ITALY

Under the control of the first Napoleon Italy for the first time assumed a compact political organization. Piedmont, Genoa, Parma, Tuscany, and part of the Papal States were annexed to France; Lombardy, Venetia, Modena, Romagna, and the Marches formed the kingdom of Italy with Eugène Beauharnais as viceroy; Naples was a dependent kingdom under Murat; the island territories of Sicily and Sardinia alone remained free from French influence. With the fall of Napoleon the first kingdom of Italy came to an end; Murat by his support of Napoleon in 1815 forfeited the kingdom of Naples; the French boundaries were limited so as to exclude the Italian conquests.

The principle of legitimacy was the basis upon which Italy was reorganized by the Congress of Vienna; the Bourbons returned to Naples, the House of Savoy to Piedmont; Parma, Modena, and Lucca were restored to royal rulers; the Papal States were returned to the pope; the two republics of Genoa and Venetia were suppressed; Genoa went to Piedmont to strengthen that state against French aggression; Lombardy was restored to Austria, which also gained Venetia. Piedmont alone among the purely Italian states was strengthened by the work of the Congress of Vienna. Through the possession of a large part of Italy, with Austrian houses ruling in Tuscany, Modena, and Parma, and through a secret treaty with Naples, Austria became practically the master of Italy and remained so until expelled by the combined forces of France and Sardinia in 1859.

With the restoration of the monarchs almost all traces of French reforms in Italy disappeared and as far as possible the prerevolutionary principles of government were re-established. All political activity was now forbidden; but liberal sentiments and aspirations for national unity had taken hold of the people and were fostered in the universities, by scientific gatherings, and in the secret organization of the Carbonari. Italian literature of the period 1815-48 took on a patriotic character, though most of the political writing was done by Italian exiles in foreign countries.

The first fruits of the liberal agitation were the revolutions of 1820 and 1821 in Naples and Piedmont; in Naples the Spanish constitution of 1812 was proclaimed; in Piedmont the same constitution was granted but withdrawn; both movements were suppressed with the aid of Austrian troops. A similar fate befell the revolutions which broke out in 1831 in the Estates of the Church, Parma, and Modena. From 1831 to 1848 several unsuccessful uprisings occurred; but the revolutionary propaganda was actively carried on and the ground was being prepared for a larger movement.

The liberal movement gained force through the election of a liberal pope in 1846; the pope committed himself to a reform of the government of the Papal States. Charles Albert of Sardinia showed himself in sympathy with the national feeling against Austria; the revolution broke out first in Naples and Sicily. Within the early months of 1848 four constitutions were granted: that of the Two Sicilies, on February 10; the Tuscan constitution on February 15; the constitution of Sardinia, on March 4; the constitution of the Temporal Power, on March 14. The Sicilian constitution of July 10, 1848, and that of the Roman Republic, of February 9, 1849, marked the more advanced stages. of the revolutions in Rome and Sicily.

All Italy for a time united in the national movement; the pope and the king of Naples were forced to send troops to aid in the liberation of Italy from Austrian despotism; Charles Albert of Sardinia at last put himself at the head of the national movement; but the Italian forces were unorganized; the pope and Naples withdrew from the movement at the first opportunity; the defeats of Custozza and Novara showed the hopelessness of further struggle. Sardinia itself lost nothing by the defeat, and its new king, Victor Emmanuel, by remaining faithful to the constitution of 1848 provided the one constitutional state about which might center later efforts toward Italian unity. Throughout the rest of Italy the reaction carried away everything of liberal reforms, and brought with it the proscription of all who had taken part in the liberal movements.

The wars of 1848-49 failed because of deficient organization. The kingdom of Sardinia as the only possible leader in future

movements immediately began to organize for the coming conflict, and soon there came to the head of affairs Cavour, who was destined to take the leading part in uniting Italy. When Sardinia again faced Austria it was not alone and unprepared, but with a well-drilled army and with the alliance of France.

The war of 1859 gave only Lombardy to Sardinia, to compensate for the loss of Nice and Savoy which were the price paid for French support, but it set in motion a movement which went far toward creating a united Italy. Tuscany, Parma, Modena, and the Romagna rose, expelled their rulers, and by plebiscites declared for union with Sardinia; their union with this state was effected by decrees of March 18 and 22, 1860. Assisted by Garibaldi Sicily and Naples drove out their Bourbon ruler, and were united with Sardinia on December 17, 1860. Umbria and the Marches, conquered from the pope by Sardinian arms, were united with the Italian state on December 17, 1860. Venetia was added in 1866 as a result of Italy's alliance with Prussia against Austria; Rome was occupied when the French soldiers were called home in 1870.

The Sardinian constitution of 1848 had step by step been extended over the whole of Italy; the kingdom of Italy was formally constituted in 1861. The Sardinian constitution contains no provision for amendment, and its text remains unchanged. The principle has gained acceptance that it may be altered by the regular legislative processes; so it is that the constitution, though the most important instrument of government, does not fully represent the present constitutional organization of Italy. Aside from the constitution perhaps the most important law is that regulating the relations of the Italian government to the Holy See; the pope has, however, consistently refused to recognize this law or to receive the subsidy provided by it.

SELECT BIBLIOGRAPHY

ITALY. Codice politico amministrativo. (6th ed., Firenze, 1907. Manuali Barbèra.) A collection of all laws, ordinances, and regulations concerning the Italian government and public administration.

1 See Ruiz, Annals of the American Academy of Political and Social Science, VI, 227.

KING, BOLTON. A History of Italian Unity. (London, 1899. 2 vols.) The best history of the Italian national movement. There are also briefer accounts in English by Countess Martinengo Cesaresco and by Stillman.

ARANGIO RUIZ, GAETANO. Storia costituzionale del regno di Italia, 1848– 1898. (Firenze, 1898.) The best work for the period covered. KING, BOLTON AND OKEY, THOMAS. Italy To-day. (London, 1901.) An excellent account of the present political and social condition of Italy.

BRUSA, E. Das Staatsrecht des Königreichs Italien. (Freiburg, 1892. Handbuch des oeffentlichen Rechts.) An excellent study of Italian constitutional law.

DEL GUERRA, ENRICO. L'Amministrazione pubblica in Italia. (Firenze, 1893.) A convenient guide to the administrative organization of Italy. GRECO, GENNARO. Il nuovo diritto amministrativo Italiano. Parte speciale. Vol. I. (Napoli, 1896.) A brief outline of the central and local administrative organization.

MEUCCI, LORENZO. Istituzioni di diritto amministrativo. (4th ed., Torino, 1898.) A discussion of legal principles rather than of the actual administrative organization.

CARNAZZA, GABRIELLO. Il diritto costituzionale Italiano. (Catania, 1886.) ORLANDO, V. E. Principes de droit public et constitutionnel. (Paris, 1902.) French translation of an Italian work, which, though general in character, devotes much of its attention to Italy.

BRUNIALTI, ATTILIO. Il diritto costituzionale e la politica nelle scienza e nelle istituzioni. (Torino, 1896-1900. 2 vols.) A general work which devotes much attention to Italy. BRUNIALTI, ATTILIO. Lo Stato e la chiesa in Italia. (Torino, 1892.) A rather extensive treatise issued as the preface to Vol. VIII of the Biblioteca di Scienze Politiche. Scaduto is regarded as the leading authority upon the relations of church and state in modern Italy, but the editor has not been able to examine his works.

Mosca, GAETANO. Appunti di diritto costituzionale. brief summary of Italian constitutional law.

(Milan, 1908.) A