In Lombardy a similar movement produced similar results. Through the

spring and early summer of 1797 four commissions, constituted by

Napoleon, worked out a constitution which likewise reproduced all of

the essential features of the French model, and, July 9, the

Transpadane Republic was inaugurated, with brilliant ceremony, at

Milan. Provision was made for a directory and for two legislative

councils consisting of one hundred sixty and eighty members

respectively; and the first directors, representatives, and other

officials were named by Napoleon. At the urgent solicitation of the

Cispadanes the two republics were united, July 15, and upon the

combined commonwealth was bestowed the name of the Cisalpine

Republic.[519] During the preceding May the venerable but helpless

Venetian republic had been crushed, and when, in the treaty of Campo

Formio, October 17, 1797, Austria was brought to the point of

recognizing the new Cisalpine state, she was compensated in some

degree by being awarded the larger part of the Venetian territories,

including the city of Venice.[520]

[Footnote 519: The Cisalpine constitution was

amended September 1, 1798, when there was

introduced in the republic the French system of

administrative divisions.]

[Footnote 520: E. Bonnal de Ganges, La chute d'une

république (Paris, 1885).]

*388. The Ligurian, Roman, and Parthenopæan Republics, 1797-1799.*--In

the meantime, in June, 1797, the ancient republic of Genoa had

undergone a remodelling. The ruling oligarchy, driven from power by

Napoleon, gave place to a democracy of a moderate type, the (p. 355)

legislative functions being intrusted to two popularly elected

chambers, while the executive power was vested in a doge and twelve

senators; and to the new commonwealth, French in all but name, was

given the designation of the Ligurian Republic. The Ligurian

constitution was accepted by the people December 2, 1797. During the

winter of 1797-1798 the French Directory, openly hostile to the

papacy, persistently encouraged the democratic party at Rome to

overthrow the temporal power and to set up an independent republic.

February 15, 1798, with the aid of French arms, the democrats secured

the upper hand, assembled in the Forum, declared for the restoration

of the Roman Republic, and elected as head of the state a body of

seven consuls. The aged pontiff, Pius VI., was maltreated and

eventually transported to France. For the new Tiberine, or Roman,

Republic was promulgated, March 20, 1798, a constitution providing for

the customary two councils--a Senate of thirty members and a Tribunate

of sixty--and a directory, christened a consulate, consisting of five

consuls elected by the councils. Within a twelvemonth thereafter

(January 23, 1799), following a clash of arms between the French and

the Neapolitan sovereign, Ferdinand IV., Naples was taken and the

southern kingdom was converted into the Parthenopæan Republic. A

constitution was there promulgated providing for a directory of five

members, a Senate of fifty, possessing exclusive right of legislative

initiative, and a Tribunate of one hundred twenty.[521]

[Footnote 521: For an interesting portrayal of the

workings of republican idealism in the Neapolitan

republic see Fisher, Republican Tradition in

Europe, 150-157.]

*389. Constitutional Revisions.*--During the absence of Napoleon on the

Egyptian expedition the armies of France suffered repeated reverses in

Italy, and by the end of 1799 all that had been gained for France

seemed to be, or about to be, lost. By the campaign which culminated

at Marengo (June 14, 1800), however, Napoleon not only clinched his

newly won position in France but brought Italy once more to his feet.

Under the terms of the treaty of Lunéville (February 9, 1801) Austria

recognized the reconstituted Cisalpine and Ligurian republics, while

Modena and Tuscany reverted to French control, and French ascendancy

elsewhere was securely established. September 21, 1802, Piedmont was

organized in six departments and incorporated in the French Republic.

During the winter of 1802-1803 the constitutions of the Cisalpine and

Ligurian republics were remodelled in the interest of that same

autocratic domination which already was fast ripening in France. In

each republic were established at first three bodies--an executive

_consulta_,[522] a legislature of 150 members, and a court--which

were chosen by three electoral colleges comprising (1) the (p. 356)

_possidenti_, or landed proprietors, (2) the _dotti_, or scholars and

ecclesiastics, and (3) the _commercianti_, or merchants and traders;

but the legislature could be overridden completely by the _consulta_,

and the _consulta_ was little more than the organ of Napoleon.

Incidentally, the Cisalpine Republic at this point was renamed the

Italian Republic. Within a twelvemonth the new constitutions, proving

too democratic, were revised in such a manner that for the legislative

body was substituted a senate of thirty members presided over by a

doge, in which were concentrated all political and administrative

powers.

[Footnote 522: An advisory council of state,

consisting of eight members.]

*390. The Kingdom of Italy (1805) and the Napoleonic Kingdom of Naples,

1807.*--The stipulation of the treaty of Lunéville to the effect that

the Italian republics should remain entirely independent of France was

all the while disregarded. Politically and commercially they were but

dependencies, and, following the proclamation of the French empire

(May 18, 1804), the fact was admitted openly. To Napoleon it seemed

incongruous that an emperor of the French should be a patron of

republics. How meager was the conqueror's concern for the political

liberty of the Italians had been demonstrated many times, never more

forcefully than in the cynical treatment which he accorded Venice. No

one knew better, furthermore, how ill-equipped were the Italians for

self-government. Gradually, therefore, there was framed a project for

the conversion of the Italian Republic into a kingdom which should be

tributary to France. Napoleon's desire was that his eldest brother,

Joseph, should occupy the throne of this kingdom. But Joseph, not

caring to jeopardize his chances of succession in France, demurred, as

did also the younger brother, Louis. The upshot was that by a

constitutional statute of March 17, 1805, the Emperor caused himself

to be called to the throne of Italy, and May 26 following, in the

cathedral at Milan, he placed upon his own head the iron crown of the

old Lombard kings. The sovereign's step-son, Eugène Beauharnais, was

designated regent. In June of the same year, in response to a petition

which Napoleon himself had instigated, the Ligurian Republic was

proclaimed an integral part of the French empire. The annexation of

Parma and Piacenza promptly followed.

Against the coalition of Great Britain, Russia, Austria, and Naples,

which was prompted immediately by the Ligurian annexation, Napoleon

was completely successful. By the treaty of Pressburg (December 26,

1806) Austria ceded to the Italian kingdom her portion of Venetia,

together with the provinces of Istria and Dalmatia.[523] Following a

vigorous campaign conducted by Joseph Bonaparte, the restored Bourbon

family was driven again from Naples, whereupon Joseph allowed (p. 357)

himself to be established there as king. In 1808 he was succeeded by

Napoleon's ambitious marshal and brother-in-law Murat. From Bayonne,

Joseph issued a constitution for his former subjects, providing for a

council of state of from twenty-six to thirty-six members and a single

legislative chamber of one hundred members, of whom eighty were to be

named by the king and twenty were to be chosen by electoral colleges.

Not until 1815, however, and then but during the space of a few weeks,

was this instrument actually in operation.

[Footnote 523: The incorporation of Dalmatia with

the kingdom of Italy was but temporary.]

*391. The End of French Dominance.*--Finally, there were brought under

complete control the papal territories. Following prolonged friction

with the Pope, Napoleon first of all (April 2, 1808) annexed to the

kingdom of Italy the papal march of Ancona and the duchies of Urbino,

Macerata, and Camerina, and then (by decrees of May 17, 1809, and

February 17, 1810) added to the French empire Rome itself and the

_Patrimonium Petri_. The Roman territory was divided into two

departments, and in them, as in all of the Italian provinces which

fell under Napoleon's rule, a thoroughgoing French system of law and

administration was established. To all of the tributary districts

alike were extended the Code Napoléon, and in them were organized

councils, courts, and agencies of control essentially analogous to

those which comprised the Napoleonic governmental régime in France. In

them, likewise, were undertaken public works, measures for public

education, and social reforms similar to those which in France

constituted the most permanent and the most beneficent aspects of the

Napoleonic domination. For the first time since the age of Justinian

the entire peninsula was brought under what was in fact, if not in

name, a single political system.

If the rise of French power in Italy had been brilliant, however, the

collapse of that power was speedy and complete. It followed hard upon

Napoleon's Russian campaign and the defeat at Leipzig. The final

surrender, consequent upon Napoleon's first abdication was made April

16, 1814, by the viceroy Beauharnais, whereupon the Austrians resumed

possession in the north, the Bourbons in the south, and the whole

problem of permanent adjustment was given over to the congress of the

powers at Vienna.[524]

[Footnote 524: For brief accounts of the Napoleonic

régime in Italy see Cambridge Modern History, IX.,

Chap. 14; B. King, A History of Italian Unity

(London, 1899), I., Chap. 1. Works of value dealing

with the subject include P. Gaffarel, Bonaparte et

les républiques italiennes, 1796-1799 (Paris,

1895); A. Dufourcq, Le régime jacobin en Italie,

1796-1799 (Paris, 1900); F. Lemmi, Le origini del

risorgimento italiano (Milan, 1906); G. Sabini, I

primi esperimenti costituzionali in Italia,

1797-1815 (Turin, 1911); and R. M. Johnston, The

Napoleonic Empire in Southern Italy, 2 vols.

(London, 1904). An older work is E. Ramondini,

L'Italia durante la dominazione francese (Naples,

1882).]

II. THE RESTORATION AND THE REVOLUTION OF 1848 (p. 358)

*392. Italy in 1815.*--By the Final Act of the Congress of Vienna, June

9, 1815, Italy was remanded to a status such that the name of the

peninsula could be characterized with aptness by Metternich as merely

a geographical expression. In essentials, though not in all respects,

there was a return to the situation of pre-Napoleonic times. When the

bargainings of the diplomats were concluded it was found that there

remained, in all, ten Italian states, as follows: the kingdom of

Sardinia, Lombardo-Venetia, Parma, Modena, Lucca, Tuscany, Monaco, San

Marino, the kingdom of Naples, and the States of the Church. To the

kingdom of Sardinia, reconstituted under Victor Emmanuel I., France

retroceded Nice and Savoy, and to it was added the former republic of

Genoa. Lombardo-Venetia, comprising the duchy of Milan and all of the

continental possessions of the former Venetian republic, including

Istria and Dalmatia, was given into the possession of Austria.[525]

Tuscany was restored to the grand-duke Ferdinand III. of

Hapsburg-Lorraine; the duchy of Modena, to Francis IV., son of the

archduke Ferdinand of Austria; Parma and Piacenza were assigned to

Maria Louisa, daughter of the Austrian emperor and wife of Napoleon;

the duchy of Lucca, to Maria Louisa of Bourbon-Parma. In the south,

Ferdinand IV. of Naples, restored to all of his former possessions,

was recognized under the new title of Ferdinand I. And, finally, Pope

Pius VII., long held semi-prisoner by Napoleon at Fontainebleau,

recovered the whole of the dominion which formerly had belonged to the

Holy See.

[Footnote 525: By decree of April 24, 1815, these

territories were erected into a kingdom under

Austrian control, though possessing a separate

administration.]

Respecting the entire arrangement two facts are obvious. The first is

that there was not, in the Italy of 1815, the semblance, even, of

national unity. The second is that the preponderance of Austria was

scarcely less thoroughgoing than in Napoleon's time had been that of

the French. Lombardo-Venetia Austria possessed outright; Tuscany,

Modena, and Parma were ruled by Austrian princes; Ferdinand of Naples

was an Austrian ally, and he had pledged himself not to introduce in

his possessions principles of government incompatible with those

employed by the Austrians in the north; while even Victor Emmanuel of

Sardinia--the only important native sovereign, aside from the Pope, in

the peninsula--was pledged to a perpetual Austrian alliance.[526]

[Footnote 526: W. R. Thayer, The Dawn of Italian

Independence, 2 vols. (Boston, 1893), I.,

116-178.]

*393. Foreshadowings of Unity.*--"Italy," wrote Napoleon some (p. 359)

time after his banishment to St. Helena, "isolated between her natural

limits, is destined to form a great and powerful nation. Italy _is_

one nation; unity of language, customs, and literature, must, within a

period more or less distant, unite her inhabitants under one sole

government. And, without the slightest doubt, Rome will be chosen by

the Italians as their capital."[527] At the time when this prophecy

was written the unification of Italy appeared, upon the surface, the

most improbable of events. It was, none the less, impending, and to it

Napoleon must be adjudged to have contributed in no unimportant

measure. In the words of a recent writer, "the brutalities of

Austria's white coats in the north, the unintelligent repression then

characteristic of the house of Savoy, the petty spite of the duke of

Modena, the mediæval obscurantism of pope and cardinals in the middle

of the peninsula, and the clownish excesses of Ferdinand in the south,

could not blot out from the minds of the Italians the recollection of

the benefits derived from the just laws, vigorous administration, and

enlightened aims of the great emperor. The hard but salutary training

which they had undergone at his hands had taught them that they were

the equals of the northern races both in the council chamber and on

the field of battle. It had further revealed to them that truth, which

once grasped can never be forgotten, that, despite differences of

climate, character, and speech, they were in all essentials a

nation."[528] It is not too much to say that Napoleon sowed the seed

of Italian unity.

[Footnote 527: M. Cesaresco, The Liberation of

Italy (London, 1895), 3.]

[Footnote 528: J. Holland Rose, in Encyclopædia

Britannica, 11th ed., XV., 48. See also Fisher, The

Republican Tradition in Europe, 158-159.]

*394. Attempted Revolution, 1820-1832.*--From 1815 to 1848 Austrian

influence, shaped largely by Metternich, was everywhere reactionary,

and during this prolonged period there was no government anywhere in

Italy that was not of the absolutist type. No one of the states had a

constitution, a parliament, or any vestige of popular political

procedure. In July, 1820, Ferdinand of Naples was compelled by a

revolutionary uprising to promulgate a constitution which was

identical with that forced in the same year upon Ferdinand VII. of

Spain. This ready-made instrument provided for a popularly elected

parliament of one chamber, upon which were conferred large powers; a

council of state composed of twenty-four members to advise the king;

an independent judiciary; and a parliamentary deputation of seven

members elected by the parliament, whose duty it was, in the event of

the dissolution of parliament, to safeguard the observance of the

constitution. In March, 1821, revolution broke out in Piedmont and,

after the mild-tempered king, Victor Emmanuel, had abdicated in (p. 360)

favor of his brother, Charles Albert, a temporary regent, the Prince

of Carignano, under pressure, conceded to the people a replica of the

Spanish fundamental law. In both Naples and Piedmont, however, the

failure of the progressives was complete. The reformers proved to be

lacking in unity of purpose, and when, under authorization of the

greater continental powers, Austria intervened, every gleam of

constitutionalism was promptly snuffed out. Similarly, in 1831-1832,

there was in Modena, Parma, and the Papal States, widespread

insurrection, and with rather more evidence of a growing national

spirit; but again, with Austrian assistance, the outbreaks were

suppressed.[529]

[Footnote 529: Cambridge Modern History, X., Chap.

4; Johnston, Napoleonic Empire in Southern Italy,

II., Chap. 4; Thayer, Dawn of Italian Independence,

I., 215-278.]

*395. The Revolution of 1848 and the New Constitutions.*--The turning

point came with the great year of revolution, 1848. During the

thirties and forties, by public agitation, by the organization of

Mazzini's "Young Italy," by the circulation of patriotic literature,

and in a variety of other ways, the ground was prepared systematically

for the _risorgimento_ upon which the patriots and the prophets had

set their hearts. In 1846 a liberal-minded pope, Pius IX., instituted

a series of reforms, and the example was followed forthwith by the

princes of Piedmont (Sardinia) and Tuscany. In January, 1848,

revolution broke out afresh in Naples and within a month Ferdinand II.

was obliged to yield to public demand for a constitution. The

instrument, promulgated February 10, provided for a legislative body

consisting of a chamber of peers, appointed by the king for life, and

a chamber of deputies, elected by the people. February 15 the

sovereign of Tuscany, Leopold II., granted to his subjects a

constitution of a similar character, making provision for a complete

representative system.

February 5 the municipality of Turin, voicing a demand in which many

of the nobility and high officials of state concurred, petitioned

Charles Albert of Piedmont for the grant of a constitution. Three days

subsequently, at the conclusion of a series of secret sessions of his

council, the sovereign announced that "of his free and entire will" he

believed the time to have come for an extension to his subjects of a

full-fledged representative system of government, and March 4 there

was promulgated a remarkable instrument--the _Statuto fondamentale del

Regno_, modelled on the amended French Charter of 1830--which, with

absolutely no modification of text, survives to the present day as the

constitution of the Italian kingdom.[530] March 14 there was (p. 361)

issued by the Pope an instrument known as the _Statuto fondamentale

del Governo temporale_, by which were constituted two legislative

bodies--a high council and a chamber of deputies--and a council of

state, composed of ten members and twenty-four advisors, to which was

committed the task of preparing measures. Bills passed by the

parliament were to be submitted to the Supreme Pontiff, who, after

their discussion in consistory, should extend to them, or withhold

from them, final approval. Before the year was far advanced the news

of the overthrow of Louis Philippe, of the uprising in Germany, and of

the fall of Metternich plunged the whole of Italy afresh in

insurrection. Under the pressure of popular demand the Pope and the

King of Naples sent troops to aid the northern states in the

liberation of the peninsula from Austrian despotism, and for a time,

under the leadership of the Piedmontese monarch, Charles Albert, all

Italy seemed united in a broadly nationalistic movement. July 10 a new

and extremely liberal constitution was adopted by a constituent

assembly in Naples, and, February 9, 1849, following a breach between

the Pope and the Roman parliament, the temporal power of the papacy

was once more swept away and Rome, under an appropriate constitution,

was proclaimed a republic.[531]

[Footnote 530: The nature of the governmental

system provided in this instrument will be

explained at length in the succeeding chapter.]

[Footnote 531: G. Garavani, La costituzione della

repubblica romana nel 1798 e nel 1849 (Fermo,

1910).]

*396. The Reaction.*--The reaction, however, was swift and seemingly all

but complete. At the earliest possible moment the king of Naples

withdrew from the war, revoked the constitution which he had granted,

and put the forces of liberalism to rout. With the assistance of

France, Austria, and Naples, the Pope extinguished the Roman republic

and re-established in all of its vigor the temporal power. By Austrian

arms one after another of the insurrectionary states in the north and

center was crushed, and Austrian influence in that quarter rose to its

former degree of ascendancy. Constitutionalism gave place to

absolutism, and the liberals, disheartened and disunited, were

everywhere driven to cover. Only in Piedmont, whose sovereign, after

the bitter defeat at Novara, had abdicated in favor of his son, Victor

Emmanuel II. (March 23, 1849), was there left any semblance of

political independence or civil liberty.[532]

[Footnote 532: Elaborate accounts of the revolution

of 1848 in Italy are contained in King, History of

Italian Unity, I., Chaps. 9-19, and Thayer, Dawn of

Italian Independence, II., Bks. 4-5. A good brief

account is Cambridge Modern History, XI., Chap. 4

(bibliography, pp. 908-913). A suggestive sketch is

Fisher, Republican Tradition in Europe, Chap. 9.]

III. THE ACHIEVEMENT OF UNIFICATION (p. 362)

*397. The Leadership of Piedmont.*--To all inducements to abrogate the

constitution which his father had granted Victor Emmanuel continued

deaf, and the logic of the situation began to point unmistakably to

Piedmont as the hope of the patriotic cause. After 1848 the building

of the Italian nation becomes, indeed, essentially the story of

Piedmontese organization, leadership, conquest, and expansion. Victor

Emmanuel, honest and liberal-minded, was not a statesman of the first

rank, but he had the wisdom to discern and to rely upon the

statesmanship of one of the most remarkable of ministers in the

history of modern Europe, Count Cavour. When, in 1850, Cavour entered

the Piedmontese ministry he was known already as an ardent advocate of

both constitutionalism and national unification, and after, in 1852,

he assumed the post of premier he was allowed virtually a free hand in

the prosecution of policies designed to contribute to a realization of

these ends. The original purpose of the king and of his minister was

to bring about the exclusion of Austrian influence from Italy and to

organize the various states of the peninsula into a confederacy under

the nominal leadership of the Pope, but under the real supremacy of

the sovereign of Piedmont. Ultimately the plan was so modified as to

contemplate nothing short of a unification of the entire country under

the control of a centralized, national, temporal government.

*398. The Annexations of 1859-1860.*--In 1855 Cavour signed an offensive

and defensive alliance with France, and in 1859 Piedmont, with the

connivance of her ally, precipitated war with Austria. According to an

understanding arrived at by Cavour and the Emperor Napoleon III. at

Plombières (June 20, 1858) Austria was to be expelled absolutely from

Italian soil; Lombardo-Venetia, the smaller duchies of the north, the

papal Legations, and perhaps the Marches, were to be annexed to

Piedmont, the whole to comprise a kingdom of Upper Italy; Umbria and

Tuscany were to be erected into a kingdom of Central Italy; the Pope

was to retain Rome and Ferdinand Naples; and the four states thus

constituted were to be formed into an Italian confederation. In the

contest which ensued the Austrians were roundly defeated, but their

only immediate loss was the ancient duchy of Lombardy. Despite

Napoleon's boast that he would free Italy to the Adriatic, Venetia was

retained yet seven years by the Hapsburgs. Under the terms of the

treaty of Zürich (November 10), in which were ratified the preliminaries

of Villafranca (July 11), Lombardy was annexed to Piedmont. Years (p. 363)

before (June 8, 1848) a Lombard plebiscite upon the question of such

annexation had brought out an affirmative vote of 561,002 to 681.[533]

[Footnote 533: King, History of Italian Unity, II.,

Chap. 27.]

The gain arising from the annexation of Lombardy was in a measure

counterbalanced by the cession of Savoy and Nice to France, in

conformity with an agreement entered into before the war. In point of

fact, none the less, the benefits which accrued to Piedmont from the

Austrian war were enormous. Aroused by the vigor and promise of

Piedmontese leadership, a large portion of central Italy broke into

revolt and declared for union with Victor Emmanuel's dominion. In

September, 1859, four assemblies, representing the grand-duchy of

Tuscany, the duchies of Modena and Parma, and the Romagna (the

northern portion of the Papal States), met at Florence, Modena, Parma,

and Bologna, respectively, and voted unanimously for incorporation

with Piedmont. During March, 1860, the alternatives of annexation and

independence were submitted to the choice of the inhabitants of each

of these districts, all males of age being privileged to vote, with

the result of an aggregate of 792,577 affirmative votes in a total of

807,502. Under authority conferred by the Piedmontese parliament the

king accepted the territories, the formal proclamation of the

incorporation of Parma, Modena, and the Romagna being dated March 18,

and that of the incorporation of Tuscany, March 22. Deputies were

elected forthwith to represent the annexed provinces, and April 2,

1860, the enlarged parliament was convened at Turin. Within the space

of a year the population of the kingdom had been more than doubled. It

was now 11,000,000, or approximately half of that of the peninsula.

*399. Further Annexations: the Kingdom of Italy, 1861.*--Meanwhile the

programme of Cavour and the king had been broadened to comprise a

thoroughgoing unification of the entire country. With amazing rapidity

the task was carried toward completion. Aided by Garibaldi and his

famous Thousand, the people of Sicily and Naples expelled their

Bourbon sovereign, and, at the plebiscite of October 21, 1860, they

declared, by a vote of 1,734,117 to 10,979, for annexation to

Piedmont. At the same time Umbria and the Marches were occupied by the

Piedmontese forces, leaving to the Pope nothing save the Eternal City

and a bit of territory immediately surrounding it. By votes of 97,040

to 380 and 133,077 to 1,212, respectively, these districts declared

for annexation, and, December 17, 1860, a royal decree announced their

final incorporation, together with that of Naples. January 27, 1861,

general elections were held, and, February 18, there was convened (p. 364)

at Turin a new and enlarged parliament by which, March 18, was

proclaimed the united Kingdom of Italy. Over the whole of the new

territories was extended the memorable _Statuto_ granted to Piedmont

by Charles Albert thirteen years before, and Victor Emmanuel II. was

acknowledged "by the grace of God and the will of the nation, King of

Italy."[534]

[Footnote 534: King, History of Italian Unity, II.,

Chaps. 29-32.]

*400. The Completion of Unification, 1866-1871.*--It remained but to

consolidate the kingdom and to accomplish the annexation of the two

Italian districts, Venetia and Rome, which were yet in foreign hands.

Venetia was acquired in direct consequence of Italy's alliance with

Prussia against Austria in 1866. A plebiscite of October 21-22, 1866,

following the enforced cession of Venetia by Austria, October 3,

yielded a vote of 647,246 to 47 for annexation. The union was

sanctioned by a decree of November 4, 1866, and ratified by a law of

July 18, 1867. The acquisition of Rome was made possible four years

later by the exigencies of the Franco-German war. The conviction had

been ripening that eventually Rome must be made the kingdom's capital,

and when, in 1870, there was withdrawn from the protection of the

papacy the garrison which France had maintained in Italy since 1849,

the opportunity was seized to follow up fruitless diplomacy with

military demonstrations. September 20 the troops of General Cadorna

forced an entrance of the city and the Pope was compelled to

capitulate. October 2 the people declared, by a vote of 133,681 to

1,507, for annexation; October 9 the annexation was proclaimed; and

December 31 it was ratified by act of parliament. The guarantees of

independence to be accorded the papacy were left to be determined in a

subsequent statute.[535] By an act of February 3, 1871, the capital of

the kingdom--already, in 1865, transferred from Turin to Florence--was

removed to Rome; and in the Eternal City, November 27 following, was

convened the eleventh parliament since the revolution of 1848, the

fourth since the proclamation of the kingdom of Italy, the first since

the completion of Italian unity.[536]

[Footnote 535: The resulting measure, the Law of

Papal Guarantees, was enacted May 13, 1871. See p.

388.]

[Footnote 536: For a brief account of the final

stages in the unification of Italy see Cambridge

Modern History, XI., Chaps. 14, 19. The best

presentation of the entire subject is that in the

two volumes of King, History of Italian Unity,

1814-1871. Other works of value are W. J. Stillman,

The Union of Italy, 1815-1895 (Cambridge, 1898); J.

Probyn, Italy, 1815-1890 (London, 1884); M.

Cesaresco, The Liberation of Italy (New York,

1894); P. Orsi, L'Italia moderna (Milan, 1901); F.

Bertolini, Storia d'Italia dal 1814 al 1878 (Milan,

1880-1881); and E. Sorin, Histoire de l'Italie

depuis 1815 jusqu'à la mort de V. Emm. (Paris,

1910). Among biographies mention may be made of G.

Godkin, Life of Victor Emmanuel II. (2d ed.,

London, 1880); M. Cesaresco, Cavour (London, 1898);

D. Zanichelli, Cavour (Florence, 1905); B. King,

Mazzini (London, 1902). A very valuable biography,

which indeed comprises virtually a history of the

period 1848-1861, is W. R. Thayer, Count Cavour, 2

vols. (Boston, 1911). The monumental Italian work

in the field is C. Tivaroni, Storia critica del

risorgimento italiano, 9 vols. (Turin, 1888-1897).

The principal documentary collection is N. Bianchi,

Storia documentata della diplomazia Europea in

Italia dall' anno 1814 all' anno 1861, 8 vols.

(Turin, 1865-1872). Invaluable are L. Chiala,

Lettere del Conte di Cavour, 7 vols. (Turin,

1883-1887), and D. Zanichelli, Scritti del Conte di

Cavour (Bologna, 1892). For full bibliography see

Cambridge Modern History, XI., 908-913.]

IV. THE CONSTITUTION (p. 365)

*401. The Statuto.*--The formal constitution of the kingdom of Italy

to-day is the _Statuto fondamentale del Regno_ granted March 4, 1848,

by Charles Albert to his Piedmontese subjects. To each of the

territories successively annexed to the Piedmontese kingdom this

instrument was promptly extended, on the basis of popular

ratifications, or plebiscites; and when, in 1861, the kingdom of

Piedmont was converted into the kingdom of Italy, the fundamental law,

modified in only minor respects, was continued in operation. The

_Statuto_ was granted originally as a royal charter, and its author

seems to have expected it to be final, at least until it should have

been replaced as a whole by some other instrument. At the same time,

there is little reason to doubt that from the outset there was

contemplated the possibility of amendment through the agencies of

ordinary legislation. In any case, there was put into the instrument

no stipulation whatsoever relating to its revision, and none has ever

been added. Upon a number of occasions since 1861 possible

modifications of the constitutional text have been suggested, and even

debated, but no one of them has been adopted. But this does not mean

that the constitutional system of Italy has stood all the while

unchanged. On the contrary, that system has exhibited remarkable

vitality, growth, and adaptive capacity. In Italy, as in other states

the constitution as it exists in writing is supplemented in numerous

important ways by unwritten custom, and Italian jurists are now

substantially agreed that custom is legitimately to be considered a

source of public law.

*402. Legislative Amendment.*--A more important matter, however, is the

extension and the readaptation of the constitution through

parliamentary enactment. In the earlier days of the kingdom there was

a disposition to observe rather carefully in practice the distinction

between functions and powers of a legislative, and those of a

constitutional, character. Gradually, however, the conviction grew

that the constitutional system of the nation might be modified (p. 366)

through the processes of ordinary legislation, and in Italy to-day the

theory of parliamentary omnipotence is scarcely less firmly entrenched

than it is in Great Britain. The parliamentary chambers have never

directly avowed a purpose to amend a single article of the _Statuto_,

but numerous measures which they have enacted have, with clear intent,

taken from the instrument at some points, have added to it at others,

and have changed both its spirit and its application. Care has been

exercised that such enactments shall be in harmony with the public

will, and in practice they are rarely brought to a final vote until

the country shall have been given an opportunity to pass upon them at

a general election. What has come to be the commonly accepted doctrine

was stated forcefully, in the session of July 23, 1881, by Crispi, as

follows: "I do not admit the intangibility of the _Statuto_. Statutes

are made to prevent governments from retrograding, not from advancing.

Before us there can be nothing but progress.... If we retain immutable

the fundamental law of the state, we desire immobility, and should

throw aside all advances which have thus far been made by the

constituted authorities. I understand that in the _Statuto_ of Charles

Albert nothing is said of revision, and this was prudent. But how

should this silence be interpreted? It should be interpreted in the

sense that it is not necessary to the Italian Constitution that a

constituent assembly should be expressly convoked, but that Parliament

in its usual manner of operation is always constituent and

constituted. Whenever public opinion has matured a reform, it is the

duty of Parliament to accept it, even though the reform may bring with

it the modification of an article of the _Statuto_."[537] It is in

accord with the principles here enunciated that--to mention but a few

illustrations--the law of December 6, 1865, regulating the

organization of the judiciary, the Law of Papal Guarantees of 1871,

and the measures of 1882 and 1895 overhauling and extending the

franchise, were placed upon the statute books.

[Footnote 537: Quoted by G. A. Ruiz, The Amendments

to the Italian Constitution, in _Annals of the

American Academy of Political and Social Science_,

Sept., 1895, 38.]

*403. Nature of the Constitution.*--The _Statuto_, in eighty-four

articles, is an instrument of considerable length. It deals,

successively, with the Crown, the rights and duties of citizens, the

Senate, the Chamber of Deputies, the Ministers, the Judiciary, and

matters of a miscellaneous character. The bill of rights contained in

Articles 24-32 guarantees to all inhabitants of the kingdom equality

before the law, liberty of person, inviolability of domicile and of

property, freedom of the press, exemption from non-parliamentary

taxation and, with qualifications, freedom of assembly. It is (p. 367)

constantly to be borne in mind, however, that, so overlaid is the

_Statuto_ with statutory enactments and with custom, that one cannot

apprehend adequately the working constitution of the kingdom to-day,

in respect to either general principles or specific governmental

organs, through an examination of this document alone. In the language

of an Italian publicist, the Italian constitution no longer consists

of the Statute of Charles Albert. This forms simply the beginning of a

new order of things. Many institutions have been transformed by laws,

decrees, usages, and neglect, whence the Italian constitution has

become cumulative, consisting of an organism of law grouped about a

primary kernel which is the _Statuto_.[538]

[Footnote 538: Ruiz, Amendments to the Italian

Constitution, _loc. cit._, 57. The text of the

_Statuto_ appears in P. Coglio e Malchiodi, Codice

Politico Amministrativo. Raccolta completa di tutte

le leggi e regolamenti concernenti la pubblica

amministrazione nei suoi rapporti politici e

amministrativi (6th ed., Florence, 1907), and in V.

Gioia, Le leggi di unificazione amministrativa

precedute dalla legge fondamentale del regno, 2

vols. (Palermo, 1879). It is printed also in

Lowell, Governments and Parties, II., 346-354.

There is a French version in F. R. Dareste, Les

constitutions modernes, 2 vols. (Paris, 1883) I.,

550-560. There is an English translation in Dodd,

Modern Constitutions, II., 5-16, and another, by S.

M. Lindsay and L. S. Rowe, in _Annals of the

American Academy of Political and Social Science_,

Nov., 1894. The Codice Politico Amministrativo

contains a good collection of statutes, ordinances,

and administrative regulations. The most

comprehensive work on Italian constitutional law

which has been written is F. Racioppi and I.

Brunelli, Commento allo statuto del regno, 3 vols.

(Turin, 1909). Among other treatises the following

are of principal value: G. Arangio Ruiz, Storia

costituzionale del regno di Italia, 1848-1898

(Florence, 1898); E. Brusa, Das Staatsrecht des

Königreichs Italien (Leipzig, 1892), in

Marquardsen's Handbuch; E. del Guerra,

L'Amministrazione pubblica in Italia (Florence,

1893); and, for briefer treatment, G. Mosca,

Appunti di diritto costituzionale (Milan, 1908) and

I. Tambaro, II diritto costituzionale italiano

(Milan, 1909).]

CHAPTER XX (p. 368)

THE ITALIAN GOVERNMENTAL SYSTEM

I. THE CROWN AND THE MINISTRY

*404. Status of the Sovereign.*--The constitutional system of Italy

comprises, according to the phraseology of the _Statuto_, a

"representative monarchical government." The throne is hereditary,

after the principle of the Salic Law; that is, it may be inherited

only by and through males. Elaborate provision is made for the

exercise of regal authority in the event of the minority or the

incapacity of the sovereign. During a minority (which terminates with

the close of the king's eighteenth year) the prince who stands next in

the order of succession, provided he be twenty-one years of age, is

authorized to act as regent. In the lack of male relatives the regency

devolves upon the queen-mother, and in default of a queen-mother the

regent is elected by the legislative chamber.[539] Upon ascending the

throne, the king is required to take an oath in the presence of the

legislative chambers faithfully to maintain and observe the

constitution of the realm. The monarch is declared to be sacred and

inviolable in his person, and there is settled upon him a civil list

of 16,050,000 lire, of which amount at present, however, the sum of

one million lire is repaid annually to the state. Since 1870 the royal

residence has been the Palazzo del Quirinale, a palace which for

generations, by reason of its elevated and healthful situation, was

much frequented by the popes.

[Footnote 539: Arts. 11-17. Dodd, Modern

Constitutions, II., 6.]

*405. Powers and Functions of the Crown.*--On paper, the powers of the

crown appear enormous; in reality they are much less considerable, as

is inevitably the fact wherever monarchy is tempered by

parliamentarism. In the king alone is vested, by the _Statuto_, the

executive power, and to him alone this power, in theory, still

belongs. The exercise of it, however, devolves almost wholly upon a

group of ministers, who are responsible, not to the crown, but to the

parliament. In no continental country has there been a more deliberate

or a more unreserved acceptance of the essential principles which

underlie the parliamentary system of Great Britain. No one of the (p. 369)

three sovereigns of united Italy has ever sought for an instant to

establish anything in the nature of personal government. The principle

that the ministry shall constitute the working executive, and that it

shall be continually responsible to the lower chamber of Parliament,

has been so long observed in practice that it is now regarded as an

inflexible law of the constitution. Under these limitations, however,

the king approves and promulgates the laws, grants pardons and

commutes sentences, declares war, commands all military and naval

forces, concludes treaties, issues ordinances, creates senators, and

makes appointments to all offices of state.[540] By the _Statuto_ it

is provided that treaties involving financial obligations or

alterations of the territory of the state shall be effective only

after receiving the sanction of the legislative chambers. In practice,

treaties of all kinds are submitted regularly for such approval, save

only such as comprise military conventions or foreign alliances. The

power of the veto exists, but it is in practice never used. Rarely

does the king attend the sessions of the cabinet, in which the

policies of the government are discussed and its measures formulated

and, save through the designation of the premier, in the event of a

cabinet crisis, and within the domain of foreign relations, the royal

power may be said to be brought to bear in direct manner upon the

affairs of state only incidentally. As head of the nation, however,

and visible token of its hard-won unification, the monarch fulfills a

distinctly useful function. The reigning family, and especially the

present sovereign, Victor Emmanuel III., is extremely popular

throughout the country; so that, although in Italy, as elsewhere among

European monarchies, there is an avowed republican element, there is

every indication that royalty will prove an enduring institution.

[Footnote 540: Arts. 5-8. Dodd, Modern

Constitutions, II., 5. Dupriez, Les Ministres, I.,

292-297.]

*406. The Ministry: Composition.*--From what has been said it follows

that the ministry in Italy, as in Great Britain and France,

constitutes the actual executive. Nominally it consists of heads of

departments, although occasionally a member is designated without

portfolio. Of departments there are at present eleven, as follows:

Foreign affairs; War; Marine; the Interior; Finance; the

Treasury;[541] Public Instruction; Public Works; Justice and

Ecclesiastical Affairs; Commerce, Industry, and Agriculture; and Posts

and Telegraphs. Ordinarily the premier, or "president of the council,"

occupies the portfolio of the Interior. He is named by the king, and

inasmuch as, by reason of the multiplicity of Italian political (p. 370)

parties, there is often no clearly distinguished "leader of the

opposition," such as all but invariably stands ready to assume office

in Great Britain, in the making of the appointment there is room for

the exercise of considerable discretion. All remaining members of the

ministry are designated by the crown, on nomination of the premier. In

accordance with the provisions of a law of February 12, 1888, each

minister is assisted by an under-secretary of state.

[Footnote 541: Separated from Finance in 1889.]

All ministers and under-secretaries possess the right to appear on the

floor of either of the legislative chambers, and to be heard upon

request; but no one of them is entitled to vote in either body unless

he is a member thereof.[542] To be eligible for appointment to a

portfolio or to an under-secretaryship it is not necessary that a man

be a member of either chamber; but if an appointee is not in

possession of such membership it is customary for him to seek the next

seat that falls vacant in the Deputies, unless in the meantime he

shall have been created a senator. In point of fact, the ministers are

selected regularly from among the members of Parliament, and

predominantly from the Chamber of Deputies. Only rarely has the

premiership devolved upon a senator. Ministers of war and of marine,

being chosen largely by reason of technical qualifications, are

frequently members of the Senate by special appointment.

[Footnote 542: Art. 66. Dodd, Modern Constitutions,

II., 13.]

*407. The Ministry: Organization and Functions.*--The internal

organization of the ministry--the interrelations of the several

departments and the relations sustained by each minister with the

premier--are regulated largely by a decree of March 28, 1867,

promulgated afresh, with minor modifications, August 25, 1876. Among

matters which are required to be brought before the ministerial

council are all projects of law which are to be submitted to the

chambers, all treaties, all conflicts of administrative jurisdiction,

all proposals relating to the status of the Church, petitions from the

chambers, and nominations of senators, diplomatic representatives, and

a wide range of administrative and judicial functionaries. By law

there is enumerated further an extended list of matters which must be

brought to the ministry's attention, though action thereupon is not

made compulsory; and the range of subjects which, upon the initiative

of the premier or that of other ministers, may be submitted for

consideration is left purposely without limit. It is the business of

the premier to convoke the ministers in council, to preside over their

deliberations, to maintain, in respect to both administrative methods

and political policy, as large a measure of ministerial uniformity and

solidarity as may be; and to require from time to time from his (p. 371)

colleagues full and explicit reports upon the affairs of each of

the several departments. By reason, however, of the multiplicity of

party groups in the chambers, the necessarily composite character

politically of every cabinet, and the generally unstable political

condition of the country, ministries rarely possess much real unity,

and in the administration of the public business they are likely to be

handicapped by internal friction. "The Italian ministry," says an able

French writer, "is manifestly unable to fulfill effectively the

three-fold purpose of a parliamentary cabinet. It exercises the

executive power in the name, and under the authority, of the king; but

it does not always know how to restrain Parliament within the bounds

of its proper control, and it is obliged to tolerate the interference

of deputies in the administration. Through the employment of the

initiative, and of influence upon the acts of Parliament, it is the

power which impels legislation; but not infrequently it is lacking in

the authority essential to push through the reforms which it has

undertaken, and the Chamber evades easily its control. It seeks to

maintain harmony between the two powers (executive and legislative);

but the repeated defeats which it suffers demonstrate to what a degree

its work is impeded by the disorganization of parties."[543] For all

of their acts the ministers are responsible directly to Parliament,

which means, in effect, to the Chamber of Deputies; and no law or

governmental measure may be put in operation until it has received the

signature of one or more of the ministerial group, by whom

responsibility for it is thereby explicitly assumed.

[Footnote 543: Dupriez, Les Ministres, I., 291.]

*408. The Promulgation of Ordinances.*--The administrative system of

Italy is modelled, in the main, upon that of France. In the effort to

achieve national homogeneity the founders of the kingdom indulged to

excess their propensity for centralization, with the consequence that

Italy has exhibited regularly an admixture of bureaucracy and

liberalism even more confounding than that which prevails in the

French Republic. In theory the administrative system is broadly

democratic and tolerant; in practice it not infrequently lends itself

to the employment of the most arbitrary devices. Abuse arises most

commonly from the powers vested in the administrative officials to

supplement legislation through the promulgation and enforcement of

ordinances. By the constitution it is stipulated that the Executive

shall "make decrees and regulations necessary for the execution of the

laws, without suspending their execution, or granting exemptions from

them."[544] This power, however, in practice, is stretched even

further than is the similar power of the Executive in France, and with

the result not infrequently of the creation of temporary law, or (p. 372)

even the virtual negation of parliamentary enactment. Parliament is

seldom disposed to stand very rigidly upon its rights; indeed, it

sometimes delegates expressly to the ministry the exercise of sweeping

legislative authority. The final text of the great electoral law of

1882, for example, was never considered in the chambers at all. After

debating the subject to their satisfaction, the two houses simply

committed to the Government the task of drawing up a permanent draft

of the measure and of promulgating it by executive decree. The same

procedure has been followed in other fundamental matters. And not

merely the ministers at Rome, but also the local administrative

agents, exercise with freedom the ordinance-making prerogative. "The

preference, indeed," as is observed by Lowell, "for administrative

regulations, which the government can change at any time, over rigid

statutes is deeply implanted in the Latin races, and seems to be

especially marked in Italy."[545]

[Footnote 544: Art. 6. Dodd, Modern Constitutions,

II., 5.]

[Footnote 545: Lowell, Governments and Parties, I.,

166. On the Italian executive see Dupriez, Les

Ministres, I., 281-329. An essay of value is M.

Caudel, Parlementarisme italien, in _Annales des

Sciences Politiques_, Sept., 1900.]

II. PARLIAMENT: THE SENATE

*409. Composition.*--Legislative power in Italy is vested conjointly in

the king and Parliament, the latter consisting of two houses--an

upper, the _Senato_, and a lower, _the Camera de' Deputati_. The

Senate is composed entirely of members appointed for life by the

crown. The body is no true sense a house of peers. Its seats are not

hereditary and its members represent not alone the great proprietors

of the country but a wide variety of public functionaries and men of

achievement. In the making of appointments the sovereign is restricted

by the necessity of taking all appointees from twenty-one stipulated

classes of citizens, and it is required that senators shall be of a

minimum age of forty years. The categories from which appointments are

made--including high ecclesiastics, ministers of state, ambassadors,

deputies of prolonged service, legal and administrative officials, men

who during as much as seven years have been members of the Royal

Academy of Sciences or of the Superior Council of Public

Instruction--may be reduced, broadly, to three: (1) high officials of

church and state; (2) persons of fame in science or literature, or who

by any kind of services or merit have brought distinction to the

country; and (3) persons who for at least three years have paid direct

property or business taxes to the amount of 3000 lire ($600). The

total number of members when the _Statuto_ was put in effect in 1848

was 78; the number in 1910 was 383. The last-mentioned number comprised

the president of the Chamber of Deputies, 147 ex-deputies of six (p. 373)

years' service (or men who had been elected to as many as three

parliaments), one minister of state, six secretaries of state, five

ambassadors, two envoys extraordinary, 23 officials of the courts of

cassation and of other tribunals, 33 military and naval officials,

eight councillors of state, 21 provincial functionaries, 41 members of

the Royal Academy of Sciences, three members of the Superior Council

of Public Instruction, two persons of distinguished services to the

country, 71 payers of direct taxes in the amount of 3,000 lire, and 19

other scattered representatives of several categories. The absence of

ecclesiastical dignitaries is to be accounted for by the rupture with

the Vatican. The last members of this class to be named were appointed

in 1866.

*410. Legislative Weakness.*--The prerogative of senatorial appointment

has been exercised upon several occasions for the specific purpose of

influencing the political complexion of the upper chamber. In 1886

forty-one appointments were made at one stroke; in 1890, seventy-five;

and in 1892, forty-two. The Senate guards jealously its right to

determine whether an appointee is properly to be considered as

belonging to any one of the twenty-one stipulated categories, and if

it decides that he is not thus eligible, he is refused a seat. But as

long as the sovereign keeps clearly within the enumerated classes, no

practical limitation can be placed upon his power of appointment.[546]

In practice, appointment by the king has meant regularly appointment

by the ministry commanding a majority in the lower chamber; and so

easy and so effective has proved the process of "swamping" that the

legislative independence of the Senate has been reduced almost to a

nullity. In general it may be said that the body exercises the

function of a revising, but no longer of an initiating or a checking,

chamber. During the period 1861-1910 the government presented in the

Chamber of Deputies a total of 7,569 legislative proposals, in the

Senate but 598; and the number of projects of law originated within

the Senate during this same period was but thirty-nine. In volume and

range of legislative activity the nominated senate of Italy is

distinctly inferior to the elected senate of France.[547]

[Footnote 546: Of 1,528 appointments made between

1848 and 1910 but 63 were refused confirmation by

the Senate.]

[Footnote 547: It is interesting to observe that,

in the interest of governmental stability and

permanence, Cavour favored the adoption of the

elective principle in Italy. For illustrations of

the weakness of the Italian Senate see C.

Morizot-Thibault, Des droits des chambres hautes ou

sénats en matière des lois de finance (Paris,

1891), 156-175.]

*411. Projected Reform.*--Within recent years there has arisen a

persistent demand for a reform of the Senate, to the end that the

body may be brought into closer touch with the people and be (p. 374)

restored to the position of a vigorous and useful second chamber. In

the spring of 1910 the subject was discussed at some length within the

Senate itself, and at the suggestion of the ministry a special

commission of nine members was created to study "the timeliness, the

method, and the extent" of the proposed reforms. December 5, 1910,

this commission brought in an elaborate report, written principally by

Senator Arcoleo, a leader among Italian authorities upon

constitutional law. After pointing out that among European nations the

reconstitution and modernization of upper chambers is a subject of

large current interest, the commission proposed a carefully considered

scheme for the popularizing and strengthening of the senatorial body.

The substance of the plan was, in brief; (1) that the chamber

henceforth should be composed of 350 members; (2) that the membership

should be divided into three categories, designated, respectively, as

officials, men of science and education, and men of political or

economic status; and (3) that members of the first category, not to

exceed 120, should be appointed, as are all members at present, by the

crown; but members of the other two should be elected by fifteen

special colleges so constituted that their membership would represent

actual and varied groups of interests throughout the nation. The

professors in the universities, for example, organized for the purpose

as an electoral college, should be authorized to choose a contingent

of thirty representatives. Other elements to be admitted to a definite

participation in the elections should include former deputies, larger

taxpayers, provincial and communal assemblies, chambers of commerce,

agricultural societies, and workingmen's associations. The primary

idea of those who propounded the scheme was that through its adoption

there would be established a more vital contact between the Senate and

the varied forces that contribute to the life of the nation than can

subsist under the existing order. Unfortunately, as many consider, the

Senate voted not to approve the commission's project. It contented

itself, rather, with a vote in favor of an enlargement of the classes

of citizens from which senators may be appointed by the king,

although, in February, 1911, it went so far as to request the ministry

to present new proposals, and, in particular, a proposal to vest in

the Senate the choice of its presiding officer. Toward a solution of

the problems involved there has been (to 1912) no further progress. It

is not improbable, however, that upon some such plan of modernization

as was prepared by the commission of 1910 agreement eventually will be

reached.[548]

[Footnote 548: E. Pagliano, Il Senato e la nomina

dei senatori (Rome, 1906); L. A. Magro, L'

aristocrazia e il Senato (Catania, 1909); I.

Tambaro, La réforme du Sénat italien, in _Revue du

Droit Public_, July-Sept., 1910, and Les débats sur

la réforme du Sénat italien, ibid., July-Sept.,

1911; M. Scelle, Réforme du Sénat italien, ibid.,

Oct.-Dec, 1911; Nazzareno, La riforma del Senato,

in _Rivista di Diritto Pubblica_, III., 171. The

report of the commission of 1910 is contained in

Per la riforma del Senato; relazione della

commissione (Rome, 1911).]

*412. Privileges and Powers.*--Within the Senate, as to-day (p. 375)

constituted, the president and vice-president are named by the king;

the secretaries are selected by the body from its own membership. The

privileges of members are defined minutely. Save by order of the

Senate itself, no senator may be arrested, unless apprehended in the

commission of an offense; and the Senate is constituted sole judge of

the alleged misdemeanors of its members--a curious duplication of an

ancient prerogative of the British House of Lords. Ministers are

responsible only to the lower house, and although there are instances

in which a minister has retired by reason of an adverse vote in the

Senate, in general it may be affirmed that the Senate's importance in

the parliamentary régime is distinctly subordinate. The two chambers

possess concurrent powers of legislation, except that all measures

imposing taxes or relating to the budget are required to be presented

first in the Deputies. By decree of the crown the Senate may be

constituted a High Court of Justice to try cases involving treason or

attempts upon the safety of the state, and to try ministers impeached

by the Chamber of Deputies. When acting in this capacity the body is a

tribunal of justice, not a political organization; but it is forbidden

to occupy itself with any judicial matters other than those for which

it was convened.[549]

[Footnote 549: Art. 36. Dodd, Modern Constitutions,

II., 10.]

III. THE CHAMBER OF DEPUTIES--PARLIAMENTARY PROCEDURE

*413. Composition: Franchise Law of 1882.*--The lower legislative

chamber is composed of 508 members chosen by the voters of the realm

under the provisions of the electoral law of March 28, 1895. In no

country of western Europe is the privilege of the franchise more

restricted than in Italy; yet progress toward a broadly democratic

scheme of suffrage has been steady and apparently as rapid as

conditions have warranted. The history of the franchise since the

establishment of the present kingdom falls into three periods,

delimited by the electoral laws of 1882 and 1895. Prior to 1882 the

franchise was, in the main, that established by the electoral law of

December 17, 1860, modified by amendments of July, 1875, and May,

1877. It was restricted to property-holders who were able to read and

write, who had attained the age of twenty-five, and who paid an annual

tax of at least forty lire. Under this system less than two and a (p. 376)

half per cent of the population possessed the right to vote.

In 1882, after prolonged consideration of the subject, the Government

carried through Parliament a series of measures--co-ordinated in the

royal decree of September 24--by which the property qualification was

reduced from forty lire to nineteen lire eighty centesimi and the age

limit was lowered to twenty-one years. The disqualification of

illiteracy was retained, and a premium was placed upon literacy by the

extension of the franchise, regardless of property, to all males over

twenty-one who had received a primary school education. There were

minor extensions in other directions. The net result of the law of

1882 was to raise the number of voters at a stroke from 627,838 to

2,049,461, about two-thirds of the new voters obtaining the franchise

by reason of their ability to meet the educational qualification.[550]

An incidental effect of the reform was to augment the political

influence of the cities, because in them the proportion of illiterates

was smaller than in the country districts. Small landed proprietors,

though of a more conservative temperament, and not infrequently of a

better economic status, than the urban artisans, were commonly unable

to fulfill the scholarship qualification.

[Footnote 550: Lowell, Governments and Parties, I.,

157.]

The law of 1882 provided for elections by general ticket, i.e., on the

principle of _scrutinio di lista_. An act of May 8, 1891, abolished

the general ticket and created a commission by which the country was

divided into 508 electoral districts, each entitled to choose one

deputy. By a law of June 28, 1892, there were introduced various

reforms in the control and supervision of elections, and by another of

July 11, 1894, new provisions were established for the revision of

electoral and registration lists. Finally, March 28, 1895, there was

promulgated an elaborate royal decree whereby the entire body of

electoral laws enacted since the establishment of constitutional

government, and at the time continuing in operation, was co-ordinated

afresh. The existing system was not altered fundamentally, although

the method of making up the voting-lists was changed, with the result

that the number of electors was somewhat diminished.

*414. The Franchise To-day.*--The Italian voter to-day must possess the

following qualifications: (1) Italian citizenship; (2) age of

twenty-one, or over; (3) ability to read and write; and (4) successful

passage of examinations in the subjects comprised in the course of

compulsory elementary education. The last-mentioned qualification is

not, however, required of officials, graduates of colleges, professional

men, persons who have served two years in the army, citizens who pay a

direct tax annually of not less than nineteen lire eighty (p. 377)

centesimi, those who pay an agricultural rental of 500 lire, those who

pay house rent of from 150 lire in communes of 2,500 people to 400

lire in communes of over 150,000, and certain less important classes.

So serious at all times has seemed the menace of illiteracy in Italy

that the establishment of manhood suffrage has but rarely been

proposed. Under the existing system the extension of education carries

with it automatically the expansion of the franchise, though the

obstacles to universal education are still so formidable that the

democratizing of the state proceeds but slowly.[551] In 1904 the

number of enrolled electors was 2,541,327--29 per cent of the male

population over twenty-one years of age, and 7.67 per cent of the total

population--exclusive of 26,056 electors temporarily disfranchised by

reason of being engaged in active military service. At the elections

of November, 1904, the number of qualified electors who voted was

1,593,886, or but 62.7 per cent of those who possessed the privilege.

The proportion of registered electors who actually vote is kept down

by the prosaic character of Italian electoral campaigns, by the

influence of the papal _Non Expedite_,[552] and, most of all, by the

habitual indifference of citizens, who, if the truth be told, for the

most part have never displayed an insatiable yearning for the

possession of the voting privilege. With the exception of the

Socialists, no party has a clear-cut, continuous programme; none, save

again the socialists, attempts systematically to arouse the voters at

election time.

[Footnote 551: King and Okey, Italy To-day, Chap.

12.]

[Footnote 552: See p. 400.]

*415. Electoral Reform.*--Notwithstanding these facts, there has been,

in recent years, a somewhat insistent demand for electoral reform. The

Luzzatti ministry fell, in March, 1911, primarily because a plan of

suffrage extension which it had proposed was not to be put in

operation before 1913. June 10, 1911, the Giolitti ministry which

succeeded laid before the Chamber the text of a measure which, if

adopted, would go far toward the establishment of universal male

suffrage. The proposal was that practically all male citizens over

thirty years of age, and all over twenty-one who have performed the

military service required by the state, should be given the privilege

of voting, irrespective of their ability to read and write. This

project, after being debated at length, was adopted in the Chamber of

Deputies early in 1912 by the enormous majority of 392 to 61. In the

event of its final enactment the existing electorate will be increased

from three millions to two and a half times that number and a general

overhauling of electoral methods and machinery will be rendered

necessary. The grounds upon which the change is urged are, first, (p. 378)

the example of other nations and, second, the political and economic

progress which Italy has achieved within the past generation. Serious

students doubt whether the time is ripe for so radical a step. One

half of the proposed electorate would be wholly illiterate.[553]

[Footnote 553: For the text of the Giolitti

proposals see _Il Seculo_, June 11, 1911. On

Italian electoral reform see A. Piebantoni, La

riforma della legge elettorale (Naples, 1909); G.

Bandini, La riforma elettorale con la

rappresentanza proporzionale nelle elezioni

politiche (Rome, 1910); G. Sabini, La riforma del

sistema elettorale in Italia (Turin, 1910);

Siotto-Pintor, Estensione del suffragio e

distribuzione della rappresentanza, in _Rivista di

Diritto Pubblico_, Dec., 1911, and Le riforma del

régime elettorale e le dottrine della

rappresentanza politica e dell' elettorato nel

secolo XX. (Rome, 1912).]

*416. Electoral Procedure.*--Save during the years 1882-91, when the

_scrutinio di lista_ was in operation, deputies have been chosen

uniformly from single-member districts. There are to-day 508 such

districts. No candidate is returned unless he not only polls a number

of votes in excess of one-sixth of the total number of enrolled

electors within the district, but has also an absolute majority of all

the votes cast. If, after balloting, it is found that no candidate

meets this requirement, a second ballot (_ballottaggio_) takes place

one week subsequently.[554] At each polling place the presiding

officer and "scrutineers" are chosen by the voters present. The method

of voting is simple. In the polling-booth stands a table, on which are

placed two square glass boxes, one empty, the other containing the

voting papers. As the list of enrolled electors is read

alphabetically, each man steps forward, receives a ballot paper, takes

it to an adjoining table and writes on it the name of the candidate

for whom he wishes to vote, folds the paper, and deposits it in the

box reserved for the purpose. After the list has been read through it

is the right of any voter who was not present to respond when his name

was called to cast his ballot in a similar manner. The polling hours

extend, as a rule, from 9 a.m. to 4 p.m.[555]

[Footnote 554: At the elections of March, 1909, in

75 of the 508 districts no candidate received an

adequate majority. In 57 of these districts the

candidate who, at the first ballot, had received

the largest number of votes was elected at the

second ballot. The political effect of the second

ballot is slight. At the election of 1900 there

were 77 second ballotings; at that of 1904, 39. A.

N. Holcombe, Direct Primaries and the Second

Ballot, in _Amer. Political Science Review_, Nov.,

1911; A. F. Locatelli, Considerazioni intorno all'

opportunità di abolire il ballottaggio, in _La

Riforma Sociale_, July-Aug., 1910.]

[Footnote 555: King and Okey, Italy To-day, 14.]

*417. Qualifications and Privileges of Members.*--A deputy is not

required to be a resident of the district from which he is chosen. He

must, however, be a citizen; must be at least thirty years of age;

must be in possession of full civil and political rights; and must not

belong to any of the classes or professions whose members are (p. 379)

debarred by law. All salaried government officials, all persons

receiving stipends from the state, and all persons ordained for the

priesthood or filling clerical office are disqualified outright.

Furthermore, while officers in the army and navy, ministers,

under-secretaries, and various other higher functionaries may be

elected, their number must never exceed forty, not including the

ministers and under-secretaries. Neither senators nor deputies receive

a salary or other compensation, a fact that undoubtedly accounts in

some measure for the uniformly slender attendance in the chambers.

Members are permitted, however, to travel free throughout Italy by

rail, or on steamers belonging to lines that have a government

contract containing a stipulation upon the subject. Measures providing

for the payment of members have been proposed from time to time, but

none have received the approval of the two chambers. A measure of the

sort introduced in 1882 by Francesco Crispi, when a deputy, was

rejected by the lower house. More recently, in the electoral bill

voted by the Chamber of Deputies in 1912 provision is made for the

payment of deputies; but at the time of writing final action upon this

project has not been taken. Deputies are elected nominally for a

five-year period, which is the maximum duration of a parliament. In

point of fact, a dissolution is practically certain to intervene

before the expiration of the full term, and the average interval

between elections is nearer three years than five. If for any reason a

deputy ceases to perform his duties, the electoral district that chose

him is called upon forthwith to elect a new representative.

*418. The Chambers: Organization.*--The constitution does not prescribe

definitely that the parliament shall be assembled annually. It

stipulates merely that the sessions of the two houses shall begin and

end at the same time, that a meeting of one house at a time when the

other is not in session is illegal, and that measures enacted under

such circumstances are void.[556] Custom and the necessities of

administration, however, render it incumbent upon the crown to convoke

the chambers in at least one session each year, unless, indeed, as has

sometimes happened, a session is so prolonged as to extend, with

occasional recesses, over an entire year, or even two years.

[Footnote 556: Art. 48. Dodd, Modern Constitutions,

II., 12.]

The president and vice-president of the Senate are designated by the

crown, but the president, vice-presidents, and secretaries of the

lower chamber are chosen by the chamber itself from among its own

members at the beginning of each session, for the entire session. The

president of the Deputies, although empowered to appoint certain

committees, such as those on rules and contested elections, is not (p. 380)

infrequently re-elected again and again without regard to party

affiliations, after the manner of the Speaker of the British House of

Commons. The membership of the Chamber of Deputies is divided into

nine _uffici_, or sections, and that of the Senate into five. A fresh

division, by lot, takes place every two months. The principal function

of the _uffici_ is the election of those committees for whose

constitution no other provision is made. In each chamber the most

important of all committees, that on the budget, is elected directly

by the chamber. In the Deputies certain other committees are elected

in the same way, while, as has been said, those on elections and on

rules are appointed by the president. But committees specially

constituted for the consideration of particular measures are made up

of members chosen from the various _uffici_, unless the chamber

prefers to designate some other method.

*419. The Chambers: Procedure.*--Each house frames its own rules of

procedure. By the constitution it is stipulated that the sessions

shall be public (with the provision that upon the written request of

ten members secret sessions may be held); that Italian shall be the

official language; that no session or vote of either house shall be

valid unless an absolute majority of the members is present; and that

neither house shall receive any deputation, or give hearings to

persons other than the legislative members, ministers, and

commissioners of the Government.[557] Except such as relate to

finance, bills on any subject may originate in either house, and at

the initiative of the Government or of private members, though in

practice all proposals of importance emanate from the Quirinal. The

ministers appear regularly on the floor of the two chambers, to

advocate the measures of the Government and to reply to inquiries. The

right of interpellation is not infrequently exercised, though the

debate and vote following a challenge of the ministry fall regularly

after an interval of some days, instead of at once, as in the French

system, thus guarding somewhat against precipitancy of action. A

measure which is passed in one house is transmitted to the other for

consideration. After enactment in both houses, it is presented to the

king for approval, which, in practice, is never withheld. A bill

rejected by the crown, or by either house, may not be reintroduced

during the same session. Votes are taken by rising and sitting, by

division, or by secret ballot. The third of these methods is

obligatory in all final votes on enactments, and on measures of a

personal character. It is specifically enjoined that deputies (p. 381)

shall represent the nation as a whole, and not the districts from

which they are chosen, and to this end no binding instructions may be

imposed upon them by the electors.[558] Except when taken in the

actual commission of an offense, deputies are exempt from arrest

during the continuance of a session, and they may not be proceeded

against in criminal matters without the previous consent of the

Chamber. Neither senators nor representatives may be called to account

for opinions expressed, or for votes cast, in the performance of their

official functions.

[Footnote 557: Arts. 52-54, 59, 62. Dodd, Modern

Constitutions, II., 12-13. In practice the

requirement of the presence of an absolute majority

of members is sometimes disregarded.]

[Footnote 558: Art. 41. Dodd, Modern Constitutions,

II., 11.]

IV. THE JUDICIARY

*420. General Aspects.*--The provisions of the _Statuto_ respecting the

administration of justice are brief and general. Justice, it is

declared, emanates from the king and is administered in his name by

the judges whom he appoints. These judges, after three years of

service, are irremovable. Proceedings of courts in civil cases and

hearings in criminal cases are required to be public. No one may be

withdrawn from his ordinary legal jurisdiction; and no modification

may be introduced in respect to courts, tribunals, or judges, save by

law.[559] On the basis of these principles there has been built up a

system of tribunals which differs in but few important respects from

the systems in operation in the other Latin countries of Europe. It

consists, in part, of courts which have been carried over from the

period preceding Italian unification and, in part, of courts which owe

their existence to legislation subsequent to 1861. The model upon

which the system has been developed is the judicial hierarchy of

France, and it differs from this system in little save the existence,

as will appear, of five largely independent courts of cassation

instead of one.

[Footnote 559: Arts. 68-73. Ibid., II., 14-15.]

*421. The Ordinary Courts.*--For purposes of justice the kingdom is

divided into 1,535 _mandamenti_,[560] 162 tribunal districts, and 20

appellate court districts. Within each _mandamento_ is a _pretura_, or

magistracy, which exercises jurisdiction in civil cases and in cases

of misdemeanors (_contravvenzioni_) and offenses (_delitte_)

punishable by imprisonment not exceeding three months, or banishment

not exceeding one year, or a fine not exceeding 1,000 lire. In (p. 382)

minor civil cases, involving sums not in excess of 100 lire,

jurisdiction is vested in justices of the peace (_giudici conciliatori_)

who likewise, upon request, act as arbitrators in cases involving any

amount. In each of thirteen of the largest towns there is a _pretura_

which exercises penal jurisdiction exclusively. Next above the

_pretori_ stand the penal courts, one in each of the 162 tribunal

districts. These exercise jurisdiction in the first instance in

offenses involving a maximum imprisonment of ten years or a fine of

more than 1,000 lire. To them appeal may be carried from the decisions

of the _pretori_. Closely associated are the courts of assize, which

possess original jurisdiction in cases involving a penalty of

imprisonment for life, or for a period longer than a minimum of five,

and a maximum of ten, years. Save when the Senate is constituted a

high court of justice, these tribunals have exclusive jurisdiction of

all press offenses and of all cases involving attacks upon the

security of the state. As a rule, the courts of assize make use of the

jury. From their decisions there is no appeal, save upon a point of

form, and appeal lies solely to the court of cassation at Rome. From

the penal tribunals appeal lies, in cases not dealt with by the assize

courts, to the twenty courts of appeal.

[Footnote 560: Prior to 1901 the administrative and

electoral _mandamenti_ and the _mandamenti

giudiziarii_ were identical geographically, and

there were 1,805 of them in the kingdom. By a law

of the year mentioned the judicial _mandamenti_

were reduced in number to 1,535.]

At the top of the system stand five largely independent courts of

cassation, located at the old capitals of Turin, Florence, Naples,

Palermo, and Rome. Each of these exercises, within its own territory,

final jurisdiction in all cases involving the ordinary civil law. The

court of cassation at Rome, it is true, has been given exclusive

jurisdiction in conflicts of competence between different courts,

conflicts between the courts and the administrative authorities, the

transfer of suits from one tribunal to another, writs of error in

criminal cases, and a variety of other special matters. But, aside

from this, the five tribunals are absolutely equal in function; there

is no appeal from one to another, and the decisions arrived at by one

do not constitute precedents which the others are obligated to

recognize. One of the most striking aspects, indeed, of the Italian

judicial system is its lack of centralization; though it should be

added that the centralizing principle which, since 1870, has dominated

so notably all other departments of the government has been gradually

winning its way in the judiciary.

*422. The Administrative Courts.*--In Italy, as in continental countries

generally, there is preserved a sharp distinction between public and

private law; but the separation of functions of the ordinary and the

administrative courts is much less clear-cut than in France and

elsewhere. In 1865, indeed, the surviving administrative courts of (p. 383)

the states which had been drawn into the kingdom, were abolished and

it was arranged that the ordinary courts should exercise unrestricted

jurisdiction in all criminal cases and in all civil cases in which, by

the decision of the Council of State, a civil or political right was

involved. The system worked poorly and by laws of June 2, 1889, and

May 1, 1890, a special section of the Council of State (composed of a

president and eight councillors named by the king) was set off to

serve as an administrative court, while at the same time an inferior

administrative jurisdiction was conferred upon the _giunta_ (prefect

and certain assistants) of the province. In practice to-day, when the

legality of acts committed by the administrative officials is called

in question, the ordinary courts exercise jurisdiction, if the

question is one of private _right_; if it is one merely of private

_interest_, it goes for decision to an administrative tribunal. In

most continental countries _all_ cases involving the legality of

official acts fall within the domain of the administrative

courts.[561]

[Footnote 561: There is a brief description of the

Italian judicial system in Lowell, Governments and

Parties, II., 170-178.]

V. LOCAL GOVERNMENT

*423. Historical Basis.*--In her ancient territorial divisions Italy had

once the basis of a natural and wholesomely decentralized system of

local government. Instead of availing themselves of it, however, the

founders of the present kingdom preferred to reduce the realm to a

_tabula rasa_ and to erect within it a wholly new and symmetrical

hierarchy of territorial divisions and governmental organs. By a great

statute of March 20, 1865, there was introduced in the kingdom a

system of provincial and communal organization, the essentials of

which were taken over in part from Belgium, but more largely from

France. The functions and relations of the various local agencies were

amplified and given substantially their present form in the law of

December 30, 1888, supplemented and amended by acts of July 7, 1889,

and July 11, 1894. So closely has the French model been adhered to

throughout that the resemblance between the two systems amounts almost

to duplication. The system of Italy calls, therefore, for no very

extended independent description.

The units of local government are four in number--the province, the

_circondaro_, the _mandamento_, and the commune. Of these, the first

and last alone possess vitality, distinct interests, and some measure

of autonomy; and throughout the entire series runs that same principle

of thoroughgoing centralization which is the pre-eminent characteristic

of the local governmental system of France. The _circondaro_, (p. 384)

corresponding to the French _arrondissement_, is essentially an

electoral division. Strictly, there are in the kingdom 197 _circondarii_;

but 87 districts comprising the province of Mantua and the eight

provinces of Venetia are, in all save name, _circondarii_ also. The

1806 _mandamenti_, or cantons, are but subdivisions of the provinces

for administrative purposes.

*424. The Province: Prefect and Council.*--There are in the kingdom 69

provinces, varying considerably in size but with an average population

of 450,000 to 500,000. The Italian province corresponds closely to the

French department. At its head is a prefect, appointed by the crown

and directly responsible to the Minister of the Interior. Like the

French prefect, the Italian is a political official, and the fact not

merely influences his appointment but affects greatly his conduct in

office. As representative and agent of the central government the

prefect publishes and executes the laws, supervises the provincial

administration, opens and closes sessions of the provincial council

and sanctions or vetoes the measures of that body, and safeguards in

general the interests of the Government in the province.

Within each province is a council of from 20 to 60 members, elected

for a period of six years on a franchise somewhat broader than that

which prevails in parliamentary elections. One-half of the membership

is renewed triennially. The council meets regularly once each year,

nominally for a month's session; but an extraordinary session may be

convened at any time by the prefect, by the deputation, or upon call

of one-third of the councillors. Aside from the voting of the

provincial budget, the powers of the council are relatively meager. In

part, e.g., in respect to the maintenance of highways, the control of

secondary and technical education, and a share in the supervision of

charity, they are obligatory; in part they are merely permissive. A

deputation, or commission, of from six to ten persons, elected by the

council from its own membership, represents the council in the

intervals between its sittings and carries on the work which it may

have in hand. The prefect is advised by a prefectorial council of

three members appointed by the Government, and he is further assisted

by a _giunta_ of six members, four of whom are elected by the

provincial council, the other two being drawn from the prefectorial

council. It is the business of the _giunta_ to assist the prefect and

sub-prefects in the supervision of local administration and to serve

as a tribunal for the trial of cases arising under the administrative

law. The prefect and the _giunta_ possess large, and to a considerable

degree, discretionary powers of control over the proceedings of the

council; and the prefect, representing as he does the central government

exclusively, can be called to account only by his superiors at (p. 385)

Rome.

*425. The Commune: Syndic and Council.*--As in France, the commune is

the least artificial and the most vigorous of the local governmental

units. In June, 1911, there were in Italy a total of 8,323 communes,

besides four boroughs in Sardinia not included in the communal

organization. Each commune has a council of from 15 to 80 members,

according to its population, elected for a period of six years,

one-half retiring every three years. The communal franchise is

appreciably broader than the parliamentary. It extends to all Italian

citizens twenty-one years of age who can read and write, provided they

are on the parliamentary list, or pay any direct annual contribution

to the commune, or comply with various other very easy conditions. The

council holds two regular sessions a year, though in the large towns

it, in point of fact, meets much more frequently. Between sittings its

work is carried on by a _giunta_, which serves as a committee to

execute the resolutions of the council and to draft its budget and

by-laws. The powers of the council are comprehensive. It is obligated

to maintain streets, roads, and markets; to provide for elementary

education; to make suitable arrangements for the relief of the poor,

the registration of births and deaths, and of electors; to establish

police regulations and prisons; and, under varying conditions, to

attend to a wide variety of other matters. The range of its optional

activities is almost boundless. The council may establish theatres,

found museums, subsidize public amusements, and, indeed, go to almost

any length in the regulation of local affairs and the expenditure of

local funds.[562]

[Footnote 562: For an arraignment of the

extravagance of the local governing authorities see

King and Okey, Italy To-day, 267.]

As its chief official, every commune has a _sindaco_, i.e., a syndic,

or mayor. Prior to 1896 the syndic was chosen by the communal council

from its own members, if the commune had more than 10,000 inhabitants,

or was the capital of a province or _circondaro_; otherwise he was

appointed from among the members of the council by the king. In the

great majority of communes the procedure was of the second type. Since

1896 the syndic has been chosen regularly in all communes by the

council, for a term of three years, together with a secretary, elected

in the first instance for two, but afterwards for periods of not less

than six, years. Despite the fact that the syndic is now elected

universally by the communal council, his position is not that

exclusively of executive head of the local community. Like the

prefect, he is a government official, who, save under very exceptional

circumstances, may be removed only with the prefect's permission. He

may not be called to account except by his superiors, or sued save (p. 386)

with the permission of the crown.[563]

[Footnote 563: For a brief account of local

government in Italy see King and Okey, Italy

To-day, Chap. 14. More extended treatment will be

found in E. del Guerra, L'Amministrazione pubblica

in Italia (Florence, 1893) and G. Greco, Il nuova

diritto amministrativo Italiano (Naples, 1896).]

CHAPTER XXI (p. 387)

STATE AND CHURCH--POLITICAL PARTIES

I. QUIRINAL AND VATICAN

Italy differs from other nations of importance in containing what is

essentially a state within a state. The capital of the kingdom is

likewise the capital of the Catholic world--the administrative seat of

a government which is not only absolutely independent of the

government of the Italian nation but is in no small degree

antagonistic to it. It need hardly be remarked that the consequences

of this anomalous situation affect profoundly the practical operations

of government, and especially the crystallization and programmes of

political parties, in the peninsula.

*426. Termination of the Temporal Power.*--One goal toward which the

founders of the kingdom directed their efforts was the realization of

the ideal of Cavour, "a free church in a free state." A thoroughgoing

application of this principle proved impracticable, but such progress

has been made toward it as to constitute, for Italy, a veritable

revolution. On the 20th of September, 1870, the armed forces of King

Victor Emmanuel crossed the bounds of the petty papal dominion about

Rome, entered the city, and by a few sharp strokes beat down all

forcible opposition to the sovereignty of the united Italian nation.

Pope Pius IX. refused absolutely to acquiesce in the loss of his

temporal dominion, but he was powerless to prevent it. His sole hope

of indemnity lay in a possible intervention of the Catholic powers in

his behalf--a hope which by Prussia's defeat of France and the

downfall of the Emperor Napoleon III. was rendered extremely

unsubstantial. The possibility of intervention was, however,

sufficiently considerable to occasion real apprehension on the part of

Victor Emmanuel and of those attached to the interests of the young

nation. In part to avert complications abroad, as well as with an

honest purpose to adjust a difficult situation, the Government made

haste to devise what it considered a fair, safe, and honorable

settlement of its relations with the papal authority. The result was

the fundamental statute known as the Law of the Papal Guarantees,

enacted March 21, 1871, after a heated parliamentary contest (p. 388)

lasting upwards of two months, and promulgated under date of May 13

following.[564]

[Footnote 564: Text in Coglio e Malchiodi, Codice

Politico Amministrativo. An English version is

printed in Dodd, Modern Constitutions, II., 16-21.]

*427. The Law of Papal Guarantees, 1871: Papal Prerogatives.*--This

important measure, which remains to this day unchanged, falls into two

principal parts. The first is concerned with the prerogatives of the

Supreme Pontiff and of the Holy See; the second regulates the legal

relations of church and state within the kingdom. In a series of

thirteen articles there is enumerated a sum total of papal privileges

which constitutes the Vatican an essentially sovereign and independent

power. First of all, the Pope is declared sacred and inviolable, and

any offense against his person is made punishable with the same

penalty as a similar offense against the person of the king. In the

second place, the Italian Government "grants to the Supreme Pontiff,

within the kingdom, sovereign honors, and guarantees to him the

pre-eminence customarily accorded to him by Catholic sovereigns."[565]

Diplomatic agents accredited to him, and envoys whom he may send to

foreign states, are entitled to all the prerogatives and immunities

which international law accords to diplomatic agents generally. In

lieu of the revenues which were cut off by the loss of the temporal

dominion there is settled upon the Pope a permanent income to be paid

from the treasury of the state. For the uses of the Holy See--the

preservation and custody of the apostolic palaces, compensation and

pensions for guards and attachés, the keeping of the Vatican museums

and library, and any other needful purposes--there is reserved the sum

of 3,225,000 lire ($645,000) annually, to be "entered in the great

book of the public debt as a perpetual and inalienable income of the

Holy See."[566] The obligation thus assumed by the state may never be

repudiated, nor may the amount stipulated be reduced. Permanent

possession, furthermore, of the Vatican and Lateran palaces, with all

buildings, museums, libraries, gardens, and lands appertaining thereto

(including the church of St. Peter's), together with the villa at

Castel Gandolfo, is expressly guaranteed, and it is stipulated, not

only that these properties shall be exempt from all taxation and

charges and from seizure for public purposes, but that, except with

papal permission, no public official or agent in the performance of

his public duties shall so much as enter the papal palaces or grounds,

or any place where there may be in session at any time a conclave or

ecumenical council. During a vacancy of the pontifical chair no

judicial or political functionary may, on any pretext, invade the (p. 389)

personal liberty of the cardinals, and the Government engages

specifically to see to it that conclaves and ecumenical councils shall

not be molested by external disorder.

[Footnote 565: Art. 3. Dodd, Modern Constitutions,

II., 16.]

[Footnote 566: Art. 4. Ibid., 17.]

*428. Papal Freedom in the Exercise of Spiritual Functions.*--In the

exercises of spiritual functions the independence of the Holy See is

fully secured. The Pope may correspond freely with the bishops and

with "the whole Catholic world," without interference from the

Government.[567] Papers, documents, books, and registers deposited in

pontifical offices or in congregations of an exclusively spiritual

character are exempt from all legal processes of visit, search, or

sequestration, and ecclesiastics may not be called to account by the

civil authorities for taking part officially in the promulgation of

any act pertaining to the spiritual ministry of the Holy See. To

facilitate the administration of papal affairs the right is granted of

maintaining separate postal and telegraph offices, of transmitting

sealed packages of correspondence under the papal stamp, either

directly or through the Italian post, and of sending couriers who,

within the kingdom, are placed on an equal footing with emissaries of

foreign governments.

[Footnote 567: Art. 12. Dodd, Modern Constitutions,

II., 19.]

*429. Legal Relations of Church and State.*--The regulations by which

the relations of church and state are governed more specifically begin

with the abolition of all restrictions upon the right of members of

the Catholic clergy to assemble for ecclesiastical purposes. With

provisional exceptions, the _exequatur_, the _placet_, and all other

forms of civil authorization of spiritual measures are done away.[568]

The state yields its ancient right of nominating to bishoprics, and

the bishops themselves are no longer required to take oath of fidelity

to the king. In matters of spiritual discipline it is stipulated that

there shall be no appeal to the civil courts from the decisions of the

ecclesiastical authorities. If, however, any ecclesiastical decision

or act contravenes a law of the state, subverts public order, or

encroaches upon the rights of individuals, it is, _ipso facto_, of no

effect; and in respect to these things the state is constituted sole

judge. The Church, in short, is granted a very large measure of

freedom and of autonomy; but at the same time it is not so far

privileged as to be removed beyond the pale of the public law. If its

measures constitute offenses, they are subject to the provisions of

the ordinary criminal code.[569]

[Footnote 568: On the Government's use of the

_exequatur_ since 1871 see King and Okey, Italy

To-day, 253.]

[Footnote 569: By act of July 12, 1871, articles

268-270 of the Italian penal code were so modified

as to render ecclesiastics liable to imprisonment

of from six months to five years, and to fines of

from one thousand to three thousand lire, for

spoken or written attacks upon the state, or for

the incitement of disorder.]

*430. Papal Opposition to the Existing System.*--The arrangements (p. 390)

thus comprised in the Law of Guarantees have never received the

sanction of the papacy. They rest exclusively upon the authority of

the state. Pope Pius IX., flatly refusing to accept them, issued, May

15, 1871, an encyclical to the bishops of the Church repudiating the

Law and calling upon Catholic princes everywhere to co-operate in the

restoration of the temporal power. The call was unheeded, and the Pope

fell back upon the obstructionist policy of maintaining absolutely no

relations, with the Italian kingdom. His successor, Leo XIII.,

preserved essentially the same attitude, and, although many times it

has been intimated that the present Pope, Pius X., is more disposed to

a conciliatory policy, it still is true that the only recognition

which is accorded the Quirinal by the Vatican is of a purely passive

and involuntary character. The Pope persists in regarding himself as

"the prisoner of the Vatican." He will not so much as set foot outside

the petty domain which has been assigned to him, because his doing so

might be construed as a virtual recognition of the legality of the

authority of the kingdom within the Eternal City. Not a penny of the

annuity whose payment to the Holy See was stipulated in 1871 has been

touched. By the Italian Government the annuity itself has been made

subject to quinquennial prescription, so that in the event of a

recognition of the Law at any time by the papacy not more than a

five-year quota, with interest, could be collected.

As to the measure of fidelity with which the Government has fulfilled

the obligations which it assumed under the Law, there is, naturally, a

wide divergence of opinion. The authors of what is probably the most

authoritative book on Italy written from a detached and impartial

point of view say that "on the whole, one is bound to conclude that

the Government has stretched the Law of Guarantees in its own

interest, but that the brevity and incompleteness of the Law is

chiefly responsible for the difficulty in construing it."[570]

Undoubtedly it may be affirmed that the spirit of the Law has been

observed with consistency, though the exigencies of temporal interest

have compelled not infrequently the non-observance of the letter. So

long as the Vatican persists in holding rigidly aloof from

co-operation in the arrangement the Law obviously cannot be executed

with the spontaneity and completeness that were intended by its

framers. The situation is unfortunate, alike for state and church, and

subversive of the best interests of the Italian people.[571]

[Footnote 570: King and Okey, Italy To-day, 255.]

[Footnote 571: For a brief discussion of the

subject of church and state in Italy see King and

Okey, Italy To-day, Chaps. 2 and 13. A useful book

is R. de Cesare, Roma e lo stato del papa dal

ritorno di Pio IX., 2 vols. (Rome, 1907), of which

there is an abridged translation by H. Zimmern, The

Last Days of Papal Rome, 1850-1870 (Boston, 1909).

Mention may be made of M. Pernot, La politique de

Pie X. (Paris, 1910); A. Brunialto, Lo stato e la

chiesa in Italia (Turin, 1892); G. Barzellotti,

L'Italia e il papato, in _Nuova Antologia_, March

1, 1904; and F. Nielsen, The History of the Papacy

in the Nineteenth Century (London, 1906).]

II. PARTIES AND MINISTRIES, 1861-1896 (p. 391)

*431. Party Beginnings: the Conservative Ascendancy, 1861-1876.*--In

Italy, as in France, political parties are numerous and their

constituencies and programmes are subject to rapid and bewildering

fluctuation. In the earliest days of the kingdom party lines were not

sharply drawn. In the parliament elected in January, 1861, the

supporters of Cavour numbered 407, while the strength of the

opposition was but 36. After the death of Cavour, however, June 6,

1861, the cleavage which already had begun to mark off the Radicals,

or Left, from the Conservatives, or Right, was accentuated, and the

Left grew rapidly in numbers and in influence. During the period

between 1861 and 1870 the two parties differed principally upon the

question of the completion of Italian unity, the Conservatives

favoring a policy of caution and delay, the Radicals urging that the

issue be forced at the earliest opportunity. With the exception of

brief intervals in 1862 and 1867, when the Radicals, under Rattazzi,

gained the upper hand, the government during the period indicated was

administered by the Conservative ministries of Ricasoli (the successor

of Cavour), Minghetti, La Marmora, Menabrea, and Lanza. Each of the

Rattazzi ministries had as one of its principal incidents an invasion

of the papal territory by Garibaldi, and each fell primarily because

of the fear of the nation that its continuance in power would mean war

with France. The unification of the peninsula was left to be

accomplished by the Conservatives.

After 1870 the dominance of the Conservatives was prolonged to 1876.

The Lanza government, whose most distinguished member was the finance

minister Sella, lasted until July 10, 1873, and the second ministry of

Minghetti, given distinction by the able foreign minister

Visconti-Venosta, filled out the period to March 18, 1876. Upon these

two ministries devolved the enormous task of organizing more fully the

governmental system of the kingdom, and especially of bringing order

out of chaos in the national finances. The work was effectively

performed, but when it had been completed the nation was more than

ready to drive the Conservatives from office. The Conservative

administration had been honest and efficient, but it had been rigid

and at times harsh. It had set itself squarely against the democracy

of Garibaldi, Crispi, and Depretis; it had sought to retain the (p. 392)

important offices of state in the hands of its own immediate

adherents; and in the execution of its fiscal measures it had been

exacting, and even ruthless. March 18, 1876, the Minghetti government

found itself lacking a majority in the Chamber, whereupon it retired

and was replaced by a Radical ministry under the premiership of

Depretis, successor of Rattazzi in the leadership of the Left. A

national election which followed, in November, yielded the new

Government the overwhelming parliamentary majority of 421 to 87.

*432. The Rule of the Radicals, 1876-1896.*--Prior to their accession to

power the Radical leaders had criticised so sharply the fiscal and

administrative policies of their opponents that they were expected by

many persons to overturn completely the existing order of the state.

As all but invariably happens under such circumstances, however, when

the "outs" became the "ins" their point of view, and consequently

their purposes, underwent a remarkable transformation. In almost every

essential the policies, and even the methods, of the Conservatives

were perpetuated, and the importance of the political overturn of 1876

arises, not from any shift which took place from one style of

government to another, but from its effects upon the composition and

alignment of the parties themselves. During its fifteen-year

ascendancy the Right had exhibited again and again a glaring lack of

coherence; yet its unity was in reality considerably more substantial

than was that of the Left. So long as the Radicals occupied the

position of opponents of the Government they were able, indeed, to

present a seemingly solid front. But when it fell to them to organize

ministries, to frame and enact measures, and to conduct the

administration, the fact appeared instantly that they had neither a

constructive programme nor a unified leadership. The upshot was that

upon its advent to power the Left promptly fell apart into the several

groups of which it was composed, and never thereafter was there

substantial co-operation among these groups, save at rare intervals

when co-operation was necessary to prevent the return to office of the

Conservatives.

*433. The Depretis Ministries, 1876-1887.*--That portion of the party

which first acquired ascendancy was the more moderate, under the

leadership of Depretis. Its programme may be said to have embraced the

extension of the franchise, the enforcement of the rights of the state

in relation to the Church, the incompatibility of a parliamentary

mandate with the holding of public office, the maintenance of the

military and naval policy instituted by the Conservatives, and,

eventually, fiscal reform, though the amelioration of taxation was

given no such prominence as the nation had been led to expect. (p. 393)

Save for the brief intervals occupied by the two Cairoli ministries of

1878 and 1879-1881, Depretis continued in the office of premier from

1876 until his death, in the summer of 1887. Again and again during

this period the personnel of the ministry was changed. Ministers who

made themselves unpopular were replaced by new ones,[572] and so

complete became the lack of dividing principles between the parties

that in 1883 there was established a Depretis cabinet which

represented a coalition of the moderate Left and the Right.[573] The

coalition, however, proved ill-advised, and when, July 27, 1887,

Depretis died he left behind him a government which represented rather

a fusion of the moderate and radical wings of the Left. By reason of

the disintegrated condition of parties Depretis had been able to

override habitually the fundamental principles of parliamentarism and

to maintain through many years a government which lived from hand to

mouth on petty manoeuvers. The franchise, it is true, had been

broadened by the law of 1882, and some of the more odious taxes, e.g.,

the much complained of grist tax, had been abolished. But electoral

corruption had been condoned, if not encouraged; the civil service had

been degraded to a mere machine of the ministerial majority; and the

nation had been led to embark upon highly questionable policies of

colonial expansion, alliance with Germany and Austria, and protective

tariffs.

[Footnote 572: This partial renewal of a ministry,

known in Italy as a _rimpasto_, was, and still is,

rendered easy by the average ministry's lack of

political solidarity.]

[Footnote 573: This coalition policy--the so-called

_transformismo_--did not originate with Depretis.

As early as 1873 a portion of the Right under

Minghetti, by joining the Left, had overturned the

Lanza-Sella cabinet; and in 1876 Minghetti himself

had fallen a victim to a similar defection of

Conservative deputies.]

*434. The First Crispi, First Rudini, and First Giolitti Ministries,

1887-1893.*--The successor of Depretis was Crispi, in reality the only

man of first-rate statesmanship in the ranks of the Left. To him it

fell to tide the nation safely over the crises attendant upon the

death (January 9, 1878) of King Victor Emmanuel II. and that (February

7 following) of Pope Pius IX. The personality of Crispi was very much

more forceful than was that of Depretis and the grasp which he secured

upon the political situation rendered his position little short of

that of a dictator. The elections of 1876 had reduced to impotence the

old Right as a party of opposition, and although prior to Crispi's

ministry there had been some recovery, the Left continued in all but

uncontested power. In the elections of November, 1890, the Government

was accorded an overwhelming majority. None the less, largely by

reason of his uncontrollable temper, Crispi allowed himself, at the

end of January, 1891, to be forced by the Conservatives into a (p. 394)

position such that the only course open to him was to resign.

There followed a transitional period during which the chaos of party

groups was made more than ever apparent. The Rudini ministry, composed

of representatives of both the Right and the Left, survived little

more than a year. May 5, 1892, the formation of a ministry was

intrusted by King Humbert to Giolitti, a Piedmontese deputy and at one

time minister of finance in the Crispi cabinet. The product was a

ministry supported by the groups of the Centre and the Left, but

opposed by those of the Right and of the Extreme Left. Parliament was

dissolved and during the ensuing November were held national elections

in which, by exercise of the grossest sort of official pressure, the

Government was able to win a substantial victory. The period covered

by Giolitti's ministry--marked by a cringing foreign policy, an almost

utter breakdown of the national finances, and the scandals of 1893 in

connection with the management of state banks, especially the Banca

Romana--may well be regarded as the most unfortunate in Italian

history since the completion of national unity. The revelations made,

November 23, 1893, by a committee appointed by Parliament to

investigate the bank scandals were of such a character that the

Giolitti ministry retired from office, November 24, without so much as

challenging a vote of confidence. After prolonged delay a new ministry

was made up, December 10, by Crispi, whose return to power was

dictated by the conviction of the nation that no one else was

qualified to deal with a situation so desperate.

*435. The Second Crispi Ministry, 1893-1896.*--The second Crispi

ministry extended from December, 1893, to March, 1896. Politically,

the period was one of extreme unsettlement. Supported by the Centre

and the Left, substantially as Giolitti had been, the Government

suppressed disorder, effected economies, and entered upon an ambitious

attempt at colonial aggrandizement in East Africa. But it was opposed

by the Extreme Left, a large portion of the Right, and the adherents

of Giolitti, so that its position was always precarious. In December,

1894, Giolitti produced papers purporting to show that Crispi himself

had been implicated in the bank irregularities. The effort to bring

about the premier's fall failed, although there ensued a veritable war

between the cabinet and the chambers, in the course of which even the

appearance of parliamentary government was abandoned. In the elections

of May, 1895, the Government was victorious, and it was only by reason

of public indignation arising from the failure of the Eritrean

enterprise that, finally, March 5, 1896, Crispi and his colleagues

surrendered office.

III. THE ERA OF COMPOSITE MINISTRIES, 1896-1912 (p. 395)

During the period which was terminated by the retirement of Crispi the

successive ministries, while occasionally including representatives of

more than a single political group, exhibited normally a considerable

degree of solidarity. After 1896 there set in, however, an epoch

during which the growing multiplicity of parties bore fruit in

cabinets of amazingly composite character. In the place of the fairly

substantial Conservative and Radical parties of the seventies stood

now upwards of half a score of contending factions, some durable, some

but transitory. No government could survive a month save by the

support of an affiliation of a number of these groups. But such

affiliations were, in the nature of things, artificial and

provisional, and ministerial stability became what it remains to-day,

a thing universally desired but rarely enjoyed.

*436. The Second Rudini and the Pelloux Ministries, 1896-1900.*--To

General Ricotti-Magnani was committed, at Crispi's fall in 1896, the

task of forming a new ministry. After some delay the premiership was

bestowed upon Rudini, now leader of the Right. The new Government,

constructed to attract the support of both the Right and the Extreme

Left, took as its principal object the elimination of Crispi from the

arena of politics. In time its foreign policy was strengthened

appreciably by the return of Visconti-Venosta, after twenty years, to

the foreign office, but home affairs were administered in a grossly

inefficient manner. Bound by a secret understanding with Cavalotti,

the leader of the Extreme Left, Rudini was obliged to submit

habitually to radical dictation, and the elections of 1899, conducted

specifically to crush the adherents of Crispi, threw open yet wider

the door of opportunity for the Socialists, the Republicans, and the

radical elements generally. The Rudini ministry survived until June

18, 1898, when it was overthrown in consequence of riots occasioned in

southern Italy by a rise in the price of bread.

June 29, 1898, a ministry was made up by General Pelloux which was

essentially colorless politically and whose immediate programme

consisted solely in the passage of a public safety measure originated

during the preceding ministry. When, in June, 1900, the Government

dissolved parliament and appealed to the country the result was

another appreciable increase of power on the part of the radicals. In

the new chamber the extremists--Radicals, Republicans, and

Socialists--numbered nearly 100, or double their former strength. The

Pelloux government forthwith retired, and a Liberal ministry was

constituted (June 24, 1900) under Saracco, president of the (p. 396)

Senate. Five weeks later, upon the assassination of King Humbert,

occurred the accession of the present sovereign, Victor Emmanuel III.

*437. The Saracco and Zanardelli Ministries, 1900-1903.*--The Saracco

ministry, formed as a cabinet of pacification, was overthrown February

7, 1901, in consequence of its hesitating attitude towards a dock

strike at Genoa. It was succeeded by a ministry containing Giolitti

(in the portfolio of the interior) and presided over by Zanardelli,

long a leader of the extremer wing of the Radicals. The members of the

new Government were drawn from several groups. Three were of

Zanardelli's following, three were adherents of Giolitti, three

belonged to the Right, one was a Crispian, and two were Independents.

Such was their forced reliance, however, upon the support of the

Extreme Left that the formation of this cabinet served as an impetus

to a notable advance on the part of the extremer groups, especially

the Socialists.

*438. Giolitti, Fortis, and Sonnino, 1903-1909.*--In October, 1903,

Premier Zanardelli retired, by reason of ill-health, and the cabinet

was reconstituted under Giolitti. Aside from the premier, its most

distinguished members were Tittoni, minister of foreign affairs, and

Luzzatti, minister of finance. The position of the new Government was

insecure, and although the elections of November, 1904, resulted in

the return of a substantial ministerial majority, the cabinet,

realizing that it really lacked the support of the country, resigned

in March, 1905. A new and colorless ministry, that of Fortis, lasted

less than a year, i.e., until February 2, 1906. The coalition cabinet

of Sonnino proved even less long-lived. The well-known statesmanship

of Sonnino, together with the fact that men of ability, such as

Luzzatti and Guicciardini, were placed in charge of various

portfolios, afforded ground for the hope that there might ensue an

increased measure of parliamentary stability. But the hope was vain

and, May 17, 1906, the ministry abandoned office. Curiously enough,

the much desired stability was realized under a new Giolitti

government, composed, as all Italian governments in these days must

be, of representatives of a number of political groups. In part by

reason of the shrewdness of the premier and his colleagues, in part by

reason of sheer circumstance, the Giolitti cabinet maintained steadily

its position until December 2, 1909, although, as need hardly be

observed, during these three and a half years there were numerous

changes in the tenure of individual portfolios.

*439. Second Sonnino and Luzzatti Ministries, 1909-1911.*--Upon the

retirement of Giolitti there was constituted a second Sonnino

ministry, composed of elements drawn from all of the moderate groups

from the Liberal Right to the Democratic Left. The programme which it

announced included electoral reform, the improvement of primary (p. 397)

education, measures for the encouragement of agriculture,

reorganization of local taxation, reduction of the period of military

service to two years, and a multiplicity of other ambitious projects.

Scarcely more fortunate, however, was the second Sonnino government

than had been the first, and, in the midst of the turmoil attending

the debates upon a Shipping Conventions bill, the premier and his

colleagues felt themselves forced to retire, March 21, 1910.

Giolitti refused to attempt the formation of another ministry, and the

task devolved upon the former minister of finance, Luzzatti. In the

new cabinet the premier and one other member represented the Liberal

element of the Right; one member represented the Centre; three were

adherents of Giolitti; two were Radicals; one was a Socialist; and two

professed independence of all groups. Whatever of advantage might be

supposed to accrue from a government which was broadly representative

could legitimately be expected from this combination; although the

composite character of the ministry, it was well enough understood,

must of necessity operate to the detriment of the Government's unity

and influence. The programme which the Luzzatti ministry announced was

no less ambitious than that put forward by its predecessor. Included

in it were the establishment of proportional representation, the

extension of the suffrage, measures to remedy unemployment and other

industrial ills, compulsory insurance for agricultural laborers,

resistance to clerical intrigue and the prevention of anti-clerical

provocations, and the usual pledge to maintain the Triple Alliance.

*440. Giolitti and the Left, 1911-.*--The life of the Luzzatti

government covered barely a twelvemonth. March 29, 1911, Giolitti

returned to the premiership, signalizing his restoration to power by

avowing in the Chamber a programme of policies which, for the time at

least, elicited the support of all of the more important party groups.

The composition of the new government differed but slightly from that

of the former one, but the fact was undisguised that Giolitti relied

for support principally upon the more radical elements of the nation,

and that, furthermore, he did so with the full assent of the king. A

striking evidence of this was the invitation which was extended the

socialist leader Bissolati to assume a post in the ministry. Certain

obstacles arose which prevented acceptance of the offered position,

but when the Government's programme was being given shape Bissolati

was called repeatedly into counsel, and it is understood that the

ministry's pronouncement in behalf of universal suffrage and the

reduction of military and naval expenditures was inspired immediately

by socialist influence. Socialism in Italy, it may be observed, is not

entirely anti-monarchical, as it is in France and Spain; on the (p. 398)

contrary, it tends constantly to subordinate political to social

questions and ends. Bissolati is himself an exponent of the

evolutionary type of socialism, as is Briand in France. The first vote

of confidence accorded the Giolitti government was participated in by

the Giolitti Liberals, the Democratic Left, the Radicals, and a

section of the Socialists--by, in short, a general coalition of the

Left. The shift of political gravity toward the Left, of which the

vote was symptomatic, is the most fundamental aspect of the political

situation in Italy to-day, even as it is in that of France. During

more than a generation the grouping of parties and factions has been

such as to preclude the formation of a compact and disciplined

majority able and willing to grapple with the great social questions

which successive ministries have inscribed in their programmes. But it

seems not impossible that a working _entente_ among the groups of the

Left may in time produce the legislative stability requisite for

systematic and fruitful legislation.

IV. PHASES OF PARTY POLITICS

*441. Lack of a Conservative Party: Effects.*--"From the beginning,"

says an Italian writer, "the constitution of our parties has been

determined, not at all by great historical or political

considerations, but by considerations of a purely personal nature, and

this aspect has been accentuated more and more as we have progressed

in constitutional development. The natural conditions surrounding the

birth and growth of the new nation did not permit the formation of a

true conservative party which could stand in opposition to a liberal

party. The liberal party, therefore, occupying the entire field,

divided empirically into groups, denominated not less empirically

Right and Left, in accordance with simple distinctions of degrees and

forms, and perchance also of personal disposition."[574]

[Footnote 574: Cardon, Del governo nella monarchia

costituzionale, 125.]

The preponderating facts, in short, relative to political parties in

Italy are two: (1) the absence of any genuine conservative party such

as in virtually every other European state plays a rôle of greater or

lesser importance, and (2) the splitting of the liberal forces, which

elsewhere are bound to co-operate against the conservatives, into a

number of factional groups, dominated largely by factional leaders,

and unwilling to unite save in occasional coalitions for momentary

advantage. The lack of a genuine conservative party is to be explained

largely by the anomalous situation which has existed since 1870 in

respect to church and state. Until late years that important element,

the clericals, which normally would have constituted, as does its

counterpart in France, the backbone of a conservative party has (p. 399)

persisted in the purely passive policy of abstention from national

politics. In the evolution of party groupings it has had no part, and

in Parliament it has been totally unrepresented. Until recently all

active party groups were essentially "liberal," and rarely did any one

of them put forward a programme which served to impart to it any vital

distinction from its rivals. Each was little more than a faction,

united by personal ties, fluctuating in membership and in leadership,

fighting with such means as for the moment appeared dependable for the

perquisites of office. Of broadly national political issues there were

none, just as indeed there were no truly national parties.

*442. The Groups of the Extreme Left.*--More recently there has begun to

be a certain development in the direction of national parties and of

stable party programmes. This is coming about primarily through the

growth of the Extreme Left, and especially of the Socialists. Although

the effects are as yet scarcely perceptible, so that the politics of

the country exhibit still all of the changeableness, ineffectiveness,

and chaos characteristic of the group system, the development of the

_partiti populari_ which compose collectively the Extreme Left, i.e.,

the Republicans, the Radicals, and the Socialists, is an interesting

political phenomenon.[575] The Republicans are not numerous or well

organized. Quite impotent between 1870 and 1890, they gained no little

ground during the struggle against Crispi; but the rise of socialism

has weakened them, and the party may now be said to be distinctly in

decline. To employ the expressive phrase of the Italians, the

Republicans are but _quattro noci in un sacco_, four nuts rattling in

a bag. The Radicals are stronger, and their outlook is much more

promising. They are monarchists who are dissatisfied with the

misgovernment of the older parties, but who distrust socialism. They

draw especially from the artisans and lower middle class, and are

strongest in Lombardy, Venetia, and Tuscany.

[Footnote 575: For an exposition of party

conditions during the past decade see A. Labrioli,

Storia di dieci anni, 1899-1909 (Milan, 1910).]

The Governments of Europe · 第 17 / 24 章