Thus it happens that now between the Pope and the king, that' is, the Italian government, there is an official enmity, a lack of friendly feeling of agreement, and there exists only a practical modus vivendi, founded on the Law of Guaranty which obviates all cause of con troversy.
And this is the condition of affairs which best suits both parties: the Pope, because the prosecution of open hostilities would not be agreeable to the sentiment of the great major ity of the clergy and of militant Catholics; whilst the open recognition of Rome as the capital would clash with prejudices not yet re moved and would diminish the reputation of the independence of the Holy See in the Cath olic world. It suits the king's government be cause it removes the necessity of regarding the .Pope, his faithful clergy, and the more zealous of the flock, as enemies, and allows him to en joy the indirect aid of the first and the direct assistance of the others in combating the sub versive parties without assuming any obliga tion to make legislative concessions which might change the secular character of the Ital ian government, and also without incurring any kind of responsibility toward foreign govern ments through the international policy of the Holy See.
But the necessary condition for the consoli dation of this state of things, is the mainte nance of the of Guaranty? By this.means the Holy See and the Church will avoid in Rome serious trouble and Italy will not see the birth of civil dissensions which would be a men ace to her prosperity. Everyone 'in Italy is agreed on this point, and no statesman, no mat ter how anti-clerical, would think of changing it. Although it does not form a part of the na
tional constitution, it is nevertheless looked upon as a law of constitutional importance, and as such cannot be changed without radically changing the order of fundamentally Italian in stitutions. It has not, in truth, the character and importance of an international law. i.e., a law which implies a strict contract with other governments, but for all that the Italians are convinced that it cannot be disregarded with out interfering with the position that Italy oc cupies in the international society and produc ing a serious and perhaps ruinous change in her position in the political world.
Therefore everyone in Italy is agreed on the maintenance of this law, although they recog nize its defects. This is a compromise truly worthy of the character and political traditions of the Italians. And hence, this law 'expresses the nature, the character of the people, which is averse to exaggeration and to all kinds of ex cess; it agrees with its tendency to compromise and to surmount difficulties by strategy rather than force. Besides all this it is a historical necessity which Italy could not after having abolished the temporal .power of the Pope. Not in vain were Niccolo Machiavelli and Francesco Guicciardini, those founders of the art and science of diplomacy, born in Italy.
Consult Quinet, Edgar, 'La question ro mine devant (Paris 1868).
Dom ENI03 ZANICH Professor of Constitutional Law, Royal Uni versity of Pisa, Honorary Professor of the University of Siena.