History LA COSTITUZIONE ROMANA DEL 1849
Il 15 novembre 1848 l'uccisione di Pellegrino Rossi poneva fine all'esperimento del Papato costituzionale, esperimento che in verità era stato fin dall'inizio messo in crisi dalle contraddizioni insormontabili proprie di ui sistema che aveva al suo vertice un principe, Pio IX che era al contempo capo supremo ed assoluto della Chiesa cattolica, ed anzi soltanto in quanto tale er, anche sovrano degli stati pontifici.
Il giorno successivo Pio IX cedendo alla pressione delle manifestazioni popolari che si erano fatte minacciose, nominava un ministero presieduto da monsignor Muzzarelli e composto d'uomini graditi al popolo, fra i quali spiccavano Mamiani, Galletti e Sterbini. Ma il Pontefice riteneva di non essere più libero e, cedendo a diverse suggestioni e pressioni, fuggiva da Roma rifugiandosi a Gaeta sotto la protezione di Ferdinando II, re delle due Sicilie.
La giunta provvisoria
Alla fuga di Pio IX seguiva un periodo convulso di incertezze e di trattative che si concludeva il 12 dicembre con un decreto del Consiglio dei mini stri col quale, in esecuzione delle deliberazioni del Consiglio dei deputati i dell'Alto consiglio, was formed a "provisional and supreme council of state" composed of three persons.
"The City Council will exercise all the relevant offices of the Chief Executive under the terms of the Statute."
were elected members of the junta Tommaso Corsini, Senator of Rome, Filippo Camerata, standard-bearer of Ancona and Giuseppe Galletti, the latter in place of Gary Zucchini, senator of Bologna, who had riflutato office.
The junta was addressed to the people of Rome were a proclamation in which, inter alia, stated that "to take office as a provisional viewer and temporary basis until a Constituent Assembly in the Roman States has acted around the new order political. "
On December 26 a report from the Council of Ministers im proving the capability to be of two councils for lack of quorum increased absenteeism and many moderates had resigned-decreed the closing session of the two deliberative councils.
This closure amounted to a termination: Dec. 29 the two surviving members of the council of state, and Camerata Galletti Corsini had resigned in the face of fulminate excommunication by Pius IX only to ministers Muzzarelli, Annellini, Galeotti.
The National Assembly of the Roman people (...)
The members of the junta decreed: "Considering that the danger of a division between the provinces, or a social dissolution, the Supreme legge della salute pubblica comanda di convocare la Nazione, affinché col mezzo di una fedele e universale rappresentanza, munita di tutti i poteri, manifesti la sua volontà (...):
art. 1 È convocata in Roma un'assemblea nazionale, che con pieni poteri rappresenti lo Stato Romano (...);
art. 3 I collegi elettorali sono convocati il 21 gennaio prossimo (...);
art. 7 Il suffragio sarà diretto, e universale (...)
art. 8 Sono elettori tutti i cittadini dello Stato di anni 21 compiti (...);
art. 9 Sono eleggibili tutti i medesimi se giungono all'età di 25 anni compiti”.
Vi è già qui, quanto meno abbozzato, il principio della sovranità popolare exercised by the representatives elected by universal suffrage. It is for Italy the most forward position never hitherto achieved. The Assembly was elected with a good turnout at around 250,000 voters despite the objective difficulties, especially the backwardness of the rural populace, the opposition of the vast majority of the clergy and the papal excommunication.
The Assembly provided in 200 members, but the top 179 were the representatives, not having been able to vote for the two deputies of the province of Benevento occupied by the Bourbons, and since some were multiple elections, which will result later, after the options to-elections met as set out Feb. 5 in the building of the Chancellery.
The Assembly listened to the speech of the Republican and footprint of the Minister of Home Armellini Mazzini, proceeded to the validation of the elect, elected its chairman at the Galletti and declared as "regularly constituted by virtue of his popular mandate, to recognize itself the same fullness of sovereign powers. "
stages of discussion
February 8, began the debate on the form of government. It was overwhelmingly rejected a proposal Mamiani Audinot-tended that, without prejudice to the constitutional question of the Papacy, close alliance with Piedmont and replace the essential decisions of the Italian Constituent Assembly. The debate lasted
until one o'clock in the morning and end with 120 votes out of 142 voters had approved a decree of four articles entitled undergone fundamental decree.
The text came from a proposal, as amended and reduced Filopanti Quirico.
With art. 1 was proclaimed the end of the temporal power of the papacy; art. 2 secured to the Pope "all the guarantees necessary for the independent exercise of his spiritual power" by Art. 3 is taken as a form of government "pure democracy" and as "glorious" Republic of Roman art. 4 reflects the principle of nationality as a common rule of relationships "with the rest of Italy."
The decree, which are not can escape the revolutionary, it was really important. It was the premise and foundation of subsequent developments in the life of the republic, and its rulings taken moves activity Constituent Assembly. Let's see now - not detain us here for other events - such were the stages and processes that characterize the work strictly Constituent Assembly. It should be recalled to explain
only apparent delays and postponements that the commitments of the Assembly were manifold: it had to be postponed not only deal with ordinary legislation and reforms of urgent and difficult financial measures: in fact, the Assembly also had real responsibility of government, since The Executive Committee acted as a delegate of the Assembly, and even when he was elected a triumvirate with full powers, the Assembly continued to legislate and intervene directly in military matters and negotiations with de Lesseps, in the defense against the French intervention . At the sitting of 12 February, the deputy Corrado Politi, count, captain, born in Recanati and representing the province of Macerata proposed to elect a commission to draw up a draft constitution.
After brief discussion it was agreed that Commissioners should be elected by an absolute majority in number nine, and that members of the executive and the ministers could hunger part. In the next session were elected in the first vote, Cesare Agostini, Jupiter and Lazzarini Carlo Emanuele Muzzarelli, in the second vote Sturbinetti Francesco, Carlo Armellini Carlo Rusconi, Aurelio Saffi, Charles Joseph Bonaparte and Galletti. Of
was elected a member of the Executive Committee (Armellini), a chairman of the Assembly (Galletti) and four ministers (Lazzarini, Muzzarelli, Rusconi and Saffi). The election of Mazzini
Given this composition is understandable that the committee could meet and work virtually. Consequently, at its meeting on March 3, shall be notified of the surrender of the four ministers, the congregation replaced them immediately eligible in the first vote Giuseppe Mazzini. Joseph Gabussi. Philip Senesi e in seconda votazione Enrico Cernuschi.
Finalmente nella seduta del 13 marzo è comunicata la rinuncia di Armellini e la Commissione viene completata con l'elezione di Luigi Caroli.
È da notare altresì che i commissari, a eccezione di Bonaparte, naturalista, erano tutti avvocati, o avevano compiuto studi di diritto come Agostini, o comunque laureati in giurisprudenza come il Cernuschi e lo stesso Mazzini.
Così ricomposta, la Commissione portò avanti i propri lavori, anche se è da credere che non tutti i suoi membri potessero impegnarsi, non certo almeno Mazzini eletto triunviro il 29 marzo su cui gravavano le maggiori responsabilità responsabilità di governo e del resto contrario all'adozione a constitution made to the Roman Republic. Unfortunately there are no known records of the committee's work. The
Gabussi member of the Commission to serve in his memoirs of the revolution in the history of the Roman States (Genoa, 1851-52) makes no mention. It was urged to submit without delay the project at the sitting of the House on April 5.
in the last meeting on 17 April Cesare Agostini, invited to the forum, read the report and submitted the draft approved by the Commission entitled "Report on the formation of the Constitution." The project consisted of eight paragraphs of the fundamental principles listed with Roman numerals and 83 items of which the last three were transitional provisions.
The project is characterized by a high rate of direct election by universal suffrage, provided not only for the House, but also for the executive (the consuls) and the tribune, the judiciary to control and assurance.
This new creation was the second speaker Agostini "not protected by authorities such as Varuna in modern constitutions, but sufficiently protected by the authority of reason." With a clear suggestion of ancient Rome is also provided for the decree of the dictatorship when the country is declared endangered. A revolutionary project
Overall, the project has an innovative and revolutionary character, is separated from the experience order applied in the first month of the republic and of course also affected by Mazzini. The rapporteur Cesare Agostini has probably the greatest contribution in the elaboration of the text. Agostini was born in Foligno, who was elected to the Constituent Assembly for the "Comarca" (the province of Rome, Rome itself excluded) active in the folk clubs, in the contemporary journalist, was one of the most loyal and active representatives in the conference, after the fall Republic followed Mazzini in exile in London, but dissociated himself from him after the riots in Milan in 1853, and died in London in 1854. After the report, the disposed president of printing and sending to the sections.
the sitting of April 20 the deputy proposed Pinci the adoption of a special regulation for the discussion of the draft constitution, but as was noted by Members Salvatori Regnoli arm and that the sections had already appointed a commissioner each, and these meeting should submit comments to the project, passed the order of the day. Before the end of the session was announced the timetable approved by the commissioners of the sections. On April 29 the deputy Diarnanti sollecitarnente House to vote on proposed project;
Lizabe-Ruffoni churches - and his proposal was accepted - to initiate the discussion of the basic principles as soon as the sections had concluded their examination of the same. On May 10, was declared lost because of absences and Caroli court appointed deputy, who was a member of the Committee deliberations on Costituzione.Le tribunatoNella meeting of 14 May Agostini opened a debate on the role and relationship with sections of the Committee.
The debate attended by Bonaparte (who chaired the meeting) and Galletti ended with the statement that the two committees (the original one and that made by the commissioners of the sections) remained separate, with an invitation to the President of Siena (which is the only for this call) to convene the Commission.
the sitting of 17 May, President Bonaparte raises questions, given the new situation, the opportunity to act on the resolution of April 29 for separate discussion fundamentals. Agostini asks that we continue studying the issue and ending with the presentation of the report. The Assembly member.
On May 26 the Assembly is informed that an obstacle has arisen only be solved by the same meeting: the committee composed of commissioners of the sections will be deleted from the project stands, while the Commission is still original in its defense. After long debate, involving among others Agostini, Cemuschi, Bonaparte, and Galletti Gobussi, the issue is resolved as follows: "the Assembly call on the threads Tribunate the preliminary examination of the two Commissions, which, combined in one Joint Commission, will present a majority of Assembly votes the entire draft Constitution. "With this decision we had reached the logical conclusion of the procedure sought, ie, the only Joint Commission.
At this point it is appropriate to mention the names of the commissioners at the time designated by eight sections: Berti (1), Fabretti (11), willow and Sword (111), Gaiani (IV), Gunners (V), Dancing (VI), Cassarini (VII) and Pennacchi (VIII). The Joint Commission is thus composed of 17 members, 8 of the original committee (Carol was revoked) and 9 of the sections above. In the absence of precise information, one should expect that the President has remained Senesi, he was the dean of the rest in age Assembly. The commissioners of the sections
prevailed in the contested decisions to the Assembly and rapporteur was appointed Saliceti. Changes On June 10 the revised draft is presented to the Assembly by the Rapporteur Saliceti which is limited to account for the changes to the previous project.
They consist mainly in the advertising of the vote in the elections, in increasing the number of consuls from two to three with the appointment of the same devolved Assembly, the elimination of Tribunate and Dictatorship. The text, still eight points of the fundamental principles had been reduced to 71 articles of which four ultinú of transitional arrangements. The formation compared to the previous project was lost in part the charge rivoluzionaria e innovatrice, ma acquistava in semplicità e concretezza: unica vera stonatura il voto pubblico giustificato da considerazioni di astratto moralismo, ma oltretutto in contrasto col sistema già sperimentato per l'elezione dell'Assemblea costituente.
Il Presidente, col consenso dell'Assemblea nominò una commissione composta dal primo e dal secondo relatore Agostini e Saliceti nonché da Grillenzoni incaricata di proporre una regolamentazione della discussione. Il 13 giugno Grillenzoni rifece a nome della Commissione (...) proponendo un regolamento speciale di sei articoli che fu approvato con modifiche dopo un'accesa discussione. Cominciava a farsi sentire nell'animo dei costituenti la preoccupazione di arrivare in ternpo a concludere work and the need to hurry.
Basically it was decided that the general debate began on June 15, Out of this, they were given three days to submit amendments, was to follow the discussion of the items and then had to go to a second reading.
The end of the Roman Republic
The general discussion started June 16. The Assembly had moved Carnpidoglio because there was no danger of collapse due to the building of the Chancellery of the French bombardment. The debate continued in the two subsequent sessions of 17 and 18 June. Parliament, particularly on the changes introduced in the project, Mariani, Lizabe-Ruff, Bonaparte, Filopanti, Agostini, Dancing, Senesi, Arduini, Cernuschi, Mattioli Augustine, gunners, some of them several times. On June 20 were announced the "fines" presented by Bonaparte (who practically rewrote the entire Constitution, dancing and Grillenzoni (although they far-reaching), Ceniuschi, Arduini et al, Salvatori Arm, Mariani. Arduini, Filopanti Annellini and Virginia. The 24 June under the chairmanship of Vice President Allocatelli (Saliceti carried on his duties as speaker) began the discussion and vote on the articles: the first four paragraphs were approved.
The meeting of June 25 was entirely devoted to in paragraph V, that of 26 paragraph VI and VII of the start of the topic. The 27 TENNIN the discussion of paragraph VII, which was voted with all'Vlll. Were discussed and voted on 28 items from 1 to 7 and began discussion of art. 8. The
ended the discussion of Article 29. And 8 were discussed and approved the following items up to 15. It must be said at this point that the official reports of the sittings of the Assembly (also published as a newspaper journal) end with the meeting of June 27. In research conducted for the edition of the "meetings of the Renaissance" organized by the Chamber of Deputies in 1911 to celebrate the fiftieth anniversary of the unit, were found and published the paper containing the official report of proceedings of June 27 (final part), 28 , 29 and 30. This incomplete. In the existing Assembly voted almost without debate the articles of the Constitution from 15 to 60. The report stops short article. 60 with the start of an intervention Canpello (Minister of War until the ministerial reshuffle on 8 March) that demonstrates one of his amendment. As is well known in the session of June 30 after exposure, and the proposal of Mazzini and Garibaldi's dramatic intervention, the Assembly voted to Cernuschi order of days, "the Roman Constituent Assembly became a defense ceases and it is impossible in its place. " The approval of the same costituzioneL'Assemblea continued to meet (in plenary or in sections) until the morning of July 4 when a patrol entered the French in Campidoglio ne intimò lo scioglimento. Non è dato sapere con certezza se gli articoli dal 60 al 69 finale furono votati lo stesso giorno 30 prima dell'intervento di Mazzini che avviò la seconda parte della seduta, ovvero il giorno successivo primo luglio prima del voto finale. Il Gabussi che, quale testimone partecipe è la fonte più ampia e attendibile non ne fa cenno. Egli afferma nelle Memorie sopra ricordate che “nel giorno 2 [luglio] sottopose l'Assemblea a novella discussione la Costituzione della Repubblica, e per appello nomináe solennemente la votò”. Vi sarebbe stata quindi anche la seconda lettura prevista dallo speciale regolamento. Vero è che sia nel Bollettino delle Leggi sia nel Monitore Romano la Costituzione is published with the final statement "voted to unanimously by the Capitol I July 1849." The solemn proclamation from the Capitol took place on the morning of July 3, and the monitor Romano published the Constitution itself in its latest issue on 3 July. The story of Gabussi is therefore in keeping with these conditions. However, this is a secondary matter.
The Constitution was adopted as stated in the course Candeloro (History of modern Italy, Milan, III, pp. 456-58), "especially for the fundamental principles and the articles on the rights and duties in the most advanced democratic of all the constitutions of the Italian Risorgimento. " The approved text bears the imprint of Aurelio Willow: Abruzzo, a lawyer of repute, briefly Minister of Constitutional Ferdinand 11, then in exile, was a member of the Executive Committee of the Republic, Deputy Chairman of the Assembly, was elected June 30 during the second triumvirate. Compared to the final draft, the Assembly shall not make structural changes. The most important innovation and significant is that in paragraph VII of the fundamental principles, suppresses the recognition of the Catholic religion as the religion of the State, by upholding the principle of irrelevance of the "religious belief" for the exercise of civil and political rights. Article was inserted. 14 on the subject of law on public spending and taxes. Under Title V (Del Council of State) Articles. 47 and 48 were merged and so did the Articles. 55, 56 and 57 in Title VI of the judiciary. The Constitution is therefore of fundamental principles and paragraphs VIII of 69 items grouped into eight titles and transitional provisions including Articles 65 to 69. It is therefore a quick constitution, principles and general Norns formulated for the most part with great simplicity and clarity: a constitution largely valid for the next century at least in its essentials.
