CHAPTER XXI.

SWITZERLAND AND THE EUROPEAN SITUATION 450

POPULATION AND SOIL, CENSUS, 1888 469

MONEY, WEIGHTS, MEASURES 469

CENSUS OF 1888 470

ORDER AND DATES OF THE ENTRY OF THE TWENTY-TWO CANTONS

INTO THE CONFEDERATION 471

APPENDIX 473

THE SWISS REPUBLIC.

CHAPTER I.

INTRODUCTION.

The first inhabitants of Switzerland, according to tradition, were

fugitives from Italy, who had been driven by the Gauls from the country

where now flourish the cities of Genoa and Florence, and who, 600 B.C.,

found an asylum in the recesses and wilderness of the valleys above

which the Rhine has its source. They were known as the Rhetians, from

the name of their hero Rhetus; hence the country about the source of

the Rhine, embracing the Grisons, is even now called by some, Rhetia.

The Canton of Schwyz claims to have been peopled by the Cimbrians, who,

leaving their original habitations in Sweden, Norway, and Friesland,

conquered their way over the Rhine to the cities of the Gauls, in the

country which is now France. The people of Gaul implored help from

Rome; a strong army was sent against them, defeating and driving them

into the Helvetian mountains. Another tradition says that they were

a race of Gaulic Celts, whom some unknown accident had guided from

the borders of the Rhine and Main to those of the Lake of Geneva,

their collective name being Helvetians, after whom the country was

named in Roman times. The first authentic mention we find of these

people, as a nation, is by Julius Cæsar, who, in the first book of his

“Commentaries,” related the war he waged with the Helvetians, who had

made an irruption into Burgundy during his government in Gaul. He

defeated them, and reduced the country to the obedience of the Romans,

annexing it to that part of his government which was called Gallia

Celtica. They lived in subjection to the Roman government till that

empire fell. Among the new kingdoms and principalities that were raised

out of the ruins was the kingdom of Burgundy, composed of a Vandal race

from the Oder and the Vistula. Helvetia was overrun and made a part of

this kingdom in the beginning of the fifth century (409 A.D.). Then

followed irruptions of Alemanni, Ostrogoths, and Franks. The division

of Switzerland into German- and French-speaking races is doubtless to

be ascribed to these early settlements of different tribes from Germany

and Gaul. In the sixth century (550 A.D.), the Franks having subjected

the other two, all Helvetia was united to the crown of France. It was

lost to the kings of France during the ninth century, under the weak

reign of Charles the Fat. About the year 870 there sprang up again

two new kingdoms of Burgundy, one called Cis-Jurana and the other

Trans-Jurana; the first, at the end of fifty years, was merged in the

latter. In this kingdom was comprehended the country of Helvetia, and

continued part of it till about 1032, when Rudolph, the third and last

king of Burgundy, dying without children, left all his kingdom to the

Emperor Conrad II., whose successors enjoyed it for two centuries, when

it was broken into several petty sovereignties.

Feudalism had been rapidly growing up, and, like other parts of Europe,

Helvetia fell under the rule of military chiefs and of powerful bishops

and abbots. A numerous and ancient nobility divided the possession with

ecclesiastical lords; of the former, conspicuous were the Dukes of

Zähringen and Counts of Kyburg, Rapperswyl, and Hapsburg; and of the

latter, the Bishop of Coire, the Abbot of St. Gallen, and the Abbess

of Seckingen. There is no country whose history better illustrates

the ambiguous relation, half property and half dominion, in which

territorial aristocracy under the feudal system stood with respect to

their dependants. The power under these princes, to which the country

was subjected, was so limited that it might properly be said to be

under their protection rather than their dominion. In the thirteenth

century the race of the Dukes of Zähringen became extinct, which made

way for the Counts of Hapsburg to enlarge their authority, being raised

afterwards to the Austrian Duchy, and invested with the imperial

dignity in Germany. The Helvetic people placed themselves under the

protection of Rudolph of Hapsburg, with permission to send governors or

bailiffs among them. They were governed with mildness while he lived.

He died, and his son Albert did not tread in his father’s footsteps.

This was the beginning of the fourteenth century, the memorable period

of Rütli and William Tell. A resolution was taken to form a general

insurrection in each Canton, in order to surprise and demolish all the

castles and drive the governors and adherents out of the country. “They

judged that a sovereign unjust towards a vassal, ceased to be himself

protected by justice, and that it was lawful to employ force against

him.”[1]

The confederates pursued so well the measures agreed on that their

object was easily accomplished, and with rare examples of moderation.

A few years later, a further attempt was made to bring them under

the yoke of the empire, when the brave peasants routed the imperial

army, under Leopold, Duke of Austria, at Morgarten, on the 15th of

November, 1315. This victory confirmed the independence of the three

original Cantons. Soon afterwards followed the perpetual league of

Brunnen, on December the 9th of the same year; there is at Brunnen this

inscription: “_Hier geschah der erste Bund, Anno 1315, die Grundfeste

der Schweiz_” (“Here was the first perpetual league, the foundation of

Switzerland”).

According to the Swiss historian, Planta,[2] the Helvetic union, as

founded by the three forest Cantons, called _Waldstätten_, composed of

Schwyz, Uri, and Unterwalden, bears date from the most remote periods

of their existence, and was framed long before they knew how to commit

it to writing. In 1291 this league was reduced to writing; the first

covenant is in Latin, and begins, “_In nomine Domini, Amen_,”[3] and

this form was followed in the several later covenants at Rütli, 1307,

and Brunnen, 1315. Each Canton obligated itself to assist and succor

the others, with its utmost force, and at its own expense, against

all persons or states that should assault or molest any of them; that

neither of the Cantons should submit to receive any new sovereign

without the knowledge and consent of the others; that none should enter

into any alliance or engagement with any other prince or state without

the said consent; and that if any difference should arise between any

two of these confederated Cantons, the third should be the arbitrator,

and obliged to assist that Canton which submitted to its arbitration

against the other that should refuse it. The express purpose of this

league was for self-defence against all who should attack or trouble

them.

The constitution of each Canton was purely democratic; the supreme

power was vested in the people at large; all males of fourteen years

old in Uri, of fifteen in Schwyz and Unterwalden, having a voice.

Though deputies were chosen to represent the people in the Council of

Regency, and a Landammann, or chief magistrate,[4] was also appointed,

yet the supreme power was exercised by a general assembly held in the

open air. In 1332 Luzern joined the three Cantons, and thus arose

the federation of the Four Forest Cantons, _Vierwaldstätten_. Zurich

came in in 1351, Zug and Glarus in 1352, and Bern in 1353. These eight

Cantons continued until 1481, or a hundred and twenty-eight years,

without increasing their number, and are distinguished by the name

of the _Eight Old Cantons_. For a long time these Cantons possessed

many distinctive privileges. This league upheld its independence in

1386 against Duke Leopold III., of Austria, in the battle of Sempach,

when the most heroic courage was shown. This resulted in the decree

of Sempach, whereby the eight Cantons agreed to preserve peace among

themselves; to uphold each other; and in war to unite their banners

against the common enemy. The last remnant of ancient Helvetic

territories in Aargau was wrested in 1417 from Frederic, Count of

Tyrol. Though still comprehended within the nominal sovereignty of the

empire, encroachments upon their territory or their political liberties

were no longer dreaded. They were henceforth free from external control

and from contributions imposed by the Germanic Diet. In 1444 followed

the defeat of the Dauphin Louis of France at St. Jacob, and the defeat

of the Burgundians at Morat and Nancy in 1477. In 1481 Solothurn and

Freiburg were admitted. The Cantons then bound themselves under a

treaty effected at Stantz, Canton of Unterwalden, in December of that

year, to two additional articles:

1. That all the Cantons oblige themselves to succor one another in the

support of the form of government then established in each of them.[5]

2. That a body of military laws therein referred to should be received

throughout the whole nation, and the observation of them enjoined.

The Emperor Maximilian I. determined to force the Swiss to join the

Suabian League; hence resulted the Suabian war, which was concluded

after the Swiss had gained six victories, by the peace of Basel in

1499. In 1501 Basel and Schaffhausen acceded to the league. In 1512, by

the Milanese war, the Swiss obtained from Milan the territory which at

present forms the Canton of Ticino. In 1515, after losing the battle of

Marignano,[6] an advantageous peace was concluded with France, which

was followed by the first formal alliance with that kingdom in 1521;

and the two countries enjoyed an almost uninterrupted amity for nearly

three hundred years.

Such was the political state of Switzerland in the beginning of the

sixteenth century; it was an independent federal republic, renowned in

war and distinguished for its ancient political institutions. In the

Thirty Years’ War the Confederates maintained a prudent neutrality, and

the Peace Congress of Münster in 1648, through the mediation of France,

solemnly acknowledged the complete renunciation of Switzerland’s

nominal allegiance to the German empire. From this time until the

outbreak of the French Revolution, in 1789, the history of Switzerland

presents few events of general importance. Appenzell had been united

to the league in 1573, making the number of Cantons thirteen. The

thirteen Cantons took the name of _Eidgenossen_, a word signifying

confederates, because they bound themselves together as comrades by

oath. This endured without a further change of actual members until

1803. From the peace of Aarau, in 1712 (generally credited to 1718,

since the Abbot of St. Gallen did not accede to it until six years

after its agreement), down to 1798, the Cantons enjoyed the blessings

of seventy-nine years of comparative quiet. The tranquillity enjoyed

was favorable to the progress of commerce, agriculture, the arts,

and sciences. The French Revolution, which disturbed the peace and

unsettled the political institutions of every country in Europe,

convulsed Switzerland with civil war and anarchy. In January, 1798, a

French army entered Switzerland to assist the Pays de Vaud, which had

declared its independence against the Bernese; Bern was taken and the

Swiss Confederation converted into the “Helvetic Republic, one and

indivisible.”

The Cantons of Schwyz, Uri, Unterwalden, Zug, Glarus, and Appenzell

declared that they would not accept the laws which had been forced

upon them, and leagued together to resist. These refractory Cantons

were overpowered and coerced, but so gallantly did they maintain their

ground that the French general declared, “that every Swiss soldier

fought like a Cæsar.” It was then ordained by the French that an oath

of allegiance to the new government should be taken in every Canton.

Schwyz, Uri, Unterwalden, and Zug refused obedience to this ordinance.

It was forced upon them and upheld by a costly army, which practised

intolerable exactions and haughty and insolent domination. Geneva

at this time was annexed to France. Lavater styled this epoch “the

first year of Swiss slavery.” The atrocities of the French invasion

of Switzerland excited great indignation in Europe. All that tyranny

the most oppressive, rapine the most insatiate, cruelty the most

sanguinary, and lust the most unbridled, could inflict did that devoted

country experience. The effect on the friends of freedom may be judged

of from the following indignant lines of Coleridge, once an ardent

supporter of the Revolution, in his “Ode to Freedom,” written in 1798:

“Forgive me, Freedom! oh, forgive those dreams;

I hear thy voice, I hear thy loud lament,

From bleak Helvetia’s icy cavern sent;

I hear thy groans upon her blood-stain’d streams;

Heroes, that for your peaceful country perish’d,

And ye that, fleeing, spot your mountain snows

With bleeding wounds, forgive me that I cherish’d

One thought that ever bless’d your cruel foes;

To scatter rage and traitorous guilt,

Where peace her jealous home had built;

A patriot race to disinherit

Of all that made their stormy wilds so dear.”

When Switzerland became the battle-field of French and Austrian armies,

by the treaty of Lunéville, between the Emperor of Austria and the

French Republic, the independence of the Helvetic Republic, and the

right of the people to adopt whatever form of government they pleased,

were guaranteed; but the irreconcilable dissensions of the French and

National Swiss parties prevented the adoption of any constitution

generally acceptable to the people.

The withdrawal of the French troops in 1802 led at once to a revolution

in almost every Canton. Again Napoleon, First Consul of the French

Republic, in contravention of the treaty, interfered, and subdued the

movement. Forty thousand French troops took military occupation of

Switzerland. Deputies were ordered to assemble at Paris, and after

long discussion with them, Napoleon, on the 2d of February, 1803,

transmitted to Switzerland what is known as the Act of Mediation, under

which he assumed the title of “Mediator of Switzerland.” In some cases,

what had been subject lands were incorporated into the league, and to

the thirteen old Cantons six new ones were added,--St. Gallen, the

Grisons, Aargau, Thurgau, Ticino, and Vaud.

The downfall of the arbitrary “Mediator” was for the Swiss, as for

the greater part of Europe, the signal of a happy deliverance. The

apparent interest taken by Bonaparte in the welfare of Switzerland,

and his anxious desire to suit its civil institutions to the local

prejudices and habits of each small community, were wholly military

and political. He looked upon Switzerland as a watch-tower between

the three great divisions of Europe, of which the Act of Mediation

secured possession to him, without the trouble of a garrison. Soon

after his defeat at Leipsic in 1813, the Allies invaded Switzerland,

and in December of that year the Swiss Diet met at Zurich and formally

annulled the Act of Mediation. A general council was assembled, and new

articles of confederation agreed upon, known as the Federal Pact, in

September, 1814. This Confederacy was acknowledged by the Congress of

Vienna, November 20, 1815; by which the eight powers, Austria, Russia,

France, England, Prussia, Spain, Portugal, and Sweden, proclaimed

the neutrality of Switzerland and the inviolability of its soil. It

must in justice be said that at that epoch of sweeping annexations

and unblushing bartering of countries, Switzerland was better treated

than she had reason to expect,--Russia and England were her steadfast

friends.

The nineteen Cantons were increased to twenty-two by the addition

of Geneva, which had been annexed to France under the Directory in

1798, and Neuchâtel[7] (a Prussian possession), and the Valais.

The greater Cantons demanded a return to the old status and their

ante-revolutionary supremacy. The relapse would have been worse, had

it not been for the Allied Powers, who would guarantee neutrality only

on the condition that the new Cantons be maintained free.

In 1817 Switzerland, upon the invitation of the Emperor Alexander of

Russia, joined the Holy Alliance. The restoration of peace to Europe,

and the securities obtained for the neutrality and independence of

Switzerland at the Congress of Vienna, gave great encouragement to the

intellectual and material progress of the country, wealth increased,

and industry prospered. Public works of great utility were undertaken,

including noble roads over the passes of the St. Gothard, the St.

Bernard, and the Splügen. In July, 1830, the peace of the country

was suddenly disturbed by the French Revolution. Violent political

agitation broke out in riots and insurrection. Political wrongs were

rudely redressed; but life and property were respected. The general

aim of this movement was to wrest from the aristocratic class and

the capital towns the exclusive privileges which they had gradually

recovered since the beginning of the century, and to increase the

power of the people. The Cantons were forced to reorganize their

constitutions on a more liberal and democratic basis. This movement

naturally drifted into a plan for revising the federal constitution;

but the effort to do this in 1832 was defeated by a popular vote.

The old religious jealousy of the Catholic and Protestant Cantons now

revived with increased violence. These troubles were attributed by many

to the influence of the Jesuits, and an active agitation was commenced

for obtaining their expulsion. Under the claim that religion was in

danger, delegates from seven Catholic Cantons assembled at Rothen,

in the Canton of Luzern, and formed a separate League, called the

_Sonderbund_, or separate confederation. In violation of the Federal

Pact of 1815, these Cantons engaged to defend each other by an armed

force, and appointed a council of war to take all necessary steps. The

Federal Diet, in session at Bern in July, 1847, realized that prompt

action must be taken to suppress a movement which was threatening the

country with a civil war. Friendly negotiation having failed, the Diet

declared the League to be dissolved, and at once hostilities broke out.

A sharp, decisive contest of only eighteen days’ duration brought the

strife to an end; the seceding Cantons were overwhelmed and forced back

to their allegiance.

The strength of the Confederation being so decisively proved, it

was regarded an opportune time to revive the effort for a thorough

reformation of the federal system. This was accomplished the following

year by the constitution of 1848.

Swiss history is largely the history of the drawing together of parts

of three adjoining nations for common defence against a common foe,

little by little winning their independence.

“A liberty that sprang to life in Greece; gilded next the early and

the middle age of Italy; then reposed in the hallowed breast of the

Alps, and descended at length on the coast of North America, and set

the stars of glory there. At every stage of its course, at every

reappearance, it was guarded by some new security; it was embodied

in some new element of order; it was fertile in some larger good; it

glowed with a more exceeding beauty.”[8]

The name “Swiss” and “Switzerland,” German “_Schweiz_,” French

“La _Suisse_,” supposed to be derived from the Canton of Schwyz,

though long in familiar use, did not form the official style of the

Confederation until 1803. Schwyz, according to Gatschet, signifies

“clearing the ground by fire;” and, again, it is derived from “Sweiter”

and “Swen,” two brothers who are said to have founded it; and these

family names, common in Sweden, are now heard in the valleys of Schwyz.

Switzerland is triangular in shape, and occupies an almost

imperceptible space upon an ordinary map of the world. Voltaire used

to say he “shook his wig and powdered the republic.” It is bounded

on the north and east by Germany, on the south by Italy, and on the

west by France; and is situated between latitude 45° 50′ and 47° 50′

north, and longitude 6° and 10° 25′ east. Its greatest length from

east to west measures two hundred and sixteen miles; its greatest

breadth north and south is one hundred and fifty-six miles. Nearly its

entire boundary is formed by rivers, lakes, and mountains. The Rhine

constitutes almost two sides of its boundary, from the point where the

various streams from the glaciers of the Grisons have met to form a

river into the Lake of Constance, and from its exit thence to where

the Jura Mountains turn its course to the Northern Ocean. The Jura

separates it from France; and with merely an outlet for the Rhone, the

Alps take up the line, dividing its rugged regions from the plains of

Northern Italy. On the eastern side is an entangled mass of mountains;

on the western side is a succession of parallel ridges, separated from

each other by longitudinal valleys. The elevation varies from six

hundred and forty-six feet, at Lake Maggiore, to fifteen thousand two

hundred and seventeen feet on Monte Rosa. Only two per cent. has an

altitude less than one thousand feet, and six per cent. of the whole

surface is covered with snow-fields and glaciers. Two-thirds of its

surface consist of lofty mountain chains and valleys; the remainder a

plain thirteen hundred feet above the level of the sea. That portion

which lies to the east of the Rhine rises from a platform no less than

three thousand two hundred feet in height, even in the valleys. All

of Switzerland, with Savoy, and indeed the Tyrol and other adjoining

countries, lie on a huge mountain. They all have their valleys, it

is true, but their valleys are more elevated than even the hills of

the lower regions. Two of the mightiest European rivers, the Rhine

and Rhone, have their sources in Switzerland. Their head-waters are

separated only by the tangled mass between the Pizzo Rotondo and

the Oberalp Pass,--the Rhine running towards the east and the Rhone

towards the west. The St. Gothard may be regarded as the central point

of the country, and from its sides these two rivers take their rise

in a great transversal valley of the Central Alps. On the east, the

Rhine, springing from the glaciers, flows through the Grisons to the

north and loses itself in the Lake of Constance, issues from it at

Stein, and flows to the westward as far as Basel, where it commences

its perpendicular course towards the German Ocean. On the west, the

Rhone, rising in the blue and glittering glacier of the same name,

descends through the long channel of the Valais, expands into the Lake

of Geneva, and takes its rapid course to the Mediterranean. Both of

these rivers purify their waters in a large lake; and in their passage

through the same Jurassic range of mountains they both form cataracts

and waterfalls, though separated by that time by an interval of one

hundred and eighty miles. Nine-tenths of the central table-lands of

Switzerland belong to the Rhine system, and only one-tenth to the

Rhone. In addition to these, two great rivers on the north of the St.

Gothard, the Reuss and the Aar, descend in parallel ravines through

rugged mountains, feeding the Lakes of Luzern, Thun, and Brienz; while

on the south its snows nourish the impetuous torrents of the Ticino,

which swells out into Lake Maggiore, and loses itself in the waves of

the Po.

Within two degrees of latitude, Switzerland contains the climate of

thirty-four degrees. The variety in the vertical configuration of the

country naturally affects its climate, and nearly every valley and

every mountain-side has a climate of its own. Besides “mathematical

climate,” which is expressed by latitude, and depends on the elevation

of the surface of the earth to the sun, modern science gives “physical

climate.” It describes isothermal lines, which do not exactly coincide

with the circles of latitude, but diverge to north or south, according

as the temperature is modified by other factors, such as the height

of the land above the sea, the modifying action of mountain chains,

currents of wind and water, and the neighborhood of lakes and sea.

The climate of Switzerland is specially modified by the influences

which spring from the capricious consequences of the nearness of

mountains, which are a bulwark against the periodical agitations of the

atmosphere; they form a great barrier to the northward against the icy

blasts sweeping down from the snow-fields of Russia and Siberia; and to

the south, to the hot Libyan winds blowing across the Mediterranean.

For regular isotherms, it would be idle to seek in such a broken

region. The lakes, which are fed by the glacier waters, have a cooling

effect on the temperature of the summer heat; the temperature of the

water of Lake Brienz does not exceed from 48° to 53° Fahrenheit in the

warmest days. It is a great benefit to the circulation of air which

comes in contact with surfaces so relatively cold, nor do these bodies

of air carry away with them any large amount of moisture, because the

low temperature of the water does not favor any great evaporation.

Within a short distance one may see at the same time all the seasons

of the year, stand between spring and summer,--collecting snow with

one hand and plucking flowers from the soil with the other. In Valais

the fig and grape ripen at the foot of ice-clad mountains; while near

their summits the lichen grows at the limit of the snow-line. There

is a corresponding variety as regards the duration of the seasons. In

Italian Switzerland, winter lasts only three months; at Glarus, four;

in the Engadine, six; on the St. Gothard, eight; on the Great St.

Bernard, nine; and on the Théodule Pass, always. Upon first beholding

the peaks of the Alps, shrouded in their everlasting mantles of snow,

one would little dream that in the valleys beneath ran musical streams

of summer water, with emerald meadows spreading their velvet cloaks,

dappled with clustering rose-bush, and the sun-loving flowers of the

gardens of the tropics.

In ancient times writers exhausted their eloquence in painting the

horrors of the climate of the Alps. Livy wrote, “and the snows almost

mingling with the sky, the shapeless huts situated on the cliffs, the

cattle and beasts of burden withered by the cold, the men unshorn and

wildly dressed, all things, animate and inanimate, stiffened with

frost, and other objects more terrible to be seen than described, renew

their alarm.”[9]

To-day, within its habitable regions, the climate is distinguished for

being generally temperate, healthful, and invigorating. It enjoys, from

its geographical smallness, immunity from the penalty a vast continent

pays in colossal visitations and vicissitudes of meteorological

conditions.

The Föhn is a remarkable local wind in Switzerland; it is a strong

southwest or south wind, very hot and dry, formerly supposed to

originate in the Sahara, and flowing in towards the area of low

atmospheric pressure; or to be a tropical counter-current of the trade

winds. Meteorologists now hold that it is engendered by local causes.

Commencing its descent in the northern valleys with a high temperature,

it necessarily increases its temperature and dryness as it passes

into the higher pressure of lower levels; it sweeps through certain

valleys, especially in Glarus and Uri, where old laws enact that when

it blows, every fire in the place, for whatever purpose used, is to be

extinguished, for its violence is often extreme. It is much dreaded,

yet acts beneficially by a rapid polar-like awakening of nature; it is

it which melts most of the snow in the spring, and “without the Föhn,”

says the peasant of the Grisons, “neither God nor the golden sun would

prevail over the snow.” The Bise is the opposite of the Föhn, a cold,

biting north wind, whose tooth has been sharpened by its passage over

the ice-fields, bringing all the chills of Siberia, and searching one

through and through, eating into the very marrow. This wind is confined

within a narrow area of the country, pouring from the northeast over

the Boden-See, and along the Jura to the Lake of Geneva below Lausanne;

its effect is blighting on the pastures, which it sometimes visits at

untimely seasons, killing even cattle exposed to it in May.

The German, Burgundian, and Italian nations which joined together to

form the modern Swiss nation, cast away their original nationality, and

made for themselves a new one, forming a nation as real and true as if

it had strictly answered to some linguistic or ethnological division.

These northern and southern nations of Europe have been singularly

intermingled in Switzerland, and in this respect furnish an interesting

study, as a striking exception to the general idea suggested by

the word “nation” as a considerable continuous part of the earth’s

surface, where speakers of a single tongue are united under a single

government. The long persistent division of the Swiss people into

German, French, and Italian stands in marked contrast with the thorough

unity of the nation. They have never been blended into one people,

so far as speaking a common language is concerned. German, French,

Italian, Romansch, and Ladin are spoken within the limits of the

Confederacy. And even the dialects of the German differ so much as to

make communication almost impossible, at times, between the different

villages and towns.

The census of December 1, 1888, showed the total population of

Switzerland to be 2,933,612. The German-speaking element increased from

2,030,792, in 1880, to 2,092,479, which, taking into account the normal

growth of the population, was no relative increase; the proportion in

both cases being about seventy-one per cent. of the whole. The French,

on the other hand, increased from 608,007 to 637,710, which was a

relative increase of from 21.4 to 21.07 per cent., while the Italian

declined actually as well as relatively, the numbers being 161,923

in 1889, and 156,482 in 1888, or 5.7 and 5.3 per cent. respectively.

The decline of the Italians in Uri and Schwyz may be explained by the

return home of a large number of Italian workmen engaged on the St.

Gothard Railway. It is difficult to explain the large decrease of

Germans in the Cantons of Bern and Neuchâtel, while the French have

increased. In general, the French increase in Switzerland seems to be

at the expense of the Germans, while the German element recovers its

place at the expense of the Italian.

The region extending from the Lake of Geneva to the Lake of Constance,

and from the foot of the Alps to the foot of the Jura, forms only

one-fourth of Switzerland, so far as area is concerned; but nearly

its whole population, wealth, and industry are concentrated there.

The population is settled in the plains, the hill regions, and the

valleys; there are chalets nearly eight thousand feet high on the

Fleck and Indre Alps, but only one town, viz., Chaux-de-Fonds, in the

Jura of Neuchâtel, has been built at an elevation of more than three

thousand two hundred feet; but there are villages in Alpine valleys

with an elevation of four thousand to five thousand feet, and the

hamlet of Juf, in the dreary valley of the Avers, has an elevation of

six thousand seven hundred feet, and is the highest village in Europe

permanently inhabited.

In point of religion the Swiss are as sharply divided as they are in

tongue and customs. It is to the increasing efforts of the clergy,

during the many centuries that elapsed between the fall of the Roman

empire and the revival of knowledge, that the judicious historian of

Switzerland ascribes the early civilization and humane disposition

of the Helvetic tribes; and invariably the first traces of order and

industry appeared in the immediate neighborhood of the religious

establishments. The traveller will behold with interest the crosses

which frequently mark the brow of a precipice, and the little chapels

hollowed out of the rock where the road is narrowed, and will consider

them so many pledges of security; and he will rest assured that so long

as the pious mountaineer continues to adore the “Good Shepherd” he

will never cease to befriend the traveller or to discharge the duties

of hospitality. That a church, or rather that churches, existed in

Switzerland in the fourth century is proved by the signatures, coming

down from that date, of certain bishops and elders of Geneva, Coire,

and the Valais; and one century later it is known that other places

besides these had been in a measure Christianized. The Fraternity

of St. Bernard was founded in the latter part of the tenth century

by Bernard de Menthon, an Augustinian canon of Aosta, in Piedmont,

for the double purpose of extending bodily succor and administering

spiritual consolation to travellers crossing the Pass of St. Bernard,

where winter reigns during nine months of the year. The idea of

establishing a religious community in the midst of savage rocks, and at

the highest point trodden by the foot of man, was worthy of Christian

self-denial and a benevolent philanthropy. The experiment succeeded in

a degree commensurate with its noble intention: centuries have gone

by, civilization has undergone a thousand changes, empires have been

formed and overturned, and one-half of the world has been rescued

from barbarism, while this piously-founded edifice still remains in

its simple and respectable usefulness where it was first erected, the

refuge of the traveller and a shelter for the poor. The building,

the entertainment, the brotherhood, are marked by a severe, monastic

self-denial which appears to have received a character of stern

simplicity from the unvarying nakedness of all that greets the eye in

that region of frost and sterility. In storms, monks, helpers, and dogs

all go out to search for helpless travellers; and during the severe

winter of 1830 both packs of dogs had to be taken out, and nearly all

perished; the names of Barry and Bruno are kept with those of departed

archbishops and monks. These St. Bernard dogs are adapted, by their

instincts, intelligence, and benevolence, to the charitable work in

which they are engaged. The moment they scent a traveller buried in the

snow they announce the fact by setting up a loud bark, but they do not

wait for the arrival of their human companions, but begin at once to

dig into the snow with all their strength. The pure breed is said to be

extinct, but the cross variety still retains many of the good points of

the genuine breed.[10]

Einsiedeln is a very ancient and celebrated monastery in the Canton of

Schwyz; it is more generally known as the Monastery of “Our Lady of the

Hermits,” and is one of the most famous pilgrim resorts in the world.

It was here that Meinrad, an anchorite of the house of Hohenzollern,

is supposed to have retired in the ninth century, and built a cell

for the worship of the Black Virgin, presented to him by the Abbess

Hildegard of Zurich. He was murdered, and respect for his memory

induced a religious community to establish themselves there. On the

occasion of the consecration of the chapel erected by them, the Bishop,

it is related, was anticipated by angels, who performed the rite to

heavenly music at midnight. Leo VIII. declared this consecration to be

a full and perfect one, and forbade the repetition of the rite; and

Pope Benedict VIII. placed Count Meinrad in the catalogue of saints

one hundred and fifty years after his death. The inscription over

the church-door at Einsiedeln is “_Hic est plena remissio peccatorum

a culpa et a pœna_” (“Here is plenary remission of sins from their

guilt and from their punishment”). There is a copious fountain before

the church, and another tradition has it that the Saviour visited the

shrine and drank from it. This fountain has fourteen jets, carved to

imitate the heads of strange beasts and birds, and the pilgrims must

drink of every one to make sure that they should not miss the right

one, which is said to have refreshed our Lord.

It has been disputed to whom the priority in the race of reform in

Switzerland belongs, Zwingli or Luther. Zwingli himself declares that

in 1516, before he had heard of Luther, he began to preach the gospel

at Zurich, and to warn the people against relying upon human authority.

The name of Zwingli is always associated by the Swiss with the rise of

Protestantism as that of Calvin is with its triumphant progress.[11]

This Reformation, introduced by Zwingli and extended by Calvin,

occasioned the fiercest dissensions. Early in the sixteenth century

both Geneva and Zurich became cities of refuge for French, Italian,

and English who were forced to flee from their native lands on account

of their faith. The first edition of the English Bible was printed in

Zurich in 1535. The Reformers separated themselves into Lutherans,

Calvinists, and Anabaptists. It was held to be the duty of each Canton

to force its own faith upon the whole body of the people; church-going

was enforced by fines and corporal punishment; staying away from

church on Sunday mornings, in some localities, was followed by a loss

of citizenship. The latter part of the sixteenth and the whole of the

seventeenth century are crowded with controversies and bloodshed;

that violence and those animosities which are found so terribly to

prevail where religious zeal has been abused for the purposes of

intolerance. Nowhere were the doctrines of the Protestant Reformation

more ardently embraced; nowhere was the strange moral phenomenon,

which is to be traced in so many quarters of Europe, more conspicuous

than among the Cantons of Switzerland, the early, exact, permanent,

geographical division, which was realized between the Protestant and

Popish communities; a division which frequently an insignificant stream

or street has been sufficient to maintain for ages. Religious parties,

like glaciers, became at once frozen up in set attitudes and forms,

which no subsequent events have been able to alter. In three instances

controversies on the subject of religion kindled violent and bloody

contests. The most memorable was the war between Bern and Zurich, on

the one part, and five little Catholic Cantons on the other, in 1712.

At the close of the period of the Reformation, seven of the Cantons,

Luzern, Schwyz, Uri, Unterwalden, Zug, Freiburg, and Solothurn adhered

to their ancient Catholic faith; the Cantons of Bern, Basel, Zurich,

St. Gallen, and Schaffhausen adopted the reformed religion; Appenzell

and Glarus recognized both forms of worship. In Geneva, over which the

Duke of Savoy ruled, the effects of the Reformation were peculiarly

important. Calvinism, as it existed at Geneva, was not merely a system

of religious opinion, but an attempt to make the will of God, as

revealed in the Bible, an authoritative guide for social and personal

as well as for moral direction. Moral sins were treated after the

example of the Mosaic law, as crimes to be punished by the magistrates;

“elsewhere,” said Knox, speaking of Geneva, “the word of God is taught

as purely, but never anywhere have I seen God obeyed as faithfully.”[12]

Reprobating and lamenting that the great reformer depended upon the

use of the sword for the extirpation of heresy, let us remember that

Calvin was not only the “founder of a sect, but foremost among the

most efficient of modern republican legislators; and that his genius

infused enduring elements into the institutions of Geneva, and made

it for the modern world the impregnable fortress of popular liberty,

the fertile seed-plot of democracy.” That “theological city,” called

by some the Jerusalem of Switzerland, seems to be pervaded by an

endemic influence inciting to religious discussion and agitation;

the eager, irrepressible spirit of John Calvin walks abroad from his

unknown sepulchre as the _genius loci_. The Reformation contributed in

Switzerland to the enlightenment of the people and to the maintenance

of a spirit of freedom; but in a political point of view it was the

cause of the gravest evils, which continued long after the original

convulsions. To differences of race and language it added divisions

of religious faith and the conflict of hostile churches. For some

time there was an alliance of clerical aggressiveness and ambition,

with the employment of religion as a political influence. The radical

government of Zurich was violently overthrown on the 6th of September,

1839, in consequence of the nomination of Dr. Strauss to a chair of

theology; thousands of peasants, led by their pastors and singing

hymns, armed with scythes and clubs, entered Zurich, and the government

was forced to dissolve itself. As late as the war of the Sonderbund,

in 1847, religious intolerance appeared to threaten the integrity

of the Confederation; and by an article in the Constitution of

1848, and re-enacted in that of 1874, the Jesuits and all affiliated

societies were interdicted throughout the Confederation. Hostility to

the Jesuits was not regarded as hostility to the Catholic religion.

The order of Jesuits, as then existing in Switzerland, could not be

considered purely religious, but partly political, partly sectarian and

controversial, its direct aim being to aggrandize the Church at the

expense of the state, and the Catholic religion at the expense of the

Protestant. From the first of these two tendencies, it was repugnant to

a large portion even of the Catholic world. The whole history of the

Jesuits in Switzerland betokened an organized and systematic teaching

of religion, not exclusively for religious ends, but largely as a means

for procuring political and social ascendency; even to the extent of

reducing it to rule, craft, and professional duty. It was against

this tendency, not against any matters essential to the Catholic

religion, that even the Catholic world protested. The growth of the Old

Catholics, after the Vatican Council of 1870, caused many disturbances

in Western Switzerland, specially in the Bernese Jura. Inaugurated

in the Catholic universities of Germany, it was transplanted for a

complete and more vigorous growth into the soil of Geneva, and there

taking on a logical, consistent, and organized form, it seemed fitted

for the wide propagation and success that marked the great Reformation

of the sixteenth century, to which, in its early stages, it showed

curious points of undesigned coincidence.

The Swiss serve God and serve Liberty; two facts which go far to

solve all the phenomena of their remarkable history. They hold with

Plutarch that “a city might more easily be founded without territory

than a state without belief in God.” It may be, as Professor Tyndall

contends, that there is “morality in the oxygen of the mountains.” Man

feels himself reduced to nonentity under the stupendous architecture of

these elevated regions which carries his thoughts up to the Creator.

A cultivated and pious mind may find itself stayed and soothed and

carried upward, at some evening hour, by those great symbols of a

duration without an end to a throne above the sky; and this impression

may be deepened until the outward glory reproduces itself in the

inward, and causes it to cry out:

“Great Hierarch! Tell thou the silent sky,

And tell the stars, and tell yon rising sun,

Earth, with her thousand voices, praises God.”

The lives of the Swiss are in continual struggle with the elements,

the visible power of the Deity; their sober habits, simple, natural,

imaginative, all predispose them to believe; and the Gospel easily

obtained dominion over their faith and feelings.

The sublime works of nature are equally calculated to arouse sentiments

of patriotism; they are capable of a companionship with man, full of

expression of inexplicable affinities and delicacies of intercourse.

No race of men can dwell in Switzerland, amidst its mountains, its

precipices, its rocks, glaciers, avalanches, and torrents, without

being strong, brave, and resolute. Just as we recognize an elevated

region by its growth of peculiar timber, whether stunted or lofty,

alike in their power of resisting the tempest, and by its hardy plants

characterized by their intense tenacity of life, just so a mountainous

country is indicated by a courageous, athletic, close-knit population

of liberty-loving, patriotic men.

“_Montani semper liberi_,” everywhere mountainous regions have been

favorable to a free and manly spirit in the people; in every zone the

mountain races are a free, a pastoral, an unchanging people, rather

confirming Emerson’s hasty generalization as to snow and civil freedom.

In the East the warlike hill-tribes have been less subject to despotic

rule than the milder races dwelling on the plains. The varied grandeur

of the mountains no less than the awful power of the ocean counts for

something in the perpetuation of distinctive characteristics. But the

spirit of freedom is thought to take a different color from the sea and

from the mountain; in the mountain it is stubborn and resolute; by the

sea it is excitable and fickle. The hill-tribes of Judea kept their

covenant, the tribes of Jordan fell away; those Medes who never changed

their laws descended from the Caspian Alps, those Greeks who sought new

things from day to day were dwellers by the Ægean Sea. Among the vines

and olives in Italian gardens men are soft, poetic, phosphorescent, no

less full of fire than they are fond of change; among the pines and

larches of the Swiss glaciers men are hardy, patient, dumb, as slow to

fume and flash as they are hard to bend and break. The poet Wordsworth

represents that it was the peculiar fortune of Switzerland to enjoy the

influence of mountain and sea at once,--

“Two voices are there: one is of the sea,

One of the mountains; each a mighty voice:

In both, from age to age, thou didst rejoice,

They were thy chosen music, Liberty.”

There are few principles of action which are more immediately

beneficial to society, and which have received more assiduous

cultivation, than _love of country_. The Swiss regards his country

with the tenderness of filial affection, and, like the undiscerning

lover, fondly gazes without discrimination upon its beauties and

its deformities.[13] Enamored of their rocks, ice, and snow, they

look on milder climates and more fruitful plains without one envious

emotion. Deeper down even than the deep-seated differences of race,

language, and creed lies the feeling that comes from the common

possession of a political freedom that is greater than that possessed

by surrounding peoples: this is the enduring bond of the Confederation.

Switzerland has demonstrated that democracies are not necessarily

short-lived. The short-lived glory of Athens and its subjection under

the rough foot of the astute Macedonian was not the result of too

much freedom, but because the Greek states had too little unity. In

Switzerland republican institutions can claim to have been fairly

tried and thoroughly succeeded. Dating from the perpetual Alliance

of 1291, the Confederation now counts six centuries; living through

many forms of government, feudal, clerical, imperial, radical, the

League of Cantons never ceased to be a union of republics, and is the

only federal government which has come down from mediæval times to

our own day. We see that the Swiss have lasted well, “for utility is

their bond and not respects.” While in some European countries very

anomalous forms of government have assumed the republican name, it is

gratifying to observe that there is at least one European state in

which republicanism is a fact and a living force properly understood

and properly practised, uniting with as large a measure of individual

liberty all the advantages of careful and judicious legislation,

economy in the administration, and justice in the execution of the

laws to as high a degree as can be found in any country. Every man is

free; every child educated; the sovereign power resides in hands that

defend it in danger and adorn it in peace; a common faith that love

of country, “all for each and each for all,” is better than a love of

self pervades the entire population. Amid powerful monarchies there

is a state without king or nobles, with a well-developed system of

democratic institutions, admirably suited to the genius of the people

and administered with the economy, the wisdom, and the consistency

of a well-regulated family. There the problem of a free commonwealth

was first solved, and popular government first made possible. There

are presented some of the most striking examples of democracy in its

simplest form, and of carefully-contrived and durable republican

institutions, to be found in the annals of political history. There is

a government based on the simple but sound philosophy expounded in the

homely observations of the honest old boatman of Geneva, Jean Desclaux,

“If one man rule, he will rule for his own benefit and that of his

parasites; if a minority rule, we have many masters instead of one,

all of whom must be fed and served; and if the majority rule, and rule

wrongfully, why the minimum of harm is done.”

CHAPTER II.

THE CONSTITUTION.

“On the main-land only two little spots at the two extremities of

the old Teutonic world came out of the mediæval crucible with their

self-government substantially intact. At the mouth of the Rhine, the

little Dutch communities were prepared to lead the attack in the

terrible battle for freedom with which the drama of modern history was

ushered in. In the impregnable mountain fastnesses of upper Germany,

the Swiss Cantons had bid defiance alike to Austrian tyrant and to

Burgundian invader, and had preserved in its purest form the rustic

democracy of their Aryan forefathers. By a curious coincidence, both

these free peoples in their efforts towards national unity were led to

frame federal unions, and one of these political achievements is from

the stand-point of universal history of very great significance.”[14]

Writers, as a rule, properly consider a federal government, owing to

its nice balances in regard to a division of power between the union

and the members, and in regard to the conflicting interests of the

parts, as a peculiarly delicate and almost unadjustable framework.

“The federative system,” says Guizot, “is one which evidently requires

the greatest maturity of reason, of morality, of civilization in the

society to which it is applied.” The two poles of a federal government

are independent action of the members in certain things, and a central

power or government which in certain things is equally independent.

The aim is to gain the advantages of the concentrated power of great

states, while retaining the advantages of local interest found in small

states. On the one hand, each of the members of the union must be

wholly independent in those matters which concern each member only. On

the other hand, all must be subject to a common power in those matters

which concern the whole body of members collectively. Switzerland

represents the happy outcome of the first attempt at such a federal

union made by men of Teutonic descent. Complete independence in local

affairs combined with adequate representation in the Federal Council

has effected such an intense cohesion of interests throughout the

nation as no centralized government, however cunningly devised, would

ever have secured. The constitutional history of the confederation is

a study in federalism. First a mere defensive alliance or league;[15]

then a _Staatenbund_, or permanent alliance of several small states, to

which the term confederacy nearly corresponds; then a _Bundesstaat_, or

an organized state with central legislative, executive, and judicial

departments, which answers substantially to the term federation as

usually employed, and as realized in the Constitution of 1848, and

perfected in that of 1874. The distinction which German publicists

have introduced into political science between a _Staatenbund_ and

a _Bundesstaat_, constituting the two chief forms of union between

states, is a very valuable one,--the former word denoting a league

or confederation of states; the latter, a state formed by means of

a league or confederation. In order to know to which of the two

classes a given state belongs, we need to inquire only whether the

political body in question has the essential qualities of a state

or not. Confederation and federation; both are composite political

bodies, and in so far different from mere alliances which form no new

state. _Staatenbund_, or confederation, is rather a conglomeration of

states than a real state; it retains the character of a contractual

combination of states. _Bundesstaat_, or federation, implies the

advance from the incomplete and transitional form to the formation of a

collective state or union; it is a more highly developed _Staatenbund_,

the difference is only one of degree in purpose, form, and powers

to carry out the national will. A confederation, by joining several

states in a political association, presents at least externally the

appearance of one state of an international personality; but yet is

not organized into one central state distinct from the particular

states. The management of the collective state is left either to

some particular state as President (_Vorort_), or to an assembly of

delegates and representatives of all the several states. The former

was the case with the Greek leagues under the hegemony of Sparta and

Athens; the latter with the American Union under the ancient articles

of 1778, and the German confederation of 1815. In a federation there

are not merely completely organized particular states, each remaining

sovereign and independent within the range of such powers as it does

not hand over to the federal authority; but there is an independently

organized common or central state, that within the range of the powers

handed over to it forms a single commonwealth under a government with

its own executive, legislative, and judicial branches. The Achæan

league was already in some measure such a federal state. This form of

state first appears in modern times in the Constitution of the United

States adopted in 1787, and subsequently imitated by Switzerland.

The Swiss Confederation previous to 1848 joined the members of the

league only on such terms and for such purposes as were agreed on, and

their common affairs were administered by a federal Diet. Still each

Canton remained perfectly independent in all its internal concerns;

even keeping the right of separate dealings with foreign governments.

There was nothing which could be strictly called a federal government,

whose one will makes the constitution, and demands obedience from the

minority, even of particular Cantons. The foundation of the Swiss

Constitution is the old Swiss league, which lasted from 1291 to 1798.

But there had been simply alliances between different Cantons, and no

real federal constitution existed. The establishment of the Helvetic

Republic, one and indivisible, was the first attempt at a constitution.

The representative democracy of the United States found a soil ready

prepared for it in Switzerland, to which it was transplanted by French

intervention. The constitution _unitaire_ was imposed on Switzerland

most tyrannically, but it was not in itself a bad one. Under what may

be called the French readjustment of Switzerland, constitutions rose

and fell and succeeded each other in rapid rotation from 1798 to 1803.

First appears a project of the Constitution of March, 1798; by this a

single centralized state was substituted for the thirteen old Cantons.

It served with modifications as the groundwork of another sketched

in April of the same year. This latter was prevented by the outbreak

of war between France and Austria in 1799 from taking root. Another

Constitution of May, 1801, approved by Bonaparte, then First Consul,

was acceptable to few in its political and territorial arrangements.

The Cantons became mere divisions, like counties or departments.

One of its earliest provisions abolishes the ancient democracies of

the Forest Cantons. The traditions of independence in these older

Cantons, and the elements of internal opposition, were too strong to

admit of submission. The inhabitants of these sequestered regions,

communicating little with the rest of the world, ardently attached to

their liberties, inheriting all the dauntless intrepidity of their

forefathers, clearly perceived that, in the wreck of all their ancient

institutions, the independence of their country could not long be

maintained. They saw that the insidious promises of the French envoys

had terminated only in ruinous exaction and tyrannical rule. Animated

by these feelings, “We have lived,” said they, “for several centuries

under a republic based on liberty and equality; possessing no other

goods in the world but our religion and our independence; no other

riches but our herds; our first duty is to defend them.” This attempt

to form the whole of Switzerland into a united representative system

could not be permanent, and was soon dissolved. Other constitutions

followed in October, 1801, February, 1802, and July, 1802. Then

February 2, 1803, came, under the so-called Act of Mediation, a

moderately centralized federal government granted by Napoleon. Old

family and civic privileges were annulled; all Swiss were made equal

in the eye of the law, and vassalage was altogether abolished, and

free right of settlement in any part of Switzerland assured to all.

All alliances of one Canton with another, or with a foreign state,

were interdicted. This was stipulated in consequence of an improper

alliance in 1442 by Zurich with the House of Austria. It was ordained

that each Canton should send one deputy to the general Diet; that they

should have definite instructions and powers of attorney, and should

not vote against their instructions. The functions of the Diet were

declared to be: 1. To proclaim war or peace, and conclude foreign

alliances, which required the consent of three-fourths of the Diet.

2. To fix regulations for foreign commerce, capitulations in foreign

service, and the recruiting of soldiers. 3. To levy the contingent,

appoint commanders of the armed forces, and the foreign ambassadors. 4.

To adopt measures of external utility and settle disputes between one

Canton and another. The act concluded in these terms: “The present act,

the result of long conference with enlightened persons, appears to us

the best that could be devised for the constitution and happiness of

the Swiss. As soon as it is carried into execution the French troops

shall withdraw. We recognize Helvetia as organized by this act as an

independent power, and guarantee the Federal constitution, and that of

each Canton in particular, against the enemies of the tranquillity of

the state.” This act for the remainder of Napoleon’s reign settled the

condition of the Helvetic Confederacy; and although it was peaceful

and prosperous, the Act of Mediation was felt to be the work of a

foreigner and master, and it fell with the extinction of his power.

Here French readjustments came to an end, and after the Congress of

Vienna, March, 1815, guaranteed the neutrality of Switzerland, there

followed in November of the same year the Federal Pact. This was a

looser confederation, and in many respects a return to the state

of things previous to the French Revolution, and restored to the

Cantons a large portion of their former sovereignty. There continued

to be a _Tagsatzung_, or Diet for general affairs, consisting of

“ambassadors from the sovereign estates,” meaning the Cantons, each

Canton still having only one voice, and three-fourths of the votes

being necessary for war or peace and treaties with foreign powers;

but in other matters of business an absolute majority decides. It

fixes the rate of troops and taxes for federal purposes; gives every

Canton the right to demand defence against internal and external

force; provides for the settlement of disputes between the Cantons;

puts an end to all dependent territory and exclusive possession of

rights by a class of citizens; and continues the old plan of having a

_Vorort_. Military capitulations and conventions concerning affairs

of police or public economy may be made by single Cantons, provided

they oppose no federal principles, nor existing league, nor cantonal

rights. Ambassadors from the league may be sent to foreign powers when

their appointment is thought necessary. In extraordinary cases the

_Vorort_ may be invested with especial powers, and a committee can be

appointed, composed of the officer of the _Vorort_, who is intrusted

with the management of the federal affairs in conjunction with other

representatives of the Confederation. This representative committee

is chosen by six circles of Cantons each in turn. The Diet gives the

requisite instructions to these federal representatives, and fixes

the duration of their duties, which cease, of course, when there is

a new Diet. When this assembly is not in session, the _Vorort_ has

the charge of federal affairs within the limits existing before 1798.

Cloisters and chapters are allowed to continue, but are subject to

taxation like private property; and the Helvetic national debt is

acknowledged. The Federal Pact became unpopular not merely from its

own intrinsic defects and ambiguities, but also from the time and

circumstances of its origin. It was a reactionary instrument, bringing

back the yoke of the patrician families and the extreme Ultramontane

party. The central authority of the Confederation was wreak. It had no

powers, either legislative, executive, or administrative, binding upon

the several Cantons; no provision for the repression of wars between

rival Cantons, nor for the proper restraint of separate alliances with

foreign powers which endangered the peace, if not the independence, of

the federal state; no federal army, no public treasury, no national

mint, no common judiciary, nor any other common marks of sovereignty.

The Diet assembled for little more than deliberation, all matters

of importance being referred to the determination of the Cantons.

National affairs were discussed in general Diets, as in fact they

had been from the beginning, but they were Diets which lacked the

very essentials of republican government, majority rule, and power of

execution. They depended more upon moral authority than legal powers,

persuading where they could not command obedience. The difficulties of

a union so obviously imperfect and narrow were greatly increased by

the Reformation, which alienated the Catholic and Protestant Cantons,

causing political and religious struggles that culminated in civil war.

There is then a constitutional rest until the next great revolutionary

storm, which swept over so many countries of Europe in 1848, when a

new constitution, modelled in many respects after that of the United

States, was adopted, and superseded the Federal Pact. It changed the

federal union of states into a federal republic; a transition from

a _Staatenbund_ to a _Bundesstaat_. The stage of confederation was

passed over and the higher state of federation reached; an organized

nation, and at the same time the peoples of the particular Cantons

also possessing organic unity; a Swiss nation, and yet a Bernese and

Genevese people. The Constitution of 1848 was the first which was

entirely the work of the Swiss without any foreign influence. For

the revolution of 1848, which paralyzed Austria, Rome, and Germany,

enabled the Swiss to reassume in full the reins of self-government.

Two legislative chambers were for the first time created, and invested

with the power of enacting laws and issuing orders which are binding

directly on individual citizens. This most important and far-reaching

principle, that the Federal head should operate directly on individuals

and not on states, involved momentous consequences, forcing the

construction of a “Composite State.” The joint action of the two

chambers, constituting the _Bundesversammlung_, or Federal Assembly,

became a substantive part of the government of every Canton; and,

within the limits of its attributions, made laws which are obeyed

by every citizen, and executing them through its own officers, and

enforcing them by its own tribunal; powers essential for an effective

federal government. The old Diets never ventured on any undertaking

of public utility, amelioration, or reform, during more than three

hundred years. The Confederation was loose and incomplete even for its

essential objects, mutual defence and foreign relations. The principal

objects of this new constitution were:

1. The strengthening of the national government, reconciling the

supremacy of the Confederation with the autonomy of the Cantons.

2. The overthrow of oligarchies.

3. The protection of the state from the dominion of Rome.

The first two were attained by the direct provisions of the

Constitution; the third was afterwards promoted by the expulsion of the

Jesuits and their affiliated societies from Swiss territory. A great

benefit was conferred upon the Confederation by the unification of such

matters as coinage, weight, measures, and posts; and the surrender by

the Cantons to the Confederation of the exclusive right to levy duties

at the frontiers of the country. For twenty-four years Switzerland

enjoyed under this Constitution uninterrupted peace and prosperity; the

European wars between 1855 and 1871 did not disturb her neutrality,

though military operations offered great temptation to march across her

territory. In 1872 a project of amendment was submitted conferring upon

the general government many additional powers. By a small popular and

a large cantonal majority it was defeated. The agitation for amendment

continued, and in 1874 a more moderate revision of the Constitution

of 1848 was again presented. This remodelling in 1874 did little more

than work out in a complete and logical form the principles laid down

in 1848; the most marked difference being a further enlargement of the

Federal authority; forming a well compacted union, a Federal state,

each portion of which has its sphere of sovereignty. This revised

Constitution received the sanction of the Federal Assembly, January 31,

1874, was submitted to the popular vote on Sunday, April 19, following,

resulting in a vote of 340,199 in favor of, and 198,013 against,

acceptance. The vote by Cantons was fourteen and a half Cantons for,

and seven and a half Cantons against, acceptance (the votes of the

half-Cantons being counted each as a half vote). The Cantons voting

against the adoption of the Constitution were Uri, Schwyz, Unterwalden

(the original three), Luzern, Zug, Freiburg, Valais, and Appenzell

(Inner). A decree of the Federal Assembly, May 28, 1874, after setting

forth that the revised Federal Constitution had received both a

majority of all the votes cast and the approval of a majority of all

the Cantons, says, “That it is, therefore, hereby solemnly declared in

effect, bearing date of May 29, 1874.” The Federal Council, on May 30,

1874, ordered the above decree, together with the Constitution, to be

enrolled in the official collection of statutes of the Confederation,

and the decree to be transmitted to the governments of the Cantons, to

be published by them through posting up in public places. The Federal

system thus established has many features which are strikingly like,

as well as many which are almost as strikingly unlike, those in the

system of the United States. The preamble, and Articles I. and II. of

the Constitution, point out the aim and lay down the fundamental idea

of the Confederation.

IN THE NAME OF ALMIGHTY GOD.

The Swiss Confederation, desiring to confirm the alliance

of the confederates, to maintain and to promote the unity,

strength, and honor of the Swiss nation, has adopted the

Federal Constitution, following:

ARTICLE I.--The peoples of the twenty-two sovereign Cantons

of Switzerland, united by this present alliance [then follow

the names of the Cantons], form in their entirety the Swiss

Confederation.

ARTICLE II.--The purpose of the Confederation is to secure

the independence of the country against foreign nations, to

maintain peace and order within, to protect the liberty and

rights of the confederates, and to foster their common welfare.

The Constitution is divided into three chapters, embracing,

respectively, seventy, forty-seven, and four articles, numbered

consecutively throughout the whole. The chapters have subdivisions,

with descriptive titles to the general heads.

The first chapter is titled _General Provisions_, and covers a wide

field.

A literal transcript of the most important provisions of this chapter

will be given.

CHAPTER I.

The Cantons are sovereign so far as their sovereignty is

not limited by the Federal Constitution, and as such they

exercise all the rights which are not delegated to the Federal

government. All Swiss are equal before the law, with neither

political dependence, nor privilege of place, birth, persons,

or families. The Confederation guarantees to the Cantons their

territory, their sovereignty (within the limits fixed), their

Constitutions, the liberty and rights of the people, the

constitutional rights of citizens, and the rights and powers

which the people have conferred on those in authority. The

Cantons are bound to ask of the Confederation the guarantee of

their Constitutions: this is accorded, provided,--

(_a_) That the Constitutions contain nothing contrary to the

provisions of the Federal Constitution.

(_b_) That they assure the exercise of political rights

according to republican forms, representative or democratic.

(_c_) That they have been ratified by the people, and may be

amended whenever the majority of all the citizens demand it.

All separate alliances and all treaties of a political

character between the Cantons are forbidden. The Confederation

has the sole right of declaring war, of making peace, and

of concluding alliances and treaties with foreign powers,

particularly treaties relating to tariffs and commerce. No

military capitulations shall be made.[16] Members of the

Federal Government, civil and military officials of the

Confederation, and Federal Representatives or Commissioners

shall not accept from foreign Governments any pension, salary,

title, present, or decoration. The Confederation has no right

to maintain a standing army: every Swiss is subject to military

service. The Confederation may construct at its own expense, or

may aid by subsidies, public works which concern Switzerland

or a considerable part of the country: the Confederation has

the right of general supervision over the water and forest

police measures in the upper mountain regions. It is authorized

to adopt regulations as to the right of fishing and hunting,

especially for the preservation of the large game in the

mountains, and for the protection of birds which are useful

to agriculture or forestry. Legislation pertaining to the

construction and operation of railways is an affair of the

Confederation. It has the right to establish, in addition to

the existing Polytechnic school, a Federal University and other

higher institutions of learning, or assist in their support.

The customs are in the province of the Confederation; it may

levy export and import duties; but the collection of the

Federal customs shall be regulated according to the following

principles:

1. Import duties.

(_a_) Materials necessary to the manufactures and agriculture

of the country shall be taxed as low as possible.

(_b_) Likewise all articles which may be classed as necessaries

of life.

(_c_) Luxuries shall be subjected to the highest duties.

2. Export duties shall also be as low as possible.

3. The customs legislation shall include suitable provisions

for the continuance of commercial and market intercourse across

the frontier.

The freedom of trade and of industry is guaranteed throughout

the whole of the Confederation: excepted from this rule are

the salt and gunpowder monopolies, the Federal customs,

measures of sanitary police against epidemics and cattle

diseases, import duties on wines and other spirituous liquors,

and other taxes on consumption expressly permitted by the

Confederation, under certain restrictions: but all the import

duties levied by the Cantons as well as the similar duties

levied by the Communes to cease, without indemnity, at the end

of the year 1890. The Confederation has power to enact uniform

provisions as to the labor of children in factories, and as

to the duration of labor fixed for adults therein, and as to

the protection of workmen against the operation of unhealthy

and dangerous manufactures. The business of emigration agents

and of private insurance companies shall be subject to the

supervision and legislation of the Confederation. The opening

of gambling-houses is forbidden (those in existence allowed

until December 31, 1877, to close); necessary measures may

also be taken concerning lotteries. The post and telegraphs

(now includes the telephone) in all Switzerland are controlled

by the Confederation, and the proceeds belong to the Federal

Treasury; the tariff charges shall be regulated according to

uniform principles in as equitable a manner as possible, and

inviolable secrecy of letters and telegrams is guaranteed. To

the Confederation belongs the exercise of all rights included

in the coinage monopoly: it alone shall coin money, establish

the monetary system, and enact provisions, if necessary, for

the rate of exchange of foreign coins, and to make by law

general provisions as to the issue and redemption of banknotes:

it shall not, however, establish any monopoly for the issue

of banknotes, nor make them a legal tender. The Confederation

fixes the standard of weights and measures. The manufacture

and the sale of gunpowder throughout Switzerland pertains

exclusively to the Confederation (the manufacture and sale of

spirituous liquors was made a Federal monopoly December 22,

1885). Every citizen of a Canton is also a Swiss citizen, and

as such he may participate in the place where he is domiciled

in all Federal elections and popular votes, after having duly

proven his qualification as a voter.[17] A Federal law shall

establish the distinction between settlement and temporary

residence, and shall at the same time make the regulations

to which Swiss temporary residents shall be subjected as to

their political rights and their civil rights. A Federal law

shall make provision as to the cost of the care and burial

of indigent persons of one Canton who may become sick or die

in another Canton. Freedom of conscience and belief shall be

inviolable; no one shall be compelled to take part in any

religious society or in any religious instruction, or to

undertake any religious act, nor shall he be punished in any

way whatever for his religious views. The person who exercises

the parents’ or guardians’ authority has the right, conformably

to the principles above stated, to regulate the religious

education of children up to the close of their sixteenth year.

The exercise of civil or political rights shall not be abridged

by any provisions or conditions whatever of an ecclesiastical

or religious kind. Religious views shall not absolve from the

performance of civil duties. No person is bound to pay taxes

of which the proceeds are specifically appropriated to the

expenses of any religious society to which he does not belong.

The free exercise of religious worship is guaranteed within

the limits of morality and public order; the Cantons and the

Confederation may take suitable measures for the preservation

of public order and of peace between the members of different

religious bodies, as well as against any interference in the

rights of citizens or of the state by church authorities.

Contests in public and private law which arise out of the

formation or the division of religious bodies may be brought by

appeal before the competent Federal authorities. No bishopric

shall be created upon Swiss territory without the consent of

the Confederation; neither the order of the Jesuits nor the

societies affiliated with them shall be suffered in any part

of Switzerland, and all participation of their members either

in church or school is prohibited; this prohibition may be

extended also by Federal ordinance to other religious orders

whose action is dangerous to the state, or disturbs the peace

between sects. The establishment of new convents or religious

orders or the restoration of those which have been suppressed

is forbidden. The civil status and the keeping of records

thereof is subject to the civil authority (taking it away from

the clergy, who were formerly the custodians). The disposition

of burial-places shall belong to the civil authorities; they

shall take care that every deceased person may be decently

interred (to prevent denial of burial by the church). The

right of marriage is placed within the protection of the

Confederation; this right shall not be limited for confessional

or economic considerations, nor on account of previous conduct

or other police reasons; no tax upon admission or similar tax

shall be levied upon either party to a marriage. Freedom of

the press is guaranteed; the Confederation may enact penalties

against the abuse of the freedom of the press when directed

against it or its authorities. The right of petition is

guaranteed. No person shall be deprived of his constitutional

judge, and there shall consequently be no extraordinary

tribunal established.[18] Ecclesiastical jurisdiction is

abolished. Suits for personal claims against a solvent debtor

having a domicile in Switzerland must be brought before the

judge of his domicile; in consequence his property outside the

Canton in which he is domiciled may not be attached in suits

for personal claims; with reference to foreigners, however,

the provisions of the respective international treaties shall

apply. Imprisonment for debt is abolished. The exit duty on

property is abolished as respects foreign countries, provided

reciprocity be observed. The Confederation shall have power to

legislate:

1. On civil capacity.

2. On all legal questions relating to commerce and to

transactions affecting chattels (law of commercial obligations,

including commercial law and law of exchange).

3. On literary and artistic copyright.[19]

4. On the legal collection of debts and on bankruptcy.

Capital punishment abolished;[20] corporal punishment is

forbidden. The Confederation by law provides for the

extradition of accused persons from one Canton to another;

nevertheless, extradition shall not be made obligatory for

political offences and offences of the press. Measures shall be

taken by Federal law for the incorporation of persons without

a country.[21] The Confederation has power to expel from its

territory foreigners who endanger the internal or external

safety of Switzerland.

The second chapter embraces the _Federal Authorities_:

CHAPTER II.

1. The Federal Assembly or Legislative Department.

2. The Federal Council or Executive Department.

3. The Federal Tribunal or Judicial Department.[22]

4. The Federal Chancellery.

It is provided that the duties of Secretary to the Federal

Assembly and Federal Council shall be performed by a Federal

Chancellery under the direction of a Chancellor of the

Confederation. The Chancellor shall be chosen for the term of

three years by the Federal Assembly at the same time as the

Federal Council. The Chancellery shall be under the special

supervision of the Federal Council.

5. Miscellaneous provisions.

These are three in number:

1. All that relates to the location of the Federal authorities

is a subject to be determined by the Confederation.

2. The three principal languages spoken in Switzerland--German,

French, and Italian--shall be considered national languages of

the Confederation.[23]

3. The officials of the Confederation shall be responsible

for their conduct in office. Federal law shall define this

responsibility and the means of enforcing it.

The third chapter directs the method by which the Constitution can be

amended.

CHAPTER III.

1. The Federal Constitution may at any time be amended.

2. Each revision shall take place by the ordinary method of

Federal legislation.

3. If one branch of the Federal Assembly passes a resolution

for amendment of the Federal Constitution and the other does

not approve; or upon the demand of fifty thousand qualified

voters, in either case, the question whether the Constitution

ought to be amended must be submitted to a vote of the Swiss

people, voting yes or no. If a majority of the citizens voting

pronounce in the affirmative, there shall be a new election

of both branches of the Federal Assembly for the purpose of

preparing amendments.

4. The amended Constitution shall go into effect whenever

it shall receive a majority of all the votes cast, and the

approval of a majority of the Cantons. In determining the

majority of the Cantons, the vote of a half-Canton shall be

counted as half a vote. The result of the popular vote in each

Canton shall be taken as determining the vote of the Canton.[24]

The Constitution closes with five articles, styled _Temporary

Provisions_:

1. The proceeds of the posts and customs shall be divided

upon the existing basis until such time as the Confederation

shall take upon itself the military expenses up to this time

borne by the Cantons. The loss which may be occasioned to the

finances of any Canton by the sum of the charges which result

from certain articles of the Constitution shall fall upon such

Canton only gradually.

2. The provisions of the Federal laws and of the Cantonal

concordats, constitutions or Cantonal laws which are contrary

to this Constitution cease to have effect by the adoption of

the Constitution, or when the Federal laws passed in pursuance

thereof, shall be published.

3. The new provisions in regard to the powers of the Federal

Tribunal shall not take effect until the passage of the Federal

laws relating to it.

4. The Cantons shall be allowed a period of five years within

which to introduce the system of free instruction in primary

public education.

5. Those persons who practise a liberal profession, and who

before the publication of the Federal law provided for by the

Constitution have obtained a certificate of competence from a

Canton or a joint authority representing several Cantons, may

pursue that profession throughout the Confederation.

There have been three amendments to the Constitution from the date of

its adoption in 1874 to 1889 inclusive:

1. In 1879, Article lxv. of the Constitution abolishing capital

punishment was repealed, and in lieu thereof the following

substituted: “No death penalty shall be pronounced for a

political crime.”[25]

2. In 1885, Article xxxii. of the Constitution was modified

so that drinking-places and the retail trade in spirituous

liquors should be excepted from the guarantee of freedom of

trade and of industry; but the Cantons might by legislation

subject the keeping of drinking-places and the retail trade

in spirituous liquors to such restrictions as are required

for the public welfare. And Article xxxii. _bis_ was added

authorizing the Confederation by legislation to regulate the

manufacture and sale of alcohol. In this legislation those

products which are intended for exportation, or which have

been subjected to a process excluding them from use as a

beverage, shall be subjected to no tax. Distillation of wine,

fruit, and the products of gentian roots, juniper berries, and

similar products are not subject to Federal legislation as to

manufacture or tax. After the cessation of the import duties

on spirituous liquors, as provided for, the trade in liquors

not distilled shall not be subjected by the Cantons to any

special taxes, or to other limitations than those necessary

for protection against adulterated or noxious beverages.

Nevertheless the powers of the Cantons defined in the

Constitution are retained over the keeping of drinking-places,

and the sale at retail of quantities less than two _litres_.

The net proceeds resulting from taxation on the sale of alcohol

shall belong to the Cantons in which the tax is levied. The net

proceeds to the Confederation from the internal manufacture of

alcohol, and the corresponding addition to the duty on imported

alcohol, shall be divided among all the Cantons in proportion

to population. Out of the receipts therefrom the Cantons must

expend not less than one-tenth in combating drunkenness in its

causes and effects. The Confederation shall provide by law

that for such Cantons or Communes as may suffer financial loss

through the effect of this amendment, such loss shall not come

upon them immediately in its full extent, but gradually up to

the year of 1895.[26]

3. In 1887, Article lxiv. of the Constitution was so amended

as to give the Confederation the power to make laws, “On

the protection of new patterns and forms, and of inventions

which are represented in models and are capable of industrial

application.”

All amendments to the Swiss Constitution are incorporated in their

logical place in the text immediately upon their adoption.

Much legislation called for by the mandatory provisions of the

Constitution, and suggested by the discretionary powers vested in

the Confederation, has passed into Federal statutory enactments. A

few may be mentioned. An elaborate law as to military service, tax

for exemption therefrom, and pensions; statutes regulating labor

in factories, containing a wide range of provisions for the health

and safety of employés; the practice of the professions of medicine

and dentistry; the construction and management of railroads; the

protection of literary and artistic property and patents; hunting

and fishing; the control of forests, dikes, and water-courses in the

mountainous regions; the election of members of the Federal Assembly

and organization of the Federal Tribunal; the method of taking the

_Referendum_; rights of citizenship and expatriation; banking and

bankruptcy; emigration and immigration. There are very comprehensive

laws also as to “civil capacity and obligations” and “marriage and

divorce.” The Federal law on “civil capacity and obligation” comprises

more than nine hundred articles, and deals with every imaginable kind

of contract except that relating to the acquisition and transfer of the

ownership of land; this forming part of the independent legislation

of the several Cantons. The law of “marriage and divorce” includes

registration of births and deaths, and presents a law which is a

carefully-prepared, scientific whole. The legal age of marriage;

degrees of consanguineous or other relationship; consent of parents;

rules for notice of intention; provision for verifying the facts

alleged; certification both of the fact and means of the dissolution of

a previous marriage, whether by death or divorce; strict requirements

for publication of the banns; restrictions as to locality within which

the marriage must occur; civil marriage made obligatory; and details of

the conditions under which marriages may be declared void and divorces

granted; these constitute some of the main features of the law.

The Constitution, with the evolution through Federal laws made

necessary by it, contains much detail, showing the mind of the

German race therein. It is not confined to an enunciation of general

principles, but determines specifically and at length, with some

confusion of repetition and at times distressing prolixity, many

things which, under a general provision, might have been clearly

interpreted to belong, as the case might be, to either the Federal

or Cantonal authority. It contains a large number of articles which

have no reference to the distribution or exercise of sovereign power,

but which embody general maxims of policy or special provisions as to

matters of detail, to which the Swiss attach great importance, and

which therefore they do not wish to be easily alterable. It goes far

beyond that of the United States in inscribing among constitutional

articles either principles or petty rules which are supposed to have

a claim of legal sanctity. It gives to the Federal authorities power

and supervision over a variety of special interests; a system that may

work well in a small country, but not in one so large as the United

States, with such diversified and local aspects. For these reasons the

text of the Swiss Constitution is not so brief,[27] nor its language so

terse, as that of the United States, which a famous English statesman

has called, “The most wonderful work ever struck off at a given time

by the brain and purpose of man.” The Swiss Constitution leaves little

room for contention in the construction of its phraseology, meaning

the same thing to-day, to-morrow, and forever. Its written provisions,

stipulations, and guarantees leave little room for the exercise of

“doubtful powers.” With such a mass of detail, the Confederation is not

competent to act directly; the execution of much is left to the Cantons

acting under the supervision of the Federal authorities, which only

interfere where the former neglect or refuse to fulfil their obligation.

The repeated and remarkable stipulations of the Constitution, reaching

almost every conceivable exercise of religious action and freedom,

present one of its most marked characteristics and radical departures

from that of the United States. The latter contains only two allusions

to the subject. The first in Article VI.: “No religious test shall ever

be required as a qualification to any office or public trust under the

United States.” The second in the first amendment: “Congress shall

make no law respecting an establishment of religion or prohibiting

the free exercise thereof.” Previous to the Swiss Constitution of

1874 there was no mention of individual religious liberty. That of

1848 guaranteed the free exercise of divine worship to the recognized

confessions, the Roman Catholic and the Reformed (_i.e._, the Church

Reformed by Zwingli and Calvin), but forbade the order of Jesuits. It

is manifest that the framers of the Constitution of 1874 were resolved

to effectually suppress the further exercise of the ecclesiastical

narrowness and sectarian antagonism which, as late as the Sonderbund

War of 1847, disturbed the peace and threatened the stability of the

Confederation. The extreme rigor with which these provisions of the

Constitution are enforced, and the latitude of action given under them

to Cantonal authority, do appear at times to be strained to an extent

deaf to both humanity and common sense. In 1888, “Captain Stirling,” of

the Salvation Army, a subject of Great Britain, was sentenced in the

Canton of Vaud to one hundred days’ imprisonment in Chillon Castle for

attempting to proselyte some children. The appeal made in her behalf to

the Federal Council was refused, and she was compelled to complete the

term of her sentence. Surely no danger was threatened that might not

have been averted by her removal to the frontier, or the offence atoned

for by a slight fine. The case presented an appeal to that unknown

quantity, the Swiss sense of the ridiculous. The sanctity of the law is

all very well; but when the law is one against persons who sing hymns

to children in the street, and its terrors are those of Bonnivard’s

prison, the plot of the drama seems hardly equal to the majesty of the

scene. To put a young lady, for so trivial an offence, under triple

bolts and bars for months is a piling up of the agony which indicates a

singular weakness of dramatic resource. Perhaps the military style of

the movements in these days of alarming concentrations on Continental

frontiers may have invested the “colonels” and “captains” in the

Salvationist train, even of the gentler sex, with undue importance

and alarm. It is difficult to reconcile Federal and Cantonal action

in Switzerland in this and other instances with the spirit of the

inviolability of freedom of faith and conscience guaranteed by the

Constitution. Religious liberty encounters no little restriction and

abridgment in several of the Cantons. Each Canton has still its own

established Church, supported and ruled by the civil magistrate. In

recent times free churches have been founded in Geneva, Neuchâtel,

and Vaud, and are showing a high degree of spiritual vitality and

liberality. It would be better if it could work out an entire

dissolution of the connection between Church and State throughout the

Confederation, and religion be allowed to take its natural course.

The Constitution of Switzerland is a conscious and sagacious

reproduction of the Constitution of the United States, with noteworthy

variations called for by the different conditions of the two

commonwealths. The Government of the United States is one of limited

and enumerated powers; “the powers not delegated to the United States

by the Constitution, nor prohibited by it to the States, are reserved

to the States respectively, or to the people.” The restrictions under

the Swiss Constitution apply mostly to the Cantons. In Switzerland, as

in the United States, there is no single determinate sovereign body

or assembly, or any real sovereign other than the people themselves.

In the Swiss Confederation the popular will does everything; the

legislative power being directly exercised by the body of the people

by way of _Referendums_. In the Republic of France the tendency is

to centralize the direction of public affairs almost entirely in

the Chamber of Deputies. In the United States it is claimed, with

some color of truth, that the initiative and legislation are being

gradually taken away from Congress by a very occult, but authoritative,

government of committees.

The separation of persons and functions is most complete in the

United States; the Constitution enforcing a distribution of powers,

and directly or indirectly the powers of every authority existing

under it are defined, limited, and carefully regulated. In the

Swiss Constitution these respective powers are not at all clearly

distinguished; in fact, they seem to have been purposely left

indeterminate. There are none of the elaborate checks and interlocking

vetoes found in the United States. It is true the Swiss have the

three organs,--a Federal Legislature, a Federal Executive, and a

Federal Court; but they fail in the strict separation of each of these

departments from and its independence of the other. Said John Adams,

“Here is a complication and refinement of balances, which for anything

I recollect, is an invention of our own and peculiar to us.”

There is also an entire absence from the Swiss Constitution of any

provisions touching those personal rights and ancient muniments of

liberty designated as the “Bill of Rights;” such as are contained in

the first ten amendments of the Constitution of the United States;

those fundamental principles that guarantee to the individual a sphere

of liberty upon which the government may not encroach; a branch of

constitutional law which it has been the peculiar province of American

political science to develop. This omission from the Swiss Constitution

may have been for the same reason that it occurred in the original

Constitution of the United States; that these rights were sufficiently

implied and understood in any system of free government. These cardinal

rights are claimed by the Swiss to be expressly provided for in the

Cantonal constitutions. Again, it is held that all these inherent and

indefeasible rights are amply secured by the article of the Federal

Constitution requiring the organic law of the Cantons to “insure the

exercise of political rights after republican forms.”

Hamilton met the objection to the Constitution of the United States

containing no “Bill of Rights,” in the “Federalist” (No. 84), by

saying, “Bills of rights are, in their origin, stipulations between

kings and their subjects, abridgments of prerogative in favor of

privilege, reservation of rights not surrendered to the prince. It is

evident, therefore, that, according to their primitive signification,

they have no application to constitutions professedly founded upon the

power of the people, and executed by their immediate representatives

and servants. Here in strictness the people surrender nothing; and as

they retain everything they have no need of particular reservations.”

But Jefferson expressed the prevalent opinion when he wrote, “The

executive in our governments is not the sole, it is scarcely the

principal, object of my jealousy. The tyranny of the legislatures is

the most formidable dread at present, and will be for many years.”

These restraints upon legislative power have proven most fortunate ones

in the United States; for the provision, “No person shall be deprived

of life, liberty, or property without due process of law,” together

with those provisions which forbid the taking of private property

for public use without just compensation, and the enactment of laws

impairing the obligation of contracts, lies at the foundation of all

constitutional protection of private rights in the citizen. Thus a

body of constitutional law has been formed which is not yet completely

crystallized, but is being daily shaped by the decisions of the courts.

In annexing the “Bill of Rights,” the founders of the government may

not have had a correct idea as to what would be the full effect of its

provisions, but the object they had in view was perfectly clear. They

believed that wherever power was placed, it was liable to be abused.

They intended to restrain the impulse of popular majorities, and more

especially to prevent the legislature from becoming despotic and

tyrannous. But the number of rights which can be effectually protected

by the Constitution is very limited; and the legislature must always

retain sufficient power to disturb seriously all social relations,

if it is determined to make use for this purpose of the means at its

command. The utmost that a constitution can be expected to do is to

protect directly a small number of vested rights, and to discourage and

check indirectly the growth of a demand for radical measures.

The power of the general government in Switzerland, as that of the

United States, extends not merely to those affairs which are turned

over to it by the exact words of the Constitution itself, but also

to the relations whose control by the central government appears as

a necessity for its performance of the duties devolving upon it. In

a comparison of the Swiss Federal polity with that of the United

States, it must be borne in mind that the infinite variety in the

local and otherwise peculiar circumstances of different nations,

produces wide discrepancies between governments bearing a common

appellation. There exists, indeed, but little community of opinion

or uniformity of practice beyond the circumscribed limits of those

maxims in politics which are deducible by direct inference from moral

truths. The great mass of those rules and principles which have a more

immediate influence on practice, and give to government its tone and

peculiar organization, are of a description purely local; deriving

their force from local interests, and therefore, however just, are only

applicable in their full extent to the particular case. Hence it is

that constitutions, nominally and externally the same, have little or

no interior resemblance, and in many instances only so far correspond

as to justify us in referring them to one common standard. The United

States and Switzerland have republican states joined in a republican

union, with a division of powers between states and union approximately

the same; and they present the most completely developed types of

that federalism “which desires union and does not desire unity;” the

same problem upon which all civilized peoples have been working ever

since civilization began,--how to insure peaceful concerted action

throughout the whole, without infringing upon local and individual

freedom in the parts; to reconcile the welfare and security of the

whole with the local claims and diversified institutions of the

component parts. The Swiss Constitution blends these ends harmoniously

in a government not too centralized to act in the interest of the

localities; but a little too closely wedded to routine to adapt itself

to changing conditions. The federative principle implies the existence

of opposing tendencies, active within a superior agency, which is

capable of regulating their mutual aggression, and of securing their

harmony. Over the two historical forces, _Nationalism_ and _Localism_,

the federative principle asserts its supremacy, and gives them

simultaneous, correlated, and adequate expression. Under confederation,

both _Nationalism_ and _Localism_ by different processes increase

each its original determinative strength; and the danger arises that

either alone might force a union of but partial means and incapable of

the highest end. The federative principle by its own creative energy

chooses the time and method of its complete self-assertion, and brings

its factors to the work of “forming the more perfect union.” Thus

_Nationalism_ and _Localism_, though their methods are in constant

warfare, their aim is one,--the good of the individual, who in his dual

relation is an epitome of the controlling principle. A complete harmony

of the two elements of the federative principle can never be realized;

but the tendency is ever towards harmony, thus placing before our hopes

an ideal state. In constructing his ideal republic, Plato rejects

discordant powers and forces which would bring false harmony, and

leaves but two essential elements: “These two harmonies I ask you to

leave,--the strain of necessity and the strain of freedom, the strain

of courage and the strain of temperance.” In a republic, national will

and local self-rule--the one federative principle--constitute true

harmony.[28]

The question of government is a question of the application of means to

an end; that end being, in general terms, the happiness and prosperity

of the people. Government considered as comprehending those laws and

principles which regulate the conduct of the individual in his relative

capacity to the state, being continually present to his mind, must

invariably influence his habits of thinking and acting. The genius of

the organic law, the Constitution, is transfused into the national

mind, and in the character of the citizens we recognize the congenial

spirit of the laws.

The history of the Swiss Constitution is the history of a confederation

of free Cantons, uniting city and rural communities in a common

league; providing at once for separate autonomies, and for confederate

union and government; insuring mutual protection and a national

policy. It represents a wise and politic union; a union constituting

an honorable European state in the full enjoyment of its ancient

franchises; a union of strength and national life and enduring liberty.

Times and circumstances taught their own lesson; civil and religious

establishments were imperfectly produced, roughly moulded, and slowly

improved, but they were adequate to dispense the blessings of a

free government to a brave and artless people, in a state of great

comparative independence and honor, security and happiness.

A constitution is valuable in proportion as it is suited to the

circumstances, desires, and aspirations of the people, and as it

contains within itself the elements of stability and security

against disorder and revolution. Measured by this standard, the

Swiss Constitution is an excellent adaptation to the conditions of

a most varied and composite nationality. With a strong paternal

tendency, the Constitution takes cognizance of the citizen at his

birth by registration, and guarding him through life with legislative

scrutiny, vigilant and minute, it insures him a “decent burial.” Yet

this searching, far-reaching, central authority is administered in

a beneficent and patriotic spirit, with a jealous regard for all the

highest natural rights of man.

Federalism tends to conservatism; it is almost certain to impress on

the minds of citizens the idea that any provision included in the

organic law is immutable and, so to speak, sacred. History shows that

those states have been most stable and prosperous which, in casting

off an old allegiance or in ordering their political constitutions

afresh, made no more changes than were absolutely needful, and did not

violently snap the tie between the old and the new state of things;

that the best form of government will commonly be that which the events

of its history have given it,--a government which has arisen out of

the events and necessities of the country. Switzerland and the United

States are examples of commonwealths whose success has been largely

owing to the comparatively small amount of change which accompanied

their acquisition of independence. Each has that form of government

which the events of its history have made natural for it. In each the

existing political system is founded on the practical needs of the time

and place. Referring to the preamble of the _Declaration of Rights_,

wherein the prayer is made, “That it may be declared and enacted that

all and singular the rights and liberties asserted and declared, are

the true ancient and indubitable rights and liberties of the people

of this kingdom,” Burke says, “By adhering in this manner to our

forefathers, we are guided, not by the superstition of antiquarians,

but the spirit of philosophic analogy. In this choice of inheritance

we have given to our frame of policy the image of a relation in blood,

binding up the constitution of our country with our dearest domestic

ties, adopting our fundamental laws into the bosom of our family

affections; keeping inseparable, and cherishing with the warmth of

all their combined and mutually reflected charities, our state, our

hearths, our sepulchres, and our altars.” Switzerland and the United

States in their organic law and its application, while presenting many

and essential differences, constitute the only two genuine and thorough

republics in existence; and each system better suits the position

of the nation which has adopted it. Switzerland, though beyond all

others a regenerate nation, was still an old nation; above all things

a system was needed which should preserve everything and jeopardize

nothing. She seized on a rare and happy moment, when all the despots

of Europe had enough to do at home, to reform her constitution without

foreign intermeddling; and she formed a system which exactly suits

the position of a small, free, conservative power, ready as ever to

defend its own, but neither capable nor desirous of aggrandizement at

the expense of others. The Swiss have a way of keeping their current

history to themselves; or the outside world has a way of not asking

for it, which is much the same thing. They are unique among civilized

people for the extreme modesty of their claim upon the attention of

mankind. This might imply the highest qualities or the lowest; but no

one who knows anything of the little republic will doubt to which of

them it is to be assigned. She lives, moves, and works without fuss or

friction; and is constantly solving in her own way some of the hardest

problems of politics. She has found out how to maintain perfect peace

between diverse races and conflicting creeds; to adjust and harmonize

discordant views and principles; and preserve to the several elements

of the confederacy a due proportion of constitutional authority. This

difficult task has been accomplished, not indeed without frictions,

not without armed collisions, and not until after many trials and

experiments; but it has been done, and on the whole successfully.

Nothing is so easy as to find fault in every form of government, and

nothing so hard as to show a perfect one reduced to practice. Most of

the plans of government seem to have been formed like houses built

at several times; for as the old parts of them always deface the new

and render them irregular, so upon the establishment of any new frame

something of the old is still preserved and enters into the frame of

the new, which is not of a piece with it, and consequently spoils its

symmetry. No one can look closely into the Constitution of Switzerland

and fail to discover that, in its provisions, the principles of a

democratic confederation find the elements of sound and vigorous health.

Enlightened freedom, governed and secured by law, upholds the fabric

of the Constitution; salubrious streams issuing from education and

patriotism, consecrated by religion, mingle with each other, and

unite in diffusing fertility through every channel of the state. The

everlasting league still lives on, to shame the novel and momentary

devices of the kingdoms and commonwealths which rise and fall around

it.[29]

CHAPTER III.

THE FEDERAL ASSEMBLY.

Bundesversammlung; Assemblée fédérale.

“A legislative, and an executive, and a judicial power comprehend the

whole of what is meant by government.”[30] We find in Switzerland this

general division of powers, with many interesting and instructive

peculiarities, which give the Swiss federalism an individual character.

The need for two chambers in a federal state has become an axiom of

political science. Where there is a twofold sovereignty, that of the

whole nation, and that of the states or Cantons, which are joined

together to form it, each sovereignty must be represented in the

legislature. With the two chambers, one representing the people as

a whole, the other the integral parts as constituent members of the

whole, each element is a check upon the other by the coexistence of

equal authority. By the Constitution of 1874, “With reservation of

the rights of the people and of the Cantons the supreme authority of

the Swiss Confederation is exercised by the Federal Assembly, which

consists of two sections or councils, to wit:

“1. The National Council (_Nationalrath_; _Conseil National_).

2. The Council of States (_Ständerath_; _Conseil des États_).”

Relating to the National Council, the Constitution has eight articles,

viz.:

1. The National Council is composed of representatives of the Swiss

people, chosen in the ratio of one member for each twenty thousand

persons of the total population. Fractions of upward of ten thousand

persons are reckoned as twenty thousand. Every Canton, and in the

divided Cantons every half-Canton, chooses at least one representative.

2. The elections for the National Council are direct. They are held in

federal electoral districts, which in no case shall be formed out of

parts of different Cantons.

3. Every male Swiss who has completed twenty years of age, and who

in addition is not excluded from the rights of active citizenship

by the legislation of the Canton in which he is domiciled, has the

right to take part in elections and popular votes. Nevertheless, the

Confederation by law may establish uniform regulations for the exercise

of such right.

4. Every lay Swiss citizen who has the right to vote is eligible as

member of the National Council.

5. The National Council is elected for three years, and entirely

renewed at each general election.

6. Members of the Council of States, or of the Federal Council, or

officials appointed by the latter, shall not at the same time be

members of the National Council.

7. The National Council chooses from among its members, for each

regular or extraordinary session, a President and a Vice-President. A

member who has held the office of President during the regular session

is not eligible either for President or Vice-President of the next

regular session. The same member may not be Vice-President for two

consecutive regular sessions. The President shall have the casting vote

in case of a tie; in elections, he votes in the same manner as any

other member.

8. The members of the National Council receive a compensation from the

federal treasury.

The qualification of the elector, as above described, is that of being

in the enjoyment of the “active right of citizenship,”--_i.e._, not

excluded from the rights of a voter by the legislation of his Canton.

This also applies to those who have been deprived of their civic rights

by virtue of the penal law, and in consequence of a judicial sentence;

and in some Cantons embraces insolvents and paupers. The limitation

of eligibility to “lay” Swiss citizens does not necessarily exclude

ecclesiastics, as illustrated in a recent case of a Bernese clergyman,

who, being chosen a member of the National Council, simply laid aside

temporarily, by resignation, his clerical robes; should he fail any

time of re-election he may return to the pulpit. Naturalized citizens

are not eligible until five years after they have become citizens. The

provision forbidding a member to hold the office of President for two

consecutive ordinary sessions makes it possible, during the life of

a National Council, for one-fourth of the Cantons (even counting the

half-Cantons) to be honored with this officer; and certainly gives but

little opportunity for the building up of a one-man power, just this

side of absolute. The power of the presiding officer of the National

Council is too insignificant to justify any parallel with that of the

Speaker of the United States House of Representatives. A federal law

regulates in a uniform manner, and by ballot, the election for members

of the National Council; the execution of the law is entirely under

the direction of the Canton, and in immaterial details there is a

great diversity. There are registers in each Commune, in which every

citizen having a vote must be inscribed. These registers are open two

weeks before the day of the election, and close three days previous

to it. In some Cantons, a card from the Commune where the voter is

registered is left at his house; in others, he must present himself

at the proper office and obtain his card. The election takes place on

the last Sunday in October triennially. The polls generally are in the

churches, and no one is permitted to enter except upon the presentation

of the requisite proof as to his right to vote. Candidates must be

elected by an absolute majority of the votes cast. Should there be a

failure of election, a second ballot under the same conditions is had

the following Sunday. If a third ballot becomes necessary, the election

is again repeated the next Sunday, when the _scrutin de liste_ is

restricted to a number not exceeding three times the number of members

to be chosen; and these must be taken in order from those receiving the

largest vote in the previous _tours de scrutin_. In this final trial

the candidate or candidates, as the case may be, having a plurality

are elected. The members are elected on a general ticket,--that is,

“at large” for the district, not for the Canton. These districts are

called _arrondissements_, and the method of voting is known as _scrutin

d’arrondissement_.

The National Council at present consists of one hundred and forty-five

members, apportioned among forty-nine electoral districts. The

number returned from these districts varies from one to five members

each. The Cantons of Uri and Zug, and the half-Cantons of Obwald,

Nidwald, and Inner-Rhoden compose only one district each. Bern has six

districts and twenty-seven members; Zurich, four districts and sixteen

members. Every elector is entitled to vote for as many members as his

district is entitled to, but not cumulatively. A federal census for

the apportionment of representation is taken every ten years. Members

receive a compensation of twenty francs per day (about $3⁸⁶⁄₁₀₀) when

the National Council is in session,[31] and a travelling allowance of

twenty centimes per kilometre (a fraction under .03 per mile). A member

loses his _per diem_ if he does not answer the roll-call at the opening

of the day’s session, unless he should appear later and give to the

secretary a sufficient excuse for his dilatoriness. If subsequently,

during that day’s session, there is a vote by roll-call (_appel

nominal_), or if there is a count of the House to ascertain the

presence of a quorum, the compensation of the members whose absence is

disclosed is forfeited for that day. This law is not a “dead letter,”

but is strictly enforced, and with a frugal-minded people tends to keep

the members in their seats.

The Council of States (_Ständerath_; _Conseil des États_).

The space devoted to the Council of States in the Constitution is

one-half of that given to the National Council, and is comprised within

four articles:

1. The Council of States consists of forty-four representatives of the

Cantons. Each Canton elects two representatives, and in the divided

Cantons, each half-Canton elects one.

2. No member of the National Council or of the Federal Council may be

at the same time a member of the Council of States.

3. The Council of States elects from among its members a President and

Vice-President for each regular and extraordinary session. From among

the representatives of that Canton from which a President has been

elected for a regular session, neither the President nor Vice-President

can be taken for the next following regular session. Representatives of

the same Canton cannot occupy the position of Vice-President during two

consecutive regular sessions. When the votes are equally divided, the

President has a casting vote; in elections, he votes in the same manner

as the other members.

4. Members of the Council of States receive compensation from their

respective Cantons.

The constitution of the two Houses is manifestly borrowed from the

model of the United States; but it is apparent that the Council of

States does not so closely correspond with the Senate of the United

States as the National Council does to the House of Representatives. It

has no such clearly-defined character as the Senate in distinctively

representing the federal feature of the union between the Cantons.

For the mode in which its members shall be elected, the qualifications

which they shall possess, the length of time which they shall serve,

the salary which they shall receive, and the relations they shall bear

to those whom they represent, in fact, every element of their character

as representatives is left to the Canton, and a great variety of

provisions prevail.[32] The small Cantons in which the people assemble

annually (_Landsgemeinde_) have their members elected by this assembly,

by the raising up of hands for such or such a candidate. In other

Cantons, including Zurich, Thurgau, and Basel-rural, the whole Canton

forms but one district for the nomination of the members; the votes

are deposited in the ballot-box of the Commune, and are collected and

counted by a cantonal board. In the Cantons having the representative

system, such as Geneva, Freiburg, Ticino, and Bern, they are chosen

by the cantonal legislative body. The terms of the members vary from

one to three years; twelve Cantons elect for one year, twelve for

three years, with Valais holding to the mean of two years. Their

compensation, paid by the Canton, is the same as that received by the

members of the National Council, with the exception of Geneva, where

it is double the amount, or forty francs. When serving on committees

during recess, the members of the Council of States are paid by the

Confederation. The Vice-Chancellor serves as Secretary of the Council

of States.

The Council of States has no special executive powers apart from the

National Council like the United States Senate; which in some respect

give that body a further strength and dignity of its own. The Swiss

Senate rests solely on its general position as one necessary element of

the federal system. The two branches of the Assembly are co-ordinate,

standing in all respects on an equal footing. The work of each

session, so far as known at its opening, is divided between the two

Houses by a conference of their Presidents. The right of initiative

belongs to each House, and to each member of the Assembly. There may be

a shade of superior consequence and dignity attaching to the National

Council. It is designated first in order by the Constitution, it has a

fixed term of service, and when the two Houses are in joint session,

the President of the National Council takes the chair. In the National

Council are to be found the more ambitious and active men in political

life, for the members of the Federal Council are sure to be chosen

from this body. The members of both Houses equally enjoy the usual

privileges and immunities of members of representative bodies. The

two Houses act separately in all strictly legislative matters; coming

together for deliberation in common only for the exercise of certain

electoral and judicial functions.

The powers of the Federal Assembly are thus set forth in the

Constitution

1. The National Council and the Council of States have jurisdiction

over all subjects which the present constitution places within the

competence of the Confederation, and which are not assigned to other

federal authorities.

2. The subjects which fall within the competence of the two Councils

are particularly the following:

Laws pertaining to the organization and election of federal authorities.

Laws and ordinances on subjects intrusted by the Federal Constitution

to the Confederation.

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