The life and correspondence of Sir Anthony Panizzi, K.C.B., Vol. 2 (of 2): Late principal librarian of the British museum, senator of Italy, etc.Fagan, Louis
History
The life and correspondence of Sir Anthony Panizzi, K.C.B., Vol. 2 (of 2): Late principal librarian of the British museum, senator of Italy, etc.
Fagan, Louis
Panizzi, Anthony, Sir, 1797-1879
Your programme, if I mistake not, may be summed up as follows:—The
formation of a single Assembly of representatives from the four
States of Central Italy, such assembly to proceed immediately—To
confirm in common the separate decisions arrived at with regard to
the deposition of the Princes and the annexation to Piedmont; to
publish a manifesto to Europe, short, but solemn, energetic, and
rich in facts which justify this severe but unavoidable
determination; to nominate a Regent, who shall assume in its
entirety and in the name of the Sardinian Government the exercise
of executive power, commencing with the appointment of a
commander-in-chief to all the forces now under arms, such forces
to be combined and formed into a single army. After this the
Assembly would adjourn, leaving the Regent full power to have
himself represented at the European Congress called for by this
Assembly, in order to obtain a decision in conformity with the
solemn vote of the country, and to repel any aggression on the
part of _anybody_ who might intend forcibly to reinstate the
deposed Princes.
First of all I must take exception in _law_ to the _judicial_
validity of the nomination of a Regent.
A popular Assembly, legitimately elected, has most certainly the
right of declaring that the people represented by it intends to
choose for its Prince the monarch of another State, and intends to
identify itself with that State. But after this decision has been
arrived at, the logical and legal order of things would be to
address that Prince, in order to ascertain whether he is willing
to accept this free and spontaneous surrender. If he accept, he
alone can and in fact must nominate an authority to govern the
annexed provinces provisionally in his name. The Assembly cannot
do this, because, in proclaiming a new Prince, it invests him with
the sovereign power. Victor Emmanuel proceeded in this way with
the Lombards, who submitted to him of their own free will—that is
to say, he nominated a Governor to rule in his name, neither did
he act otherwise towards the people from whom he accepted the
dictatorship. The only exception to this rule is when it is
_physically_ impossible for the Prince who has been proclaimed to
speak his mind. It is not so in our case, because the King of
Piedmont reigns both by right and in deed, and is personally free.
He is, moreover, at the head of an army, and has made himself a
champion of the war of independence. It is, therefore, necessary
to address him. He is not only able, but is bound to declare
himself openly, and in accepting he will be obliged to provide a
government for those provinces until an European Congress
recognizes the fact as accomplished, and includes him in the new
public statute. Most assuredly no one will ever assert that the
Congress ought to _compel_ Victor Emmanuel to accept the
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