Wanderings in Corsica: Its History and Its Heroes. Vol. 1 of 2

by Ferdinand Gregorovius

As the basis of his constitution, Paoli adopted the old popular arrangements of the Terra del Commune, with its Communes, Pieves, Podestàs, and Fathers of Communities.

All citizens above the age of twenty-five had a vote in the election of a member for the General Assembly (consulta). They met under the presidency of the Podestà of the place, and gave an oath that they would only elect such men as they held worthiest.

Every thousand of the population sent a representative to the Consulta. The sovereign power was vested in the Consulta in the name of the people. It was composed of the deputies of the Communes, and clergy; the magistrates of each province also sent their president as deputy. The Consulta imposed taxes, decided on peace or war, and enacted the laws. A majority of two-thirds was required to give a measure legal force.

The Consulta nominated from among its own numbers the Supreme Council (consiglio supremo)—a body of nine men, answering to the nine free provinces of Corsica—Nebbio, Casinca, Balagna, Campoloro, Orezza, Ornano, Rogna, Vico, and Cinarca. In the Supreme Council was vested the executive power; it summoned the Consulta, represented it in foreign affairs, regulated public works, and watched in general over the security of the country. In cases of unusual importance it was the last appeal, and was privileged to interpose a veto on the resolutions of the Consulta till the matter in question had been reconsidered. Its president was the General of the nation, who could do nothing without the approval of this council.

Both powers, however—the council as well as the president—were responsible to the people, or their representatives, and could be deposed and punished by a decree of the nation. The members of the Supreme Council held office for one year; they were required to be above thirty-five years of age, and to have previously been representatives of the magistracy of a province.

The Consulta also elected the five syndics, or censors. The duty of the Syndicate was to travel through the provinces, and hear appeals against the general or the judicial administration of any particular district; its sentence was final, and could not be reversed by the General. The General named persons to fill the public offices, and the collectors of taxes, all of whom were subject to the censorship of the Syndicate.

Justice was administered as follows:—Each Podestà could decide in cases not exceeding the value of ten livres. In conjunction with the Fathers of the Community, he could determine causes to the value of thirty livres. Cases involving more than thirty livres were tried before the tribunal of the province, where the court consisted of a president and two assessors named by the Consulta, and of a fiscal named by the Supreme Council. This tribunal was renewed every year.

An appeal lay from it to the Rota Civile, the highest court of justice, consisting of three doctors of laws, who held office for life. The same courts administered criminal justice, assisted always by a jury consisting of six fathers of families, who decided on the merits of the case from the evidence furnished by the witnesses, and pronounced a verdict of guilty or not guilty.

The members of the supreme council, of the Syndicate, and of the provincial tribunals, could only be re-elected after a lapse of two years. The Podestàs and Fathers of the Communities were elected annually by the citizens of their locality above twenty-five years of age.

In cases of emergency, when revolt and tumult had broken out in some part of the island, the General could send a temporary dictatorial court into the quarter, called the War Giunta (giunta di osservazione o di guerra), consisting of three or more members, with one of the supreme councillors at their head. Invested with unlimited authority to adopt whatever measures seemed necessary, and to punish instantaneously, this swiftly-acting "court of high commission" could not fail to strike terror into the discontented and evil-disposed; the people gave it the name of the Giustizia Paolina. Having fulfilled its mission, it rendered an account of its proceedings to the Censors.