The Governments of Europe

by Frederic Austin Ogg

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 with the permission of the crown.[563]

CHAPTER XXI

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 lasting upwards of two months, and promulgated under date of May 13 following.[564]

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 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.

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.

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]

430. Papal Opposition to the Existing System.—The arrangements 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.