Italian Republic (Napoleonic) - Institutional Form

Institutional Form

According to the Italian constitution of 1802, sovereignty resided in three electoral colleges of three to two hundred members: the College of Owners, the College of Scholars, and the College of Traders, the first having its seat in Milan, the second in Bologna, and the third in Brescia. All the colleges elected a commission of control and supreme rule, called the Censorship, composed of twenty-one members and based in Cremona.

The head of state was the president of the republic, Napoleon Bonaparte, elected for 10 years. The president had full executive powers, appointed the vice-president and the secretary of state, took legislative and diplomatic initiative, chose the ministers, public agents, ambassadors, and chiefs of the army, summoned the executive councils, and prepared the budget. The vice-president, Francesco Melzi d'Eril, acted for the president during his absence. Melzi was described as a gentleman, and effectively ruled over the state's domestic affairs during the three years of the republic's life. Never submitting to Napoleon, Melzi was demoted after the monarchy's proclamation in favour of more controllable men; however, Melzi's character ensured him Napoleon's deep private respect during all the years of the French empire. Melzi also introduced obligatory conscription to Italy.

The Consulta was a commission of eight members led by the president of the republic and in charge of foreign policy. The commissioners were appointed by the Censorship upon nomination by the three colleges: many former members of the Cisalpine Directory entered into office. The Consulta ratified treaties, approved any special decrees concerning state security, and in the event of the death or resignation of the president, appointed the successor. The minister of foreign affairs was chosen from among the commissioners.

The Legislative Council was a commission of at least ten members appointed by the president for three years. Its mission was to allow the president to submit legislation, helping him in the elaboration of laws and being present when they were discussed in parliament. The secretary of state was the chief of the public administration. He promulgated the laws, guarded the state's seal, and countersigned presidential acts. The first secretary was Diego Guicciardi, soon followed by Pellegrino Nobili and, finally, by Luigi Vaccari.

The government comprised seven ministers. The Minister of War was at first Alessandro Trivulzi and then, from 1804, General Domenico Pino; Minister of Interior was at first Luigi Villa and then, from 1803, Daniele Felici; Minister of Foreign Affairs was Ferdinando Marescalchi; Minister of Justice and Great Judge was Bonaventura Spannocchi; Minister of Treasury was Antonio Veneri; Minister of Finance was Giuseppe Prina; Minister of Religion was Giovanni Bovara. To draw up its budgets, the government was assisted by a Commissionership for National Accountancy.

The parliament of the republic was a legislative body with limited powers. It was composed of 75 members elected in each department by the three colleges. It was summoned by the president of the republic and could only approve or reject a law, the discussion being reserved to a more restricted committee of fifteen speakers. First appointed at the Meetings of Lyon, one third of the parliament had to be renewed every two years.

The tribunals were divided into tribunals of first instance, courts of appeal, courts of revision, and a court of cassation. The judges of the first two were appointed by the Consulta, the latter two by the three colleges.