proceeded as the Government desired. The prisoners were debarred from choosing their own advocates, and those selected were only allowed to confer with them under restrictions. The defenders nevertheless did their duty, and although they could not, without subverting the entire judicial fabric of Modena, as then understood, have brought the judges to acknowledge the uselessness of extorted confessions (the sole evidence against most of the accused)—the illegality of the tribunal itself ab initio, or, even granting its legality, the incompetence of the tribunal to take cognisance of offences which it had not been constituted to try—they deterred the court from accepting the conclusions of the prosecutor Fieri.
This man had demanded the execution of forty-two persons, at most only guilty of belonging to a secret society, and accused of no overt offence against public tranquility. The tribunal reduced the penalty to various terms of imprisonment. The sentences, before they were pronounced, had to be submitted to the Duke for confirmation. Francis, enraged at their lenity, summoned the President of the Commission before him, the revised sentences assumed a very different complexion, and all the three judges stultified their previous decision by subscribing them “perchè tale fù la Sovrana mente e volontà.” Nine of the accused, some of whom had fortunately made their escape, were condemned to death; the remainder to the galleys or imprisonment for life, or for various periods. A Ducal decree appeared after some delay maintaining the punishment of death against those who had escaped, pronouncing a virtual sentence of imprisonment for life against those who had steadfastly maintained their innocence, and extending marked indulgence to those who had merited it by a “sincere, prompt, and spontaneous confession,” in other words, those who had been cajoled or intimidated into betraying their associates. The latter part of Panizzi’s publication is occupied with a legal demonstration of the incompetence of a tribunal constituted to try charges of high treason to deal with the mere offence of belonging to a secret society. The argument seems conclusive, but in fact the tribunal had voluntarily branded itself with a deeper mark than any that its assailant’s eloquence or ingenuity could have affixed to it.
On a perusal of the sentences, which are given “totidem verbis” in the appendix of the book, the civilized reader remarks with astonishment that, on the tribunal’s own showing, half the offences for which it awards penalties are not proved at all. First, is recited a series of facts considered to be established, by far the greater part of which relate merely to the presence of the inculpated person at the formal reception of some new member into a secret society. Then, in many instances, comes a second string of accusations, confessedly not proved, but considered possible “perchè si ha pure in processo qualche indizio.” And sentence is equally awarded for both!
The reasons, for which the sentence on a priest, Giuseppe Andreoli, was carried out, are worthy of attention:—
1. Because he had committed a crime which was punishable with death.
2. Because he had been the means of corrupting the younger part of the community.
3. Because he had abused the situation of Professor of Belles Lettres, at Correggio, in converting it into an instrumentinstrument of Carbonarism.
4. Because he had confessed his crime too late, and not within that time, which the Duke had fixed upon as available for such confessions.
As to the latter, it is to be borne in mind, that he confessed, simply on account of the Duke’s encouragement. The sentence was confirmed on the 11th of October, 1822, not because it was legally necessary, but, indeed, for the personal gratification of Francis IV; “Invocando il Santissimo nome di Gesù.”
At the period of the production of this work Panizzi’s own process was in suspense. He mentions it in a note, complaining of the delay, as intended to discredit him in the eyes of the other Italian patriots. His cousin, Francesco Panizzi, had, it appears, made some sort of confession, and been treated with suspicious lenity. If the Modenese Government had any intention of forcing or enticing Antonio into the like course of action with his cousin, it must have been frustrated by his publication, which may account for the impotent passion evinced in the subsequent proceedings against him. The work would be felt the more irritating from its sobriety of manner, its moderation even in the midst of invective, and its constant appeal to establish legal principle, as the criterion of the whole question. While proclaiming his fervent aspirations for the independence of his country, the author incidentally disclaims any participation in the proceedings of the Carbonari, and the commission of any act tending to the overthrow of the existing Government.
Such would be the natural attitude of a citizen like Panizzi, and he may well have affiliated himself to the secret society, as at that time the sole efficient agent in the cause of Italian freedom.
It is, nevertheless, difficult to conceive a man of his solid sense and practical sagacity, long acquiescing in the mummery of a Carbonarist conclave, and submitting to be known to the initiated as Thrasybulus or Archimedes. He represents, however, all the more faithfully, the indignation of the generous youth who had grown up under the comparative liberty of Napoleon’s sway, and who, on attaining maturity, found themselves deprived by political changes in other countries, of their birthright in their own; forbidden to call or think themselves Italians; and with every avenue in life closed against them, unless they consented to become instruments of a cruel and senseless despotism.
As this generation has passed away other aspects of the Italian question have come into greater prominence; the stately tree of Italian unity has covered the soil in which it originally took root. Even more as a picture of contemporary national feeling, than as an exposure of the fraud and cruelty of an extinct tyranny, is Panizzi’s youthful work, worthy of being rescued from the oblivion to which he for so long condemned it.
Deeply interesting as are these recollections of the struggle for freedom in Italy, and intimately as they are connected with the life of Panizzi, than whom no stauncher advocate for the liberty of his country ever existed, it must not be forgotten that the object we have immediately in view is to refer to these exciting events so far only as Panizzi himself was concerned with them, and not to allow ourselves to be carried away by our subject beyond the limits necessary to elucidate the object we have at heart.
CHAPTER II
Flight; Lugano; Arrival in London; Santa-Rosa; Sentence of Death; Liverpool; Roscoe and Friends; Letter to the Tax-Gatherer and Inspector of Finances; Miss Martin; Lectures.
It is hardly possible for a native of a free country to form a right conception of the more than fatherly interest formerly taken by the petty prince of an Italian State in the welfare of his subjects. So deeply impressed with this feeling was Francis IV, Duke of Modena, Panizzi’s patron of yore, that he was in the habit at this time (1821) of sending regularly during the week one of his own private carriages into Brescello for the express purpose of bringing back two persons (whose names were set down in his orders, but not divulged) whom it was, doubtless, his intention to reclaim from evil opinions, to save them from the dangers to which such opinions might lead, and to hold them up as examples of his paternal care, or, it is just possible, as a warning to the remainder of his people. The Brescellese, either from uneasiness of conscience or from a natural dislike to all that was good, regarded both the duke’s intentions and his carriage with aversion. Of all men the least anxious for a seat in it were Panizzi and his friend Dr. Minzi, whom, it may be remembered, he had initiated into Carbonarism. It happened one day, as these two friends were taking their afternoon stroll along the Peggio road, that the ill-omened carriage suddenly appeared in the distance. Their only resource was to throw themselves into the ditch by the roadside, and remain concealed as closely as possible until the fatal vehicle had passed. This they accordingly did, and, as good luck would have it, escaped
