13.3% in 1975. Thus we found ourselves faced with a paradox of having both our earnings and our dividends sharply increasing and the price of our shares flat and failing to respond. Certainly in these circumstances it seems only prudent to seek diversification of this risk. There were two broad courses that could be pursued. The first was to go on an aggressive acquisition program and seek to acquire other companies. This course of action posed considerable peril. First, the magnitude of the assignment was mind boggling, even if we were to attempt to reduce the risk to say roughly 50% and on the assumption that we could acquire other companies at ten times the earnings, we were faced with the necessity of attempting to acquire in short order, assets of around 1.5 billion dollars. Obviously, any effort to do this in the mining field would very quickly bring us under attack from the Federal Trade Commission or the Department of Justice. This in turn meant that we had to seek these investments outside the field of our expertise and in areas of business we knew little or nothing about. We were almost certain to make mistakes along the way. All in all the prospects of trying to diversify by a series of acquisitions seemed an unpromising and even perilous course to follow. The other broad path to diversification was to seek merger with a company already diversified, but the company had to be large enough to digest a 2 billion dollar bite. This narrowed the field. There are indeed companies larger than General Electric, but none so well diversified nor in my view so ably managed. 14 The risks that were of concern to Utah International standing alone were not the least unreasonable to take when the assets of General Electric and Utah were combined. General Electric is one of the largest and most diversified industrial corporations in the world. It is engaged in well over a hundred different businesses and in most of these it occupies a leading position in the market it serves. These businesses range from consumer items to capital goods, from fairly simple and well known technologies to the most advanced technologies required for aerospace and the jet age. While General Electric operates in more foreign countries than does Utah, its' business is far more oriented to the domestic market, and the merged company will be nicely balanced between domestic and foreign operations. There will be no undue concentration of merged company. Out of the merger, the Utah shareholders will in my view be exchanging the prospect of a faster rate of growth with its attendant risks in exchange for greater diversification, higher yield, and a premium on their shares as the other parties to the bargain. The General Electric shareholders will acquire assets with earning power and potential for growth that would indicate an increase in General Electric's earnings per share, entering into the natural resource business giving GE still further diversification and what I believe to be, although my views are obviously biased, the best mining organization and the best mining company in the world, each of the parties to the bargain is benefited. It is the biggest merger ever undertaken and I am confident that history will prove it to have been the best. 15 Before entertaining discussion of the motion that is before us, I would like now to introduce to you the principle officers of the company who are with us today and whose labors are responsible for the record of accomplishments that I have presented to you. First, Edwin C. Demoss, Senior Vice President Manager of Mining Division and newly named President of Lucky Mc Uranium Corporation, Ed Demoss; Keith G. Wallace, Senior Vice President Manager of Australia Division; John S. Anderson, Vice President Manager of Domestic Coal Operations: James T. Curry, Financial Vice President and Treasurer; W. Drew Leonard, Vice President of Corporate Purports and Internal Audit; Ralph J. Long Vice President Manager of Australian Operations; Charles K. McArthur, Vice President Manager of Metal Mining and newly named Manager of Mining Division; Boyd C. Paulson, Vice President Manager of Construction Services; M. Ian Ritchie, Vice President of Technical Services and newly Manager Operations Lucky Mc Uranium Corporation; Robert O. Wheaton, Vice President Manager of Exploration. Thank you. Nor would the list be complete without acknowledging that there are others in the audience that have made great contributions, but who are now retired. Let me ask those that I have spotted here to stand and be recognized: Albert L. Reeves, formerly Senior Vice President Secretary of the Director of the company, Albert; Orville Dykstra, Financial Vice President; Joseph K. Allen, Vice President; Weston Bourret, Vice President; and Charles Travers, Vice President. Thank you very much, and now the chair will entertain the discussion of the motion and will be pleased to answer such questions as we can regarding the purposed merger. Are there questions or discussions? If there is no 16 discussion of the resolution, if not the matter will… the meeting will proceed to vote upon the motion to approve the purposed merger with General Electric. 3: Mr. Chairman? EL: Yes? 3: Would you describe the status of the attitude of the federal government towards this motion? EL: What we did was to put the matter before the Department of Justice and asked in advance for their approval under the business advisory clearance procedure. While it was sometime in coming, it was forthcoming. To meet the concerns they expressed about it, Utah has agreed and has put its uranium assets in a separate subsidiary company that is now called Lucky Mc Uranium Corporation. When the merger becomes effective, the voting stock of that the company will be put in the hands of five independent voting trustees who will see to it that the company will elect the board of that company, and see to it that that company's affairs are conducted in a way that does not help GE in such things as the sale of its nuclear aspects. That company is not allowed to sell uranium to GE, but from the standpoint of the government we think we are completely in the clear. Any other questions? If not, any stockholder who is present who has not executed a proxy should raise his hand in order that the inspectors of election may give him a ballot, which he may now cast. If you have sent in your proxy you need not cast a ballot unless you wish to do so. Are there those that would like to vote in person? One here, one there, Boyd, one up here too. Boyd, 17 there's two in the back of the room, three. Will the inspectors of election proceed to collect the ballots? Those who have ballots would you raise them when they are completed so they can be picked up? Thank you. Over here Boyd. If the ballots are all collected would you please advise us of the inspectors report? Are you ready to speak to that? John, there's another one up here. You will bring them to me and I'll read the numbers, right. BM: Mr. Chairman? EL: Mr. Secretary? BM: The inspectors report that more than 27,147,464 shares of common stock of the company were voted in favor of the resolution and that not more than 200,456 shares of common stock were voted against such resolution. Accordingly, the purpose merger has been approved. When the exact number voted for and against the resolution has been ascertained, the inspectors will execute a certificate setting forth such number. EL: Thank you Mr. Secretary. We have acted on the business that was to come before the meeting. Is there any other business to come before the meeting? CT: Mr. Chairman, I would like to present a resolution at this meeting of these shareholders. My name is Charles Travers, I am a stockholder and I retired from the company. You've heard the view from the top. I think now maybe you ought to get the view from the ranks. The view from the top had to necessarily be 18 austere, maybe Mr. Chairman I can be a little more lighthearted. I started at Utah about twenty-four years ago. Mr. Littlefield hired me. I remembered the office in San Francisco as a very small office, very small and compact and you had to go in the front door, which was the only entryway, and there was a row of offices on your left as you walked in. Those were the executive offices. Mr. Littlefield's office was the first office as you came in the door and he assigned me an office down at a sharp right angle off the main corridor. I also remember as a young fellow reading Horatio Alger's book, Ragged Dick, and in that book the way it said to get ahead in business, one of the ways at least, was to get to the office early and beat the boss in if you could. Well I found that was a very difficult task at Utah. You had to go through the front door and Mr. Littlefield always kept his door open, his light on. The first morning was a Monday morning and I got in about ten minutes ahead of time. I think our starting time was 8:15, but Mr. Littlefield said hello to me as I came in the door. We went on through that week. I got my time narrowed down a little more each day. By Wednesday, I was down to five minutes to 8:00 and on Friday I got there at twenty minutes to 8:00 and Mr. Littlefield said good morning to me every time I came in the door. So that weekend I figured out that there was a better way to do this and I'd get in real early and I'd beat him to the punch. So on Monday morning, I got there twenty-five minutes past 7:00, I walked in the door and the office was dark there was no light on, the door was open and Mr. Littlefield was not there. So I went to my office and at 8:15 I came sauntering down figuring now this is where I get my punch line. He's going to see me going out the door, he's 19 there and I say hello to him this time first. I looked in, the light was on, but Mr. Littlefield wasn't there. So I walked over to his secretary and said, "Where is Mr. Littlefield?" and he said, "Oh, he went to Chicago." [laughter] He left on the seven o'clock train. With all that due diligence I figured we ought to get ahead pretty fast some way or the other. And so I waited for my first year. You had to be in the Utah profit sharing plan one year in order to get your first statement. I waited my first year and I got my first statement. I have it here with me and I'd like to tell you that the date of it is December the 15th 1954. That's exactly twenty-two years ago to this day and here is what it says, extract: "Seasons greetings. Utah Construction Company retirement plan based on profit sharing, December 15, 1954. Dear fellow employee, your account in the retirement plan based on profit sharing on October 31, 1954 stood as follows: balance on October 31, 1953, zero. Added during the year by income, zero. So October 31, 1954, zero. And then it says during 1954, the net profit earned did not reach the levels your profit sharing permits. Your company would be required to make a contribution to the plan." And then it says, "Despite the fact that it is not required to do so, your company through its management is desirous of sharing with you a portion of the profits earned during 1954. To accomplish this, the board has approved a contribution of $50,000." Then it says, "we're going to try to get the IRS approval for that, and if so we will contribute the $50,000 to your fund, but if not we'll have to pay your share in cash. If the amount is received by you in cash, you will have to pay income taxes on it. Your share of the $50,000 contribution would be $201.75." I was beginning 20 to think that Horatio Alger wasn't right after all, $201.75 for getting in all those first eighteen months at 7:30 in the morning didn't seem fair to me, but nobody quit. I didn't, management didn't. About three weeks ago, I received this news release from the company in the mail, it's dated as of December 3, 1976 and here's what it says in the first few lines: "Utah International Inc. reports record earnings for fiscal 1976, San Francisco. E. W. Littlefield, Chairman of the Board, reported today that Utah International earned $178,821,000 or $5.67 per share. This fiscal year ended October 31, 1976." We have come a long way since those days in 1954. But Utah had more than profits. It had the forward look. My view from the ranks runs something like this: Utah's profit sharing and incentive plans were way ahead of their time back in those days. Mr. Littlefield, to my knowledge, had a rare understanding of the corporations standing in the social structure, what the corporation's obligations were to society. Utah's mine lands were restored to better than what nature had them long before that became a primary concern of many people in the United States. Utah's mining operations were conducted on a basis of we'll go sell the merchandise and then we'll get the production and that reduced the risk very greatly. Even today, Utah's section on environment stands out as a very aggressive and important function that helps to finish the project properly in the eyes of the people of this country. Well, I could go on and spend many more minutes saying that, but I think it's time now for me to present my resolution and I would like to do that. Mr. 21 Chairman, I will give you a copy of the resolution so you will have it for the record and I would like to read the resolution. EL: Thank you, Charlie. CT: The resolution says resolve about the stockholders of Utah International Inc., meeting for the last time as public shareholders in San Francisco, California on this 15th day of December 1976, do hereby express their gratitude and sincere appreciation to Edmund W. Littlefield, Chairman of the Board and Chief Executive Officer; Alexander M. Wilson, President and Chief Operating Officer and the Director; Marriner S. Eccles, Honorary Chairman; and to all the officers, directors and employees of Utah International Inc. for their devoted services in behalf of the shareholders. 4: Mr. Chairman, I move the resolution. EL: Thank you, Mr. Travers. I must say Charlie, you always speak well, but you don't speak briefly. [laughter] I think that comes from attending too many meetings of Town Council in Alameda. The motion has been presented to the shareholders, is there a second? Thank you, I must say that those of us at this end of the room, I'm sure have an abiding faith and agreed with its sentiments, but since we do not control the vote. I will put it to vote. All those in favor please say aye. All: Aye 22 EL: Opposed? Thank you. Thank you very, very much. And thank you Charlie. [applause]. There's no other business, the proposed merger has been approved. I thank you. Excuse me. 5: On behalf of all of the stockholders, I wish to thank all of the officers and directors of Utah International for having worked so well for us. I also think at this time, it would be appropriate to bow our heads in silence for one minute in memory of E. O. Wattis who was founder of Utah International and also for all of those who worked and lost their lives to make the company what it is today. Amen. EL: If you would amend that to include all of the founders the chair will entertain it. On the assumption that it is so included, we will so do. Thank you. With the merger approved and not further business, I'll entertain that motion to have the meeting adjourned. 6: I'll back the motion. EL: Thank you, is there a second? 7: Second. EL: All those in favor, please say aye. All: Aye. EL: Opposed? Thank you, the meeting is adjourned. ; This is a myriad of items throughout the UC/UI collection. It includes the minutes of the stockholder's meetings with both Utah International and General Electric, correspondence, a reel-to-reel tape of the merger meeting and the official merger documents. ; 4.25 x 6.5 - 8.5 x 11 in. handwritten or typed on paper ; Reynolds Securities Inc. Transamerica Pyramid 600 Montgomery Street San Francisco, Calif. 94111 Telephone 983-8000 Members New York Stock Exchange, Inc. and other leading exchanges Main Office 120 Broadway New York, N. Y. 10005 December 13, 1976 Mr. Edmund W. Littlefield Utah International 550 California Street San Francisco, Ca. 94104 Dear Ed: I regret that I will be unable to attend the meeting Wednesday because I will be in the East for a Directors meeting. This is an occasion that I hate to miss, but I am sure that many of your other happy stockholders will be there. Sincerely, Gerry Gerald F. Brush GFB: 1c
Article by Morris Arnold on the Arkansas Legal System during the Colonial Period. ; THE ARKANSAS COLONIAL LEGAL SYSTEM, 1686-1766 Morris S. Arnold* Except for the silence of its final letter, there is nowadays nothing very French about Arkansas. Yet before the American takeover in 1804 the great majority of the European inhabitants of the area presently occupied by the state were of French origin. There is s9me visible proof of this in the names, many now mangled beyond e:asy recognition, which eighteenth-century voyageurs and coureurs de bois gave to a good many Arkansas places and streams; 1 and there are, as well, a number of Arkansas townships which bear the names of their early French habitants .2 While these faint traces of a remote European past survive, absolutely nothing remains of the laws and customs which the ancient residents of Arkansas observed. This is no accident. It was a favorite object of Jefferson to introduce the common law of England into the vast Louisiana Territory as quickly as he could. In the lower territory he waited too late. New Orleans had had a large French population and a somewhat professionalized legal system for some time, and the civilian opposition, given time to congeal, proved to * Ben J. Altheimer Distinguished Professor of Law, University of Arkansas at Little Rock. B.S.E.E. 1965, LL.B. 1968, University of Arkansas; LL.M. 1969, S.J.D. 1971, Harvard Law School. This article is the first chapter of Professor Arnold's book, UNEQUAL LAWS UNTO A SAVAGE RACE: EUROPEAN LEGAL TRADITIONS IN ARKANSAS, 1686-1836, which will be published later this year. l. See generally Branner, Some Old French Place Names in the State of Arkansas, 19 ARK. HIST. Q. 191 (1960). The etymology of some of these names is difficult and interesting. Who would guess very quickly, for instance, that Smackover in Union County is Chemin Couvert (covered road) in disguise? Id. at 206. Tchemanihaut Creek (pronounced 'Shamanahaw") in Ashley County is a good deal easier: Chemin a haut (high road) must have been its original name. Its initial letter, one local historian has plausibly suggested, is probably attributable to "a misguided attempt to derive the name from the Indian language." Y. ETHERIDGE, HISTORY OF ASHLEY COUNTY, ARKANSAS 17, 18 (1959). Other names should on sight be instantly intelligible to a modern Parisian, though their current pronunciation might cause him consternation: Examples are the Terre Rouge (red earth) and Terre Noire (black earth) Creeks in Clark County, the L 'Angui!le (eel) River in northeast Arkansas, and La Grue (crane) township in Arkansas county. 2. Vaugine and Bogy Townships in Jefferson County, Darysaw (Desruisseaux) Township in Grant County, and Fourche La Fave (Lefevre) Township in Perry County are good examples. 391 392 UALR LAW JOURNAL [Vol. 6:391 have sufficient muscle to win a partial victory.3 As a result, as to substantive civil matters the state of Louisiana is today a thoroughly civilian jurisdiction. In the upper territory, however, by a piecemeal process beginning in 1804, the English common law was insinuated into the legal system, until, in 1816, it was at last adopted virtually wholesale by the General Assembly of the Missouri Territory.4 The purpose of this article is to explain why civilian legal institutions proved so weak in Upper Louisiana and especially in Arkansas. It turns out that the smallness and character of the European population in Arkansas was the main cause for the vulnerability of European legal norms there. The reception of the common law in Arkansas was simply one element in a more general exchange of cultures which occurred following the Louisiana Purchase. I At ten o'clock on the morning of March 12, 1682, Robert Cavalier, sieur de la Salle, having been commissioned four years earlier by Louis XIV of France to explore and take possession of the Mississippi and its tributaries, drew near the Quapaw Village of Kappa. The village was located on the right bank of the Mississippi River about twenty miles north of the mouth of the Arkansas. From the war chants emanating from the Indian town, La Salle judged that he was in for a hostile reception; so he hastily constructed a "fort" on an island opposite the village and awaited developments. Soon, however, the Quapaw chief sent the calumet of peace, and La Salle and his men went to Kappa where they were received with every possible demonstration of affection both public and private. Asked by the Quapaws for help against their enemies, La Salle promised that they could thenceforth look for protection to the greatest prince of the world, in whose behalf he had come to them and to all the other nations who lived along and around the river. In return, La Salle said, the Quapaws had to consent expressly to the erection in their village of a column on which His Majesty's arms were to be painted, symbolizing their recognition that he was the master of their lands. The Indians agreed and Henry de Tonti, La Salle's lieutenant 3. See generally G. DARGO, JEFFERSON'S LOUISIANA: POLITICS AND THE CLASH OF LEGAL TRADITIONS (1975). 4. 1 LAWS OF A PUBLIC AND GENERAL NATURE, OF THE DISTRICT OF LOUISIANA, OF THE TERRITORY OF LOUISIANA, OF THE TERRITORY OF MISSOURI, AND OF THE STATE OF MISSOURI, UP TO THE YEAR 1824, ch. 154 (1842). 1983) COLONIAL LEGAL SYSTEM 393 and commandant of one of the two brigades in the company, immediately caused the column to be fashioned. On it was painted a cross and the arms of France, and it bore these words: Louis the Great, King of France and of Navarre, rules. 13th of March, 1682. Tonti then conducted the column with all the French men-at-arms to the plaza of the village, and, La Salle taking up a position at the head of his brigade and Tonti at the head of his, the Reverend Father Zeno be Membre sang the hymn 0 crux, ave, spes unica. The company then went three times around the plaza, each time singing the psalm Exaudiat te Dominus and shouting vive le roy to the discharge of their muskets. They then planted the column while repeating the cries of vive le roy, and La Salle, standing near the column and holding the king's commission in his hand, spoke in a loud voice the following words in French: On behalf of the very high, very invincible, and victorious prince Louis the Great, by the grace of God, King of France and of Navarre, the fourteenth of this name, today, the 13th of March, 1682, with the consent of the nation of the Arkansas assembled at the village of Kappa and present at this place, in the name of the king and his allies, I, by virtue of the commission of His Majesty of which I am bearer and which I hold presently in my hand . , have taken possession in the name of His ffi.ajesty, his heirs, and the successors to his crown, of the country of Louisiana and of all the nations, mines, minerals, ports, harbors, seas, straits, and roadsteads, and of everything contained within the same . . . . After more musket-firing and the giving of presents the Indians celebrated their new alliance throughout the night, pressing their hands to the column and then rubbing their bodies in testimony to the joy which they felt in having made so advantageous a connection. Thus did France gain sovereignty over and ownership of Arkansas. The reason that we know all these details and more about La Salle's activities in Arkansas is that he had requested, and received, from Jacques de la Metairie, the notary who was in his company, a lengthy proces-verbal describing the events at Kappa and officially attesting their occurrence.5 This was Arkansas's first exposure to civilian legal processes. It would be almost 150 years before the influence of the civil law ceased to make itself felt there. 5. 2 P. MARGRY, DECOUVERTES ET ETABLISSEMENT DES FRAN<;:AIS DANS L'0UEST ET DANS LE SUD DE L'AMERIQUE SEPTENTRIONALE, 1614-1754 (1881). 394 UALR LAW JOURNAL [Vol. 6:391 II Arkansas Post was the first European establishment in the lower Mississippi valley. It was first located about twenty-seven miles by river from the mouth of the Arkansas on the edge of Little Prairie at what is now called the Menard Site. (See Figure 2). Settled in 1686 by six tenants of Henry de Tonti to whom La Salle in 1682 had granted the lower Arkansas as a seignory, 6 it was to serve as an Indian trading post and as an intermediate station between the Illinois country and the Gulf of Mexico.7 Tonti's plans for the place had been large indeed. In 1689 he promised the Jesuits to build a house and chapel at the Arkansas and to grant a resident priest a sizeable amount of land; while there, Tonti confidently asserted, the priest could "come and say mass in the French quarter near our fort."8 No priest in fact established himself during Tonti's ownership of the Arkansas and his French quarter and fort never materialized. When in an undated grant of land to Jacques Cardinal, one of his men at the Post, Tonti styled himself seigneur de ville de Tonti (lord of the town of Tonti),9 he was in the grips of an excessive enthusiasm. There is no evidence that the European population of the place ever exceeded six. In fact, when Joutel arrived there in 1687 there were only two Frenchmen remaining in residence; 10 and the single log house he descpbed is apparently the only structure ever erected at Tonti's Post. Joutel remarked of Tonti's two traders that "if I was joyous to find them, they participated in the joy since we left them the wherewithal to maintain themselves for some time." Indeed, he said, "they were almost as much in need of our help as we of theirs." He ridiculed the whole idea of a post at that location. "The said house," Joutel noted sarcastically, "was to serve as an 6. See Faye, The Arkansas Post ef Louisiana: French Domination, ;26 LA. HIST. Q. 633, 635-36 ( 1943). 7. Such was the view of Father Douay, a Jesuit who described Tonti's post in 1687. See M. THOMAS, THE ARKANSAS POST OF LOUISIANA, 1682-1783 (M.A. Thesis, University of California, 1948). 8. Tonti's grant to the Jesuits is quoted in 1 M. GIRAUD, A HISTORY OF FRENCH LOUISIANA 8 (J. Lambert trans., 1974). 9. The grant is translated in THE FRENCH FOUNDATIONS 396 (T. Pease & R. Werner eds., 1934). 10. Faye, supra note 6, at 735. 1983] COLONIAL LEGAL SYSTEM Henry de Tonti, lieutenant of La Salle. He founded Arkansas Post in 1686 and in the late seventeenth century styled himself seigneur de ville de Tonti. He was the first European to possess judicial authority in Arkansas. (Courtesy of the Museum of the History of Mobile). 395 396 UALR LAW JOURNAL · [Vol. 6:391 entrepot [way-station] for the French who travelled in these parts, but we were the only ones whom it so served." 11 Short of supplies and virtually inaccessible, the tiny outpost never prospered. The war with the Iroquois closed the route to Canada and made trade to and from Arkansas impossible much of the time until 1693.12 By 1696, Jean Couture, Tonti's lieutenant and commandant at the Post, had deserted to the English, 13 and in 1699 Jesuit missionaries to the Quapaws found no trace of a French settlement. 14 By then the French had evidently abandoned the Arkansas, though there may have remained behind a "few white savages thereabouts as wild as red savages." 15 However grandiose and ambitious had been the schemes of Tonti, they would soon come to seem tame. In 1717 the Mercure de France, a Paris newspaper, began advertising the riches of Louisiana to its readers: Gold and silver could be mined there "with almost no labor." The mountains situated on the Arkansas River would be explored, and there, one correspondent exuded, "we shall gather, believe me, specimens from silver mines, since others already have gathered such there without trouble." When Cadillac sensibly protested that "the mines of the Arkansas were a dream" he was promptly committed to the Bastille "on suspicion of having spoken with scant propriety against the Government of France."16 The man behind the propaganda campaign was John Law, a Scot, who owned a bank in Paris and who had in 1717 succeeded in securing for his Compagnie d'Occident a monopoly on Louisiana trade. Law's company recruited thousands of colonists to settle in Louisiana and the king granted it authority to grant land from the 11. Joutel Remarques sur /'Ouvrage de Tonti Re/at(( a la Louisiane ( 1703), Archives Service Hydrographique (Paris), vol. 115-9, no. 12 (Typescript in Little Rock Public Library). The translation in the text is mine. 12. Faye, supra note 6, at 638. 13. IBERVILLE'S GULF JouRNALS 144 at n.98 (R. McWilliams ed. 1950). 14. 18 COLLECTIONS OF THE WISCONSIN HISTORICAL SOCIETY 427, at n.37 (1908). 15. Faye, supra note 6, at 646. See also I M. GIRAUD, supra note 8, at 8: "When d'Iberville reached the Mississippi [i.e., in 1699] the post had been abandoned." Some writers are reluctant to say that the Arkansas was completely devoid of Europeans at this time. See, e.g., P. HOLDER, ARCHAEOLOGICAL FIELD RESEARCH ON THE PROBLEM OF THE LOCATIONS OF ARKANSAS POST ARKANSAS 4 (1957): "The French occupation of the general area along the lower courses of the Arkansas and White Rivers was virtually continuous from the 1680's onward." The truth is that the sources simply fail to mention any Europeans in Arkansas, except Jesuit missionaries, between 1699 and 1721. It is, however, hard to resist believing that a few hunters and trappers ventured from time to time into the area and established temporary camps there. Almost certainly no real settlement existed however. 16. Faye, supra note 6, at 653. 1983] COLONIAL LEGAL SYSTEM 397 Royal domain. Proprietors of the company's land grants (concessionaires) were given considerable latitude in choosing the spots for their settlements, since the interior of Louisiana was not well known; and they therefore exercised much discretion in locating their colonists on arrival. 17 However, the company early on had recognized the Arkansas River as an important spot, since it was thought that it might well be the best route to the Spanish mines of Mexico. Thus the company specifically directed where the Arkansas concession should be located and ordered that it be the first occupied. 18 It granted this concession to Law himself. In August of 1721, a group of Law's French engages (perhaps as many as eighty) took possession of land on Little Prairie at or near the site of Tonti's abandoned trading post. 19 (See Figure 2). Although Law was by then bankrupt and had fled France, the news did not reach Louisiana until after Jacques Levens, Law's director in Louisiana, had caused the Arkansas colony to be established under the command of some of his subordinates.20 By December of that year Bertrand Dufresne, sieur du Demaine, replaced Levens as director for Arkansas, and in March of 1722 he took possession of the concession and began an inventory of its effects and papers.21 On his arrival he found only twenty cabins and three arpents (about 2.5 acres) of cleared ground. He reported a total of about fifty men and women resident,22 tristes debris, Father Charlevoix called them,23 of Mr. Law's concession. They had produced only an insignificant harvest. Lieutenant la Boulaye was nearby with a military detachment of seventeen men.24 (See Figure 1). Despite the existence of a company store at the Arkansas concession, both the colony and the military establishment were in considerable difficulty.25 Dufresne therefore immediately released twenty of the engages from service and gave them lots to cultivate in the hopes that a better harvest of corn and wheat would be realized in 1722. In February of the following year there were only forty-one colonists remaining, divided now into two small farming communi- 17. 4 M. GIRAUD, H!STOJRE DE LA LOUISIANE FRANc_;;AISE 198 (1974). 18. Id. 19. Id. 20. Id. at 199. 21. Id. at 271. 22. Id. at 272. 23. 6 P. CHARLEVOIX, JOURNAL D'UN VOYAGE FAIT PAR ORDRE DU Roi DANS L'AMERIQUE SEPTENTRIONNALE 164 (1744). 24. 4 M. GIRAUD, supra note 17, at 273. 25. The following paragraph is based on Id. at 273-74. 398 UALR LAW JOURNAL [Vol. 6:391 ties: Fourteen men and one woman at Law's concession under Dufresne, and sixteen men, some with families, two leagues down the river with the troops. Among this latter group there lived six black slaves. 26 Benard la Harpe, while exploring the river in 1721, had predicted, or at least hoped for, a turn in the fortunes of the struggling colony, but that hope proved false and in 1727 Father Paul du Poisson, the Jesuit missionary to the Arkansas, reported that only about thirty Frenchmen remained behind.27 The military post had been abandoned two years previous. 28 Village des Arcan~as ---N Poste francais commande par le S. la Boulaie 0 - - - -, ·: ·Concession de M. Law I I L. --- ' MISSISSIPPI Figure 1 Sketch of the location of Law's colony by Dumont de Montigny,Archives Nationales, Paris, 6 JJ-75, Piece 254. All this seemed worth recounting in some detail because for generations historians of Arkansas have believed that a colony of Germans once occupied their river. Law did recruit many Germans for settlement in Louisiana, and they were destined for the Arkansas, but as soon as the news of Law's bankruptcy reached the colony 26. Recensement General des Habitans Estab!ys,,.SoteJouy Arkansas et d~s Ouvrier~ ~e la Concession cy devant Apartenant a M. Law, 18 February, 1723. (Transcnpt at Lomsiana History Center, Louisiana State Museum, New Orleans). 27. Du Poisson to Father___, translated in Falconer, Arkansas and the Jesuits in 1727-A Translation, 4 PUBLICATIONS OF THE ARKANSAS HISTORICAL ASSOCIATION 352, at 375 (1917). 28. Faye, supra note 6, at 670. 1983] COLONIAL LEGAL SYSTEM 399 in June of 1721, the Compagnie des Indies took over the direction of his concession;29 and when the time arrived to transport the German immigrants to Arkansas, the company, in an economy move, decided instead to send them to Delaire's grant in Lower Louisiana.30 In short, none of Law's Germans ever reached Arkansas. This is a pity, as the prospect of discussing, or at least imagining, a group of German immigrants living under French law on the Arkansas River was an intriguing one--one of which the facts have now unfortu-nately deprived us. · III Before 1712, the colony of Louisiana, with a population of only a few hundred, had been entirely under military rule and regular civil regulation was altogether lacking. On September 19, 1712, the Crown granted a trade monopoly to Antoine Crozat but he was given no governmental authority: As Henry Dart noted, the charter was "only an operating contract with the duties of government retained in the Crown."31 However, the charter did adopt as law for the colony "nos Edits, Ordonnances Et Coutumes Et !es usages de la Prevoste Et Vitf/omte de Paris--our edicts, ordinances, and customs, and the usages of the Provostry and Viscounty of Paris."32 The Coutume, despite its name, was actually a small code of some 362 titles first reduced to writing in 1510,33 and treating both substantive and adjective law. It was itself terse, indeed epigrammatic; but the commentary on it by the time of its adoption in Louisiana was voluminous. 34 Annotated versions of the Coutume were therefore very popular in France and in time they found their way to Louisiana.35 Also in 1712, by a separate instrument, a new and important institution was created for the colony, the Superior Council of Louisiana. 36 Modelled on the governmental arrangements already in 29. 4 M. GIRAUD, supra note 17, at 216. 30. Id. at 248. 31. Dart, The Legal Institutions of Louisiana, 3 SOUTHERN LAW Q. 247 (1918). This article also appears in 2 LA. HIST. Q. 72 (1919). 32. The charter is printed in 4 PUBLICATIONS LA. HIST. Soc. 13, at 17 (1909). 33. For a precis of its provisions, title by title, see Schmidt, History ef the Jurisprudence of Louisiana, l LA. L. J., no. l, l (1841). 34. The most useful eighteenth-century commentary is C. FERRIERE, CoMMENTAIRE SUR LA CouTUME DE LA PREVOTE ET VICOMTE DE p ARIS. It is available in several editions. 35. Dart, The Law Library ef a Louisiana Lawyer in the 18th Century, 25 REPORTS OF THE LOUISIANA BAR ASSOCIATION 12, at 22 et seq. (1924). 36. See Dart, supra note 31, at 249 et seq. See also, for some discussion of the work of this body, Hardy, The Superior Council in Colonial Louisiana, in FRENCHMEN AND FRENCH 400 UALR LAW JOURNAL [Vol. 6:391 place in other French colonies, the Council had original and exclusive jurisdiction to decide disputes arising anywhere in Louisiana. It consisted of the Lieutenant General of New France; the Intendant of the same; the Governor of Louisiana; a first councilor of the king; two other councilors; the attorney general; and a clerk. Judgments in civil cases required the concurrence of at least three members and in criminal cases at least five. The Council was originally created to exist for three years, but on September 7, 1716, it became by virtue of a Royal Edict a permanent institution.37 In 1717 a fundamental change occurred in the government of Louisiana. In that year Crozat, having lost an enormous sum under his operating charter, surrendered it, and John Law's Compagnie d'Occident was given a monopoly over trade in the colony. In addition, unlike Crozat's company, the Compagnie d'Occident was granted extensive governmental authority: It had the power to appoint the Superior Council, to name governors and military commandants, and to appoint and remove all judges. The charter also provided that "Seront tous !es juges Etbalis en tous !es d. Lieux tenus de juger suivant !es Loix Et ordonnances du Royaume Et se Con-former a la Coutume de la prevoste Et Vicomte de Paris. . . ."; that is, that "all the judges established in all the said places shall be bound to judge according to the laws and ordinances of the realm, and [shall also be bound] to conform to the customs of the Prevostry and Viscounty of Paris."38 This portion of the charter obviously provided for the reception of general French legislation and the Custom of Paris. In addition, it has been shown that subsequent French legislation, as soon as it was registered in the colony, and the legislation of the Superior Council itself, formed part of the body of colonial Louisiana law.39 The subsequent French legislation was of three distinct sorts: (a) general legislation; (b) special colonial legislation; ( c) colonial legislation passed specifically for Louisiana. 40 Two years later we hear for the first time about inferior courts for outlying portions of the colony. On September 12, 1719, the king noted the need to appoint persons to act as judges "to facilitate w A YS IN THE MISSISSIPPI v ALLEY 87 (J. McDemott ed., 1969); Micelle, From Law Court to Local Government: Metamorphosis of the Superior Council of French Louisiana, 9 LA. HIST. 85 (1968). 37. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 21-23 (19CS). 38. Id. at 48. 39. Baade, Marriage Contracts in French and Spanish Louisiana: A Study in "Notarial" Jurisprudence, 53 TUL. L. REV. 3, 9 (1978). 40. Id. 1983] COLONIAL LEGAL SYSTEM 401 the administration of justice in places distant from the place where the Superior Council holds it sessions."41 The "heads or directors" of concessions along with "other of our subjects, capable and of probity" were to "exercise both civil and criminal justice." The edict went on to provide that, even in these inferior courts, "three judges shall sit in civil matters and in criminal matters five judges . " The plan, evidently, was to have a kind of provincial council at each settlement. The king further provided that an appeal from these local tribunals would lie in all cases to the Superior Council.42 All this was being done, of course, to make ready the way for Law's colonizing schemes. In 1720 or 1721 Louisiana was for the first time divided into districts (or counties). Arkansas was one of the nine districts originally created, and a local commandant and a judge was assigned to each "to put justice with greater ease in reach of the colonists."43 Presumably, and understandably, the plan to establish local councils outside New Orleans was abandoned at this time. The sources simply fail us on the question of whether more than one person was expected to sit on local courts, but it could not have proved workable in remote places like Arkansas to assemble a multi-member judicial body. In May of 1722 the Regent issued an order creating a provincial council for Illinois, the jurisdiction of which supposedly extended from "all places on and above and Arkansas River . . . to the boundaries of the Wabash River." The commandant of the Illinois, Lieutenant de Boisbriant, was to serve as "chief and judge" of this so-called council, which in fact had only one other member.44 It thus seems to have been the plan to abolish the Arkansas district and annex its territory to its nearest northern neighbor; and the Illinois provincial council was directed "to hold its sessions at the places where the principal factories of the company shall be estab- 41. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 63 (1908). 42. The translation in the text is mine. The entire edict is translated and discussed in Dart, supra note 31, at 261 et seq. Further discussion of this edict can be found in Dart, The Colonial Legal Systems of Arkansas, Louisiana, and Texas, 27 REPORTS OF THE LOUISIANA BAR ASSOCIATION 43 at 52 (1926). 43. Id. at 267. The other districts were New Orleans, Biloxi, Mobile, Alibamous, Natchez, Yazoo, N atchitotches, and the Illinois. 44. Translated extracts from this order appear in 2 J. WHITE, A NEW COLLECTION OF LAWS, CHARTERS, AND LOCAL ORDINANCES OF THE GOVERNMENTS OF GREAT BRITAIN, FRANCE, AND SPAIN, RELATING TO THE CONCESSION OF LAND IN THEIR RESPECTIVE COLONIES . 439-40 (1837). 402 UALR LAW JOURNAL [Vol. 6:391 lished."45 This language could have been construed to require the Illinois council to sit at the Arkansas. It is, however, very much to be doubted that such a session was ever held, and certainly it is not believeable that anyone would repair from Arkansas to Illinois to settle a grievance in 1722. It seems probable, then, that whatever judicial functions were exercised at the Arkansas were entrusted to its resident directors even after the supposed creation of the council of the Illinois. The only resident director that the Arkansas ever had was, as we saw, Bertrand Dufresne, sieur du Demaine, who arrived at the Post March 22, 1722, and he was evidently the judge from that point on. Prior to that, Jacques Levens had been director, but as he never took up residence in Arkansas we have to presume that if judicial functions were undertaken by anyone, it was by one or more of the three subordinates to whom Levens had entrusted the management of the struggling colony: Jean-Baptiste, Menard, Martin Merrick, and Labro.46 When Dufresne left the Arkansas around 1726 we can hardly guess the means resorted to for the settlement of disputes. Probably Father Paul du Poisson, the Jesuit missionary resident from 1727 to 1729, used his good offices to maintain order among the approximately thirty Frenchmen who had remained behind.47 It seems probable, therefore, that Arkansas's first sustained exposure to European legal proceedings and principles occurred in the period during which Law's Company held sway in Louisiana. Tonti's seventeenth-century feudal seignory no doubt carried with it the right to render justice. Though his charter from La Salle has not as yet come to light,48 other conveyances of La Salle's are extant; and in them he gave his grantees judicial power over small cases ("low justice" this is called) while specifically reserving important cases ("high justice") to himself. (Cases of the latter type he directed to be heard by the judge "who shall be established at Fort St. 45. Id. at 440. 46. 4 M. GIRAUD, supra note 17, at 272. Menard left the Arkansas in 1722 (jd., 275) and was in New Orleans in 1720. Index to the Records efthe Superior Council of Louisiana, 4 LA. HIST. Q. 349 (1921). 47. Dufresne appears in the Arkansas census of January !, 1726; but on October 21, 1726, he is described as a "settler in Arkansas, but now domiciled with Mr. Traguidy [in New Orleans]." Index to the Records of Superior Council of New Orleans, 3 LA. HIST. Q. 420 (1920). In 1727 there was no director at the Arkansas, as Father Du Poisson tells us that he took up evidence in "the India Company's house, which is also that of the commandants when there are any here . " See Falconer, supra note 27, at 371. 48. For a charter from Tonti to Jacques Cardinal, one of his men at the Arkansas, see THE FRENCH FOUNDATIONS, supra note 9, at 396. 'Fhla is tlae Olll)' grant gf Tgati's eKtastF 1983] COLONIAL LEGAL SYSTEM 403 Louis.")49 We do not know whether Tonti's charter contained identical provisions but it certainly would have contained similar ones. But during the fifteen years or so that Tonti held the right to dispose of certain cases arising in his seignory, it hardly seems credible that he or his deputies ever held anything resembling a court, or even executed many instruments or documents.50 IV In 1731 the Compagnie d'Occident surrendered its charter to Louis XV, and for the rest of the period of French dominion Louisiana was a Crown Colony. Late that same year a military garrison was re-established in Arkansas; it consisted of twelve men commanded by First Ensign de Coulange and was located again on the edge of Little Prairie. 51 (See Figure 2). It was apparently during the reorganization of the colony in 1731 that civil and military authority at the outposts of Louisiana were combined in the commandant of the garrison-an arrangement that would survive into the Spanish period and even for a short time during the American regime. Part of a post commandant's civil authority was to act as notary and judge. The exact scope of his judicial jurisdiction during the French period is obscure, there being no document of which I am aware which describes it specifically. Parkman, writing of conditions in the Illinois in 1764, says that the "military commandant whose station was at Fort Chartres on the Mississippi, ruled the Colony with a sway as absolute as that of the Pasha of Egypt, and judged civil and criminal cases without right of appeal."52 Captain Phillip Pittman, an English engineer and Mississippi explorer who was writing at almost exactly the same time, gives a slightly different version. According to him, the Illinois commandant "was absolute 49. Concession in fee by La Salle to Pierre Prudhomme, in id. at 32. 50. When Tonti petitioned for confirmation of his charter, he was evidently refused. The petition is printed in E. MURPHEY, HENRY DE TONTI, FUR TRADER OF THE MISSISSIPPI 119 (1941). It is possible that La Salle did not have the power to make permanent grants and that may be the reason that Tonti needed confirmation. The Letters Patent of May 12, 1678, giving La Salle the right to explore "the western part of New France" in the king's behalf, gave him the power to build forts wherever he deemed them necessary; and he was "to hold them on the same tern1s and conditions as Fort Frontenac." See T. FALCONER, ON THE DISCOVERY OF THE MISSISSIPPI 19 (1844). La Salle said expressly in 1683 that this allowed him to "divide with the French and the Indians both the lands and the commerce of said country until it may please his majesty to command otherwise . " See THE FRENCH FoUNDATio~;upra note 9, at 43. The language is ambiguous, but on one permissible reading it indicates a specifically reserved power in the king to revoke grants made by La Salle. 51. Faye, supra note 6, at 673. 52. Quoted in Dart, supra note 31, at 249. 404 UALR LAW JOURNAL [Vol. 6:391 in authority, except in matters of life and death; capital offences were tried by the council at New Orleans."53 Of course, the Arkansas commandant's judicial jurisdiction was not necessarily as extensive as that possessed by the commandant of the Illinois. He may very well have been subordinate to the Illinois commandant during most of the French period. Some fitful light is thrown on the judicial authority of the Arkansas commandant by an interesting proceeding which took place at the Post in 1743.54 In October of that year, Anne Catherine Chenalenne, the widow of Jean Francois Lepine, petitioned Lieutenant Jean-Francois Tisserant de Montcharvaux, whom she styled "Commandant for the King at the Fort of Arkansas," asking him to cause an inventory and appraisal to be made of the community property in her possession. The object in view was to make a distribution to the petitioner's son-in-law and daughter who had the previous May lost all their goods when attacked by Chickasaws on the Mississippi not far below the mouth of the Arkansas. They had narrowly escaped with their lives.55 Widow Lepine had decided to make a distribution to "her poor children, at least to those who have run so much risk among the savages." She was preparing to marry Charles Lincto, a well-to-do resident of the Post, and she wished to dissolve the old community which by custom had continued after her husband's death in her and their children. The commandant informed Madame Lepine that on 26 October, 1743, he would inventory the "real and personal property derived from the marital community" and would bring with him two persons to look after the widow's interest and two to represent the children. The idea was that each party in interest should have independent appraisers present to insure the impartiality of the inventory and evaluation. De Montcharvaux in the presence of these and other witnesses caused the inventory to be made on the appointed day. The estate was fairly sizeable, being valued at 14,530 /ivres and 10 sols. It contained a great deal of personalty, including four slaves, a number of animals, 1600 pounds of tobacco, and notes and accounts receivable; the realty noted was "an old house" with three small outbuildings. Interestingly, no land was mentioned. There are two possible explanations for the absence of land in S3. P. PITTMAN, THE PRESENT STATE OF THE EUROPEAN SETTLEMENT ON THE M1ss1sSIPPI S3 (1770) (Reprinted with intro. by R. Rea 1973). S4. The relevant documents are translated in Core, Arkansas through the Looking Glass ef 1743 Documents, 22 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 16 (1979). SS. This incident is reported and discussed in Faye, supra note 6, at 677-78. 1983] COLONIAL LEGAL SYSTEM 405 the inventory. One is that land may not have been actually granted to Arkansas settlers but only given over temporarily to their use. The other possibility is that the land on which the house was built had belonged to Lepine before the marriage and had remained his separate property under his marriage contract or under the general provisions of the Coutume de Paris. The Coutume, which, as we have seen, was in force in French Louisiana, provided that all movables (personalty), belonging to a husband or wife, whenever acquired, became part of the community; but only certain immovables (realty) acquired after the marriage were so treated.56 This rule could be altered by contract, but in Louisiana, as in France, the Coutume was often specifically incorporated into marriage contracts by future spouses in defining the regime that would rule their property; 57 and if there was no contract provision creating a property regime, the Coutume of course automatically applied. The inventory is said to have been made "Pardevant nous Jean Francois Tisserant Ecuyer Sieur Demoncharvaus Commandant pour le Roy au Fort des Arkansas." The formulapardevant nous ("before us") is Parisian notarial boiler-plate and indicates that the commandant was acting in his surrogate notarial capacity. To an American common lawyer, the notary is not a member of the legal profession, not even a paralegal. But in seventeenth- and eighteenth-century France he enjoyed a much more elevated status, as indeed he still does in that country. Originally an official of the medieval European ecclesiastical courts, the notary developed into a noncontentious secular legal professional in France. In England, partly because the canon and secular laws were not on speaking terms, "the notarial system never took deep root."58 For one thing, an important aspect of the notary's duties, his authority to "authenticate" documents, was of little use to the English. The whole notion of a state-sanctioned authenticator of private acts was entirely foreign to the common law: Whereas in France we see notaries "making" and "passing" contracts, the common law left that to the parties. The state was very much in the background in England, and was called upon only to enforce obligations that arose by force of nature. The other aspect of the French notary's duties, the drafting of instruments, conveyancing, and the giving of legal advice, was per- 56. See Baade, supra note 39, at 7, 8. 57. Id. at 25. 58. l F. POLLOCK & F. MAITLAND, A HISTORY OF ENGLISH LAW 218 (2d ed., reissued with intro. by S. Milsom 1968). 406 UALR LAW JOURNAL [Vol. 6:391 formed by the regular legal profession in England. It is true that there was a scriveners' company organized in London in the sixteenth century which was granted a charter in the reign of James l.59 Members were empowered to draft legal documents, especially obligations (or bonds), and they gave a certain amount of low-level legal advice particularly in commercial and banking matters. 60 The few secular notaries who practiced in London at that time concerned themselves mainly with drafting documents relevant to international trade, and they were members of this company.61 But in the eighteenth century the company lost its effort to keep commonlaw attorneys from competing, and in 1804 parliament made conveyancing the monopoly of the regular legal profession.62 In contrast, the French notary's duties by the eighteenth century had come to include not only the familiar ones of administering oaths, taking acknowledgements, and giving "authenticity" to "acts" of private persons by attesting them officially, but they also ran generally to the drafting of documents, conveyancing, and the giving of practical legal advice.63 It is not surprising, therefore, that notaries would 59. See 12 w. HOLDSWORTH, A HISTORY OF ENGLISH LAW 70 (1938). See generally on the notary in England, Gutteridge, The Origin and Development ef the Profession of Notaries Public in England, in CAMBRIDGE LEGAL ESSAYS 12 (1926). 60. 12 w. HOLDSWORTH, supra note 59, at id. 61. 5 w. HOLDSWORTH, supra note 59, at 115 (3d ed. 1945). 62. 12 w. HOLDSWORTH, supra note 59, at 71-72; T. PLUCKNETT, A CONCISE HISTORY OF THE COMMON LAW 227-28 (5th ed. 1956). 63. As draftman of wills, marriage contracts, and conveyances, Mons. le Notaire has survived in France as a much respected person, especially in the country villages. He is a general non-forensic legal practitioner, his part in the legal scheme "being confined to voluntary as distinct from contentious jurisdiction." Brown, The office of Notary in France, 2 INT'L & COMP. L. Q. 60, at 64 (1953). Indeed, the French notary is close to the equivalent of the English solicitor, except for the latter's participation in litigation. Thus one modern-day commentator opined that "a solicitor would feel much at home in the etude of the French notary, though he would be surprised, and perhaps disappointed, by the cordiality of the morning post." Id. at 71. Today in Louisiana as well the notary enjoys considerable powers. See Burke & Fox, The Notaire in North America: A Short Study of the Adaptation of a Civil Law Institution, 50 TUL. L. REV. 318, at 328-32 (1975); Brosman, Louisiana-An Accidental Experiment in Fusrim, 24 TUL. L. REV. 95, 98-99 (1949). The Louisiana notary has the power "to make inventories, appraisements, and petitions; to receive wills, make protests, matrimonial contracts, conveyances, and generally, all contracts and instruments of writing; to hold family meetings and meetings of creditors; . to affix the seals upon the effects of deceased persons and to raise the same." LA. STAT. ANN.§ 35:2 (1964). When the Louisiana legislature defined the practice of law, and prohibited all but licensed attorneys from engaging in it, it therefore remembered to except acts performed by the notary which were "necessary or incidental to the exercise of the powers and functions of (his] office." LA. STAT. ANN. § 37:212(B) (1974). A walk through modern-day New Orleans will reveal a number of signs proclaiming the existence of "Law and Notarial Offices", a combination having an odd ring in the ears of an American common lawyer. The Louisiana notary is simply "a different and 1983] COLONIAL LEGAL SYSTEM 407 make an appearance in eighteenth-century Louisiana. In New Orleans, of course, there was much work for them, but there were also provincial notaries operating in Biloxi, Mobile, Natchitoches, Pointe Coupee, and Kaskaskia.64 Since De Montcharvaux acted as notary for the Lepine inventory, it is reasonably clear that there was no provincial notary resident at the Arkansas at that time. This comes as no surprise since in 1746 there were at the Post only twelve habitant families, ten slaves, and twenty men in the garrison, 65 hardly a sufficient European population to require or attract a law-trained scrivener. When it was time to have their marriage contract made, the widow Chenalenne and her future spouse executed it in New Orleans. No doubt there was available there legal advice on which they might more comfortably rely.66 Besides, there was at that time no resident priest at the Post to perform the marriage. v On May 10, 1749, an event occurred that considerably reduced the European population of Arkansas and also made it difficult to attract settlers there for some time. On that day, the Post was attacked by a group of about 150 Chicaksaw and Abeka warriors. Their coming was undetected67 and thus they caught the small habitant population altogether unaware. They burned the settlement, killed six male settlers, and took eight women and children as slaves.68 The census taken later that year shows, not surprisingly, that the population had decreased since the previous census. Seven more important official person than is the notary public in other jurisdictions of the United States." Brosman, supra at 98. 64. See Baade, supra note 39, at 12. 65. Memoire sur /'Eta! de la Colonie de la Louisiane en 1746. Archives des Colonies, Archives Nationales, Paris [hereinafter cited as ANC], Cl3A, 30:242-281, at 249, (Typescript of original document available at Little Rock Public Library). As the average family size in Arkansas in the middle of the eighteenth century was about four, this would put the number of habitant whites at the Post at about forty-eight. 66. For an abstract of this marriage contract, see Records o.f the Superior Council o.f Louisiana, 13 LA. HlsT. Q. 129 (1944). 67. However, the habitants may have had a warning that something was afoot, for on May l, Francois Sarrazin had written from Arkansas that "two savages have killed a man and a woman and burnt a man in the frame." Records efthe Superior Court o.f Louisiana, 20 LA. HlsT. Q. 505 (1937). This incident may have been connected with the attack nine days later. 68. Vaudreuil to Rouille, September 22, 1749, calendared in THE VAUDREUIL PAPERS 59-60 (B. Barron ed., 1975). See also Faye, supra note 6, at 684 et seq. W. BAIRD, THE QUAPAW INDIANS: A HISTORY OF THE DOWNSTREAM PEOPLE 34 (1980), gives the number taken as slaves as thirteen. 408 UALR LAW JOURNAL [Vol. 6:391 men, eight women, eight boys, and eight girls remained, a total of only thirty-one white habitants at the Poste des Akansa .69 Nor did all this mark an end to serious trouble. When in June of 1751 First Ensign Louis-Xavier-Martin de Lino de Chalmette, the commandant of the Post, went uninvited to New Orleans to consult with the governor, his entire garrison of six men took the opportunity to desert. 70 Things were obviously at a critical juncture. When later in 17 51 Lieutenant Paul Augustin le Pelletier de la Houssaye took command at Arkansas he found there a post recently rebuilt by its habitants and _voyagij,tfrs and probably already relocated to a spot ten or twelve miles upriver at the edge of the Grand Prairie. (See Figure 2). It is clear that Governor Vaudreuil had determined to hold the Arkansas even if the cost proved high, for he assigned to De La Houssaye a large company of forty-five men.71 The lieutenant was also authorized to build a new fort; government funds being lacking, he undertook the construction at his own expense in return for a five-year Indian trade monopoly.72 This new beginning could, in the nature of things, have given only a slight lift to the prospects for sustained settlement in the Arkansas country. Late in 1752 Governor Vaudreuil was informed that the Osages had attempted an attack on Arkansas Post but had failed. 73 While this indicates a stability of sorts for the l?ost, thanks no doubt to the size of the new garrison, still the perceived danger must have been so high as to discourage all but the most intrepid from taking up residence at the Arkansas. Mentions of Arkansas in the legal records tend to emphasize the dangerousness of the place. For instance, a couple from Pointe Coupee, on the verge of leaving for a hunting trip to the White River country, thought it best to deed their property to a relative, with the stipulation that the deed was to be void if they returned.74 It is not surprising, therefore, that even as late as 1766, the last year of French dominion, only eight habitant families, consisting in all of forty white persons, were resident at Arkansas Post.75 69. Arkansas Post Census, 1749, Loudon Papers 200, Huntington Library, San Marino, CA. There were also fourteen slaves resident at the post and sixteen voyageurs who had returned after their winter's work. There were five hunters on the White River and four on the St. Francis. Thirty-five hunters had failed to return from the Arkansas River. 70. Faye, supra note 6, at 708. 71. Id. at 211. 72. Id. 73. THE VAUDREUIL PAPERS, supra note 68, at 136. 74. Index to the Records of the Superior Council of Louisiana, 24 LA. HlsT. Q. 75 (1941). 75. See Din, Arkansas Post in the American Revolution, 40 ARK. HIST. Q. 3, at 4 (1981). 1983] COLONIAL LEGAL SYSTEM 409 All of these difficulties, and others, made for a place in which it might be regarded as too polite to expect the presence of much which corresponds to a legal system. In addition, political exigencies sometimes interfered to such an extent that the application of even-handed legal principle became inexpedient and thus entirely impracticable. For instance, the continued existence of the Arkansas settlement depended heavily on the loyalty of the Quapaws and their wishes were therefore relevant to any important decision made there. Their influence could extend even to the operation of the legal system as the following incident demonstrates. On 12 September, 1756, a meeting was held in the Government House in New Orleans to hear an extraordinary request from Guedetonguay, the Medal Chief of the Quapaws.76 His tribe had captured four deserters from the Arkansas garrison and had returned them; but the chief had come on behalf of his nation to ask Governor Kerlerac to pardon the soldiers. One of those captured, Jean Baptiste Bernard, in addition to having deserted, had killed his corporal Jean Nicolet within the precincts of the fort. The chief, obviously a great orator, said that he had come a long distance to plead for the soldiers' lives despite the heat and the demands of the harvest; and in his peroration he said that his head hung low, hi~ eyes were fixed to the ground, and his heart wept for these men. He knew, he explained, that if he had not come they would have been executed, and this was intolerable to him because he regarded them as his own children. He recited many friendly acts of the Qua paws to prove the fidelity of his people to the French. Among them was the release of six slaves (perhaps Chicaksaws captured by the Quapaws) "who would have been burned" otherwise, and the recent capture of five Choctaws and two trespassing Englishmen. He himself, he noted, had recently lost one son and had had another wounded in the war against the Chickasaws; and he . counted this "a mark of affection for the French." In recompense he asked for the pardon of the soldiers. The chief added that this was the only such pardon his nation had thus far requested, and he promised never to ask again. He did not doubt that Kerlerac, "the great chief of the French father of the red men," charged to govern them on behalf of "the great chief of all the French who lived in the 76. What follows is based on a memorandum entitled "Harangues faites dans /'assemb/ee tenue a /'hotel du gouvernment cejourdhui, 20 Juin 1756," found in ANC, Cl3A, 39:177-180 (Transcript at Little Rock Public Library). The translations are mine. 410 UALR LAW JOURNAL [Vol. 6:391 great town on the other side of the great lake," would listen and do the just thing. Guedetonguay left his best argument for last. He maintained vigorously that, under his law, any criminal who managed to reach the refuge of the Cabanne de Valeur where the Quapaws practiced their religious rites was regarded as having been absolved of his crime. It was their custom everywhere that the chief of the Cabanne de Valeur "would sooner lose his life than suffer the refugee to undergo punishment for his crime." Evidently the soldiers were claiming this right; and Ouyayonsas, the chief of the Cabanne de Valeur, was there to back them up. This last argument was an excellent one because it called upon the French to recognize an established Indian usage not dissimilar from the European custom of sanctuary. And the argument carried with it a threat of violent reaction if the custom were not allowed. Kerlerac answered the chief that he was not unmindful of the past services of the Quapaws, nor was he ungrateful for them. "But," he said, "I cannot change the words declared by the great chief of all the French against such crimes, and . . . it would be a great abuse for the future" to pardon the soldiers. So, he continued, "despite all the friendship that the French have for you and your nation, these men deserve death." The great chief stood for a long time with his head down and finally answered ominously that he could not be responsible for the revolutions which the chief of the privileged house might stir up-revolutions which he said ''would not fail to occur." The argument continued and the governor offered to grant the chief "anything else except these four pardons." But Guedetonguay stubbornly maintained that "the sole purpose of his journey was to obtain the pardon of the four men." In the end the Governor extracted from the Quapaw chiefs "publicly and formally their word . . . that they would in the future deliver up all deserting soldiers as malefactors or other guilty persons without any restriction or condition whatsoever, and that . pardons would be accorded at the sole discretion of the French." No immediate decision was reached by the Governor, but later that day some of his advisors, having reflected on what they had heard, reckoned "that a refusal of the obstinate demands of these chiefs . . . the faithful allies of the French would only involve the colony in troublesome upheavals on the part of the said nations who have otherwise up to the present served very faithfully." They con- 1983] COLONIAL LEGAL SYSTEM 411 eluded that "saving a better idea by Monsieur le Gouverneur it would be dangerous, under all the present circumstances, not to satisfy the Indians with the pardons which they demanded." The governor took the advice but evidently did not write to Berryet, the French Minister of the Marine, for some time to tell him about it. From the comfort of Versailles it was easy for Berryet to pick at Kerlerac's decision.77 In responding to Kerlerac, Berryet first made the point that Bernard's case was different from that of the other captured soldiers since he was accused of homicide in addition to desertion. Then, too, the minister had a lot of questions. Could not the difference in Bernard's case have been urged on the Arkansas chiefs to get them to relent in his case? Where was the record of the legal proceedings which should have been conducted relative to the killing? If this was a wilfull murder the pardon had been conceded too easily. "It would be dangerous," the minister warned, ''to leave such a subject in the colony, not only because he would be an example of impunity but also because of new crimes that he might commit." (The arguments of general and specific deterrence are not very recent inventions.) Finally, the governor was sternly admonished "not to surrender easily to demands of this sort on the part of the savages . If on the one hand it is necessary, considering all the present circumstances, to humor the savages, it is also necessary to be careful of letting them set a tone that accords neither with the king's authority nor the good of the colony." Nevertheless, the minister talked to the king and he ratified the governor's decision. Writs of pardon were therefore issued under the king's name for each of the Arkansas soldiers. Because the homicide committed by Bernard was not a military crime and was cognizable therefore by the Superior Council of Louisiana, his pardon was directed to the Council. Interestingly, though Berryet admitted knowing nothing of the circumstances surrounding the killing, the pardon recited that a quarrel had arisen between Bernard and Nicolet, that they had beaten each other, that Bernard : "had had the misfortune to kill the said Nicolet," and that the death "had occurred without premeditated murder."78 Thus Louis XV pardoned Jean Baptiste Bernard for killing by mischance when there was no evidence adduced as to the facts resulting in Nicolet's 77. What follows is based in Berryet's letter to Kerlerac and Bobe Descloseaux dated July 14, 1769. ANC, B, 109:487-88 (Transcript at Little Rock Public Library). The translation is mine. 78. The pardon (brevet de grtJce) was enclosed in the letter and is ANC, B, 109:489 (Transcript at Little Rock Public Library). The translation is mine. 412 UALR LAW JOURNAL [Vol. 6:391 death. The decision was generated simply by a desire to accommodate an important ally. Faithful adherence to legal principle sometimes had to take a back seat to the more compelling demands of politics. VI Father Louis Carette, the Jesuit missionary who came to the Post of Arkansas in 1750, nevertheless attempted to bring some order to the legal affairs of the place. As he noted in a procuration (power of attorney) dated at Arkansas in 1753, he was "authorized by the king to make in every post where there is not a Notary Royal all contracts and acts . "79 There is no evidence that he had any formal legal training, but he was a Jesuit, and thus a learned man, one of a handful of such who would make their residence in eighteenth- century Arkansas. The 1753 procuration is itself of some interest, as it sheds light on how litigants whose cases were technically beyond the jurisdiction exercised by the Arkansas commandant (whatever that was) might have had their cases heard if they wanted to resort to regular methods of dispute settlement. As incredible as it seems, it is probable that the only court of general jurisdiction in the entire colony was the Superior Council of Louisiana. Now, in 1763 La Harpe said that it was a two-week boat trip from the Arkansas to New Orleans, and six to eight weeks back.80 Obviously, the procuration was an important device for people in remote posts like Arkansas, for it enabled them through their attorneys, in the language of the document under discussion, "to act . . . as though they were personally present."81 Convoys or individual vessels travelled down the Mississippi frequently enough to make this means of tending to legal affairs more tolerable than it might otherwise have been. In this case, the attorney chosen was Commandant de la Houssaye, and he was deputed to act in a probate matter at Pointe Coupee for Etienne de Vaugine de Nuysement and his wife Antoinette Pelagie Petit de Divilliers. An interesting feature of procurations which increased their utility and flexibility was that they were assignable. This feature came in handy in this instance since De La Houssaye, having 79. Index to the Records of the Superior Council of Louisiana, 22 LA. H!sT. Q. 255 (1939). 80. La Harpe to Chosseul, August 8, 1763, ANC, Ci3B, 1 (Typescript in Little Rock Public Library). 81. Records, supra note 79, at id. 1983] COLONIAL LEGAL SYSTEM 413 been detained at the Arkansas due to illness, simply transferred the power of attorney to a member of the Superior Council "to act in my place as myself."82 Perhaps one of the reasons that Carette had acted as notary in this instance was that the only other person in the little community authorized so to act, the commandant, was a party to the instrument. But in the French period priests were given general notarial powers and could act even in the absence of circumstances disabling the commandant. For instance, Carette acted as notary, and thus probably draftsman, for a marriage contract in which the commandant was not interested. This was the marriage contract of Francois Sarrazin and Francoise Lepine, executed at Arkansas Post on January 6, 1752. Marriage contracts have no exact parallel in common-law practice, and it thus seems worthwhile, before discussing the particulars of the Sarrazin-Lepine contract, to devote some time to their explanation and description. In a recent seminal study, Professor Hans Baade has outlined the provisions which one typically finds in marriage contracts executed in accordance with eighteenth-century Parisian notarial practice.83 The first and invariable undertaking by the future spouses was a promise to celebrate their marriage in facie ecc! esiae. The parties would then choose the regime which would govern their property during the marriage. Next would come a declaration that the ante-nuptial debts of the parties were to remain their separate obligations; this was followed by a disclosure of the parties' assets, a requirement for the validity of the previous provision. The dowry brought to the marriage by the wife was next recited; and delineating preciput, the right of the spouse to specific property in the event of dissolution of the community, frequently followed. Finally came the donation clause, usually a reciprocal grant of all or part of the predeceasing spouse's estate. In Louisiana, this donation, in order to be valid, had to be registered with the Superior Council in New Orleans. An inspection of the Sarrazin-Lepine marriage contract reveals that it very clearly drew on these French notarial precedents, and it reflects, moreover, an awareness of the practical requirements of the Louisiana registration provisions. It contained a promise to celebrate the marriage in regular fashion, the creation of a community property regime, a clause stating the amount of the wife's dowry, a 82. Id. 83. What follows is taken from Baade, supra note 39, at 15-18. 414 UALR LAW JOURNAL [Vol. 6:391 mutual donation to the survivor of all property owned at death, and an undertaking to have the contract registered in New Orleans.84 While there was no clause dealing with ante-nuptial debts and no mention of preciput, it is quite obvious that the good Jesuit knew more than a little about French notarial practice, and may well have had at his disposal a form book on which he could draw. He was, for all practical purposes, for a time the "lawyer" of the post as well as its cure. Before we leave this interesting document there is an aspect of it which bears detailed attention. The property regime chosen by the parties included in the community "all property, movable and immovable"85-as common lawyers would say, all property, both personal and real. In this respect the contract departs from the Custom of Paris which included in the community all movables but only certain immovables (conquets) acquired after marriage. 86 Parties were allowed in Louisiana to contract almost any property arrangement they wanted, 87 and Sarrazin and Lepine had elected a somewhat unusual variety of community. Curiously, however, the contract reckoned that this regime was "in accordance with the custom received in the colony of Louisiana." A few months after the execution of this contract Commandant de la Houssaye wrote to the governor to say that Monsieur Etienne V augine, a French officer, was of a mind to marry Madame de Gouyon, the commandant's sister-in-law, and he sent along "the proposed conditions for the contract of marriage."88 This was a draft of the contract, as De La Houssaye asked the governor to pass "/'exemplair du contra!" along to the New Orleans notary Chantaloux if the governor decided to give his permission for the marriage. Chantaloux was "to make it as it should be."89 Three weeks later the governor wrote to say that the contract would be sent back soon and that Chantaloux had left it intact except for one reasonably minor alteration.90 In 1758 Father Carette, dismayed by the irreligious inclination of his flock, left the Arkansas and no replacement was sent. In 17 64, 84. Records of the Superior Council of Louisiana, 25 LA. HlsT. Q. 856-57 (1942). 85. Id. at 856. 86. Baade, supra note 39, at 15. 87. Id. 88. La Houssaye to Vaudreuil, Dec. l, 1752, LO 410, Huntington Library, San Marino, CA. 89. Id. 90. THE v AUDREUIL PAPERS, supra note 68, at 152. 1983] COLONIAL LEGAL SYSTEM 415 Captain Pierre Marie Cabaret Detrepi, commandant at the Arkansas, after Madame Sarrazin had found herself widowed, passed a second marriage contract for her which was extremely unsophisticated and rudimentary.91 It contained only a promise to marry regularly and a mutual donation. Perhaps the good widow had by this time tired of long-winded formalities. Just as likely, the Post was feeling the absence of Carette's drafting skills. VII As tiny, remote, and inconsequential as the Arkansas settlement was, then, it is nevertheless clear that at least some of its people were part of the time adherents to French legal culture. Of course almost everyone who lived at the Post during the period of French domination was either a native of France or French Canadian; and by the end of the French period a substantial number of native Louisianans were there. It is most interesting to find the survival of civilian legal form in so remote an outpost of empire. Obviously, not all of Arkansas's residents lapsed into a kind of legal barbarism. There were, however, circumstances at work which would make it impossible for some time to establish a community which could be expected to value the observance of legal niceties very highly. As we have already seen, the Post could not have been very attractive to the more civilized settler owing to its dangerous location. Arkansas Post, moreover, over the years experienced an extreme physical instability since it was necessary to relocate it several times due partly to flooding. (See Figure 2). The Arkansas River was in the eighteenth century "a turbulent, silt-laden stream, subject to frequent floods which were disastrous along its lower course."92 This proved to be a considerable disincentive to settlement. Add to that the enormous expanse occupied by the alluvial plain of the Mississippi and the difficulty becomes plain enough. Almost any site within thirty miles of the mouth of the Arkansas carried with it a considerable risk of floods. Law's colony, on the Arkansas twenty-seven miles or so from its mouth, was said in 1721 to be "in a fertile sector but subject to floods."93 The success of the attack by the Chickasaws in 1749, when the Post was at the same 91. Records of the Superior Council of Louisiana, Feb. 11, 1764, Louisiana History Center, Louisiana State Museum, New Orleans. 92. P. HOI.DER, supra note 15, at 152. 93. 4 M. GIRAUD, supra note 17, at 273 (1974). 416 UALR LAW JOURNAL [Vol. 6:391 location, was made possible by the absence from the neighborhood of the Quapaws: Because of recent floods they had abandoned their old fields for a more promising place upstream.94 This place, called Ecores Rouges (Red Bluffs) by the French, was about thirty-six miles from the mouth of the Arkansas and was at the present location of the Arkansas Post Memorial.95 After the attack, the Post was moved to join the Indians at Ecores Rouges so as to provide for mutual protection.96 The new spot was free from floods but proved unsatisfactory from a strategic standpoint because of its distance from the Mississippi. The location delayed convoys and Governor Vaudreuil expressed the view that "a post on the Mississippi would be more practical."97 Therefore in 1756 the Post was moved back downriver to about ten miles above the mouth. But the inevitable soon occurred. In 1758 heavy flooding, graphically described in a letter of Etienne Maurafet Layssard the garde magasin (storekeeper) of the Post, caused heavy damage, almost undoing the work of builders and architects who had been at work for the better part of a year. The houses were saved by virtue of being raised on stakes against such a day as this; but the habitants' fields, everything but Layssard's garden for which he had providently provided a levee, were entirely inundated.98 It was in fact a small enough loss. From the beginning, and understandably, the attempt to make a stable agricultural community of the Arkansas had failed miserably. There is no doubt that the European population of Arkansas during the French period consisted almost entirely of hunters and Indian traders. In 1726 the reporter of the Louisiana census remarked of the Arkansas that "all the habitants were poor and lived only from the hunting of the Indians." 99 A 1746 report said of the twelve Arkansas habitant families 94. Faye, supra note 6, at 717-19. 95. See figure 2. 96. For details, see Appendix II to my forthcoming book, UNEQUAL LAWS UNTO A SAVAGE RACE; EUROPEAN LEGAL TRADlTIONS IN ARKANSAS, 1686-1836. 97. THE VAUDREUIL PAPERS, supra note 68, at 118. 98. Faye, supra note 6, at 718-19. A detailed description of the repairs made in the summer of 1758, evidently necessitated by these floods, is in ANC, CBA, 40:349-50 (Typescript in Little Rock Public Library). In addition to making repairs, the builders constructed a house 26 feet long and 19 wide just outside the fort for the Indians who came there on business. It was of poteaux en terre construction, was covered with shingles, and was enclosed with stakes. The report describing the renovation and construction work of 1758 is signed by Denis Nicol~s Foucault, chief engineer of the Province of Louisiana. 99. ANC, GI, 464 (Transcript at Little Rock Public Library). 1983] COLONIAL LEGAL SYSTEM • DeWitt ARKANSAS COUNTY • Dumas I I I 0 1. 1686-1699; 1721-1749 N 1 DESHA COUNTY T I I 4 I 8 mi Figure 2 Locations of Arkansas Post, 1686-1983 2. 1749-1756; 1779-1983 3. 1756-1779 JB Based on a map drawn by John Baldwin which appeared in Arnold, The Relocation of Arkansas Post to Ecores Rouges in 1779, 42 ARK. HIST. Q. 317 (1983). Used with permission of the Arkansas Historical Association. 417 418 UALR LAW JOURNAL [Vol. 6:391 that "their principal occupation is hunting, curing meat, and commerce in tallow and bear oil." As for cultivating the soil, the same source reported that the habitants grew "some tobacco for their own use and for that of the savages and voyageurs." 100 In 1765 Captain Phillip Pittman, an Englishman, said that there were eight families living outside the fort who had cleared the land about nine hundred yards in depth. But, according to him "on account of the sandiness of the soil, and the lowness of the situation, which makes it subject to be overflowed," their harvest was not enough even to supply them with their necessary provisions. Pittman noted that "when the Mississippi is at its utmost height the Lands are overflow' d upwards of five feet; for this reason all the buildings are rais'd six feet from the ground." Thus the residents of the Arkansas, he said, subsisted mainly by hunting and every season sent to New Orleans "great quantities of bear's oil, tallow, salted buffalo meat, and a few skins." 101 Both Layssard102 and Father Watrin103 hint that the discouragement produced by the frequent flooding contributed to Father Carette's decision to leave. However that may be, it must be clear that during the period of French dominion the Post did not provide fertile soil for either crops or religion. Would regular bourgeois legal procedures have generally been afforded a more cordial acceptance? Even absent direct evidence, this would in the abstract seem most unlikely. Unsafe, unstable, and uncomfortable, the Arkansas Post of Louisiana during the period of French dominion must surely also have been largely unmindful of bourgeois legal values. It is true, as we have seen, that some of the Post's residents tried to maintain a connection between their remote outpost and European legal culture. But the few legal records that chance has allowed to come down to us from the French period are remarkable not only for their small number but also for the social and economic characteristics they reveal of the people who figured in them. They were an elite, related by marriage and blood, struggling under the difficult circumstances of their situation to participate in regular le- 100. Memoire, supra note 65 (Transcript at Little Rock Public Library). 101. P. PITTMAN, supra note 53, at xliv, 40-41. 10+. See ANC, Cl3A, 40:357 (Transcript in Little Rock Public Library). Layssard there remarks that the inhabitants at Arkansas were too poor to build a levee, and that "the Father would rather leave than go to such an expense. He is very poor." 103. See J. DELANGLEZ, THE FRENCH JESUITS IN LOWER LOUISIANA 444, where Watrin is quoted as saying that, despite there being little hope for conversion of the Quapaws, Father Carette "nevertheless followed both the French and the savages in their various changes of place, occasioned by the overflowing of the Mississippi near which the post is situated." 1983] COLONIAL LEGAL SYSTEM 419 gal processes. The probate proceeding of 1743 was instituted by one of the most well-to-do residents of Arkansas in the person of Anne Catherine Chenalenne, widow of Jean Francois Lepine. The community property inventoried included four slaves. 104 Her future husband Charles Lincto became the most substantial civilian resident of the Post. The 17 49 census, if one excludes from it for the moment the commandant and his household, reveals that Lincto's household accounted for eight of the twenty-nine white habitants and seven of the eleven slaves at the Arkansas. 105 Etienne de Vaugine de Nuysement who executed the procuration of 1753 was a member of one of the most distinguished French families of Louisiana; 106 and he granted the power to Commandant de la Houssaye who would soon become a Major of New Orleans and a Knight of the Royal and Military Order of St. Louis. 107 Vaugine and De la Houssaye married sisters. The marriage contract executed at the Arkansas in 1752 was entered into by the Post's garde magasin and Francoise Lepine, a daughter of Anne Catherine Chenalenne the petitioner in the probate proceeding of 1743; and the bride's dowry had resulted from the dissolution of the community which had been the aim of that proceeding. Finally, Francoise Lepine's second marriage contract, passed by Detrepi in 1764, was prelude to her marriage to Jean Baptiste Tisserant de Montcharvaux, officer and interpreter at the Post and son of the commandant who executed the 1743 inventory. We are dealing with a propertied and interconnected gentry here, a tiny portion of what was anyway a very small population. How the other, the major part of the Arkansas populace regulated their lives during the French period will, in the nature of things, be difficult to document. But there is some evidence on this point and it indicates that there was a good deal of lawlessness on the Arkansas. According to Athanase de Mezieres, the Lieutenant Governor at Natchitoches, the Arkansas River above the Post was inhabited largely by outlaws. "Most of those who live there," he claimed, "have either deserted from the troops and ships of the most Christian King and have committed robberies, rape, or homicide, 104. For a translation of this inventory, see Core, supra note 54, at 22. 105. Resancement General des Habitants, Voyageurs, Femmes. En.fans, Esclaves, Clzevaus, Beufs, Vaclzes, Coclzons du Foste des Akansas, 1749. Lo. 200, Huntington Library, San Marino, CA. 106. On the Arkansas Vaugines, see Core, T!ze Vaugine Arkansas Connection, 20 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 6 (1978). 107. Faye, supra note 6, at 709. 420 UALR LAW JOURNAL [Vol. 6:391 that river being the asylum of the most wicked persons, without doubt, in all the Indies." 108 On another occasion, De Mezieres singled out as a particularly heinous offender an Arkansas denizen nicknamed Brindamur, a man "of gigantic frame and extraordinary strength." Brindamur, De Mezieres complained, "has made himself a petty king over those brigands and highwaymen, who, with contempt for law and subordination with equal insult to Christians, and the shame of the very heathen, up to now have maintained themselves on that river." 109 He had been resident on the Arkansas for a long time, as his name appears in the census of 1749. Interestingly, it is placed at the very head of a considerable list of "the voyageurs who have remained up the rivers despite the orders given them." 110 All persons hunting on the rivers were supposed to return every year as passports were not issued for longer periods. But there were large numbers of hunters who lived for twenty years or more in their camps without ever reporting to the Post. They constituted a large proportion, indeed sometimes a majority, of the European population in Arkansas during the French period. The 17 49 census, for instance, lists a habitant population of only thirty-one, including the commandant and his wife. But there were forty hunters on the Arkansas River whose passports had expired, and nine on the White and St. Francis Rivers. Sixteen hunters were said to be at the Post being outfitted to return to the hunt. Brindamur, the bandit King, was murdered by one of his men after the end of the French period, "though tardily" De Mezieres reckoned, and "by divine justice."111 In the Spanish period an effort was made to rid the river of these malefactors. VII Since no records of litigation initiated at the Arkansas during the French period have survived, if indeed any were ever kept, very little can be said directly on how lawsuits were conducted there. However, in 1747 Francois Jahan initiated a suit in the Superior Council in New Orleans against one Clermont, a resident of Arkansas Post, claiming damages for the conversion of a cask of rum at Arkansas. 112 The Superior Council, as we have shown, had jurisdic- 108. 1 ATHANASE DE MEZIERES AND THE LOUISIANA-TEXAS FRONTIER, 1768-1780 166 (H. Bolton ed., 1914). 109. Id. at 168-69. 110. Resancement, supra note 105. 111. t\. BOLTON, supra note 108, at 167. 112. Index lo the Records of the Superior Court of Louisiana, 17 LA. HIST. Q. 569 (1934). 1983] COLONIAL LEGAL SYSTEM 421 tion throughout Louisiana, and this case reveals how it was exercised against a defendant in the hinterlands. The summons was served on the Attorney General of Louisiana; thus, as Henry Dart pointed out, "it would seem . . . that a resident of the Post of Arkansas could be sued in New Orleans by serving the citation on the Procureur [Attorney] General."113 How the case would have, in the ordinary instance, proceeded from there is difficult to say. Probably the Arkansas commandant would have been asked to act as a master to gather facts and to report to the Superior Council. But it seems that the commandant had already ruled independently on the matter. Commandant de Monbharvaux's statement on this case, which is entered in the record a'few days after the suit was initiated, indicates that he had held a hearing on the matter at the Arkansas, had taken testimony as to the rum, and had "sentenced Clermont to pay for it."114 Apparently he had kept no record of the proceeding, as none was offered: The good lieutenant bore his own record. It is interesting to note, however, that this case was evidently not brought to enforce the commandant's judgment but was an independent action. How did the justice provided by the Post commandant during the French period measure up? In the absence of litigation records, this is the hardest kind of question to answer. We know, however, that whatever jurisdiction was exerciseable by the commandant, he acted alone, without official advisors and without, of course, a jury. To say that rule is autocratic is not to say
Issue 33.5 of the Review for Religious, 1974. ; Review lot Religious is edited by faculty members of the School of Divinity of St. Louis University, the editorial offices being located at 612 Humboldt Building; 539 North Grand Boulevard; St. Louis, Missouri 63103. It is owned by the Missouri Province Educational Institute; St. Louis, Missouri. Published bimonthly and copy-right ~) 1974 by Review ]or Religious. Composed, printed, and manufactured in U.S.A. Second class postage paid at St. Louis, Missouri. Single copies: $1.75. Sub-scription U.S.A. and Canada: $6.00 a year; $11.00 for two years; other countries, $7.00 a year, $13.00 for two years. Orders should indicate whether they are for new or renewal subscriptions and should be accompanied by check or money order payable to Review ]or Religious in U.S.A. currency only. Pay no money to persons claiming to represent Review ]or Religious. Change of address requests should include former address. R. F. Smith, S.J. Everett A. Diederich, S.J. Joseph F. Gallen, S.J. Editor Associate Editor Questions and Answers Editor September 1974 Volume 33 Number 5 Renewals, new subscriptions, and changes of address should be sent to Review for Religious; P.O. Box 6070; Duluth, Minnesota 55802. Correspondence with the editor and the associate editor together with manuscripts, books for review, and materials for "Subject Bibliography for Religious" should be sent to Review for Religious; 612 Humboldt Building; 539 North Grand Boulevard; St. Louis, Missouri 63103. Questions for answering should be sent to Joseph F. Gallen, SJ.; St. Joseph's Church; 321 Willings Alley; Philadelphia, Pennsylvania 19106. Papal Bull Holy Year Proclaiming the Paul VI Given below is the English translation of Paul VI's Bull proclaiming the Holy Year that will begin on Christmas Eve, 1974. The translation is that which appeared in the English edition of Osservatore romano. Paul, servant of the servants of God, to all the faithful: Health and apostolic blessing. As the universal jubilee to be celebrated in Rome approaches, the memorials of the Apostles shine forth more brightly for the faithful as the goal of pilgrimage--the holy places of Rome where the tombs of the Apostles Peter and Paul are worthily preserved and religiously venerated, those "holy fathers" through whom the ~ity became not only the "diSciple of truth" but also the teacher of truth1 and the center of Catholic unity. Down the centuries, these memorials have always impelled the Chris-tian people to be fervent in their faith and to testify to ecclesial communion. This is so because the Church recognizes her identity and the cause of her unity in the foundation laid .by Jesus Christ, namely, the Apostles." From as early as the second century the faithful came to Rome to see and venerate the "trQphies" of the Apostles Peter and Paul in those very places where they are preserved,:' and they. made pilgrimages to the church of Rome to contemplate her "regal dignity."4 In the fourth century the pilgrimage to 1See St. Leo the Great, Sermon 82, 1 : PL 54, 422. ZSee Rev 21 : 14. 3See the testimony of Gaius, an ecclegiastic of the time of Pope Zephrynus, as given in Eusebius, Historia ecclesiastica, II,25,7. 4See the inscription of Abercius, bishop of Hierapolis in Phrygia at the end of the second century; the text and translation is given in M. Guarducci, "L'iscrizione di Abercio," Ancient Society, v. 2 (1971), pp. 176-7. 993 994 / Review ]or Religious, Volume 33, 1974/5 Rome became in the West the principal form of that kind of religious journey. It was similar to, and had the same religious purpose as, the pil-grimage which was made in the East to Jerusalem where the Lord's sepulchre is found? In the early Middle Ages, those who were "linked to the Chair of Peter,'''~ and those who wished to make a profession of their orthodox faith at the tombs of the Apostles,; especially monks, came off pilgrimage to Rome from various parts of Europe and even from the East. The idea of a pilgrimage increased further from the 12th to the 13th century, becoming all the more common by reason of a renewal of spirituality and popular piety which spread throughout Europe at that time. This renewal served to enrich the ancient notion which the Church received from tradition and which was equally 1~o be found in other religions, namely, the concept of a "pilgrimage undertaken for the love ot~ God.''s The jubilee year originated in this way; it was as it were the result of a maturing process in the doctrinal; Biblical and theological fields.:' It emerged plainly for the first time in the year 1220 when our predecessor Honorius III proclaimed a jubilee.year for pilgrimage to the tomb of St. Thomas ~ Becket.1° Later, as is well known, pilgrims came to Rome to the basilicas of St. Peter and St. Paul, in the great popular and penitential movement of the year 1300, a movement confirmed by our predecessor Boniface VIII.11 This was marked by a longing to obtain pardon from God and peace among men. The move-ment was directed to this very lofty motive: "the glory of God and the exaltation of the faith.''1~ The Roman Jubilee of 1300 was the beginning and the pattern for those which have followed (every 25 years from the, 15th century onwards, except when the series was interrupted by extraneous circumstances). This is an indication of the continuity and vitality v~hich have always confirmed the relevance of this venerable institution for every age. It is correct to say that the jubilees celebrated in recent times have pre- ~See St. Maximus of Turin, Homily 72: PL 57, 405b. GThe expression is found in a letter of St. Columban to Pope Boniface IV in 613: Sancti Columbani opera ed. G. S. M. Walder (Dublin, 1957), p. 48. rConcerning this custom see F. M. Mignanti, lstoria della sacrosanta Basilica Vaticana (Rome/Turin, 1867), p. 180. 8See in general B. Kotting, Peregrinatio religiosa: Wall]ahrten in der Antike und das Pilgerwesen in der Alten Kirche (Regensburg, 1950). ~R. Foreville, "L'id6e de jubil6 chez les th6ologiens et les canonistes (XII-XIII s.) avant l'institution du Jubil6 Romain (1300)," Revue d'histoire eccl~siastique, v. 56 (1961), pp. 401-23. 10p. Pressuti, Regesta Honorii 1H (Rome, 1888-95), p. 1840; the text is given in R. Foreville, "Le Jubil6 de saint Thomas b. Becket du XIII au XV sii~cle (1220-1470)," Etudes et documents (Paris, 1958), pp. 163-4. alBull, Antiquorum habet fida relatio, dated February 22, 1300: Extravagantes Comm. V,IX, I. ~zSee the gloss of Cardinal Giovanni Monaco on the same bull. Papal Bull Proclaiming the Holy Year / 995 served this outstanding value whereby the unity and renewal of the Church aCe affirmed in a special way and allmen are encouraged to recognize one another as brothers and to walk in the path of peace. Such a desire was manifested at the beginning of this century when our predecessor Leo XIII proclaimed' the jubilee year in 1900. The human family was~ filled with the same hopes and expectations when, a,quarter of a century later, afflicted by grave ,dangers and contention, 'it awaited the Holy Year of 1925. These were proposed for the special Holy Year of 1933 on the occasion of the 19th centenary of the redemption. The same noble aspirations for justice and peaceful coexistence among men were put forward by Pius" XII for the last jubilee, in the year 1950. I It seems to us that in the'present Holy Year all the principal and im-portant motives of the previous jubilees are present and expressed in sum-mary form in the .themes that we ourself laid down in our discourse of May 9, 1973 when we first announced ,the Holy Year: renewal and reconcilia-tion. a:~ We have offered these themes for the reflection of pastors and faithful, particularly during the anticipated celebration of the jubilee in local churches, and we have.added to them our exhortations and our catechesis. But the aspirations that the two themes enunciate and the lofty ideals that they express ~vill find a more complete realization in Rome, where pilgrims to the tombs of the Apostles Peter and Paul and to the memorials of the other martyrs will come into more ready contact with the ancient sources of the Church's faith.and life, in order to be converted by repentance, strengthened in charity, hnd united more closely with their brethren by the grace of God. Thi~ renewal and reconciliation pertain in the first place to the interior life, above all because the root of all good and, unfortunately of all evil, is found in the depths of the heart. It is in the depths of the heart therefore that conversions of metanoia must take place, that is, a change of direction, of attitude, of option, of one's way of life. But also for the Church as a whole, ten years after the end of the Second Vatican Council we view the Holy Year as the ending of a period of reflection and reform arid the beginning of a new phase of building up in the theological, spiritual, and pastoral spheres, to be developed on the foundations laboriously laid down and consolidated during the past years; in accordance with the principles of new life in Christ and of the communion of all men in Him who reconciled us to the Father by His blood,a~ For the whole w~arld this call to renewal and reconciliation is in harmony a3See Paul VI, "Allocution Announcing the Plans for a 1975 Holy Year," May 9, 1973: AAS, v. 65 (1973), pp. 322-5. 14See 2 Cor 5:18-20; Rm 5:10. 996 / Review for Religious, Volume 33, 1974/5 with the most sincere aspirations for freedom, justice, unity, and peace that we see wherever men become aware of their most serious problems and suffer from the mishaps produced by divisions and fratricidal wars. With the message of the Holy Year, therefore, the Church wishes to indicate to all men of good will- the vertical dimension of life that ensures reference of all aspirations and experiences to an absolute and truly universal value, without which it is vain to hope that mankind will once more find a point of unification and a guarantee of true freedom. Even though it is charac-teristic of many sectors of modern society to assume secuIar forms, the Church, without interfering in matters which do not come within her competence, nevertheless wishes to impress on men the need to be con-verted to God who alone is necessary,a5 and to imbue all their actions with fear and love of Him. For faith in God is the most powerful safeguard of the human conscience and is the solid foundation of those relationships of justice and brotherhood the world yearns for. The pilgrimage to Rome by representatives of all the local churches, both pastors and people, will therefore be a sign of a new process of conversion and brotherly reconciliation. As the minister of the word and of the grace of reconciliation, we respond to this sign of the interior dispositions of the pilgrims and of the renewed resolve of the Christian people whom they represent, by imparting the gift of the jubilee indulgence, insofar as we are able, to all the pilgrims who come to Rome and to all those who, though prevented from making the journey, accompany them in spirit. II It is well known from the Church's very ancient custom that the indul-gence attached to many penitential practices was granted in a special way as a gift on the occasion of pilgrimages to the places sanctified by the life, passion, and resurrection of our Savior Jesus Christ and by the confession of the Apostles. Today, too, we associate ourself with that venerable tradition, according to the principles and norms that we have ourself laid down in the apostolic constitution Indulgentiarum doctrina~'; and which we wish to recall briefly at this point. Since Christ is our "justice" and, as has been fittingly said, our "indul-gence," we, as the humble minister of Christ the Redeemer, .willingly extend a share in the gift of the indulgence~in accordance with the Church's tradi-tion- to all the faithful who, through a profound conversion of heart to God, through works of penance, piety, and brotherly solidarity, sincerely and fervently attest their desire to remain united in charity with God and l~See Lk 10:42; Mt 6:33. ~6Apostolic Constitution, lndulgentiarum doctrina: AAS v. 59 (1967), pp. 5-24. Papal Bull Proclaiming the Holy Year / 997 their brethren and to make progress in that charity.~: In fact, this sharing comes from the fullness of the treasury of salvation which is primarily found in Christ the Redeemer Himself, "in whom the satisfactions and merits of His redemption subsist in all their value.''xs In this'fullness in Christ, which we have all received,x" there shines forth "the most ancient dogma of the communion of saints, whereby, in Christ and through Christ, the lives of the individual sons of God are linked with the lives of all the other Christian brethren by a marvelous bond in the supernatural unity of the Mystical Body of Christ, as in one mystical person.''~° For, "by the hidden and benevolent mystery of the divine will, men are linked together in a supernatural relationship, whereby just as the sin of one also harms the others, so also the holiness of one is beneficial to the others.'''-'~ By means of the indulgence, the Church, making use of her power as minis-ter of the redemption of Christ the Lord, communicates to the faithful a sharing in this fullness of Christ in the communion of saints,'-"-' providing them with the ample means of salvation. Thus the Church, aiding and embracing them like a mother, sustains her weak and infirm children, who.find a firm support in the Mystical Body of Christ, which in its entirety works for their conversion through charity, example, and prayer. Thus penitents find in this singular form of ecclesial charity a powerful aid to help them put off the old man and put on the new. Conversion and renewal consist precisely in this.'-':' In fact, the Church's aim in granting indulgences is not only that of helping the faithful expiate the punishment they have deserved but also that of stimulating them to carry out works of piety, penance, and charity, and in particular works that serve to favor the growth of faith and the common good.~' III For this reason, interpreting.as it were the Church's maternal sentiments, we impart the gift of the plenary indulgence to all the faithful who are prop-erly disposed, and who, after confessing their sins and receiving Holy Communion, pray for the intentions of the supreme pontiff and the college of bishops: 1:See Paul V1, Letter to Cardinal de Fiirstenburg Officially Announcing the Beginning o! the 1975 Holy Year, dated May 31, 1973: AAS, v. 65 (1973), pp. 357-60. ~SApostolic Constitution, lhdulgentiarum doctrina, 5: AAS, v. 59 (1967), p. 11. ~gSee Jn 1:16. -~0Apostolic Constitution, lndulgentiarum doctrina, 5: AAS, v. 59 (1967), pp. 10-1; and see St. Thomas Aquinas, Summa theologiae, III,q.48,a.2 adl; and q.49,a.l. ZlApostolic constitution, lndulgentiarum doctrina, 4: AAS, v. 59 (1967), p. 9. '-'Zlbid., 8: AAS, v. 59 (1967), p. 16. '-':~See Paul VI, Letter to Father 'Constantine Koser on the 750th Anniversary o] the Portiuncula Indulgence, dated July 14, 1966: AAS, v. 58 (1966), pp. 631-4. z4See the Apostolic Constitution, lndulgentiarum doctrina, 8: AAS, v. 59 (1967), p. 17. 998 / Review Jor Religious, Volume 33, 1974/5 (1) If they undertake a sacred pilgrimage to one of the patriarchal basilicas (the basilica of St. Peter's in the Vatican,,St. Paul's Outside-the- Walls, ttie Lateran Archbasilica of the Most Holy Savior, or St. Mary Major), or to some other church or place of the city of Rome designated by the competent authority, and devoutly take part in a liturgical celebration there, especially the Sacrifice of the Mass, or some exercise of piety (e.g., the way bf the cross, the rosary); (2) If they visit, in a group or individually, one of the four patri-archal basilicas and spend some time there in devout recollection concluding with the Our Father, the profession of faith in. any approved form, and a prayer to the Blessed Virgin Mary; (3) If, being prevented by illness or some other grave reason from going on a pilgrimage to Rome, they unite themselves spiritually with this pilgrim-age and offer their prayers and sufferings to God; (4) If, being prevented while in Rome. by illness or some other grave reason from taking part in a liturgical celebration or exercise of piety or visit made by their group (ecclesial family or social, as mentioned in 1 and 2 above), they unite themselves spiritually with the group and offer their prayers and suffering to God. During the Holy Year, moreover, the other concessions of indulgences remain in force, with the proviso as before that a plenary indulgence can be gained only once a day;~'' however, all indulgences can always be applied tb the dead in modo suffragii."-''~ For the same reasons, namely, in order that the faithful be provided with ¯ every possible aid to salvation, and to help priests, especially confessors, we proclaim that confessors taking part "in the jubilee pilgrimage may use the faculties they have been given in their own dioceses by the legitimate au-thority,~ so that both on the journey and in Rome they may hear the con-fessions of the faithful accompanying them on the pilgrimage, and also the confessions ot~ others who, together with the members of their own group, may approach them. The right of the penitentiaries of the patriarchal basilicas regarding the confessionals reserved to them is maintained,'-'~ and special faculties will be granted by the Sacred Apostolic Penitentiary to the penitentiaries. IV We stated above that the following two principal purposes have been established for the Holy Year: spiritual renewal in Christ and reconciliation with God, and we have said that these aims concern not only the interior '-',~See Enchiridion indulgentiarum, norma 24, para. 1. ~Ibid. norma 4. ~zSee Paul VI's motu proprio, Pastorale munus, I, 14: AAS, v. 56 (1964), p. 8. "-SSee First Synod o] Rome, 1960, art. 63. Papal Bull Proclaiming the Holy Year / 999 life of each individual but the whole Church, and also, .in a certain sense, the whole of human society. For this reason we earnestly exhort all con-cerned to consider these proposals, to undertake initiativ,es and to coordinate programs so that during the Holy Year real progress may be made in the renewal of the Church and also in the pursuit of certain goals very dear to us, in accordance with the farsighted spirit of the Second Vatican Ecu-menical Council. Repentance, the purification of the heart, and conversion to God must consequently bring about an increase in the apostolic activities of the Church. During the Holy Year, therefore, generous efforts must be made to further evangelization, which is certainly the first of all the activities to be promoted. For the pilgrim Church "has been divinely sent to all nations that she might be 'the universal sacrament of salvation' "'-'~' and she "is by her very nature mis.sionary,' . and in the course of her history is renewed to the extent that she shows herself ready to accept and to deepen through faith the gospel of Jesus Christ the Son of God, and to proclaim His saving message to men by word and the witness of her life. The coming assembly of the Synod of Bishops does not have a merely extrinsic and fortuitous connection with the Holy Year.-On the contrary, as we have already stated, "a zealous effort must be made to coordinate and closely link both these ecclesial events.'':~ In this regard the Synod will pro-pose directives and suggestions for the reflection of pastors gathered about the supreme pontiff, so that they may carefully consider in the light of faith "the evangelization of the modern world," taking into account, in the light of the charity of Christ, the wishes of the whole Church and the more urgent needs of our time. Therefore devout attention to the word of God together with catechetical instruction given to the faithful of every state and of all ages must lead Christians to purify their way of life and to a higher knowledge of faith; it must dispel doubts and stimulate the negligent to joyfully activate in their lives the gospel message; it must impel everyone towards a conscious and fruitful sharing in the sacraments; it must encourage communities and indi-viduals to give witness to the faith by the uprightness and strength .of their lives, so that the world may see the reason for the hope that is in us.:"-' Now ten years after the SecQnd Vatican Council began, the great and salutary work of renewal in the fields of the pastoral ministry, the practice of penance, and the sacred liturgy, we consider it altogether fitting that this z~Vatican Council II, Ad gentes divinitus (Decree on the Missionary Activity o] the Church), I: AAS, v. 58 (1966), p. 947. :"qbid., 2: AAS, v. 58 (1966), p. 948. :;~"Discourse to the General Secretariat of the Synod of Bishops," Osservatore romano, April 6, 1974, p. 4. :~See 1 Pt 3:15. 1000 / Review jor Religious, Volume 33, 1974/5 work should be reviewed and furthered. If what the Church has clearly approved is kept in mind, it will be possible to recognize the valid and legitimate elements to be found in the many and varied experiments that have been carried out everywhere. Similarly, these same elements can, by a more earnest effort, be put into practice in accordance with the norms and principles suggested by pastoral prudence and a sense of true piety. The presence of large numbers of pilgrims, both pastors and people, from Christian communities throughout the world, brought together in Rome by a fraternal desire to gain the true benefits of the grace and love of Christ, will undoubtedly afford excellent opportunities for putting forward, comparing, and evaluating studies and viewpoints of various kinds. This will most cer-tainly bc the case if congresscs and meetings are held at different levels in the ecclesial community and by varied groups of experts, and provided that prayer and a ready willingness to carry out the apostolate are joined together. At this point we wish to draw particular attention to the need to find a just and proper balance between the differing demands of the pastoral min-istry today, a balance similar to that which has been admirably achieved in the sacrcd liturgy. We refer to the balance between tradition and renewal, b~twccn the necegsarily religious nature of the Christian apostolate and its effectivencss as a force in all fields of social living, between free and spon-taneous activity--which some are accustomed to call charismatic--in this a.postolate and fidelity to laws based on the commands of Christ and of the pastors of the Church. For these laws, laid down by the Church and con-tinually brought up to date, make allowance for individual experiments within the Christian community, in such a way that they are a help in build-ing up the body of Christ, which is the Church, and not a hindranceY:' We wish likewise to draw attention to the ever increasing need to pro-mote the kind of apostolate which, without damaging the Church's necessary and traditional institutions, namely dioceses and parishes, takes special account of particular local circumstances and categories of people. Such an apostolate must ensure that the leaven of the gospel permeates those forms of modern social living which often differ from traditional forms of ecclesial life and seem foreign to the communities "in which the faithful gather to-gether and are linked" in prayer, faith, and charity. The forms we are thinking of are principally those of workers, members of the academic world, and young people. It will also be necessary to examine carefully the methods of teaching religion and of preaching the sacred word of God, to insure that they meet the needs of our time. This mt~st be done with the aim of finding effective methods. Special care must be taken to insure that the media of social com-munications promote the human and Christian progress both of individuals and of communities. :~.aSee Rm 15:2; 1 Cor. 14:3; Eph. 4:12. Papal Bull Proclaiming the Holy Year / 1001 These are questions of the greatest seriousness and importance. We must face up to them and with humble prayer seek the grace of the Holy Year in order to solve them. V As is well known, i~ recent years one of the Church's most pressing con-cerns has been to disseminate everywhere a message of charity, of social awareness, and of peace, and to promote, as far as she can, works of justice and solidarity among all men, whether individuals, social groups, or peoples. We earnestly desire, therefore, that the Holy Year, through the works of charity which it suggests to the faithful and which it asks of them, should be an opportune time for strengthening and supporting the moral conscious-ness of all the faithful and of that wider community of all men which the message of the Church can reach if an earnest effort is made. The ancient origins of the jubilee as seen in the laws and institutions of Israel clearly show that this social dimension is part of its very nature. In fact, as we read in the Book of Leviticus,:" the jubilee year, precisely be-cause it was dedicated in a special way to God, involved a new ordering of all things that were recognized as belonging to God: the .land, which was al-lowed to lie fallow and was given back to its former owners; economic goods, insofar as debts were remitted; and, above all, man, whose dignity and free-dom were reaffirmed in a special way by the emancipation of slaves. The year of God, then, was also the year of man, the year of the earth, the year of the poor, and upon this view of the whole of human reality there shone a new light which emanated from the clear recognition of the supreme dominion of God over the whole of creation. In today's world also the problems which most disturb and torment mankind--economic and social questions, the question of ecology and sources of energy, and above all that of the liberation of the oppressed and the uplifting of all men to a new dignity of life-~can have light cast on them by the message of the Holy Year. We wish, however, to invite all the sons and daughters of the Church, and especially the pilgrims coming to Rome, to undertake certain definite tasks which, as successor of Peter and head of that church "which presides over the universal gathering of charity,'':~' we now publicly propose and com-mend to all. We refer to the carrying out of works of faith and charity for the benefit of our needy brethren in Rome and in other chu'rches of the world. These works will not necessarily be grandiose ones, although such are.in no way to be excluded. In many cases what are today called "micro-realizations" will be sufficient, corresponding as they do to the gospel spirit of charity. In this field the Church, in view of the modest resources at her :~"Lv 25: 8ff. :~r'See St. Ignatius of Antioch, Epistle to the Romans, salutation: Funk, v. 1, p. 252. 1002 / Review jot Religious, Volume .33, 1974/5 disposal, will perhaps have to limit herself more and more to giving men nothing more than the widow's mite.:"~ But she knows and teaches that the good which counts most is that which, in humble and very often unknown ways, manages to provide help where there is a small need and to heal small wounds--things which often find no place in large projects of social reform. Nevertheless, the Church feels that it is necessary to give encourage-ment also to these larger programs for promoting justice and the progress of peoples. She renews her call to all those who have the power and the duty to build up in the world a more perfect order of social and human relations, urging them not to give up because of the difficulties of the present times and not to be won over by selfish interests. Once more we make a particularly strong appeal on behalf of developing countries and of people still afflicted by hunger and by war. Let special attention be given to the many needs which oppress man today, to the finding of employment by which men can provide for the needs of life, to housing which so many lack, to schools which need much assistance, to social and medical aid, and to the develop-ment and safeguarding of decent public moral standards. We should like also to express the humble and sincere desire that in this present Holy Year, too, in accordance with the tradition of previous jubilees, the proper authorities of the different nations should consider the possibility of wisely granting an amnesty to prisoners, as a witness of clemency and equity, especially to those who have given sufficient proof of moral and civic rehabilitation, or who may have been caught up in political and social upheavals too immense for them to be held fully responsible. We express in anticipation our gratitude ~ind invoke the Lord's abundant blessings on all those who will strive to insure that this message of charity, of social awareness, and of freedom, which the Church addresses to all men in the lively hope that she may be understood and listened to, is ac-cepted and translated into reality in the political and social order. In express-ing this hope we are conscious of following a wonderful tradition which began with the law of Israel and found its fullest expression in our Lord Jesus Christ who, from the very beginning Of His ministry, presented Him-self as the fulfillment of the ancient promises and figures connected with the jubilee year: "The spirit of the Lord is upon me, because he has anointed me to preach good news to the poor. He has sent me to proclaim release to the captives and recovery of sight to the blind, to free those who are oppressed, to proclaim the acceptable year of the Lord.'':~: Vl If there is one spiritual advantage which we especially desire from the :";See Lk 21:2; Mk 12:42. ZrLk 4:18-9. Papal Bull Proclabning the Holy Year / 1003 celebration of the Holy Year, .it is an increase in the number of those who devote their lives to serving the Church, especially priests and religious. For in order that the paths of grace and the means of salvation which the Holy Year indicates and offers to all the faithful may be properly explained and made available, there will always be a need for those sacred ministers and witnesses of Christ's gospel who by completely following the Lord show their fellowmen, namely the men of this and subsequent ages, the way of penance and of holiness. Thus, the voice of God must be listened to diligently. He never ceases to stir up and invite chosen individuals to dedicate themselves generously to the .service of the Church and the whole human race by the exercise of the priestly ministry and by the faithful witness of the religious life. Some will be called by God to offer themselves to Him through obedience and sacred celibacy and as priests of Christ to teach and sanctify and lead the faithful wherever they may be. Others, men and women of various ages and conditions, will be attracted to the religious life, so that by fulfilling their baptismal promises through a higher way of life they may fully live in the spirit and truly benefit the Church and society. We desire strongly that the multitude of these especially dear members of the Church may increase and flourish more and more, so that through their priesthood and t~e~activity of their religious life they may bear the joyful message of Christ to the ends of the earth and all give glory to the heavenly Father. VII Finally, we wish to proclaim and preach that the reconciliation of Chris-tians is one of the principal aims of the Holy Year. For, before all men can be brought together and restored to the grace of God our Father, com-munion must be reestablished between those who by faith have acknowl-edged and accepted Jesus Christ as the Lord of Mercy who sets men i~ree and unites them in the spirit of love and truth. For this reason the jubilee year, which the Catholic Church has accepted as part of her own custom and tradition, can serve as a most opportune period for spiritual renewal and for the promotion of Christian unity. We would, moreover, point out that the Second Vatican Council has taught that every effort and undertaking directed toward the reconciliation of Christians and all true ecumenism must necessarily start from an inner conversion of the heart, since the desire for Christian communion springs and grows from spiritual renewal, self-denial, the full exercise of charity, and fidelity to revealed truth?~ It is here that there is to be found the full and proper realization of the whole ecumenical movement to which the Catholic Church adheres as far as she is able, and through which Churches and communities not yet fully .~sSee Unitatis redintegratio (Decree on Ecumenism), 7: AAS, v. 57 (1965), p. 97. 1004 / Review [or Religious, Volume 33, 1974/5 in communion with the Apostolic See seek and desire the perfect unity willed by Christ. It is in fact the task and duty of the whole Church to reestablish this unity in full ecclesial communion.:'~' The year of grace, in this sense, provides an opportunity for doing special penance for the divisions which exist among Christians; it offers an occasion for renewal in the sense of a heightened experience of holiness of life in Christ; it allows progi'ess toward that hoped for reconciliation by intensified dialogue and concrete Christian collaboration in the salvation of the world: "that they also may be one in us, so that the world may believe.'''~ We have expressed once more our intentions and our desires concerning the celebration of the Holy Year in this city of Rome. Now we invite our brothers in the episcopate and all the pastors and faithful of the churches throughout .the world, of those churches also which are not in full communion with the Roman Church, and indeed all who believe in God, to participate at least spiritually in this feast of grace and redemption, in which Christ offers Himself as the teacher of life. Together with the pastors and faithful on pilgrimage to the tombs of the Apostles and the early martyrs, we desire to profess faith in God the almighty and merciful Father and in Jesus Christ our Redeemer. For our part we would hope that all who come to Rome to see Peter'1 may through us experience in the Holy Year the truth of the words of St. Leo the Great: "For in the whole church Peter repeats each day, 'You are Christ the Son of the living God,' and every tongue which confesses the Lord is inspired by the teaching of this voice.'"': We would wish also that through our ministry and that of our brother priests a huge multitude of faithful may come to the sources of salvation.":' May the holy door which we shall open on the night of Christmas Eve be a sure sign of this new approach to Christ who alone is the way"" and the door.4'~ It will be a sure sign too of the paternal affection with which, filled with love and desiring peace, we open our heart to all. We implore the Blessed Virgin Mary, the holy Mother of the Redeemer and of the Church, Mother of grace and of mercy, collaborator of reconcili-ation and shining example of the new life, to ask her Son to grant to all our brethren and sons and daughters the grace of this Holy Year, to renew and preserve them. To her hands and to her maternal heart we commend the beginning, the development, and the conclusion of this most important matter. 3Olbid., 5: AAS, v. 57 (1965), p. 96. 4°Jn 17:21. 41See Gal 1 : 18. 4"-Sermon 3: PL 54, 146. ¯ ~:~See Is 12:3. ¯ ~4See Jn 14:6. t~See Jn 10:7,9. Papal Bull Proclaiming the Holy Year / 1005 We wish this our letter to take full and immediate effect in such a manner that. whatsoever has been laid down and decreed in it be religiously ob-served by all concerned and come into force, all things to the contrary not-withstanding. If anyone knowingly or unknowingly shall act other than in accordance with what we have laid down, we order that such action be con-sidered altogether null and void. Given in Rome, at St. Peter's, on the 23rd day of May, the solemnity of the Ascension of the Lord, in the year 1974, the 1 lth of our pontificate. 1, Paul, Bishop of the Catholic Church The American Religious, Evangelizer at Home Peter J. Henriot, S.J. The following is the text of the address that Father Henriot delivered to the 17th Annual Assembly of the Conference of Major Superiors of Men held in Chicago June 16-20, 1974. Father Henriot is a staff associate of the Center of Concern; 3700 13th Street, N.E.; Washington, D. C. 20017. In a recent article in America magazine, Father Hubert Horan, a White Father who spent several years as a missionary in Tanzania, questioned whether the topic of the upcoming Synod, "evangelization," was a "cop-out," a retreat from more potentially controversial questions. Given his own mis-sionary understanding of "evangelization," he felt that it certainly was not an insignificant topic, but one which would be rich and fruitful in increasing our understandings and actions as Church in the world today. But Father Horan did admit that the term is a "slippery one," open to ever wider and wider interpretations. In a sense, we might say that evangelization, like charity, "covers a multitude of sins." Thus in countless discussions preceed-ing, during, and after the Synod this fall, discussions such as we are in-volved in these days here in Chicago, this topic will be explored, broadened and narrowed, and, hopefully, appropriated in our own individual lives and in the lives of our communities. This morning, in addressing the topic, "The American Religious, Evan-gelizers at Home," I will not be offering you any neat and compact new definition of evangelization. I know that you all recognize the difficulty-- the folly---of attempting that, since we are all grappling with what this term means. I do not apologize, therefore, for using the meaning which the official pre-Synod document has adopted for the sake of clarity, namely, "the activity whereby the Church proclaims the gospel so that the faith may be aroused, may unfold, and may grow." The American Religious, Evangelizer at Home / 1007 Evangelization and Action for Justice How the A~erican religious is called upon today, to take part in this task of evangelization is a question critical to our vocation of service in the Church. I would like to narrow our focus of attention during this day to one aspect or dimension of the task of evangelization, an aspect which was defined and delineated at the last Synod in 1971. This aspect ,is found in a sentence which I must adroit I have probably overused by quoting it inces-santly, "in season and out of season." The sentence is from the Synod's statement, Justice in the World: Action on behalf of justice and participation in the transformation of the world fully appear to us as a constitutive dimension of the preaching of the Gospel, or, in other words, of the Church's mission for the redemption of the human race and its liberation from every oppressive situation. The preaching of the gospel--the task of evangelization--includes as a "con-stitutive dimension" the task of "action for justice," the commitment to trans-form a world where increasingly we hear, again in the words of the Synod, "the cry of those who suffer violence and are oppressed by unjust systems and structures." I want to share with you this morning my own understanding of why [l~is "action for justice" is constitutive to the task of evangelization, and why it is worth reflecti~ng on, praying over, and resolvihg about in our focus on the "American Religious, Evangelizer at Home." But let me firs[ make one thing perfectly clear, to borrow a phrase. My emphasis here is not upon "social action," the "social apostolate," or similar segmental aspects of religious life. My emphasis is upon a characteristic, a modality, of religious life which must--if religious life is to be evangelical--be c6nstitutive of its existence and practice~ in our Church and our world today. The Global Scene Our discussion has to be placed in context, and not carried on in a vacuum. "]'he context is our modern world, where, again citing the words of the 1971 Synod, "social structures place obiective obstacles in the way of conversion of hearts, or even of the realization of the ideal of charity." Less than two weeks ago I participated in a conference of over one hundred major religious leaders from Protestant, Catholic, and Jewish groups in the United States, called to discuss and plan the response of churches and synagogues to the current crisis in .global justice. During three days we heard factual analyses of the world situation from diverse figures such as Robert McNamara, President of the World Bank, and Neville Kanakaratne, Ambassador to the United States from Sri Lanka (Ceylon) and a leading Third World spokesperson. We heard theological analyses of'Why religious people should respond, from people such as Archbishop Marcos McGrath of Panama, and Rabbi Marc Tannenbaum, of the American Jewish Com- 1008 / Review [or Religious, Volume 33, 1974/5 mittee--who both spoke of liberation from oppression as being central to the message of God's dealing with His people. And the participants planned and committed themselves to strategies for change: through the political system, in lifestyle, in education, in investment policies, and so forth. Finally, the conference received a ringing "statement of conscience," which spoke of the need for a profound conversion, in values, interests, and loyal-ties, in policies, institutions, and patterns of behavior, if any effective steps were.to be taken toward meeting the crisis of global justice. I would like to read one of the opening paragraphs of that statement to you, because I believe that it puts a context to some of the things we will be discussing~ The conference said: As Americans we have come to realize how many of our national policies, of our institutional structures of production, marketing and defense, and of our current personal patterns of conduct and consumption, are all inextricably linked to the ongoing av, d explosive global catastrophe of famine, hunger and malnutritior~; which continues to claim millions of lives every year in various parts of the world. Things are not getting better. The rich are getting richer, the poor poorer. Many millions will die this year from starvation. Hundreds of millions of children will be so undernourished that, if they survive at all, their physical and mental development will be seriously retarded. This is our world. The conference was able to say those things because it had put before it a description of a world marked by the twin horrors of hunger and repression. With the price of grain tripled in the past few months and the present world food reserves down to 27 days, the lowest since World War Two, the spectre of famine is a daily reality to millions of people in Africa and the Indian sub-continent. World-wide inflation, heightened through the quadrupling of the price of oil in the past year, means that the increasingly scarce resources of our finite world are getting even scarcer. And the world's population, now approaching 4 billion, will double in the next 35 years--except for the intervention of war and/or famine. Such deadly intervention is, of course, a real possibility. In a globe increasingly small, increasingly finite, and increasingly in-terdependent, two-thirds of the people of the world live in conditions of des-titution and degradation, while one-third enjoy the rich blessings created for all humankind. It is a literal re-enactment of the Dives and Lazarus story. Justice Needs at Home But in setting the context here, even so cursory a reference to the global scene should not distract us from the problems of social justice here at home. Those of you who live and work in major urban areas know that our cities, though outwardly quiet in the past few years, continue to see unrest, amidst conditions of unemployment, poor housing, and poor educa-tional systems. Our political system--as we approach the celebration in song and dance of our Bicentennial--seems paralyzed, locally as well as The American Religious, Evangelizer at Home / 1009 nationally, to deal with issues such as prison reform, tax reform, medical care, and so forth. One out of six Americans lives below a poverty line of what is required for basic health and well-being; the unemployment rate rose again last month to around 51/2%, with the rate of non-whites twice as high; inflation con-tinues to eat away the savings of the elderly and those on fixed incomes; while' life expectancy for the'average American is now around 71 years, for the non-white it is ten years less; and the U.S. infant mortality rate is one of the highest of any major industrialized nation in the world. Ten million Americans go to bed hungry every night in our land of diet cola and weight-reducing programs. Structural and Systemic Approaches This picture of social injustice--globally and nationally--is nothing new to you, I am sure. What might be new to you is the emphasis I want to give to the structural, systemic nature of the problems. We are not talking about isolated instances of poverty and injustice, but of the socio-economic-polit-ical structures, institutions~ and processes which create and perpetuate these problems. We need to move, as Gustavo Gutierrez suggests, from an "anec-doctal" approach to social problems to an "analytical" approach. Not stories about cases of injustice, but systemic analysis of why the injustices exist: only this will help us to experien~:e that call to profound conversion I spoke of earlier. This structural approach to injustice is central to the understanding of evangelization we are addressing here. It is central to the q971 Synod's discussion of "the systematic barriers and vicious circles" which hinder true justice. It is central to an appreciation of the strongest statement made by the Synod, when the Bishops described the present-day situation of the world as "marked by the grave sin of injustice." For the structural social injustice in our world and our nation is nothing less than sin, social sin. Social Sin and Evangelization Herein 'lies the reason why "action for justice" and transformation of the structures of injustice is constitutive to the preaching of the Gospel, to the task of evangelization. It is a continuation of the saving work of Jesus, who frees us from the bondage of sin: "For Gods~ loved the world that he gave his only son, so that everyone who believes in him may not be lost, but may have eternal life. For God sent his son into the world not to condemn the world but so that through him the world might be saved" (Jn 3:16-8). We Christians talk about sin only because we can talk of redemption, of grace. St. Paul tells us: "Where sin abounded, grace has abounded all the more" (Rm 5:20). And so as we speak of social sin, we also speak of social grace, God's revealing goodness and love in the social structures, institutions, and processes which we have created down through history. 1010 / Review /or Religious, Volume 33, 1974/5 It is precisely to fight against social sin, and to cooperate with social grace, that we Christians engage in "action for justice," that is, commit our-seives to the cause of social justice. Such action is not peripheral to the task of evangelization but is integral, constitutive. The 1971 Synod summarized this by saying: The mission of the preaching of the Gospel dictates at the present time that we should dedicate ourselves to the liberation of man even in his present ex-istence in ~this world. For unless the Christian message of love and justice shows its effectiveness through action in the cause of justice in the world, it will only with difficulty gain credibility with the men of our times. Thus the American religious evangelizer is, in a very true and genuine sense, the socially just religious, the socially just community. Note again that I am not speaking of social justice as an "apostolate" or as "work" or "projects." Social justice is a way o[ li[e which is integral to the.religious re-sponse to the call of the gospel. As integral to the gospel, it is something which cuts across all aspects of the evangelical life which we profess. It is living out of values which are counter to the values embodied in oppressive structures; it is a simplicity which says no to the conspicuous consumption which wastes the world's finite resources; it is a sharing which says no to the hoarding of the affluent in a world of so much poverty; it is a reaching out which says no to the dominance of entrenched power over the weak; it is a hope which says yes, there is a possibility of social change for a more just world. Action for social justice, then, is evangelization, a preaching of the good news to the poor, because our fundamental religious option is on the side of the poor, the powerless, the oppressed. We can do no less, reminded as we are by Mary's Magnificat of the fundamental option of God who has "pulled down princes from their thrones and exalted th.e lowly; the hungry he has filled with good things, and the rich sent away empty" (Lk 1:53-4). Concrete Implications Against this background of an understanding of the American religious evangelizer as the just religious, the just community, I would like to discuss some concrete implications which I see coming from this structural approach. I believe that they are only further extensions of what Father Paul Boyle wrote in his letter in the spring of 1972, urging CMSM members to be "witnessing and educating to social justice," and of what your own 1972 CMSM Assembly affirmed in the several resolutions you passed on the topic of social justice. For the sake of our exploration here this morning, I will speak in terms of the traditional aspects of evangelization, word, witness, and work. The word refers to the vision we religious have and relates particularly to the topic of formation; witness refers to our credibility, and relates to our life The American Religious, Evangelizer at Home / 1011 style; and work refers to the corporate thrust of the 9ommunity, and relates here specifically to the question of leadership. 1. Formation It has become increasingly accepted--theologically, philosophically, sociologically--that it is only possible to speak of the reality of a human person today by taking into full account the three dimensions of human existence: the individual, the interpersonal, and the public. These are not three separate and distinct dimensions so much as three moments in our perception of a single reality. The individual dimension is the realm of the private, the intimate. The person is an individual in as much as he/she is unique. The interpersonal dimension, on the other hand, is constituted in those relationships by which one individual deals with another in either, the limited sense of an 1-Thou encounter or in an extended sense of ordinary" societal dealings, The public dimension, however, includes the projections of individual and interpersonal existence into the institutions, structures, and processes of society. The person is organically one with these projec-tions. The identity of a human person is inadequately situated outside this triadic framework, this consideration of all three dimensions simultaneously. For this reason, the formation process of the American religious evangelizer must take account of the public dimension, the area of a person's involve-ment in and interaction with social structures, processes, and institutions. This formation--and I include the preparation of the novice, the training appropriate to brothers or. priests, the on-going "continuing education" programs for everyone in the community--should take account of the peculiar situation of the religious in the United States and the Roman Catholic Church of this last quarter of the twentieth century. Let me briefly suggest three points to be taken note of in this formation. "Spiritual Renewal and Social Justice Action First, there is great need today for an integration ,of the so-called "spiri-tual renewal" movement with the movement for greater social justice. We are experiencing in the Church today th6 movement of the Holy Spirit, renewing us through a heightened attention to prayer and faith, a growing acceptance of shared prayer, directed 'retreats, discernment workshops, spiritual direction, and the increasing activity, of charismatic, Pentecostal groups. Last year's annual CMSM Assembly was especially devoted to "building the faith community?' But I think that we are all aware that a danger lies in the possibility of a "turning inward," a false "spiritualism." Thus there is the potential case of someone becoming involved in these spiritual activities, spi,ritual ministries, as an escape from involvement with the evangelical task of changing unjust social structures. This might be understandabl~, given some of the flurry of "social action" during the 1960's, 1012 / Review [or Religious, Volume 33, 1974/5 and also the intensity of challenge in the authentic struggle for social reform. But we religious would surely fail in our responsibility to our Church and our world if we did not make every effort to integrate the two great dy-namisms moving around us today, the call for more active°social justice and the drive for more deeply renewed interiority. Social Determinisms Second, we have to attend in formation to the power of the "social determinisms" which affect all of us American religious. These determinisms are part of our culture and infringe upon the full exercise of our freedom. They provide the context, the milieu, within which choices are made. I will mention three of them which my colleagues at the Center of Concern have in recent months been analyzing--the implications of which I believe you ¯ °will all realize. (a) "Cultural addictions"--those patterns, habits, styles of life which we become acculturated, socialized, to from birth. Though frequently lived out inadvertently, these cultural addictions have a powerful influence over our choices, for example, in the matter of life style in this affluent, consumption-oriented nation. (b) "'Mindsets"--those perceptual frameworks, paradigms, which guide our thinking, our viewing of reality. For example, we Americans tend to be highly mechanical, pragmatic, problem-solving, "can-do,'" in perception. (c) "Class bias"--those socio-economic-political expectations and ideologies which influence our patterns of speech, behavior, judgment. Since the majority of religious come from the middle-class and few, I suspect (though I am open to correction on this), from the working class, we have a class orientation which provides us with specific sets of norms, values, and attitudes. These social determinisms operate in us all. Think for a moment of examples in different members of your community, and in yourself. They must be recognized and critically examined if we American religious are. ever to raise questions, for instance, about the global social justice implica-tions of the American way of life, of being Number One, of the spirit of competition, and so forth. Need for Sociological and Theological Analysis Finally, we need to foster in all stages of formation, for young and old alike, a deepening insight into both the sociological analysis of the struc-tures of injustice and the theological analysis of the imperatives of justice. How knowledgeable are the members of our community, for example, about the facts of world population; about the institutions of global trade such as tariffs, multi-national corporations, and monetary arrangements; about the relationship of the current food crisis to the energy crisis through the link of the fertilizer shortage? How aware are we religious about the structures of injustice in our own country--inequitable tax systems, the policy of "red- The American Religious, Evangelizer at Home / 1013 lining" on housing mortgages, zoning policies, cost of medical care for the elderly, the farm worker problem? And how conversant are we about the Church's social consciousness as articulated through the great documents of "~Rerum novarum, Quadragesimo anno, the Christmas messages of Pius XI1, Mater et Magistra, Pacem in terris, Gaudium et spes, Octagesima adveniens, Justice in the World? What do we know of the theology of liberation, and other expressions of social theology? My several questions, of course, may simply be unfair. I am not saying that all religious need to be social scientists or social theologians. But the questions do point to the continual need to update ourselves in the reality of the world we live in--a need which can be met only through organized efforts in formation. And our updating must include not only study but also experience, the real praxis of which Paulo Freire speaks. Only then can we religious hope to be about the task of evangelization. 2. Life Style In one of several disturbing passages in the 1971 Synod's statement Justice in the World, the bishops addressed the issue of the credibility of the Church regarding its message of social justice. Its credibility, the document said, was affected by its own mode of acting, and in the possessions and life style found in the church. Two passages are particularly relevant. In speak-ing of temporal possessions, the Synod argued that the evangelical witness the Church is obliged to give should never become ambiguous because of privilege, power, and wealth--the gospel must be proclaimed to the poor. "If instead the Church appears to be among the rich and the powerful of this world, its credibility is diminished." Again, the Synod suggests an examina-tion of conscience regarding life style, wherein we ask ourselves "whether our life style exemplifies that sparingness in regard to consumption which we preach to others as necessary in order that so many millions of hungry people throughout the world may be fed." Now I know that we religious have all been engaged at great length in discussions about the meaning of our vow of poverty today. I.know that we all cringe when we hear remarks like that of Bishop Sheen--and I usually don't quote Bishop Sheen in my talks--to the effect that "There are millions of people who would be only tOO glad to take a vow of poverty." Yes, would that the poor of the world had such a luxury to embrace religious poverty! Changes in Religious Poverty But I really think that the terms of the discussion and debate over religious poverty have changed in recent years. While still recognizing the ascetical and spiritual value of the vow of poverty--linking it to the kenosis of the Lord Jesus--we are beginning to appreciate its social value, I might 1014 / Review for Religious, Volume 33, 1974/5 even says its political value. This appreciation is contained in the 1971 Synod's on "sparing and sharing" as a way to meet the challenge of global justice. It is found in the 1972 resolutions adopted by the annual CMSM Assembly, in which you yourselves pledged a program of action to promote within your communities greater simplicity of life style "to express our solidarity with the poor of the world and our respect for the needs of future generations." It is found in the 1973 Lenten pastoral letter of the Dutch Bishops, who discussed "Prosperity, Responsibility, Frugality," and spoke of the obligation of all Christians who live in an affluent nation to practice a socially-oriented sparingness as a no to even greater and greater con-su~ ption. And it is found recently, to speak of somethi~ng I know personally, in a communication of Father Pedro Arrupe, Superior General of the Society of Jesus, on "Simplicity of Life," in which he urges Jesuits to experi-ence an inner conversion to the poverty of Christ so that we can regain true apostolic credibility--especially with the poor. This would be shown in a simpler and hence freer life style. This communication is part of a con-tinual insistence on the part of Father Arrupe that unless Jesuits come to grips with the problem of their poverty, they have no future. In the socially unjust contemporary world, they deserve no future. This new dimension to an understanding and practice of religious poverty is linked to the realization that poverty and affluence, underdevelopment and oTerdevelopment, are correlatives. In a small, finite, and interdepen-d~ int globe, the extra serving of grain-fed beef on Dives' table means a smaller crumb of bread for Lazarus; the eight-cylinder automobile which guzzles petroleum products in the United States means a higher price for gasoline used to run the little irrigation pump on a small farmer's plot in India. The course of the Green Revolution--production of miracle grains to stave off famine in the developing countries--has in recent months come to a shattering halt because of the global shortage of fertilizer. But heavily-fertilized private lawns, golf courses, and cemeteries in the United States will not turn brown this summer. Freeing Ourselves [rom Affluence How can we American religious witness to an evangelization which really is a preaching of the Good News to the poor? We need to free our-selves from the subtle--and not so subtle--attachments to the affluent ways of our American life style. Today our simplicity of life is menaced, as Father Arrupe says, "not by a single but by a double danger. It is menaced not only by our built-in egoism, but by the consumer society in which we are plunged: a society that provides with such facility almost everything our egoism craves." We really do need freedom. But how free are we? (And I ask myself this question just as hard as I ask you.) Without making an effort to reduce our corporate resources and simplify our life styles, we American religious The American Religious, Evangelizer at Home / 1015 will continue to experience great unfreedom and our ability to be evan-gelizers will be hindered. Again I quote Father Arrupe: If, in a society of economic progress, abundance, and consumerism, we lack the spirit of poverty and the detachment derived from it, we run the risk, more than at any other time in the past, of becoming slaves. Slaves in many different ways: slaves of propaganda, of that high-pressure salesmanship which is the distinguishing mark of a consumer society; slaves of acquisiliveness, the drive to accumulate possessions which begin as luxuries and end up as neces-sities; slaves of snobbery, which limits our apostolic 9.ctivity, whether openly or tacitly, to a privileged social class. Poverty and simplicity of life, on the other hand, by reducing our needs to a minimum, sets us free--free to respond to any and every challenge of the apostolate. Three Points for Consideration Much could be said about promoting a response to that challenge of the apostolate, about promoting a life style which witnesses to the social dimension of evangelization I have been speaking of here. I mention only three brief points. First, because changes toward a simple life style run so counter to prevailing American values of consumption and affluence, there is need for religious communities to institute a positive, community-based and community-supported plan to reduce corporate resources and simplify individual and community life styles. The process does not come through pious wishes but through pragmatic plans. Second, continual community reinforcement and critique is required, to assure that efforts at simpler life styles are undertaken with a maximum of common sense, a minimum of self-righteousness, and a modiciam of good humor. Thirdly, we need a spirit of experiment, of risk, of adventure, in this task. A new citizen's lobby for affecting policy to meet the world hunger crisis, Bread for the World, has recently encouraged Americans to experi-ment with three meatless days a week, in order to curtail our dispropor-tionate consumption of~ meat--the most inefficient source of protein in a protein-short world. If religious communities in the United States were not risky enough to have offered this suggestion earlier, surely we could hope to be risky enough to try out the suggestion now that everyone is talking about it. 3. Leadership In developing the social dimension of the task of evangelization, I have spoken at considerable length of the word aspect of formation, and the witness aspect of life style. I will speak only briefly of the third and last aspect, the work aspect of leadership. Whereas I have had experience with formation programs (my own and others') and have analyzed and experi-mented with simpler life styles, I stand this morning before this august body of religious leaders with considerable hesitancy to speak about leadership. You have the experience--for better or worse!--which I lack. 1016 / Review [or Religious, Volume 33, 1974/5 But voices from below have never been lacking, so I would like to share with you at least two points. These relate to the promotion of the just community which I have called here the American religious evangelizer at home. The first point deals with models of support given by religious superiors for social change for justice, and the second deals with the issues of polarization and reconciliation. Superiors as Models of Support First, in relating to your communities in matters of social justice--in life style, education, spirituality, apostolate, corporate practices, and so forth--you obviously have several avenues of approach open to you. And here I am simply articulating out loud your own experience. You can exhort the group as a whole, calling them to a closer attention to the oppor-tunities and demands of "action for justice." This can be done by letter or conference or personal address to select groups. Or you can single out par-ticular persons and/or communities for a strong world of affirmation and encouragement. These persons or communities may be the "Abrahamic minorities" in your midst (to use the phrase Dom Helder Camara used last year in speaking to the LCWR) who struggle for justice in a tentative, prob-ing way on the fringes of community; or they may simply be those quiet, long-suffering members who hunger and thirst after justice in less noticeable ways. The approach of affirming these religious not only strengthens them in their work but also educates others in your community. Or again, decisions you take which have social justice impact, and ex-planations for these decisions which you share with your community and with the wider public, can be effective works of evangelization. I think of several instances in recent years where superiors have announced the opening of some new apostolate or the closing of some traditional apostolate, and explained their reasons in ways which significantly advanced the cause of social justice. Finally, there is the symbolic action of the superior who publicly speaks out on an issue of social justice, or personally involves him-self in some particular justice struggle. Last year's statement on universal and unconditional amnesty endorsed by many CMSM members, and the pa,rticipation of CMSM members on the picket lines of the Coachella Valley in support of the farmworkers, are two instances which come to mind. A statement this year by the CMSM in support of the Equal Rights Amend-ment would be a powerful contribution to the social justice issue of women's rights in our society. The point I wish to make in citing these various models of leadership action by religious superiors is simply to indicate explicitly the many ways which are open to you. Superiors, Polarization, and Reconciliation My second point touches on something which sometimes follows when The American Religious, Evangelizer at Home / 1017 this leadership in social justice has been exercised, or when the community really does get involved in "action for justice." This is the issue of polariza-tion in religious communities and the task of the religious superior to be a reconciler. The coming celebration of the Holy Year will emphasize the theme of reconciliation; several months ago, Father Paul Boyle wrote to the CMSM membership a letter discussing this topic. In the context of our focus here on the social dimension of evangelization, I have frequently heard it said that issues ofsocial justice sometimes divide religious communities. We American religious are clearly not all Democrats or,Republicans, con-servatives or liberals, capitalists or socialists. While we may agree in the abstract on many social pr.inciples (but then sometimes we do not even do that!), we usually do not find general agreement or consensus on specific, concrete problems and/or their proposed solutions. What is the religious superior to do when faced with division or po-tentially serious polarization. Let me caution against reconciliation. I say that because I am wary of an,effort to reconcile, smooth over, create consen-sus, where serious issues of social justice are at stake. Usually such recon-ciliation results in the more progressive point--which is frequently, but not always, the point of social justice--being 10st in compromise. At least let me suggest that sometimes reconciliation does not mean that two points of view are reconciled to each other, but that one point of view is reconciled to the point of view of the gospel. The superior who "reconciles" members ° of his community to social justice is truly about the work of evangelization. By Way of Conclusion Let me conclude these reflections of the word, witness, and work aspects of the task of evangelization by referring back to a point which Father Walter Farrell made last year in his summary remarks on the closing day of your CMSM Assembly, which had as its theme "The Role of the Major Superior in Fostering the Faith Community." Some of you may recall that Father Farrell commented that when you asa group talked about prayer, even about God's direct action in prayer, you were quite at ease. But the moment that social issues and the social dimensions of Christianity were raised, you became nervous. Now I was not there to notice your nervous-ness, so I will leave the point to your own memory and reflection. What I do hope and pray for this year is that any nervousness we feel will npt keep us from exploring openly and with feeling the topics I have sketched here this morning, the social structural dimension of evangelization, and its impli-cations for formation, life style, and leadership. Rather I would hope our nervousness would only be that of the Apostle Paul, who on one occasion was led to say: "Woe is me if I do not preach the Gospel!" Just as I began my presentation this morning with that Synod statement which I have overused by quoting again and again, I would like to end by quoting a Scripture passage which I have also much overused. But it is a 1011~ / Review ]or Religious, Volume 33, 1974/5 passage which is worth using again and again, especially in the context of the social task of evangelization we are discerning about today. It is from the fourth chapter of Luke: He came to Nazareth, where he had been brought up, and went into the synagogue on the sabbath day as he usually did. He stood up to read, and they handed him the scroll of the prophet Isaiah. Unrolling the scroll he found the place where it is written: The spirit of the Lord has been given to me, for he h~s annointed me. He has sent me to bring the good news to the poor, to proclaim liberty to captives and to the blind new sight, to set the downtrodden free, to proclaim the Lord's year of favor. He then rolled up the scroll, gave it back to the assistant and sat down. And all eyes in the synagogue were fixed on him. Then he began to speak to them, This text is being fulfilled today even as you listen. "This text is being fulfilled today even.as you listen." Really, that is the challenge of the "American Religious, Evangelizer at Home"--to strive mightly to assure that this text of good news for the poor, liberty for the captives, new sight for the blind, freedom for the oppressed, this text is indeed being fulfilled, yes, even today as we listen. A Christian Is a Poor Man Kevin O'Shea, C.Ss.R. Father Kevin O'Shea teaches theology at the Redemptorist College; Pennant Hills; Sydney, Australia. Poverty is the most difficult dimension of religious life at present. It is the point at which the tension is greatest between spirit and institution. Institu-tional poverty is reasonable, moderate, and tolerable; in fact, it is argued if it should rightly be called poverty. Charismatic poverty is anything but reasonable, is beyond moderation, and is nearly intolerable; it takes its spirit from a new reading of the Scriptures and calls poverty by its real name. In this sense, poverty is in all likelihood the greatest ferment in religious life at present. What a renewal of chastity and of obedience have not achieved, may well be done, in alarming proportion, by this renewal of poverty. Para-doxically, it is not among religious alone that the renewal is coming. It is coming from men of the Spirit who are taking the gospel to mean what it says. The position of the Gospels on poverty is strikingly clear. Christ's fol-lowers must leave all, and give it to the poor; they must leave the worl~l, and become poor. It is all or nothing. It is not measured and calculated action. It is a form of divine madness. It is the foolishness Of love. The New Testament suggests three main motivations for such poverty. Povert-y is a Messianic mystery; it is a kenotic reality; and it is an ecclesial communion. Poverty a Messianic Mystery A long Hebrew tradition pictured the Messiah (the Christ) as anointed by God to go among the poor, to be a man of the poor, to join the ranks of the poor, and to bring help and life to the poor. Jesus lived in the strength of this image; He shared the misery of the poor and did all He could to 1019 1020 / Review for Religious, Volume 33, 1974/5 lessen it, and He waited there in it with the poor for God to come, in His own day, and remove it. The poor were the people who had no resources of their own to assure them of a future and a hope. They were the dispossessed, the disappropriated, the displaced people of this world. They were literally the no-hopers, the have-nots, the forgotten people, the little people without a land. And it was to them that the Messiah came, and it was among them that he became one of them. Not because their misery was a good thing, but be-cause it was a good thing to be among them and to share it, remove it, wait in it patiently till God would take away all tears from their eyes. To His disciples who followed Him, the Messiah asked a Messianic life style: the mystery of their incorporation in the ranks of the poor. A Christian, like the Christ, is a poor man. Poverty a Kenotic Reality The New Testament speaks of a disease of the Christian heart called dipsychia. It is a split psychology, a sort of spiritual schizophrenia. The Christian wants to give himself totally to God, yet he feels an attraction to the things that are easy and immediately in front of him. He is torn two ways. He lacks unity and integration as a single person. There is only one cure for this trouble in the New Testament: it is kenosis, the self-emptying of the person to the very roots of his human existence of which Christ gave him the supreme example of His life and death on the cross. It is only in that utter nothingness of kenosis that integrity is possible. There is no other "fulfillment." But this kenosis is not an attitude, a spirit, and a mentality of mortification, as the Greeks might have thought. It is tangible and real: a man leaves all he has, and becomes poor, nothing, empty, dead in the things he has prized. He knows the nakedness of the poor man. It is not poverty of spirit. It is poverty. Poverty and Ecclesial Communion There is a principle in the New Testament that what one gives up to become poor is given over to the poor, so that they are enriched by it. Christ was rich in laying a rightful claim to Sonship of God. Rich though He was in this respect., He became poor for us and did not cling tenaciously to this right for Himself. Thus, through His poverty, we became rich in His very Sonship. In the Jerusalem community, the model and norm of radical following of Christ in the Church, no one kept his own things (ta idia)-- shall we say that no one "did his own thing"---but each one's own things became thereby the things of all (ta koinonia). It is poverty, then, in its genuine realism and in the self-emptying it implies, that constitutes com-munion and community. The Church is a community because it is a Church. of the poor. Its common life is not a sharing of advantages each retains so that one complements the other; it is a giving of one's all to all and for all, so that in the emptiness of all there can be a truly communed life. Christian Is a Poor Man / 1021 Emphases in New Testament Poverty In these three New Testament motiv.es of pove.rty, there is a strong emphasis on a// --- all is given, so that a poor man can be nothing and have nothing. There is no limit to the poverty that. might be embraced. There is no poor man excluded from the reach of the gospel. There is no poor man that the Christian will not help, no poor man that he will not join. Anawim (the poor) is a plural word; and it has no limits of poverty. There is an instinct for the most needy, the most abandoned, the poorest of all. In these motives, too, there is a new kind of consciousness inculcated in the Christian disciple. What he does, effectively, by external action, for the poor, is limited and, in the last count, not very effective; that does not matter: What matters is what happens to him, and to the poor, when he gets among them and joins them. It gives him a compassion, a self-forget-fulness, a tenderness, an ability to care that transfo~:ms him and communi-cates itself to the poor to whom he now belongs. In poverty, he has become an embodiment of love. He has begun to sense the reality of an incarnation. He has begun to learn to live as a "dropout" from the existence he might have clung to. He has gone to the castoffs from society, who will love him even if they know that he was not always one of them and is not so deeply rooted in misery as they ai-e. He has gone away from the comfortable and complacent, who have struck him of[ from their lists. He knows the lone-liness of the missionary among the anawim. In these motives, again, there is an undreamt of realism and a stark simplicity. This poverty is not a philosophical theory; one does not muse that every creature is poor, or that man is a conscious beggar for his given existence from God. Nor is this poverty simply the acceptance of whatever limitations (or "poverty") are in fact in one's life, which for the moment cannot be removed. Nor is it the poverty of someone who equips himself to help others, and then looks around for needy people to help, and has to be content with less than ideal types to begin. In this poverty, one does not work out first the a priori conditions of poverty and then see how to imple-' ment them. There are really poor people before our eyes, and it is their poverty we must share, with them that we must become one in a self-for-getting and serving compassion. The poor are always with us. They are there, and we respond to them in an instinct of love, not in a calculation of reason. The Gospel Poor Man The life style of the gospel poor man is then that of a worker among the battlers for existence, a struggler among the not-yet-assured, a sharer among the insufficiently endowed, humanly as well as spiritually. It is a simple life, frugal, hard-earned, frustrating, substandard, where one is not sure how one is to survive, where one lives with the poor on their terms, and on his own, where one lives well below the ordinary normal comfort one might have as the result of one's talents and energy. The gospel poor man 1022 / Review for Religious, Volume 33, 1974/5 gives his time and his self to the poor, and finds 'his place among them. He can say, "We poor." The inspiration for this way of life is Biblical. We could sum it up in slogan words that resonate anew today in the heart of the Church: words like Messiah, anawim, shalom, shaliah, diakonia, evangelion, eucharistia, the mercy of God. Messianism, Anawim, .Covenant, and Peace There is a real resurgence of Messianism in the Church today, Christians are realizing that they are not Christians unless they fall in love with Jesus as Messiah and adopt his Messianic life style. This means that they must fall in love with the poor of their own time, and adopt their life style, for love of Jesus and the gospel of.the poor. A resurrection theology, over two decades, has divested us of an exaggerated spiritualism' in.our spirituality. A poverty theology, stemming from a new Messiah theology, will divest us of a remain-ing complacency in which we would persuade ourselves, if not others, that we share in the sufferings of the Lord without sharing the lot of His little ones. The anawim are His little ones. Because they are the poor, they are the poor of God. God cannot help it--He must fill emptiness with Himself. He cannot make a covenant except with the poor. It is to those who have neither a future nor a hope that He comes to make flow upon them a river of peace, and to bind Himself to be in person their future and their hope. God laughs at those who would offer Him their goods and their love~ and, as it were, enter a two-way relationship with Him: He loves one way, giving His all to those who have nothing and are nothing. After all, He must have His own way of, as it were, joining the poor, too, musn't He? For, to them, He gives His all. This is wh~t the covenant means, and this is the shalom it brings. Shalom does not mean peace, at least, if peace means a comfortable inner feelin.g of security, and no hostilities without. When God loves the anawim, and sends His Christ to them, He does not--immediately, at least--take away their poverty. They are still the poor, these poor of God. His shalom is not an anaesthetic so that they do not feel it. But it is shalom, and it is a trust and a faith and a certainty that He has not chosen the thi.ngs that are, but the things that are not. It is a willingness to smile, even at death. For resurrec-tion is assured, since the eschaton belongs to the anawim. The simplicity of washing the feet of the poor and of serving them in their deepest human needs is itself a total life style, and those who have heard the Messianic call have no option but to live it. It is not easy to wash a poor man's feet. They are dirty, they smell, and he will probably not thank you, but kick you in the face.You probably won't succeed, but you will know that there is a kind of happiness words can never explain in keeping on .doing it. This is the diakonia of the gospel. A Chr~t~n Is a Poor Man / 1023 o Gospel means good news. To proclaim the gospel means to speak, but much more to be good news to men. Some of my American friends have an unkind expression about a difficult and unattractive, character: They say, "He's bad news." They also say of a genuine and real person, "He's good news." Jesus Himself was this kind of good news to the little ones, to the poor. When He began.His Galilean ministry, he read from the ,scroll of Deutero-Isaiah: "He has, sent me to be good news tothe anawim." When we work in his name, in our apostolate, are we, ourselves, good news to men, to poor men? And do we realize that there is no such thing as a direct apostolate to the rich and the well-established, there is only a mission of Jesus and His disciples to the poor? The others get in to the extent that they, too, leave all and become members of the anawim! , Eucharistia and Mercy Eucharistia--the giving of thanks, the celebrating of life, and saying now in Christ, for the past thanks, for the future yes~ Shall we ever know, the truth of that thanks for the past until we can bless the Providence that has made-us poor men? Shall we ever say a total yes to the future until we can face it without any resources as the pure gift of our Covenanted Resource, the God of the poor? It is only then that we shall know Him in the breaking of the bread of pilgrims, at the table of the poor, and discover in surprise that the Eueharist is the liturgy of the little ones. It is true. God has no love that is not mercy. Mercy is His response, in His heart, to misery. To be among the first clients of His mercy, we must be his anawim. A vocation" to His love is a vocation to our brother, the poor man. Recently, a student of mine at Fordham wrote these words as the conclusion of an assignment on the meaning of the apostolate: Are the people of the Word something sp~'cial, or is it only their words? Will their lives speak to us? The eye and ear ~vorld is all sewn up by the talented admen of Madison Avenue. What is left to us? The heart world. The world where flesh,, speaks to flesh, heart to heart. Do not speak religious themes to me. Speak the Word that is in your heart, your experience of life, enriched, made more than human, by the saving power in it that is believable because you believe it. I do want to be told, not by hearing you but by knowing you. Or is that an issue? I ask you if you understand, and your answer is your life. The Recovery of Messianic Man This poverty of Messianic man we are beginning to see again in our time. It is the challenge of our conscience, this cry of the poor. We can no longer vaguely know that half the world is starving for food, and more than half of it for love, and write off .the situation as bad luck, or permitted by providence, and promise to pray for it and count our own blessings. That is not the Christian life; indeed, it is not human life. The new global village is one parish. Every man is my neighbor, and it is a sin to regard a man as a 1024 / Review ]or Religious, Volume 33, 1974/5 stranger. The Church is beginning to challenge the reasonable moderation and balanced calculation of its stance, before the secular reality of poverty in the world. Some would even speak of the end of a "Constantinian era" and the beginning of a new Mcssianic epoch where the Spirit shall anoint us and send us to the poor. If this is true, it is but a beginning. We have yet a long way to go. When we try to relatc this thinking with the established or recently adopted norms of institutional poverty among religious, the lines do not even meet. Juridic poverty had a place in the history of religious life," but it is not the same as evangelical poverty. Many, of course, in the name of realism, will remind us 'that just as we once spoke of "tending to perfection," an ideal we never reached, so here we must feel obliged only to tend to this perfection of poverty and Messianic life, not to reach it immediately. Yes, but the acid test of the new Christian conscience is that it cannot use this theological formula as an excuse from real and significantly new action. Formulated obligation cannot measure up to a charismatic spirit. Our conscience is telling us that we are suffering from compassion fatigue, that we have enjoyed the protection of our callousness, that we must now .make a new option to be compassionate rather than honorable. Our skin must stretch around the globe, so that if any man hurts, we hurt with him, and do some-thing about it. The Cry of the Poor Pope Paul has taken up this point in his apostolic exhortation to religious (ll tempio massimo, July 2, 1971). "Our contemporaries," he says, "question you with particular insistence about poverty." "You hear rising up, more pressing than ever, the cry of the poor." "Was .it not to respond to their appeal as God's privileged ones that Christ came, even going as far as to identify Himself with them?" It is a "pressing call for a conver-sion of minds and attitudes, especially for you who follow Christ more closely in this earthly condition of self-emptying." It calls for "a conversion of hearts, it is a call to love." What, in practice, will the cry of the poor demand of religious? First, "It must bar you from any compromise with any form of social injustice." Secondly, "It obliges you to awaken consciences to the drama of human misery." Thirdly, "It leads some of you to join the poor in their situation." Fourthly, "It calls many institutes to rededicate some of their works to the poor." Fifthly, "It enjoins on you a use of goods limited to the requirements of your work." Sixthly, "It is necessary that in your daily lives you give external proof of poverty." A Christian is a Poor Man / 1025 Seventhly, "It is not normal to allow yourself everything offered to you." Eighthly, "Earn your own living and help the poor by your work." Ninthly, "You cannot purely and simply conform to your surroundings." Tenthly, "Do not be excessively preoccupied with appearing to be poor." All this is said in conformity with the patterns of obedience and specific apostolate in a given institute. It is a call from the needs of the times and the demands of the gospel. It is a vocation to discover Christ as a poor man. Renewal and Poverly Much energy has gone into the renewal of religious community. Some-times one gets the impression that they are trying to be beautiful resident communities of loving relationships which might then, as an overflow, have something to contribute to the poor. This is heresy. The Church has no mandate to be a resident, domesticated Church. It is essentially missionary, a pilgrim, servant Church of the poor. It is only by living its vocation to poverty among the poor that it can discover the kind of community life Christ intended for it. Likewise, much work has gone into the renewal of authority and obedience in religious life. It will not fully succeed until authority becomes an initiation of new life among the poor, and obedience is a heeding of the cry of the poor. Again, much has been done to make religious life more human, more relational, more interpersonal, more affec-tive. But the tenderness and the gentleness and the caring concern that we so desire, we must learn from our involvement with the poor. It is but an-other work for the meekness of the anawim. Of the poor, it has been said, "Only he who sees the invisible accom-plishes the impossible."~Of the gospel poor man who goes to the poor, we might likewise say, "Only he who loves the unlovable is good news to the little ones." A Penance Service Bonaventure Hinwood, O.F.M. Father Bonaventure Hinwood is a faculty member of The Seminary; 191 Main Street; Waterkloof; Pretoria, South Africa. His penance service given below was originally composed for teaching sisters to be used during Lent 1974. mo 4. 5. B. 6. 7. 1026 Introduction HYMN OPENING PRAYER P(riest): Heavenly Father, who does not wish the death of a sinner but rather that he should turn from his wickedness and live, we beg You to turn the light of Your truth upon our lives and bring us to true repentance in this time of mercy. Make your Holy Spirit active within us this evening to lead us to see our lives as they are in Your sight, and to sensitize our hearts so that we may give a true response of love and sorrow to Your call. This we ask through Jesus Christ, our Mediator with You and the cause of our joy. C(ongregation): Amen. SCRIPTURE READING: John 3:16-21. SERMON HYMN First Sel]-con]rontation SCRIPTURE READING: Matthew 16:24-7. P. My sisters, the most precious thing in the whole world for most of us is ourselves. This is demonstrated by the fact that we will frequently use or abandon almost every other person or thing in order to realiz,e our own image of our self-fulfillment, to achieve our own plans and A Penance Service / 1027 projects, to satisfy our needs and desires. Jesus, however, has come to free us from our self-centeredness. He has come to give us a share in His own capacity to devote and to give oneself wholeheartedly to bringing about God's kingdom, and to love Him and those for whom He died. This can only be done by an unstinting gift of ourselves to Him. Do we really desire to make this gift, and are we really intent upon trying to make this self-offering more complete? A(ssistan0 1: Jesus' great commandment tells us that we should love the Lord our God with our whole heart, our whole soul, our whole mind, and our whole strength, and our fellow men as ourselves. This is a fulltime job. Yet a lot of our valuable time and energy gets wasted irt useless tension, frustration, and self-pity. Why is this? Am I really prepared to let go of my own will, or am I too attached to my own wants, my own plans, my own projects, my own way of doing things, my own rhythm of life? A. 2: Am I truly open to viewpoints other than my own, or is my own way of looking at things always my supreme criterion in life? Do I really try to understand the contrary opinions of others, or am I too busy thinking of ways to defend my own viewpoint even to listen to what others are saying? Am I too confident in my own judg-ment to consult with others or seek their advice? Have I failed to respect other people's greater learning or experience? How often have these attitudes of mine been the cause of misunderstanding with others or tensions in the community? A. 1: Do I try to lighten the burden of those charged with regulating the affairs of the Church, the community, and the school by ready cooperation and obedience, or am I destructively critical and stub-born? Do I accept that they are honestly trying to do theirbest for the common good and for me, or am I suspicious and negative in my attitude towards them? Do I seek first the kingdom of God and the common good, o.r is my own convenience primary? SILENCE FOR REFLECTION PI~AYER FOR FORGIVENESS P. Jesus who instructed us that "If anyone wants to be a follower of mine, let him renounce himself and take up his cross and follow me" (Mt 16:24): . Have mercy on me a sinner. P. Jesus who calls us to "Shoulder my yoke and learn from Me, for I am gentle and humble of heart, and you will find rest for your souls (Mt 11:29-30): 12. Have mercy on me a sinner. 1028 / Review ]or Religious, Volume 33, 1974/5 11. 12. P. Jesus who warned that "Anyone who exalts himself will be humbled, and anyone who humbles himself will be exalted" (Mt 23: 12): 12. Have mercy on me a sinner. P. Jesus who said by the well of Jacob, "My food is to do the will of the one who sent Me and to complete his work" (Jn 4:34): C. Have mercy on me a sinner. P. Jesus who prayed in Gethsemani, "My Father, if this cup cannot pass by without my drinking it, your will be done" (Mt 26:42) : ¯ . Have mercy on me a sinner. P. Jesus who, although You were the Son of God, "learnt to obey through suffering" (Heb 5:8) : 12. Have mercy on me a sinner. P. Jesus who, having been made perfect, has become for all who obey You the source of eternal salvation (Heb 5:9): C. Have mercy on me a sinner. P. Jesus who has taught us that a man can have no greater love than to lay down his life for his friends (Jn 15:13): 12. Have mercy on me a sinner. Second Self-con]rontation SCRIPTURE READING: John 15:5, 8-12. P. My sisters, the tone of our own lives gives a tone to the environ-ment in which we live, the mental and emotional atmosphere which we create in our own personalities affects the social atmosphere in which those around us have to live. If we, therefore, are negative, cynical, disgruntled, and grumpy people we pollute the atmosphere of those around us with unpleasantness, tension, gloom, and sadness. If, however, we are positive, creative, contented, and cheerful, then we provide for others an atmosphere of brightness and warmth, of enthusiasm, lightness, harmony, and joy. Does our love for others extend as far as building up Christ's joy in ourselves for their sake? -A. 2: It is only in freedom that we can be truly joyful, and Christ has come to set us free from the inordinate and selfish attachment to people, places, activities, and things, which is the cause of much of our sadness. Do I cherish that freedom which a positive and profound living out of my religious vows brings, or are they for me merely nega-tive restraints which produce frustration and discontent? Am I a ful-filled and joyful person because I love in the freedom of my religious vocation, or have I become selfish and finicky? A. 1: In the theme song for the film Brother Son and Sister Moon, Francis complains that he seldom sees and hears the wonders of God's A Penance Service / 1029 13. creatures because he is too "preoccupied with selfish miseries." Am I so busy with my own emotions, particularly negative reactions of suspicion, wounded pride, self-defense, and criticalness that I am un-able to see the beauty, goodness, and virtue of the people and things around me? Am I so busy manipulating and condemning God's creatures, that I do not have time to thank Him and rejoice in them? A. 2: St. Francis said once to a mournful looking brother that the only reason for being sad was because one was in mortal sin, and the only cure for that was to go to confession. Do I really appreciate what an ecstatic thing it is to have been saved by Jesus Christ, to have been made in Him a child of the Father and an heir of God's Kingdom? Am I so busy rejoicing with Mary at the great things God has done for me, that I do not have time to get downhearted and miserable about the other things that may not go the way I want them to? SILENCE FOR REFLECTION PRAYER FOR FORGIVENESS P. Jesus Christ who has told us the good news we read in the passage from St. John so that You may share your joy with us to the full (Jn 17:13): 12. Forgive me my preoccupation with selfish miseries and my lack of joy. P. Jesus, when the wise men heard the prophecy of your birth in Bethlehem and saw the guiding star they rejoiced exceedingly with great joy (Mt 2:10): 12. Forgive me my preoccupation with selfish miseries and my lack of joy. P. Jesus, when You told Zacchaeus that You would stay in his house that day, Zacchaeus welcomed You with joy (Lk 19:6): 12. Forgive me my preoccupation with selfish miseries and my lack of joy. P. At the angel's message about your resurrection, Lord, the women with great joy ran to tell the disciples (Mt 28:8): 12. Forgive me my preoccupation with selfish miseries and my lack of joy. P. Lord who told us that the person who finds the treasure of the kingdom of heaven, in his joy goes and sells all he has to buy it (Mt 13:44): . Forgive me my preoccupation with selfish ~miseries and my lack of joy. Time for Personal Examination and Confession Conclusion 1030 / Review ]or Religious, Volume 33, 1974/5 15. 16. 17. PENANCES (one penance to be chosen by each penitent) a. Make the Stations of the Cross, meditating on the obedience, meek-ness, and humility of Jesus. b. Spend ten minutes thinking of the good points of a superior, fellow religious, or pupil of whom you are often negatively critical, and praying for her. c. Walk around or sit in the garden for ten minutes listening to the birds and insects, and looking at the trees and flowers, clouds or stars, and thank God for His goodness and rejoice in the wonder of His creation. OUR FATHER (recited by all together) P. May almighty God have mercy on you, forgive you your sins, and bring you to everlasting life. C. Amen: P. May the almighty and merciful Lord grant you pardon, absolution, and forgiveness of your sins. 12. Amen. DISMISSAL P. May the. Lord renew you with His energy and joy. May He ac-company you on your way with His presence and make all your works fruitful. May He strengthen you against all that is evil and give you the courage to serve those nearest to you and all men wherever they may be. And may the blessing of God almighty, the Father, the Son, and the Holy Spirit be with you and remain with you always. 12. Amen. 18. HYMN The Formation of Contemplatives in Action Ladislas Orsy, S.J. Ladislas Orsy, S.J., who has written often on the theology of religious life, is a mem-ber of the Department of Canon Law; The Catholic University of America; Washing-ton, D. C. 20017. Contemplatives in action are the salt of the earth; as a gracious gift from God, they have a tang, and they are able to bring some goodness into every-thing they touch. Quite a good description of religious life! No wonder many communities intent on the ideal of being the salt of the earth raise the question: How do we form contemplatives in action? We take their query, but, to make it more manageable, we break it up into three questions. First, who is a contemplative in action? Second, how does one develop into such a person? Third, what structured program can help the development? That is, our reflections revolve around three topics: the person, the process, and the program. While the focus of our attention is on the person, the resulting description will exhibit a somewhat static picture. It cannot be in any other way. But the movement that gives us con-templatives in action must he somehow caught; therefore, the pilgrim's progress must be delineated, as it were,'in its natural state. Then comes the problem of the environment, how external structures contribute to a process that is so deeply internal and personal. Since everybody knows how far-reaching these three questions are and how difficult it is to find any final answer, we are in the happy position of having to respond to only limited expectations. The reflections of a man may be no more than a drop into the ocean, but, for that man, it is certainly pleasant to contemplate the vast dimensions of the ocean even if he cannot add much to it. 1031 1032 / Review for Religious. l/olume 33, .1974/5 The dimensions of the question of the formation of contemplatives in action are indeed vast, and the real answer will not be given by any writer, but existentially by communities who do something about it. After all, for-mation is a practical issue. PART I: TIlE PERSON The beginning of any search should be an inquiry. We have already broken up the big fundamental issue into three more particular ones, and now we focus on the first: Who is a contemplative in action? Two qualities must be present in the person: the capacity to contemplate and the ability to act. Moreover, the two should be blended together; this is what the issue implies. Hence, to put our search on the right paths, there should be an even more particularized sequence of questions. Let us ask therefore: Who is a contemplative person? Who is a person of action? And finally, to see how the two blend together, let us see who is an integrated person. Who Is a Contemplative Person? The term "contemplative" can be used in different senses. At times, it means a hermit, a recluse, or a religious with strict enclosure: then it focuses on the external situation in which a person is found, such as solitude and separation from the world. At times, the term means a person bent on in-tellectual reflection: then it focuses on the internal disposition of a writer, of an artist, of anyone who is of reflective type. The Christian Contemplative In Christian tradition, the word includes a sacred dimension: a con-templative person is the one who experiences in his innermost being a tran-scendent and sacred power that draws him to Christ. All the words in this general description° connote a mystery. To be contemplative, then, is to experience in the depths of our being the intrusion of a power that moves us to a direction that is beyond our horizons. This experience does not enter-tain the senses; they can remain thirsty and hungry. Nor does it satisfy the intelligence; it can remain frustrated and empty. But the experience brings a meaning to our humanity even if not every part of it can appreciate its values. The content of the experience is hard to describe; it is not concep-tual; it is the perception of an internal movement that does not necessarily bring new knowledge nor leave a specific impression on our being. Rather, we become aware of an energy that is given to us from a source that is more powerful than ourselves. It comes from a world that is beyond our ordinary capacity to see or to reach. It comes from a transcendental source. This power that wells up in our being is apprehended as sacred. It is concerned with our ultimate destination. It comes from God; it carries us to God. The discovery of this energy may remind us of the precious pearl of a great value; the merchant who finds it sells all to buy it (see Matt 13:45-6). The Formation o] Contemplatives in Action / 1033 The analogy is partially right. The gift is more precious than any pearl, and to sell all to have it makes good sense. Yet the same gift is not an object to be stored and exposed for admiration; rather we become aware of a current that takes hold of us, of a movement that reaches us at the depth of our being. Other Descriptions oI a Contemplative This description leads to another formulation of the definition of a con-templative person. He is the one who is ordinarily aware of the presence and power of the Lord in him and who follows the direction of the move-ment imprinted in him. This definition is more personal; it names the source of the power--it is the Lord. All is put into the context of a person-to-person relationship. The energy is transcendental and sacred because it originates in the one who moves all living things. The experience of the power is an obscure aware-ness of the Lord reminiscent somewhat of the experience of the Apostles fishing on the Sea of Tiberias at the breaking of the dawn and noticing a stranger on the shore. Attracted by His unusual presence, surprised by the power of His voice, gradually they became aware that it was the Lord. The intrusion of the Lord in our life is a gift that does not create a state of romantic happiness; rather, it helps us to realize the complexity of our nature. We can be happy at some depths and yet suffer acutely from thirst and hunger. We can be resigned at one level and yet mourn the loss of a loved person at another level. We can be anchored through hope and yet tossed around by the uncertainties of this world that may amount even to persecution. The gift of contemplation and the discovery of it could be described in many other ways. All would be analogical and incomplete. We could speak about a small light that attracts from a great distance but does not alleviate the darkness and the loneliness of the night. We could speak about a rising inner security that holds a person firm while he is subject to present and future shocks from a world that changes around him. The term "contemplative" may not be the best to describe a person so blessed, since traditionally it implies an intellectual vision and does not con-vey the idea of participation in a movement. The distinction between the two--vision and movement--may be flimsy especially at greater depths. Nonetheless, the term has been sanctioned by tradition; hence it would be difficult to break away from it. Besides, there is no adequate term to cover the reality we described. Through this awareness of God's presence and power, a person trans-cends himself, is carried beyond himself. He enters a new universe that is marked by God's immensity and His infinity. The old conceptual horizons with their precise circumscriptions disappear, and new desires get hold of the heart. The actions of such a person will spring from a new source. 1034 / Review for Religious, Volume 33, 1974/5 Becoming a Contemplative Person We attempted an answer to the question: Who is a contemplative per.- son? To understand him further, let us raise the question: How does some-one become a contemplative person? Clearly, there is no other way of becoming a contemplative person than by discovering internally the Lord's power. The gift is independent of us, but the process of discovery is somewhat within our capacity. This search for the elusive gift that is present enough to attract us and absent enough to require a long journey has been frequently described in Christian tradition as a descent into greater depths or as an ascent to greater heights or as a steady progress into ever more intimate dwellings of God in our being. All these allegories are meaningful; all converge into saying that there is a process that ought to be a progress toward a closer relation-ship with the Lord. Usually we speak of the pilgrim's progress, of man's journey to God; correct speech would require us to speak of God's progress in overwhelming man with His grace and power. The initiative is really His at every stage. Yet we can resist His approaches or subtly divert our attention from them. Hence, pragmatically, it serves a purpose to speak of our own journey to God. Perhaps to reconcile the exigencies of the primacy of grace and of our own need to be alert to God, we can use a modern alle-gory and speak about a process of liberation that man must go through to be transformed into an image of God. The principal agent in this process is the Lord, but we are real, active agents as well, if not to the extent of giving freedom to ourselves, at least to the point of removing obstacles before the helping hand of God. Need for Progression in Depth We take up the traditional allegory in a different way: to become a con-templative person means to enter into life with increasing intensity. There is a need for progress in depth. Man indeed is a complex being endowed with an awareness of life at different levels: on the level of what his senses can perceive and communicate, on the level of what his mind can penetrate and understand, and on the level that has no limitations because it opens up into the infinite universe discovered through faith. We all live and move on all these levels; in the awareness of our being, they intermingle, they form a unity. Nonetheless, a person's development can be arrested on the level of a world communicated to him through his senses, without much understanding, without the light of faith. A person can find satisfaction on the level of hu-man intelligence, a worthy and dignified life it would be, yet without the hope that springs from faith. Finally, a person can reach the depths that faith brings and let all his life be invaded by the light and strength that origi-nates in the Lord who revealed Himself through the contingencies of human history. The Formation o] Contemplatives in Action / 1035 Libration from the Communications of the Senses The life of a person can revolve around the content of those communi-cations that he receives from his senses, and the expansion of his personality into the fascinating world of creative intelligence or into the limitless world of faith can be impeded. Such a person is underdeveloped. Without know-ing it, he is a captive of those steady impacts that he receives from the out-side world; his being relishes them, or at least is attached to them, at times to the point that any desire to go deeper is weakened to the point of ex-tinction. Our particular culture favors such an attitude. Much of the press, radio, television, cinema thrives on the passive receptivity of the public; the media rarely stimulate creative activity; still less do they send their readers, lis-teners, o~ viewers into an advefiture of faith. When someone is immersed in that world, the impression clouds his mind and cancels out the natural dynamism of a desire for better things. If this is so, there is a need for an internal war of liberation. To begin with, the person must become conscious of his mutilated state; he must admit that his growth has been arrested, and that he is deprived of a fully human and Christian life. Obviously enough, we are speaking more of a principal trend than of an absolute univocal state. There will always be some intelligent activity in every person, some movements of faith in every Christian, but the question is which of these many trends prevails. '°~AI great deal of our traditional asceticism was meant to liberate the pers.o~ from the captivity that communications from the senses can induce. Thus far it was good; it went wrong when it assumed that mortification alone can achieve liberation. It is also necessary to show the person broader vistas of intelligence and' faith that attract. No one will ever exchange some-thing for nothing, but show him a better value that pulls his being and-he will be ready to sacrifice many things. Many novitiates failed in the past because they taught asceticism without opening up new horizons. As soon as the novitiate was over, the imposed practices collapsed, and there was no realization of new frontiers that opened up into a new world. Liberation from the overbearing communications that come through our senses is necessary, but it can be achieved only by the steady pull of higher values consistently present in our consciousness. Liberation from the Limitations of Intelligence A person's life can focus mainly on the fascinating world of his creative intelligence. This is progress in depth; it means more humanity, it means greater likeness to God's image. Yet it has limitations: it does not know the immense world opened up by faith, or, when that world is presented, it can impede the person from entering into the dizzy unknown that he cannot measure or explain. The world of human intelligence can offer much human satisfaction. We feel at home there, the problems are of our own size, and 1036 / Review Sot Religious, Volume 33, 1974/5 the objects of our desires are attainable. It is all a comfortable and also a comforting world, but, because there is a longing in man for the infinite, a reassuringly human world can become a prison; man can enclose himself in a universe proportionate to his mind. A process of liberation may be necessary precisely to enter a new universe opened up by faith, perhaps by the experience of the presence and power of the Lord in our innermost being. Much of the traditional literature that spoke about the mortification of judgment intended to speak about the freeing of the mind for the impact of faith, about opening up our being for God's own horizons. It was right as far as it did not suggest an empty exercise but rather showed .the greatness of God and the harm6ny of His plan which makes worthwhile an exchange that leads to the loss of our thoughts and desires. The New World o] Faith To live on the level of faith is to live in a new universe with God in its center, known as He revealed Himself through Jesus Christ. In Him, all things and events receive a meaning--our own life included. The limitations of our humanity imposed by the senses and by our intelligence are broken up; there is an infinite openness in every direction. The transition into the world of faith is a radical ch.ange. Once again, it brings out the complexity of our natui'e. While the deepest and the best in us relishes the expansion of our horizons into infinity, while'~we experience a new security in our Maker, our mind misses the clarit.y, of human equations, and our senses long for the security of a more familiar world. Paradoxically the universe of God that brings peace to our restless he~-t unsettles our intelligence and our senses. For those who live by faith, the awareness of a deep security is compatible with the experience of insecurity in their human-ity. To comprehend this seemingly contradictory situation is the clue to the acceptance of it. Many recoil from entering the universe of faith because they cannot handle this complex situation in themselves, and they do not realize that the resulting tension is the ordinary lot of a pilgrim who is entering into an unknown land. No writer has ever better described this paradoxical state than St. John of the Cross: To enjoy all enjoy nothing; To possess all, possess nothing; To be all; be nothing; To know all, know nothing. To reach what you do not enjoy go where there is no enjoyment; The Formation oj Contemplatives in Action / 1037 To learn what you do not know, tread the path of ignorance; To obtain what you do not possess, walk without possessions; To be what you are not, leave behind all that you are. (The Ascent o] Mount Carmel, Book 1, Chapter 13) Our translation is not literal. Its intent is more to bring out the stark simplicity of the Spanish text than to render exactly each word. Once we understand the complexity of our nature, those sharp contrasts painted by the saint become meaningful. At one level our being can embrace all and be satisfied, while on another level it is thoroughly frustrated and empty. In the depths of our heart we can know of the presence of a mystery and accept its demands, while our mind and senses cry out for some nourishment more proportionate to their desires. The Paradoxes of a Li[e in Faith No one should be surprised if a person entering the universe of faith and experiencing its dimensions and demands on his being becomes upset and appears disoriented. He has a fine balancing job to do, and it cannot be learned in one day. Moreover, he may discover new depths every day, and like all humans he may become dizzy and scared. He must reconcile securi-ty with insecurity, satisfaction with hunger, a most intense personal relation-ship with a human loneliness. He experiences courage and fear, the ex-pansion of his own personality and the loss of friends who do not under-stand. But as the balancing work progresses, he begins to be himself in a fuller sense of the word than he has known before. Almost certainly, he be-comes both a witness who attracts and a sign that is contradicted. He finds his journey both lonely and exhilarating. Strangely enough, as he progresses into the unknown land of faith, his humanity opens up and his intelligence becomes more creative than ever and his senses partake somehow in celebrating new discoveries. Such a person is anything but dull; he is the salt of the earth--with a tang. Summing It Up To sum it all up: a human perso.n can live on different levels. His life may revolve around the impacts that his senses communicate, or his life be an expression of the creativity of human intelligence, or his life may be the sharing of God's life and of His universe in faith. To speak about levels, of course, is to use a metaphor to express somehow the complexity of our nature, about which there can be no doubt. These levels blend into each other, and a thoughtful person graced by God should progress from the more external to the more .internal, from human desires to divine in-vitations. There is a dynamism in our being that attempts to bring it con-tinuously to greater depths. 1038 / Review ]or Religious, Volume 33, 1974/5 The right question about the formation of contemplatives can be formu-lated now; it is: How can a person be helped to progress into the universe of faith; how can his attention be directed to the unknown land that God's revelation opens up, and how can he be attracted into desiring an adven-ture? In particular, the question should be put: How can a person be helped during the specific crisis of transition from the world of human measures into the unmeasurable universe of God? To this question, we shall return when we speak of the process and pro-gram of formation. Before doing so, we must reflect on action that springs from contemplation. Who Is a Person of Action? A contemplative person is the one who experiences the Lord's presence and power in his innermost being, a close interpersonal relationship. Is it a closed relationship as well? Or, is it open so as to" inspire action? At any rate, who is a person of action? Two Misconceptions To clear our mind for a fruitful inquiry, let us exorcise it from two mis-conceptions. One conceives human action as something added to a person from the outside in much the same way as an external object can be pegged onto a tree. Such an aberration, of course, does not make any sense. Human action proceeds from the depths of a person, as the fruit is produced from the inner potentials of a tree. As there is an organic, sequential unity between the tree and the fruit, so there is a dynamic and harmonious unity between the inner riches of a man and his actions. They cannot be considered separately, even if mentally we draw a distinction between cause and effect. Another mistake is to think that actions to be significant ought to be s.pectacular. °They must initiate a new movement, or they must make a dra-matic impact on thousands. Not so! Significant action can evolve around humbler objects, as the actions of a Christian mother who takes care of her family, or the actions of a monk who with sudden inspiration or enduring patience creates a new melody to praise the Lord. By action, we mean all kinds of creative activity that somehow enriches this universe. Action Is an Enrichment o[ the Universe Now that these understandings are out of the way, we can return to our question: Who is a person of action? He is the one who brings fruit that can be seen by his fellow men and enriches them. The quality of the action depends on the potentials of the person who produces it; and the state of his mind, of his heart will be projected into his actions. An action is first born when our intelligence discovers a possibility for enriching this universe. It ought to be a real possibility in the sense that The Formation o] Contemplatives in Action / 1039 the action once taken will blend into a broader plan that is already un-folding outside us. Therefore, no one can be sensibly active unless he can direct his attention to all relevant facts around him, unless he can grasp an intelligent pattern behind them; moreover, he must have strength and energy to transform a possibility into reality. Action is indeed an act of creation. Through it, man somehow tran-scends himself, produces something new, similar to his internal x;ision and desire. When active, man becomes more like God, his creator; after all, he was made to the image of God. Not only is there nothing wrong with action; there would be something missing in a man who is not active--the image of God our creator would not be complete. It follows also that due to the complexity of our nature our actions may originate at different levels; the quality of action will reflect the quality of its source. Levels o] Action An action may originate in what is communicated through the senses without the benefit of intelligent reflection and judgment and without the enlightening influence of faith. It can be a mere emotional response, or it can be a way of doing what the others are doing; in such a case, a man operates in a poor way. What is best in his humanity does not participate in the action. The external act is. marked by its shallow origin; it does not create "a new harmony in the world, it merely add's to the universal noise. At best, the.person beats the drum with the others. An action may proceed from intelligent insight and reasonable judg-ment. Such action is certainly worthy of man, although it may not reflect the wisdom of God that is scandal to the Jews and sheer stupidity to the pagans. Some fields of human activity requir~ this type of action, such as going back and forth in space. After all, the laws of space are proportionate to our intelligence, and consequently, a proper field for reasonable opera-tions. But such action is not enough to build the reign of Christ. The deepest source of action in a Christian is in his contemplation, in his awareness of the Lord's presence and power. When action comes from such depths, it must pass through the screening of critical intelligence; it must also reflect the humanity of our senses: nonetheless, it is born from grace. It comes from God, it builds the kingdom. The Liberation o[ Action As in the case of contemplation, there is a problem of transition into the universe of faith to which Christian actions ultimately must ~be adjusted. Since it does not provoke an immediate reaction on the level of the senses, since it does not prompt ~n immediate intelligent response, our action itself can appear as a journey into the vast immensity of the unknown; all the problems of the paradox we described for contemplation are manifest in 1040 / Review ]or Religious, Volume 33, 1974/5 this field too. Also, the process of liberation must take place in a similar way. Our action must proceed from an increasingly deeper source. A Christian person of action, then, is the one who received God's grace in his whole being and in whom grace brought fruit for the enrichment of the world around him. There is integrity in such a person because his beliefs are followed by good deeds, and those deeds do not spring from an emotional reaction, not even from mere human reasoning, but from a depth which is scrutinized by the Spirit of God. Such a person has a unity in his being; he is whole, he is made of one piece; in his acts of creative action, he mani-fests the image of the Creator. All the elements are together now to answer the question: Who is an integrated person? Who Is an Integrated Person? An integrated Christian person is the one who has developed his poten-tials fully, and thus he became whole. He lives his life with all the intensity his resources allow. He experiences God's presence and power in his inner-most being, and he builds the kingdom of God through external action. In a small scale, he revives something of the mystery of the Incarnation. He is in this world, and he is attentive to all that happens around him. He brings his intelligence to bear on all facts and events. Through his in-sights, he penetrates deeper than the apparent truth. He is liberated enough to see new possibilities, and, once he has decided on a course of action, he is