It is this imprescriptible feature of Swiss communal citizenship, so

deeply embedded in the public sentiment of the country and engrafted in

the organic law, that has stubbornly blocked the way to all efforts,

on the part of the United States, to negotiate with that country a

naturalization treaty. Such treaties of reciprocal naturalization

exist between the United States and all the European nations, except

the two absolute monarchies of Russia and Turkey, whereby it is

stipulated that domicile of certain duration and naturalization shall

be recognized by both parties as terminating the previous relation. To

repeated invitations from the United States to Switzerland looking to

the conclusion of a similar treaty, the same answer always came from

the Federal Council,--“The conception of the imprescriptibility of the

Swiss citizenship, closely interwoven as it is with the views of the

Swiss people, and recognized by various cantonal constitutions as a

fundamental right, would make it impossible for Switzerland to conclude

a treaty, whereby a citizen, after a longer or shorter absence, would

lose his Swiss nationality.” In fact, to accede to this request, it

would be necessary to obtain an amendment to the Swiss constitution,

asserting federal control over the question. At present there is no

Swiss citizenship except as it is derived from the Canton and Commune;

and the Confederation is powerless to deal internationally with it.

The Swiss contention that a Swiss who becomes a citizen of any other

country, without specific exemption under the law, is held to the

obligations of Swiss citizenship, does not distinctly embrace the

doctrine of return and domicile _animo manendi_ in Switzerland. The

Swiss Federal Tribunal has even asserted jurisdictional powers with

respect to Swiss naturalized and resident in a foreign country.

The latitude given cantonal and communal officials in the construction

of the federal law of 1876, and the survival of a great body of

antiquated cantonal enactments and communal ordinances, which slowly

and reluctantly yield to federal legislation, complicate and render

almost impossible a compliance with its provisions. It has been held

that a renunciation, though presented in proper form, could not

be entertained, because the party was under “guardianship.” Not a

guardianship under which the law places a minor, but a guardianship

authorized by cantonal and communal laws; under which any improvident

adult citizen may be placed,--and these local officials are disposed to

classify under this head those who emigrate, and propose subsequently

to make a renunciation of Swiss citizenship, specially should any

inheritance fall to them in the Cantons or Communes. These persons are

coerced to return to Switzerland to obtain the possession and enjoyment

of such property; or by prolonged absence permit it to escheat, and

swell the common fund. Again, a very common ground of objection to

renunciation is the alleged fear that the party may at some time, in

the future, return to his native country and become a public charge;

and this is persisted on in spite of the assurance that he has become

a citizen, say, of the United States, a _bona fide_ resident therein,

invested with all the privileges and subject to all the obligations

pertaining thereto, and if from indigence, sickness, or other cause

he should become unable to maintain himself, he has a claim in common

with and to the same extent as other citizens of the United States in

the provisions made by law for persons reduced to that unfortunate

condition, in the State in which he might happen to reside at the time

of such contingency. In a recent case (1889), that of “Carl Heinrich

Webber (of Philadelphia) vs. The City Council of Zurich,” the plaintiff

had left Switzerland during his minority, and in due course of time

was naturalized in pursuance of the statute, and desired to secure

possession of his property in Zurich for purpose of transfer to the

United States. This was resisted by his guardian, on the ground that

while his renunciation in its preparation and presentation met the

requirements of the law, still he had left Switzerland without the

consent of his guardian, and therefore could not legally acquire the

domicile in the United States necessary for naturalization there.

This plea of the guardian was sustained by the Council of Zurich, and

Webber denied his property. On an appeal to the Federal Tribunal, this

decision was overruled, only on the ground that the guardian had given

an implied assent to the young man’s change of domicile; the court

adding that otherwise the plea, as made and sustained by the lower

court, would have been affirmed.[62] The judicial doctrine, which so

long obtained, that no one could expatriate himself without express

authority of law, has given way, in principle and practice, to the

natural and fundamental right to transfer allegiance, and that every

man should be allowed to exercise it with no other limitation than the

public safety or interest requires. The sound and prevalent doctrine

now is that a citizen or subject, having faithfully performed the past

and present duties resulting from his relation to the sovereign power,

may at any time release himself from the obligation of allegiance,

freely quit the land of his birth or adoption, search through all

the countries a home, and select anywhere that which offers him the

finest prospect of happiness for himself and posterity. This right

rests on as firm a basis and is similar in principle to the right

which legitimates resistance to tyranny. Two elements, each equally

important, enter into expatriation,--the one is emigration out of

one’s native country, and the other is naturalization in the country

adopted. All lexicographers and all jurists define naturalization in

one way. In its popular etymological and legal sense, it signifies the

act of adopting a foreigner and clothing him with all the privileges of

a native citizen or subject. This naturalization cannot do under the

Swiss contention; for the national allegiance of the Swiss cannot be

thrown off and another substituted in its place without the assent of

the sovereign holding the former. Naturalization in a foreign country

should operate, from the time of its completion, as an extinguishment

of the original citizenship; it should work absolute expatriation in

law as it does in fact. A citizen who has in good faith abjured his

country and become a subject of a foreign nation should to his native

government be considered as denationalized; leaving it to the law of

the land of his birth, whether or how he shall become repatriated. As

forcibly expressed by a former Secretary of State at Washington: “The

moment a foreigner becomes naturalized, his allegiance to his native

country is severed forever. He experiences a new political birth,--a

broad and impassable line separates him from his native country.”

The right of expatriation is fully and positively established in the

United States, by an act of Congress, in these words: “Whereas, the

right of expatriation is a natural and inherent right of the people,

indispensable to the enjoyment of the rights of life, liberty, and

the pursuit of happiness; and, whereas, in the recognition of this

principle, this government has frequently received emigrants from all

nations, and invested them with the right of citizenship; and, whereas,

it is claimed that such American citizens, with their descendants,

are subjects of foreign states, owing allegiance to the governments

thereof; and, whereas, it is necessary to the maintenance of public

peace that this claim of foreign allegiance should be promptly and

finally disavowed; therefore any declaration, instruction, opinion,

order, or decision of any officer of the United States, which denies,

restricts, impairs, or questions the right of expatriation is declared

inconsistent with the fundamental principles of the republic.”

Naturalization in the United States is a valuable privilege, which

is considerately granted to those who desire its advantages and are

willing to undertake its duties. The process is a decree of a court of

record, upon the satisfactory establishment by the applicant of his

lawful eligibility to the privilege of their nationality. The United

States cannot admit of qualified naturalization, subject to the consent

of the country of origin; nor can the United States Courts, in which

the judicial power of naturalization is vested, take cognizance of the

consent of a foreign state as a precedent condition to naturalization.

The admissibility of a change of allegiance in the United States,

without any co-operation or consent of the country of origin, is

plainly implied from the very statute itself; which requires conditions

of residence, of personal character, of publicity, and of abjuration

under oath of allegiance to every other government, and especially

to that of the country of birth, with sworn allegiance to the United

States. These are all indispensable for the completion of an act of

expatriation, and no more; and he who is in this manner endowed with

the nationality of the United States, thereby dissolves all ties of

native allegiance, and is clothed with all the rights and privileges

that pertain to a native citizen, and entitled to the same degree of

protection whether at home or abroad.

Citizenship is an attribute of national sovereignty, and not merely

of individual or local bearing. It is a sacred right, full of grave

consequences, granted with solemn formalities, and its existence should

always be well defined and indisputable. Between friendly States,

naturalization and expatriation should be reciprocal; and with an equal

measure of obligation. Conventional adjustment is alone adequate to the

removal of the most prolific source of constantly-recurring friction

and tension, inevitable, in the absence of treaty stipulation.

The persistency of Switzerland upon this question in a policy so much

at variance with all the liberal views of civilized nations, exhibiting

a stubborn conservatism and irrational disinclination to change her

laws to meet generally accepted principles and the requirements

of her external relations, might well subject the Swiss to the

characterization, applied at one time by Cobden to the English people,

as “the Chinese of Europe.”

All laws controlling States in their relations with one another are the

slow result of growth, coming from an ever-increasing and ever-varying

necessity; rendering any assumption of logical consistency not only

impossible, but in many instances wrong, if not dangerous, to the

inevitable concurrence of doctrines demanded by general usage and

international amity.

CHAPTER XI.

LAND LAW AND TESTAMENTARY POWER.

There can be no better security for the stability of the institutions

of a country than by enlisting a large number of the people in their

support, by giving them a stake in the prosperity of the soil. It is

the highest public interest that landed property should easily get

into those hands by which it can be turned to the best account; that

the title to property in land should be sure and incontestable; and

that there should be no legal obstacle to the subdivision of land,

when the natural economy tends to it, so that the number of small

land-owners shall not be artificially reduced by imperfection in the

law. The larger the number of land-owners in a country, the more who

have an interest in the soil they till, the more free and independent

citizens there are interested in maintenance of public order. There

is no ballast for a man like that of having a little earth, his own,

about his feet. Cultivating his own field, growing a part of his

food-supply, lodged under his own roof,--these make life pleasanter

and labor lighter. The thoughts, feelings, lives of those who live

under these conditions are of a higher order than the thoughts, the

feelings, the lives of those who do not. Property is the essential

complement of liberty. Without property man is not truly free. Whatever

rights the political constitution may confer upon him, so long as he

is a mere tenant he remains a dependent being; a free man politically,

he is socially but a bondsman. There is no country in Europe where

land possesses the great independence, and where there is so wide a

distribution of land-ownership, as in Switzerland. The 5,378,122 acres

devoted to agriculture are divided among 258,639 proprietors, the

average size of the farms throughout the whole country being not more

than twenty-one acres.[63] The facilities for the acquisition of land

have produced small holders, with security of tenure, representing

two-thirds of the entire population. There are no primogeniture,

copyhold, customary tenures, and manorial rights, or other artificial

obstacles to discourage land transfer and dispersion. No entails

aggregating lands and tying them up, so that no living person shall

be full owner, but a mere tenant for some unborn child. No family

settlements with “tenants in common in tail,” with “cross-remainders in

tail,” till some tenant-in-tail reaches the age of twenty-one years,

when he may be able with the consent of his father, who is tenant for

life, to bar the entail with all the remainders. There is no belief,

in Switzerland, that land was made to minister to the perpetual

elevation of a privileged class; but a wide-spread and positive

sentiment, as Turgot puts it, that “the earth belongs to the living,

not to the dead;” nor, it may be added, to the unborn. The natural

forces of accumulation and dispersion are not hampered by ninety-nine

years building leases, perpetual and irredeemable rent, or heavy

expense of conveyance; but are in every way encouraged, simplified, and

facilitated by the laws federal and cantonal. The wars of the fifteenth

and sixteenth centuries exercised, indirectly, considerable influence

on Swiss land tenure, by breaking up the large properties--monastic,

conventual, and private--which had for some time been steadily

augmented; and produced a reaction in favor of gradual redistribution.

This wider dissemination of land among the people was carried on

without rudely shocking or violating proprietary rights, as far as the

few recalcitrant owners permitted it to be done; certainly with not a

tithe of the legislative injustice or coercion, with which a greater

part of these accumulations had been made. It is from this period that

the existing system of land tenure in Switzerland may be said really

to date. The feudal rights asserted by certain Cantons over others,

which took the form of landed charges, were all swept away at the

time of the setting up of the Helvetian Republic, in 1798. Since the

commencement of this century, and especially since the constitutions

of 1830 were framed, the land throughout the whole of Switzerland has

been completely emancipated,--the system of peasant proprietorship

working side by side with that of small tenant farmers. The survival

of the Commune, intact with its various property rights in fee-simple

and usufruct, does not conflict with or impede the general tendency to

discourage the centralization of landed property in the hands of the

few. For it has come to be axiomatic with the Swiss that the effort to

acquire land is the mainspring of the life of the peasant, the root

of his industry, of his painstaking, frugal, and saving life. The

solid, sterling elements of the Swiss peasant’s character are traced

by all the native writers to their source in the educative power of

property,--property in land.

There exists no federal land code in Switzerland. Contracts relating

to the sale and purchase of lands, easements, and mortgages are

governed by the law of each Canton. In general, all questions as to the

devolution of property, by will or upon intestacy, are regulated by the

Cantons, and not within the competence of the Confederation. There is

an official survey containing a plan of each Commune, with the parcels

of land, their areas, annual values, and peculiarities indicated, of

which any one may have a copy under a fixed schedule of charges. The

federal code of obligations, adopted in 1861, contains twenty-five

articles relating to leases of land. It was claimed at the time of the

passage of this law, by some of the ablest lawyers, to be an assumption

by the government of a very doubtful power, an interference with the

ownership of the soil, and the infringement of an exclusive right

guaranteed to the Cantons. The friends of the measure contended that

its provisions did not involve the title or ownership of realty, but

only had to do with the rights of persons, which clearly fell within

the competency of the Federal Assembly. This view obtained. While

it is difficult to examine this elaborate act and its far-reaching

provisions, without a conviction that it bears a very close and strong

relation to the ownership of soil, in the popular apprehension of that

term, still its satisfactory operation has silenced all opposition,

and it is now believed to be accomplishing desirable ends that could

not otherwise be so efficiently done. It may be of interest to note

some of the leading provisions of this law. All contracts for leases

are required to be written. If the farm be delivered to the tenant

in a condition unsuitable for the purpose for which it was rented,

the tenant may renounce the lease. If deteriorations or restrictions

not mentioned in the covenant take place, without the tenant’s fault,

he may demand proportionate reduction of rent or renounce the lease,

if proper restitution is not made within a reasonable time. Urgent

repairs of any kind, required during the lease, are to be made by the

tenant. The lessor has the right to retain all the movables belonging

to the farm, as security for the payment of his rent, for the past

current year. This, however, does not include effects, which, under

the laws relating to debt and bankruptcy, are exempt from execution.

The lessor has the right to appeal to the authorities to compel a

tenant, who threatens to abandon the farm before paying the rent, to

leave property behind him on the place in value sufficient to cover the

amount due. A tenant cannot be relieved from rent when, through his own

fault or even from any accident in which he was directly concerned,

he is unable to enjoy the use or benefit of the lease. If implements,

stock, etc., are included in the lease, each party must furnish the

other with a specific inventory duly subscribed, with an estimate of

their value. The lessor must bear the expense of any repairs, on a

large scale, which may become necessary during the lease, as soon as

he receives notice of such from the tenant. The tenant must make a

conscientious use of the land, according to the stipulations of the

lease, and especially to keep it in a good state of cultivation. The

tenant cannot alter the existing mode of cultivation or cropping to

the damage of the land or the prejudice of a subsequent lease. He must

conform with all local laws and customs as to paths, foot-bridges,

ditches, dikes, hedges, roofs, aqueducts, etc., and must replace all

implements and tools of small value which may have become worn out.

The tenant cannot underlet without consent of landlord, regardless of

duration of lease. In absence of special agreement as to payment of

rent, it must be paid according to the local custom, and in event of

extraordinary accident by which he loses a considerable portion of

his year’s product, if in no way due to any fault on his part, and

if not covered by insurance, or taken into consideration in fixing

the rent, he may demand a proportionate reduction. In the absence of

agreement or well-defined custom, each party has the right to give the

other notice, which as to the land must be at least six months before

the 11th of November. With this notice in cases of long leases, where

circumstances arise to render its continuance intolerable to either

party, it may be terminated, with an equitable indemnity to the other

party; this indemnity, even when referred to the courts for adjustment,

must not be less than one year’s rent. If, on the expiration of the

lease, the tenant remains in possession with the landlord’s knowledge

and without his objection, the lease will continue in force from year

to year, until the six months’ notice is given by one of the parties.

When a tenant fails to pay his rent at the time it falls due, the

lessor may give him notice that if not paid within sixty days the lease

will be cancelled; in that event the tenant loses his right to the

growing crops, but he must be reimbursed for the expenses incurred in

their cultivation, to be credited on arrears of rent. The lessor has

the right to cancel a lease when the tenant neglects to keep the farm

in good order; or if, after receiving notice, he fails to execute any

necessary repairs within the period designated by the landlord. In

event of a tenant’s bankruptcy, the lease expires _ipso facto_, when

such bankruptcy is declared. At the expiration of a lease the tenant

must hand over the farm and everything specified in the inventory, just

as they are at the time of delivery, with indemnity for any injury

resulting from want of proper care on his part; and no compensation is

due him for improvements merely the result of ordinary care. The tenant

must leave on the land the straw and manure of the preceding year; if,

however, it exceeds what he received when taking possession, he can

claim compensation for the difference. The outgoing tenant, at the

expiration of the lease, has the right to compensation for any increase

on the original valuation of the farm which is the fruit of his labor

and outlay; this is sometimes ascertained to a nicety by means of a

system of chemical testing of the soil.

It seems almost incredible that a federal law should be so

circumstantial, rather than lay down the general principles upon

a question of the lease of land and leaving it to the Cantons or

Communes to supply the details, in conformity with the varying local

elements that must enter into it, from the great diversity of soil,

products, and customs. This law is but another illustration of that

patient and minute exactness which distinguishes all Swiss federal

legislation, aiming to cover every possible contingency that may arise

of construction or enforcement.

It is to the cantonal civil codes we must turn for the body of the land

laws. These codes appear to be derived from three distinct sources,

corresponding with the ethnical division of the people,--the Roman,

the Old Germanic, and the Napoleonic codes. The Cantons of Geneva,

Neuchâtel, and the western portion of the Canton of Bern, known as

the Jura-Bernois, have the code Napoleon almost in its entirety. The

codes of Vaud, Freiburg, Valais, and Ticino are based on the old Roman

law, harmonized in some features with the code Napoleon. The Cantons

of St. Gallen, Appenzell, Uri, Schwyz, Obwald, Glarus, and Basel-Stadt

are still governed by ancient statutes or customs, without any defined

codes. The remaining Cantons, constituting what is known as German

Switzerland, have their land laws framed on the old Germanic code, with

an admixture of the code Napoleon. There were no cantonal land codes

previous to 1819; the oldest one, that of Vaud, dates from that year.

A summary of the law, in a few of the representative Cantons, will be

sufficient.

Bern has two separate codes; the western or Jura district having

adopted the code Napoleon, while the other portion of the Canton

still adheres to the old Germanic code, with some alterations and

improvements grafted on to it. The sale of land is absolutely free and

unrestricted; the only formality consisting of a contract drawn up and

signed by both parties and deposited at the cantonal registry office,

for which there is a small registration fee, divided between the Canton

and Commune. The ordinary duration of an original lease is from five to

ten years. The lessee is in no way bound to any particular rotation of

crops, and any attempt to exhaust the soil unfairly is very unusual.

The outgoing tenant must deliver to his successor the farm in no worse

condition than that in which he found it; and if the requisite amount

of manure, etc., is not forthcoming, he must replace the deficiency.

Only one-third of the landed property is at the absolute disposal

of the testator, the remaining two-thirds must be divided in equal

portions among the children. The only way a testator may favor a child

is to bequeath to him that portion (one-third) which the law allows him

to dispose of _ad libitum_, as an addition to his distributable share.

Should, however, the wife survive her husband, she enjoys the absolute

use of all of his property for her life, with no power to alienate or

deal with it in any way, save with the consent of the Committee of

Wards, a body to be found in every Bernese Commune. Failing of wife

or children, the property is divided equally among the heirs at law,

should there be no will disposing of the available one-third. There is

an exception, not embodied in the code, but founded in an immemorial

custom, which prevails in the extensive valley of the Emmenthal, where

the youngest son inherits by right all the landed property at the

decease of both parents, subject to an annual indemnity paid to his

brothers and sisters, who in this way hold a preferred lien on the

land. The origin of this custom is thus explained: Motives of safety

formerly induced the proprietors of land to live within the walls of

Bern, where they had their house and establishment, which passed to

the eldest son, instead of land. The custom has held together the

exceptionally large farms in this valley, some running up to a hundred

and fifty acres each.

In the Canton of Vaud the sale and acquisition of landed property are

as unrestricted as in that of Bern. One-half of it is at the disposal

of the testator, the other half must go to the children in equal

proportions. Failing of issue, and if the deceased dies intestate, and

be unmarried or a widower, his brothers and sisters succeed to half

of the property and his parents to the other half. If none of these

members of the family survive, the property is divided equally among

the ascendants in the paternal and maternal line. In this Canton,

where the breeding of cattle forms so important an industry, certain

legislation closely allied to the occupation of the soil is worthy of a

passing notice. This is known as _Cheptel_,--the contract by which one

party undertakes to supply another with a certain number of cattle to

tend and feed under specified conditions. The _Cheptel_ is of several

kinds. In one, the hirer has the right to the milk, work, and manure of

the cattle, the increase and loss being equally divided. It is illegal

for the two parties to enter into any contract by which the hirer

undertakes to bear all losses. Then there is _Cheptel à moitié_,--where

two owners of cattle, who do not possess a sufficient number to lease

them, each on his own account, join together and lease their stock to a

third party, sharing the profit and loss with him on the same condition

and terms as in the case first described. The third class of _Cheptel_

is where the tenant farmer rents the landlord’s cattle in conjunction

with the farm, on the condition of his taking all risks, and that

when the lease expires he shall leave behind a herd of cattle of the

same value as that at which the original herd was estimated; all the

profits from these cattle go to the farmer until the lease expires;

the manure, however, belongs to the farm, and must be used for its

exclusive benefit.

In the Canton of Basel the testator can only dispose of that part of

his estate which falls to his heirs. If those heirs be children, he may

by will deprive them of at most one child’s interest or share, not in

any case to exceed the fourth part of the entire estate. If the heirs

be parents, he can dispose of one-half of the estate, or more by the

assent of the latter, written and properly authenticated. If the wife

survives, she is entitled, in the absence of a marriage settlement,

to two-thirds of the estate. A marriage settlement may entirely annul

the operation of the community of property which otherwise prevails.

In this case the entire estate of the deceased husband or wife falls

to the heirs. Sons and daughters share alike. Brothers and sisters are

regarded alike whether both or only one of the parents are the same.

In the absence of descendants, parents share equally as heirs; if one

of the latter is deceased, the survivor takes the whole. Descendants

of a deceased heir, who are within the fifth degree of consanguinity,

share equally the part which would have fallen to their ancestors.

Illegitimate children inherit from the mother, but not from the father,

unless legitimated by marriage of the parents.

In the Canton of St. Gallen a testator, in case he leaves but one

child, can dispose, by a will or otherwise, of one-half of the

property; if two children, only one-third; and if three or more, not

more than one-fourth. In event of having no legal heirs, he may dispose

of three-fourths of his property, the remaining one-fourth passing to

the Canton. If the heirs be father, mother, or other near relations,

he is not permitted to dispose by will of more than one-half. If there

are relations beyond that degree, and within the tenth degree, he

may dispose of two-thirds. If the wife survives, she is entitled to

one-half the estate; however, if there be children also, then the wife

takes only a child’s part. Sons and daughters share alike, with this

modification: the sons have the preference of the real estate; tools

and implements, if they are mechanics; books or libraries, if they are

professional men; for which, however, they must pay a fair price to the

other heirs. Two per cent. of all property disposed of by will goes to

the Canton. Any person eighteen years old and of disposing mind may

make a will. Every will must be attested by three witnesses, two of

whom must be able to write their names. A woman’s property brought into

the marriage remains her property; the interest only to be appropriated

by the husband for the benefit of the family.

In the Canton of Zurich there is no limitation as to right of testator

to dispose of his property by will, except as to interest of surviving

wife. When the wife survives she is first entitled to withdraw the

property she brought into the marriage, also the household furniture,

in case it does not exceed one-fourth of the net estate; and if there

be children, she takes the usufruct of one-half of the estate, or the

fee-simple of one-eighth; if there be no children, but parents of

the deceased living, she takes the usufruct of the whole estate, or

fee-simple of one-fourth; if only grand-parents living, the fee-simple

of one-half and the usufruct of the other half. If the wife marries,

the usufruct is reduced one-half. As to sons and daughters,--in

the father’s estate the sons have a preferred right to take the

real estate, with the appurtenances, against payment of a moderate

valuation; sons also have a preferred right to take the property

pertaining to the paternal industry, such as tools, professional

implements, cattle, etc., without, however, any deduction from the

actual value thereof; sons take without compensation the paternal

wardrobe, arms, outfit, and seal. Family records go to the oldest son

without charge. The common paternal inheritance is divided equally

among sons and daughters. In the maternal estate the clothing, house

linen, and washing utensils go to the daughters without charge; also

the jewelry, valuables, and savings of the mother, if they do not

exceed in value five-one-hundredths of the estate, any excess over that

must be paid for by them. The common maternal inheritance is divided

equally, but the sons have the preference of the real estate, against

payment of its full value.

In the Canton of Geneva the code Napoleon, or _Code Civil Français_,

substantially exists, that Canton having been a part of the French

_Département du Léman_ from 1798 to 1814.

The notion of family co-proprietorship prevails extensively in the

German Cantons, and testamentary power is much limited. In 1865 the

Canton of Appenzell relaxed so far as to decree that it was an anomaly

in this day of advanced civilization that a free citizen who enacted

laws for himself (referring to the Landsgemeinde of the Canton)

should be fettered, as in the benighted times of the past, in his

testamentary powers, and that, therefore, he should thenceforward have

the right to dispose by will of _one-fiftieth_ of his property, if he

had children, and of _one-twentieth_ if he had none. In the Canton

of Zurich, previous to the Bluntschli’s code, those who had children

were obliged to leave them all their property, and, failing of issue,

the relations, of whatever degree, had a right to their legitimate

share. In Glarus the consent of the heirs is necessary before the

smallest legacy can be made by the testator. In the Canton of Nidwald

the question of the validity of a legacy is submitted to a jury, who

are empowered to decide whether such legacy is just and in conformity

with the position of the testator, the testator’s children, and the

legatee. The three Cantons of Schaffhausen, Thurgau, and the Grisons,

which place restrictions on the free disposal of inherited property,

are more liberal as to acquired property. In Southern Switzerland,

except in the Cantons of Freiburg and Valais, the law goes so far

as absolutely to forbid special contracts made with regard to

successions,--except in the case of husband and wife,--so that the

testamentary power may remain free and untrammelled as to all property

at the disposal of the testator when he comes to die. There is a

manifest tendency to facilitate the disposal by will of property in

general, in view of the more extended movements of the population, and

the consequent dispersion of family. The laws of enforced succession

are being gradually modified or repealed. In point of fact, the Swiss

laws make little or no distinction between real, personal, and mixed

property in connection with testamentary power, and there is a vast

dissimilarity in the legislation and practice of the several Cantons.

Through all the varying degrees, in almost every Canton, there will

be found some limitation to parental freedom of bequest intervening

for the protection of the child. In some a distinction is made

between inherited and acquired property, but it is the same principle

asserting itself, the “_légitime_,” the portion secured by law to the

heir,[64] over which the testator is forbidden to exercise the power of

disposition, and under the term “children,” by some cantonal codes, are

included descendants of whatever degree, who, however, take together

as representatives of the stock from which they spring. No such

thing as a law of entail exists in any Canton. In reference to these

restraints on the power of bequeathing property by will, which at one

time existed in all the continental states, and in France restricted

within the narrowest limits, Adam Smith wrote: “By interfering to so

extreme an extent in the disposal of a man’s property, it lessens the

motives to accumulation; while, by rendering the children in a great

measure independent, it weakens the parental authority, and has the

same mischievous operation over an entire family that the law of entail

has over a single child. This, however, is not its worst effect. This

and every similar system inevitably tends to occasion too great an

increase of agricultural population, and to reduce landed property into

portions so minute that they neither afford sufficient employment to

the families occupying them nor allow of their being cultivated and

improved in the best and most efficient manner.” A few Cantons have

become alarmed at this infinitesimal subdivision of their soil, as

prejudicial to agricultural enterprise and causing emigration to take

place from the pastoral districts. The Cantons of Aargau, Thurgau,

and Solothurn have passed laws fixing the limit to the subdivision

of land at a minimum ranging from five thousand to twenty thousand

square feet. The excess to which subdivision may run is illustrated in

the Canton of Bern, where a case is reported of a cherry-tree in the

Oberland found to belong to seven different proprietors; and it is also

related that the people of that section are distinguished for being so

stiff-necked in sticking for their rights that an article of furniture

has been known to be sawed into so many parts that each member of a

family might have his share. Notwithstanding the opinion of political

economists, the Swiss know that this subdivision has worked as an

efficient auxiliary in making their soil a source of national comfort

and well-being, and a barrier against land accumulation to prop up a

ruling class, so common in many of her neighbors. No sort of social

distinction or political privilege is associated with land-ownership in

Switzerland. The cultivator, who, as a rule, is the proprietor,--for it

is rare to find a farm which is not worked by the owner,--is shorn by

neither rent nor taxes. The land fulfils its duty and guarantees the

tiller a fair enjoyment of the produce, a fair share in the sheaves

he reaps. Poets, historians, and philosophers, who love to dwell on

the simple virtues of the children of nature, find their Utopia in

Switzerland, where the households, each with its little tract of land,

represent a larger proportion of the population than can be found

in any other country. This distribution of small properties among

the peasantry forms a kind of rampart and safeguard for accumulated

property in other forms. It may be called the lightning conductor that

averts from society dangers which might otherwise lead to violent

catastrophes. The concentration of land in large estates among a small

number of families, is a sort of provocation of levelling legislative

measures. There are no influences more conservative, or more conducive

to the maintenance of order in society, than those which facilitate

the acquirement of property in land by those who cultivate it,--“’Tis

wonderful sweet to have something of one’s own.”

There is no influence fraught with more danger than that which

concentrates the ownership of the soil in the hands of the few, by

impediments, legal or fiscal, to prevent lands freely passing from

the hands of the idle into those of the industrious. Neither extreme

poverty nor extreme opulence is the thing to be desired. Pauperism and

plutocracy alike are the parents of vice in private and revolution

in public life. The genius of revolution truly exclaims, “With

wings twain do I fly;” of these wings one is discontented labor,

the other is over-reaching wealth. The system of the subdivision

of the soil among a multitude of small proprietors, for the most

part energetic, industrious cultivators of their own holdings, is

eminently conservative in its influence, and contributes in no small

degree towards maintaining the national spirit of independence and

self-reliance, the happy and contented condition of the Swiss peasant

proprietors; at once the strength and the safety of the Confederation.

This Swiss peasant has not only the responsibilities of a capitalist

on a small scale, but also those qualities of foresight, thrift, and

sobriety that such responsibility inspires. He has his home with the

dignity, stimulus, and all the civilizing influence of ownership.

“A great proprietor is seldom a great improver.” Private appropriation

of land is deemed to be beneficial; because the strongest interest

which the community and the human race have in the land is that it

should yield the largest amount of necessary or useful things required

by the community. The spectre of “excessive subdivision” of the soil,

once so potent an influence, has lost all its terror. It was Cobden

who wished to remove all remonstrances to the easy and economical

transfer of land, and to develop a process by which, under the natural

operation of a free exchange, the laborer might be re-settled on the

soil from which, in his energetic and suggestive phrase, the “laborer

had been divorced.” It was Mill who, in his powerful chapters on

peasant proprietors, clearly showed that “free trade in land” was the

condition under which the economic good of man can be best effected;

that a small or peasant proprietary is the most thriving, the most

industrious, the most thrifty of cultivators, and that under small

free holdings the capacities of the soil are developed to the fullest

possible extent, and the rate of production raised to the very largest

amount. Those who fancied that peasant proprietors must be wretched

cultivators have seen that some of the best agriculture in the world

is to be found in Switzerland, where such properties abound.[65]

These peasant proprietorships have neither bred over-population nor

converted the country into a “pauper warren.” The existence of peasant

properties has come to be regarded by philanthropists as eminently

desirable, and the removal of all obstacles to it has become an aim of

advanced politicians. Daniel Webster, in an address delivered before

the Massachusetts Constitutional Convention in 1821, referring to the

relation of civil liberty to property, as regards its security and

distribution and that the degree of its distribution settles the form

of government,--aristocratic, if the property is held by the few, and

popular, if held by the many,--said in reference to France: “A most

interesting experiment, on the effect of a subdivision of property,

is now making in France. It is understood that the law regulating the

transmission of property in that country now divides it, real and

personal, among all the children equally, both sons and daughters;

and that is, also, a very great restraint on the power of making

dispositions of property by will. It has been supposed, that the effect

of this might probably be, in time, to break up the soil into such

small subdivisions, that the proprietors would be too poor to resist

the encroachments of executive power. I think far otherwise. In respect

to this recent law of succession in France, I would, presumptuously

perhaps, hazard a conjecture, that if the government do not change

the law, the law in half a century will change the government; and

that this change will be, not in favor of the crown, as some European

writers have supposed, but against it. These writers only reason

upon what they think correct general principles in relation to this

subject. They acknowledge a want of experience. Here we have had the

experience; and we know that a multitude of small proprietors, acting

with intelligence, and that enthusiasm which a common cause inspires,

constitute not only a formidable, but an invincible power.”

Just fifty years from the date of Mr. Webster’s prophecy the present

republic was set up,--the government not having changed the law, the

law changed the government. It is this race of peasant proprietors

that has given France her wonderful recuperative power, enabling

her to emerge again and again _per varios casus, per tot discrimina

rerum_. From them her national life receives a vigor and unity which no

reverses seem to dominate and no blunders to ruin. Upon them she must

rely for the maintenance of her liberties, so gloriously conquered in

the past and embodied in her present institutions.

If men have but some share of comfort and property in the country,

they will abide there, for that is really the place provided for them.

“Towns, the haunt of pride, luxury, and inequality, foster the spirit

of revolt: the country begets calm and concord, the spirit of order and

tradition.” Under the old Roman system the city was the important unit;

under the Teutonic element the land was brought into prominence and

the possessor of it into power. The dominant member of society was the

landowner and not the citizen. In ancient society the “citizen” need

own no land; in the modern society of the feudal age the “gentleman”

could not be such without owning land.

CHAPTER XII.

MILITARY SERVICE AND ORGANIZATION.

Attached alike to liberty and to arms, the Swiss are no less famous

for their undaunted intrepidity than their simple and pure democracy.

From early times the hardy mountaineers of the Alps were eminently and

splendidly martial. History is full of their steadiness and bravery on

the field of battle. When Rome was in its highest military glory, its

armies under the Consul Lucius Cassius were routed by the Helvetians

on the shores of Lake Leman, 111 B.C. The two armies are supposed to

have met about where the Rhone falls into the lake, and the conquerors

of all Italy, the masters of Greece and Macedonia, who had carried

their victorious armies over Asia and Africa, were overcome by a people

hitherto unknown. Julius Cæsar speaks of their “military virtue and

constant warfare with the Germans.” Livy and Tacitus refer to them as

a people originally of the Gallic nation, “renowned for their valor

and their exploits in war.” About the middle of the fourteenth century

attention began to be attracted towards these mountaineers, and great

was the wonder that cavalry, which made the only effective part of the

federal armies of those ages, should be routed by men on foot; that

warriors sheathed in complete steel should be overpowered by naked

peasants who wore no defensive armor, and were irregularly provided

with pikes, halberds, and clubs, for the purposes of attack; above all,

it seemed a species of miracle that knights and nobles of the highest

birth should be defeated by mountaineers and shepherds. The repeated

victories of the Swiss over troops having on their side numbers and

discipline, and the advantage of the most perfect military equipment

then known and confided in, plainly intimated that a new principle

of civil organization as well as of military movements had arisen

amid the stormy regions of Helvetia. The signal victory over Charles

the Bold of Burgundy, in which they routed the celebrated Burgundian

_ordonnance_, constituting the finest body of chivalry of Europe,

demonstrated their capacity as infantry. This, no doubt, contributed

to the formation of that invincible Spanish infantry which, under the

Great Captain and his successors, may be said to have decided the fate

of Europe for more than half a century. The “Swiss whiskered Infantry”

became distinguished in all the continental wars by pre-eminent valor

and discipline. Their principal weapon was a pike about eighteen feet

long; and, forming in solid battalions, which, bristling with spears

all around, received the technical appellation of the _hedgehog_, they

presented an invulnerable front on every quarter, and received unshaken

the most desperate charges of the steel-clad cavalry on their terrible

array of pikes. In the Granadine war (1484), among the volunteers that

flocked to the Spanish camp was a corps of Swiss infantry, who are thus

simply described by Pulgar: “There joined the royal standard a body of

men from Switzerland, a country in upper Germany; these men were bold

of heart and fought on foot. As they were resolved never to turn their

backs upon the enemy, they wore no defensive armor except in front,

by which means they were less encumbered in fight.” The astonishing

success of the French in the Italian wars (1494) was largely imputable

to the free use and admirable organization of their infantry, whose

strength lay in the Swiss soldiers they had. Machiavelli ascribes

the misfortunes of his nation chiefly to its exclusive reliance on

cavalry; this service, during the whole of the Middle Ages, being

considered among the European nations so important that the horse

was styled by way of eminence “the battle.” The arms and discipline

of the Swiss were necessarily different from those of other European

nations. The hill-sides and the mountain-tops and the deep valleys of

Switzerland have felt as frequently as any part of Europe the mailed

footstep of the warrior, and run as red with his blood. Zschokke, in

his history, remarks that, in its wars of the last five hundred years,

but particularly those growing out of the great French revolution,

“battle-field touched battle-field.” During the long struggle for their

liberties, they found that their poverty, with at that time a barren

and ill-cultivated country, put it out of their power to bring into

the field any body of horse capable of facing the enemy. Necessity

compelled them to place all their confidence in infantry. With

breastplates and helmets as defensive armor, together with long spears,

halberds, and heavy swords as weapons of offence, they formed into

large battalions, ranged in deep and close array, presenting on every

side a formidable front to the enemy. They repulsed the Austrians,

they broke the Burgundian Gendarmerie, and, when called to Italy, bore

down with irresistible force every enemy that attempted to oppose

them. Bacon, in his “History of King Henry VII.,” says: “To make good

infantry, it required men bred not in a servile fashion but in some

free manner. Therefore, if a state run most to noblemen and gentlemen,

and that the husbandmen and ploughmen be but as their workfolks or

laborers, you may have a good cavalry, but never good, stable bands

of foot, in so much as they are enforced to employ bands of Swiss for

their battalions of foot.” It was a trusty sword these brave and hardy

peasants offered. Some thought that nature certainly only meant the

Swiss for two classes, soldiers and shepherds. It is easy to convert

husbandmen into good soldiers. According to the institutions of the

Lacedæmonians, the employments of husbandmen and soldiers were united,

as alike the highest training-schools for the qualities that make the

best citizen and the best soldier. The plough was readily exchanged

for the sword by those engaged in peaceful occupations that seemed

to place them at an immeasurable distance from the profession of a

soldier. Happy had it been for Switzerland had she gained nothing

beyond simple liberty in her contest with her ancient masters, and

had continued to cherish pure and healthful feelings. When peace had

crowned their heroic struggles, their warlike spirit sought in foreign

states the excitement and military glory which were denied them at

home. The cravings of avarice and the thirst of plunder are inseparable

from the pride of victory. While the hardy mountaineers exulted in

the defeat and humiliation of Austrian chivalry, they purchased their

triumph, for a time at least, at the expense of the simplicity of their

nature. They accepted the dangers and privations of soldiers fighting

battles in which their own country bore no part. They became the ready

agents of the highest paymaster. These military capitulations dated

from the period of the Burgundian war. Treaties were often concluded

between foreign governments and one or more Cantons.[66] They made a

trade of war, letting themselves out as mercenaries. The Holy Father

himself entered the list of bargainers, and in 1503 Pope Julius III.

engaged the first of those Swiss life-guards whose name became famous

in Europe. From Louis XI. to Louis XV. the Swiss are said to have

furnished for the French service over half a million men. In the wars

between the French king and the Emperor Maximilian, in 1516, the

Swiss fought on both sides. In its last extremity, it was neither

in its titled nobility nor its native armies that the French throne

found fidelity, but in the free-born peasant soldiers of Luzern. Of

the undaunted ranks of the Swiss guard, defending the French royal

family at the Tuileries on the 10th of August, 1792, seven hundred and

eighty-six officers and soldiers fell in the place where they stood,

unconquered even in death; and for two days their bodies lay in the

gardens of the palace and the streets near by, exposed to the derision

and insults of the frantic populace.

“Go, stranger! and at Lacedæmon tell

That here, obedient to her laws, we fell.”

To their memory a colossal lion, twenty-eight feet long by eighteen

feet high, carved by Thorwaldsen out of the face of a solid sandstone

rock, in high relief, was dedicated in 1821 at Luzern. The lion is

holding the _fleur-de-lis_ in his paws, which he is endeavoring to

protect, though mortally wounded by a spear which still remains in

his side. Above the figure is the inscription: “_Helvetiorum fidei

ac virtuti_.” When the afternoon sun falls upon this effigy, it is

reflected beautifully in the dark pool close below; the gray rock rises

perpendicularly some little height above and ends in a crown of acacias

and drooping bushes and creepers.

The fame of the Swiss, in every war which desolated Europe from the

fifteenth century down, rose to an extraordinary pitch; but this

influence, which, as the hired soldiers of belligerent powers, they

exercised in the affairs of Europe, was neither conducive to the weal

of the state nor worthy of the Swiss people. Addison wrote in 1709 of

them: “The inhabitants of the country are as great curiosities as the

country itself; they generally hire themselves out in their youth, and

if they are musket-proof till about fifty, they bring home the money

they have got, and the limbs they have left, to pass the rest of their

time among their native mountains.” He also relates that “one of the

gentlemen of the place told me, by way of boast, that there were now

seven wooden legs in his family; and that for these four generations

there had not been one in his line that carried a whole body with him

to the grave.”

From their being so frequently in the personal service of foreign

potentates, the name of Switzer with some writers became synonymous

with guards or attendants on a king. The king in “Hamlet” says: “Where

are my Switzers? Let them guard the door.” In 1594, Nashe, in his

“Christ’s Tears over Jerusalem,” states that “Law, Logicke, and the

Switzers may be hired to fight for anybody.” Even the French were

so ungrateful as to chide the Swiss by saying, “We fight for honor,

but you fight for money;” to which the Switzer rejoined, “It is only

natural that each of us, like the rest of the world, should fight for

what he has not got.” These Swiss soldiers were in great demand and

liberally paid. They were not only hardy and patient of fatigue, but

bold in action and obedient in discipline. The very sight of them

alarmed the enemy, suggesting a passage in Tacitus of which every

soldier will probably feel the truth, “The eye is the first to be

vanquished in battle.”[67] Then these troops were as noted for their

fidelity to the service they engaged in as for their courage; and in

all their history there is scarce to be found any example of treachery.

From the dawn of the Reformation there was produced a material

change, and its effects were chiefly visible in the improvement of

moral feeling and the growing aversion to this mercenary service. The

Constitution of 1848 altogether swept away this system of military

capitulations. At the time of the adoption of the constitution there

was only one such convention in force, being that of the King of

Naples and several of the Cantons; but public sentiment was so greatly

aroused by their participation in the defeat of the revolution, that

the Cantons were compelled to recall them, and thus the last of these

capitulations came to an end. There were certain bodies of troops who,

bearing the Swiss name or composed for the most part of Swiss soldiers,

still continued to fight for foreign governments; and to prevent this,

as far as possible, a federal law in 1859 prohibited every Swiss

citizen from entering, without the consent of the Federal Council,

those bodies of foreign troops which were not regarded as national

troops of the respective states. This did not hinder individual

citizens from enrolling themselves in the national troops of a foreign

state. To further avoid any complication of foreign relations through

such military connection, the cantonal constitutions first forbade the

reception of pensions and titles from foreign states; and a similar

provision was embodied in the federal Constitution of 1874, whereby

“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. Decorations shall not be worn in the Swiss army, nor

shall titles conferred by foreign governments be borne. Every officer,

under-officer, and soldier shall be forbidden to accept any such

distinction.”

The first approach towards the establishment of a federal army

was after Swiss independence had been recognized at the peace of

Westphalia, when the Confederation in 1648 adopted an arrangement

called the “_Defensional_,” by which, in case of urgent danger, the

Federal Diet could call upon the several Cantons to supply troops for

the general defence, in such numbers as were stipulated. In 1848 it

was proposed that the Confederation should be charged with the entire

military administration. This was rejected. In 1874 the effort was

renewed, and this most important power was substantially vested in the

Confederation by the constitution adopted that year, which contains the

following provisions:

Every Swiss is subject to military service. Each soldier receives

without expense his first equipment, clothing, and arms. The arms

remain in possession of the soldier, under conditions prescribed by

federal legislation. The Confederation enacts uniform laws on fees for

exemption from military service:

The federal army consists:

1. Of the cantonal military corps.

2. Of all Swiss who, though not belonging to such military corps, are

yet subject to military service.

The Confederation exercises control over the federal army and the

material of war provided by law.

In cases of danger, the Confederation has the exclusive and direct

control over all troops, whether incorporated in the federal army or

not, and over all other military resources of the Cantons.

The Cantons may exercise control over the military forces of their

territory, so far as this right is not limited by the federal

constitution or laws.

Laws on the organization of the army are an affair of the

Confederation. The execution of the military laws within the Cantons is

intrusted to the cantonal authorities, within limits fixed by federal

legislation, and under the supervision of the Confederation.

The entire military instruction and arming of the troops are under

the control of the Confederation. The clothing and equipments and

subsistence of the troops are provided by the Cantons; but the Cantons

are credited with the expenses therefor, in a manner to be determined

by federal law.

So far as military reasons do not prevent, bodies of troops are

formed out of the soldiers from the same Canton. The composition of

these bodies of troops, the maintenance of their effective strength,

and the appointment and promotion of the officers are to be reserved

to the Cantons, subject to general rules to be established by the

Confederation.

On payment of reasonable indemnity, the Confederation has the right

to use or acquire drill-grounds and buildings intended for military

purposes within the Cantons, together with the appurtenances thereof.

The terms of the indemnity shall be fixed by federal law. The Federal

Assembly may forbid public works which endanger the military interests

of the Confederation.

No decoration or title conferred by a foreign government shall be

borne in the federal army. No officer, nor non-commissioned officer or

soldier, shall accept such distinction.

The Confederation has no right to keep up a standing army.[68]

No Canton or half-Canton, without the permission of the federal

government, shall keep up a standing force of more than three hundred

men; the mounted police (_gendarmerie_) is not included in this number.

By these provisions, while the military system, as a whole, has fallen

under the authority of the Confederation, many important details are

left to be exercised by the Cantons. Upon them devolves the responsible

duty of carrying the federal laws into execution. They appoint all

officers below the rank of colonel, keep the military registers,

provide the equipments, uniforms, and necessary stores for the troops

(to be reimbursed by the Confederation), recruit and maintain the

effective strength of the body of troops formed within their respective

limits. The infantry, field artillery, and cavalry are all recruited by

the Cantons and called cantonal troops; the engineers, guides, sanitary

and administrative troops, and the army train are recruited by the

Confederation and called federal troops. The enrolling of men belonging

to the same Canton, as far as practicable, in the same corps is known

as the _système territorial_. Every man fights under the banner of

his own Canton, follows the regiment of his own Commune, keeps step

with the company of his own hamlet, or dies beside his brother,

son, or neighbor. These were the tactics of nature, and probably of

heroism, with mutual enthusiasm and reciprocal attachments, with common

interests and similarity of manners; like the children of Israel who

went out to battle, each “under the colors of the house of his father.”

For the proper execution and furtherance of the constitutional

provisions, several federal laws have been enacted, establishing these

general rules:

Every Swiss citizen is subject to military service from the time he

enters his twentieth year to the close of his forty-fourth year of age.

There are seven classifications of officials who are exempted, during

the time they are in office or employed:

1. Members of the Federal Assembly during the session of the Assembly.

2. Members of the Federal Council, the Chancellor of the Confederation,

and the clerks of the Federal Tribunal.

3. Those employed in the administration of the post and telegraph (the

latter now includes the telephone); employés in government arsenals,

workshops, and powder magazines; directors and wardens of prisons;

attendants in public hospitals; members of cantonal and communal

police, and frontier guards, or _Landjäger_.

4. Ecclesiastics who do not act as army chaplains.

5. Those employed in the public schools, only so far as it would

interrupt their school duties.

6. Railroad officials and employés of the steamboat companies that have

received concessions from the government.

7. All those who have been deprived of their civil rights by sentence

of court are excluded from the service.

The omission of the members of the Federal Tribunal from the list of

exempts, while the executive and legislative officials, together with

the clerks of the Tribunal, are embraced, can be accounted for only

upon the principle of _inter arma silent leges_.

When a Swiss citizen reaches his twentieth year he must present himself

at the levy of troops of the Canton of his domicile and be enrolled.

This must be done before an application for exemption can be made. The

raw recruits are sent direct to one of the _Écoles des Recrues_, for

which the Confederation is divided into eight territorial departments,

for infantry, for cavalry and artillery, three each, and two for

engineers. The federal military forces, or _Bundesauszug_, are divided

into three distinct classes:

1. The _Élite_ or active army, in which all citizens are liable to

serve from the age of twenty to thirty-two.

2. The _Landwehr_ or first reserve, composed of men from the age of

thirty-two to forty-four.

3. The _Landsturm_, consisting of men from seventeen to fifty, not

incorporated in the _Élite_ or _Landwehr_. This last reserve cannot,

as a rule, be called upon for service beyond the frontier. Men are not

discharged from the _Élite_ until their successors have been enrolled,

and in case of war the Federal Council is authorized to suspend

discharges both from the _Élite_ and the _Landwehr_. The recruits at

the _Écoles des Recrues_ undergo a course of instruction for periods

ranging from forty-five to eighty days, after which they are drafted

into the different arms of the service, and (with the exception of the

cavalry, who turn out annually) are called out on alternate years for a

course of training (_cours de répétition_), continuing from sixteen to

twenty days. Periodically, once or twice a year, the troops of a number

of Cantons assemble for a general muster. The infantry soldier has five

periods of training during the ten years he remains in the _Élite_ or

active service:

First year, forty-five days as a recruit.

Third year, sixteen days as a trained soldier.

Fifth year, sixteen days as a trained soldier.

Seventh year, sixteen days as a trained soldier.

Ninth year, sixteen days as a trained soldier.

Total, one hundred and nine days.

The cavalry is called out annually instead of biennially, and as a

compensation for this additional drill service, the men are discharged

from the _Élite_ two years sooner than the infantry, or at the age of

thirty.

The standard of height required of the recruit is five feet one

and a half inches, and the chest measurement in no case less than

thirty-one and a half inches.[69] Men not of the required height,

if specially fitted, by profession or business, for service in the

administrative troops or as drummers, trumpeters, armorers, or other

military handicraftsmen, may be recruited to serve in these capacities

if their height is not less than five feet five-eighths of an inch. The

number of recruits examined annually--that is to say, the number of

young men who become subject every year to military service--is about

thirty thousand. A permanent corps of one hundred and eighty-seven

instructors of various grades, and representing all the arms of the

service, is maintained. The members of this corps are about the only

permanently paid officers of the Swiss army. But they must have

undergone a thorough course of education and passed an examination at

one of the training establishments erected for the purpose. The centre

of these is the military academy at Thun, near Bern, maintained by the

Confederation, and which supplies the army both with the highest class

of officers and with teachers to instruct the lower grades.

Besides this academy or _Central Militär-Schule_ there are special

training-schools for the various branches of the service, especially

the artillery and the _Scharfschützen_ or picked riflemen. During the

period of instruction eight hours is laid down as the minimum of daily

drilling. The arms, clothing, and personal accoutrements remain in the

possession of the soldier, and he is expected to keep each article

in good condition and in readiness for inspection at any moment; and

he is not permitted to wear his uniform except when on active duty.

The inspection of arms, accoutrements, etc., is made annually, and is

conducted with much strictness; any repairs needed are ordered to be

done at the owner’s expense; and negligence in complying with the law

subjects the party to a fine, and in some instances to imprisonment. At

the termination of the _Élite_ service, the uniform is retained by the

recruit, but the arms and accoutrements are surrendered to the Canton.

Horses are provided for the cavalry in this manner: the horses are

first purchased by the government through officers designated for that

purpose; these are sent to the government cavalry stable, thoroughly

broken, then sold to such cavalry recruits as may require them. The

sale is made at public auction to the recruits, and one-half of the

price at which the animal is knocked down is paid by the Confederation

and the other half by the recruit. One-tenth of the recruit’s share,

however, is refunded to him at the end of each year’s service, so that

after ten trainings the horse becomes his personal property. During the

years of service the horse remains at the disposal of the government,

but in fact is only required during the annual drill, and in the

interval remains in the possession of its part owner, at his own cost.

He may work the animal, but it cannot be let out for hire or lent,

and he is responsible for its care and good condition. If the horse

dies in the service, one-half of the value of the recruit’s share is

refunded to him; if, on the other hand, the horse dies when not in the

service, the recruit pays the government a corresponding amount, unless

he can show that the death was in no way occasioned by carelessness or

culpable negligence. The same liability is incurred in case of injury

to the animal, unless it occurred from ordinary fair usage. In either

case, if the recruit be found in fault he is compelled to provide

himself with another horse. These horses are inspected at least once

a year by military veterinary surgeons. Mounted officers must provide

their own horses. In time of war the _Piketstellung_ can be declared

by the Federal Council, by which the sale of horses throughout the

Confederation is forbidden.

The strength of the several lines of the army in 1888, as obtained

from an official of the military department, was--_Élite_, 117,179,

_Landwehr_, 84,046, which, with the _Landsturm_, reckoned at 200,000,

gave in case of extreme emergency an available force of 401,225.

The _Landsturm_ has recently been divided into two classes, the _armed

Landsturm_ and the _auxiliary forces_; the latter is composed of

pioneers, administrative troops, guides, and velocipedists: both of

these classes, under a federal law of 1887, when called out, are placed

on the same footing, with reference to the rights of combatants, as

the _Élite_ or the _Landwehr_. The first line, or _Élite_, must be

regarded as the only active force homogeneous in its parts and complete

in its equipment. Preference for infantry is still preserved among the

Swiss, the cavalry representing only one twenty-seventh of the force.

This disproportion may be somewhat ascribed to two facts: first, on

account of the expense involved in the advance payment to be made on

the purchase of a horse, and then that in Switzerland cavalry would

hardly ever be required except for reconnoitring or vedette duties. The

election on the part of recruits to join the cavalry is voluntary; but

having selected that branch they must remain in it.

The Vetterli rifle, with a magazine containing eleven cartridges,

has been used by the army; but after long and thorough experiments

under government expert commissions with the Rubin rifle, a later and

improved patent, in June, 1889, it was accepted, and is being rapidly

substituted. The budget for 1890 contains an appropriation of 5,734,600

francs for the purchase of these rifles and 3,000,000 francs for

ammunition.

The highest rank in the Swiss army is that of colonel. In the event of

war the Federal Assembly nominates a general, who takes command till

the troops are disbanded. The only officer at present in the service

who has held that temporary rank is General Herzog, the commander of

the troops in 1871, and who is now doing regular duty as a colonel.

Then come lieutenant-colonel, major, captain, and first lieutenant;

these constitute the commissioned officers. The non-commissioned

officers are sergeant-major, quartermaster-sergeant, sergeant, and

corporal. Colonels command divisions and brigades; lieutenant-colonels,

regiments; majors, battalions; and captains, companies. The Cantons

nominate officers up to the rank of _commandant de bataillon_, subject

to the approval of the federal military authorities. Officers of

higher rank than _commandant de bataillon_ hold their commissions from

the Federal Council. Then there is a general staff or _État major_,

appointed by the Federal Council, consisting of three colonels, sixteen

lieutenant-colonels or majors, and thirty-five captains. The chief of

this staff is appointed by the Council for a term of three years, and

is practically in charge of the forces during peace.

The pay of the army, like all branches of public service in

Switzerland, is on a very economical scale. With the exception of

the members of the general staff and corps of instructors (the

former substantially constitutes the latter), who are permanently in

the service, officers and privates only receive pay during active

service,--that is, during the short drill periods or in time of war.

The commander-in-chief (who only serves in time of war) receives fifty

francs per day.

Francs.

Colonel commanding division receives 30

Colonel commanding brigade ” 25

Colonel ” 20

Lieutenant-Colonel ” 15

Major ” 12

Captain ” 10

First Lieutenant ” 8

Second Lieutenant ” 7

Personal allowance for uniform and equipments:

Francs.

For officers not mounted 200

For officers mounted 250

For equipment of horses 250

The private soldiers are paid eighty centimes per day, and from this a

sum, to be fixed by the chief of the corps, is deducted to meet certain

contingent personal expenses of the private. Rations in the field

daily embrace 750 grammes of bread; 375 of fresh meat; 150 to 200 of

vegetables; 20 of salt; 15 of roasted coffee; 20 of sugar. Commutation

to officers is one franc per day. If a private furnishes his own

coffee, vegetables, and wood, a proportionate allowance is fixed by the

Federal Council. The rations are the same during the drilling terms,

but the pay is reduced to fifty centimes per day. The constitution

declares that “soldiers who lose their lives or suffer permanent injury

to their health in consequence of federal military service shall be

entitled to aid from the Confederation for themselves or their families

in case of need.”

A federal law grants pensions:

1. Up to 1200 francs in case of complete blindness, the loss of both

hands, or both feet, or other injury causing absolute incapacity to

earn a living.

2. Up to 700 francs in case of partial incapacity for work.

3. Up to 400 francs in case where business or calling must be changed

to one less profitable, in consequence of injury.

4. Up to 200 francs when this change is necessitated in a modified

degree.

Pensions to widow, children, or parent:

1. Widow without children up to 350 francs; with children up to 650

francs.

2. Children one or two, each 250 francs; more than two, total of 650

francs.

3. Father or mother (where no widow or children), 200 francs; if both

living, total of 350 francs.

4. Each brother or sister (when neither widow, children, nor parent

survive), 100 francs each.

5. Grandfather or grandmother (where neither widow, children, parents,

nor brother or sister survive), 150 francs; if both living, 250 francs

total.

These amounts may be increased in special and meritorious cases. Women

divorced or living apart from their husbands, and children eighteen

years of age, are not entitled to receive pensions.

Every Swiss citizen subject to military service, whether he resides

in the Confederation or not, who does not personally perform it, is

subject in lieu thereof to the payment of an annual tax in money.

Foreigners established in Switzerland are likewise subject to this tax,

unless they are exempt therefrom by virtue of international treaties or

belong to states in which the Swiss domiciled there are neither liable

to military service nor to the payment of any equivalent tax in money.

This is the only direct tax levied in the Confederation; and the gross

sum realized is shared proportionately between the Confederation and

the Canton.

Exempt from this tax are:

1. Paupers assisted by the public charity fund, and those who by

reason of mental or physical infirmity are incapable of earning their

subsistence, or who have not a sufficient fortune for the support of

themselves and family.

2. Those rendered unfit through previous service.

3. Swiss citizens in foreign countries, if they are subject to a

personal service or to an exemption tax for the same in place of

domicile.

4. The railway and steamboat employés during the time when they are

liable to the military service organized for the working of the

railways and steamboats in time of war.

5. Policemen and the federal frontier guards.

This military tax consists in a personal tax of six francs, and of

an additional tax on property and income; the amount exacted from any

one tax-payer not to exceed 3000 francs per annum. The additional tax

is one franc and a half for each one thousand francs of net fortune,

and one franc and a half for each one hundred francs of net income.

Net fortunes less than 1000 francs are exempt, and from the net income

are to be deducted 600 francs. Net fortune is the personal and real

property after deducting debts of record, chattels necessary for

household, tools of trade, and agricultural implements. Real estate and

improvements are assessed for this tax at three-fourths of their market

value. In computing the property of a person for this tax, half of the

fortune of the parents, or if not living, then of the grand-parents, is

included, proportionately to the number of children or grandchildren,

unless the father of the tax-payer shall himself perform military

service or pay the exemption tax.

Net income embraces:

1. The earnings of an art, profession, trade, business, occupation,

or employment. The expenses incurred to obtain these earnings are

deducted, also necessary household expenses, and five per cent. of the

capital invested in the business.

2. The product of annuities, pensions, and other similar revenues.

From the age of thirty-three to the completion of the military age,

only one-half of the tax is exacted. The Federal Assembly has the

right to increase the tax to double the amount for those years in

which the greater part of the _Élite_ troops are called into service.

The military tax for Swiss citizens residing abroad is calculated

every year by special rolls, and the persons advised by the officials

of the Canton of their birth, if their address be known, otherwise

by public advertisement. The tax for exemption is paid in the Canton

where the tax-payer is domiciled when the rolls are prepared. Parents

are responsible for the payment of the tax for their minor sons, and

for those sons who, though of age, remain a part of the household. The

period for prescription is five years for tax-payers present in the

country, and ten years for those absent from the country. The Cantons

are charged with making out the annual rolls and collecting the tax.

By the end of January following the year of the tax the Cantons must

remit to the proper federal official the half of the gross product

collected. A portion of this is assigned by the Federal Assembly to

the fund for military pensions. In each Canton there is a tribunal

to pass upon appeals on the correctness of the rolls of tax-payers.

All disputes arising as to the tax are referred to and decided by

the Federal Council. With a view of insuring a uniform application

of the law of military service, the Confederation reserves supreme

supervision; and the ultimate decision upon all questions arising out

of the operation of it, and likewise upon decrees relating to the

imposition and collection of the tax, rests with it. The estimated

receipts from this tax for the share of the Confederation are placed in

the budget for 1889 at 1,330,000 francs. An eminent Swiss publicist,

Dr. Dubs, in criticising this tax-law, asserts “that in many points it

is equally irrational, and, in the construction of its details, leads

moreover to further absurdities of all kinds, of which undoubtedly the

claiming to tax those in foreign countries and the taxation of the

heir’s possible expectations form the highest point.” He might have

added that this tax, so far as levied upon incomes of persons liable

to military service but exempted therefrom by reason of disability

or other cause, partakes rather of the character of a law to raise

revenue than as providing a penalty for the non-performance of military

service. The failure to render such service on the part of one enjoying

a specified income is not more heavily punished than the failure of

one with less or no income. The operation of this tax has caused much

complaint on the part of citizens of the United States “established”

in Switzerland. Nearly all of the European states have concluded

treaties with Switzerland, since the enactment of this “military

tax-law,” bringing themselves within the conditions it prescribes for

the exemption of their citizens “established” in Switzerland, from any

personal service or any tax in lieu thereof.

The citizens of the United States residing in Switzerland, of whom

there are quite a number engaged in prosperous and large industries,

still come under the treaty concluded between Switzerland and the

United States in 1850, long previous to the passage of the tax-law

(1878), Article II. of which reads: “The citizens of one of the two

countries, residing or established in the other, shall be free from

personal military service, but they shall be liable to the pecuniary or

material contributions which may be required by way of compensation,

from citizens of the country where they reside, who are exempt from

that service.” This article seems to contemplate the imposition of

a penalty for the non-performance of a duty from which the party is

specially exempted. It is susceptible of a plausible argument, that a

proper construction of this article does not warrant the collection

of the tax imposed by the Swiss law of 1878, from the United States

citizens residing there. For this tax is not in fact a “pecuniary

contribution” required from citizens of Switzerland who are exempt from

personal military service, but is a tax required only from citizens

who by reason of their age are subject to military service, but who in

consequence of physical or other disability cannot perform it. That

the words, “by way of compensation,” were not intended to qualify the

phrase, “pecuniary or material contribution,” but refer to, “shall be

free from personal military service.” Should a citizen of the United

States residing in Switzerland prefer to render personal military

service rather than pay the tax, his service would not be accepted; he

would be informed that by virtue of the treaty with his country he

is “free from personal military service, but liable to the pecuniary

or material contribution,” and he must pay his tax,--“your money and

not your service is what we wish.” If his service was accepted, it

would carry an implication of the right to enforce either personal

service or in lieu thereof the payment of a commutation tax for

exemption. The language of the treaty obviously contemplated only such

general contribution as might be required of all classes of citizens,

and excludes the idea of a special tax levied upon an exceptional

class. During the last war in the United States the tax exemption or

commutation, to which a certain class of citizens were subjected by the

draft law, did not interfere with domiciliary rights. There is to-day

no exaction on the part of the United States government from foreign

citizens domiciled or established within them, of any pecuniary or

material contributions of a military nature; nor is it believed that

there is any such exaction on the part of any of the States.[70] The

Swiss construction of the treaty, as to the liability of the United

States citizens residing therein to this tax, was substantially

conceded by our Department of State in 1876, and left the remedy to be

sought by an international treaty. The Swiss government has indicated

its willingness to enter upon the negotiation of such a conventional

agreement to effect the relief of United States citizens from this tax,

after the manner prescribed by the law of 1878, and which was promptly

acted upon by all the European powers. The government of the United

States has not found it expedient to do this. Many difficulties are

suggested.

In parts of Switzerland there has appeared some dissatisfaction with

the military service and tax. It is alleged to be an unnecessary

waste of money expended on the country’s armed forces, draining its

limited resources to no practical purpose, and that an unprofitable and

irksome task is imposed upon them by this assessment. The statesmen of

Switzerland stand united in the expression that it is the only way to

be sure of their neutrality being respected; as was abundantly proven

by the prompt presence of the federal troops compelling Bourbaki’s

corps of 80,000 men, when in 1871 they were driven into the Swiss

territory, the moment they crossed the line, to lay down their arms;

and thereby saved the German army from crossing the frontier of the

Confederation and engaging the French on Swiss soil. The President of

the Confederation, in his address to the _Tir fédéral_ of 1887, voiced

the prevailing sentiment when he said: “The government of Switzerland

would remain foremost in maintaining peace and pride in its arts as

the supreme glory of the republic; and would constantly endeavor to

preserve her neutrality, but to do this she must not rely altogether

on treaties, but also look to her own strength and energy; to keep her

soldiery in condition to show that the adequacy of the Confederation

to all the needs of national life is, in no single department, taken

on trust. He therefore would urge them to be assiduous in improving

military training, to add such training to the education of the youth,

to hold rifle contests and to perfect drills, all of which should be

animated by a free fraternal spirit.” Notwithstanding the constitution

forbids the Confederation to keep a standing army, or any Canton to

have more than three hundred men as a permanent military body, every

able-bodied Swiss is a soldier of the republic; not on paper merely or

by legal and constitutional fiction, but _actually_. The necessity of

self-defence forced Switzerland to be the very first power in which

universal liability to military service was introduced in Europe, many

years and even centuries before other countries had recognized the

principle, which is now almost universal. The Swiss army is based

upon a “voluntary-compulsory” system. It is essentially a force of

militia intended for defensive purposes only. Admirable as it is in

a military and economic sense, it is scarcely more than a summer

holiday, compared with the rigid and grinding martial duties under the

other European systems. Two things make it a light burden, if not a

diversion, for the Swiss. They have a strong natural military instinct

coming down through generations.[71] Then this instinct is in every

possible manner encouraged and developed by the government, the Canton,

and the Commune. The elements of drill begin with the very first week

of a boy’s schooling, as soon as he can stand erect or poise a stick.

All kinds of games are practised that tend to open and expand the

chest, to nerve the limbs, give carriage to the form, and serve to

strengthen, temper, and adjust it. All these exercises fit him and, in

fact, contemplate his becoming in time a soldier. He not only learns

in his youth the elements of drill and the use of arms, but habits of

obedience, order, and cleanliness; and even those yet higher duties of

a camp, the will to mingle class with class, to put down personal hopes

and seek no object but the public good.

The _Schützenfest_, liberally encouraged by the government, is held

biennially. This is in many respects the parallel of the ancient Greek

festival game, which served the purpose of keeping alive the national

spirit. It is the most important and popular public gathering in

Switzerland; the entries for the various prizes running as high as

100,000. It is uniformly opened by a formal address from the President

of the Confederation and attended by all the leading men of the

country. It is a national fête day. Then there are the _Sociétés de

tir_, cantonal and communal shooting societies, which number about

1600, with over 100,000 members. These societies compete one with the

other, and in event of their conforming to certain regulations receive

subsidies from the Confederation. These regulations require:

1. Every member of the _Élite_ or _Landwehr_ must, on application, be

admitted to the club, if he is able and willing to pay his share of the

expense for targets, markers, etc.

2. The club must number at least twenty members.

3. The firing exercises must be done with the regulation arms and

ammunition; each soldier must use his own gun; regulation targets must

be had, and at least ten shots fired at every meeting, at each of the

distances named.

4. To receive the subsidy, every member of the club must annually take

part in at least three firing exercises, and must fire a total of fifty

shots, of which at least ten must be at one of the regulation distances

and regulation targets.

Every Swiss man therefore is drilled, armed, and ready to turn out

and fight; in his house, within arm’s reach, must hang his gun, his

uniform, and sword. The _concierge_ who accepts your _pourboire_ may

be a captain in the line, and the driver of your _voiture_ a corporal.

Some one, writing of the universal fusion between the military and

civic elements, tells this incident: A gentleman called to see a lawyer

on business; asking the servant if the lawyer was in, he answered, “The

colonel is not here, sir, but you can see the major.” So the visitor

was shown in, and saw the major, who was the lawyer’s partner, and when

he made a statement of his business, he was told, “That is not in my

department, the captain will look after it.” The captain was the firm’s

clerk, and while talking to him, a second clerk came into the office,

whom the captain saluted, saying, “Good day, lieutenant.”

In the public schools even the girls receive some training which fits

them to be useful auxiliaries in the army. They learn to stanch the

flow of blood, to dress a gunshot wound, and to nurse the sick; they

know some chemistry and are quick at sewing, binding, dressing, and

such medical arts. And if need, they would march in line with knapsacks

on their backs, as their mothers did in times past. The Helvetic women

fought against the army of Octavianus Augustus in 16 B.C., and when

all was lost, hurled their young children at the Roman soldiers and

rushed forward to meet their own death. In the old days of trial by

judicial combat, _assumere duellum_, the chronicles of 1288 contained

this curious entry: _Duellum fuit in Bern inter virum et mulierem,

sed mulier prevaluit_. Not only men but women fought at the battle

of Stantz, and among the killed were counted one hundred and thirty

women. During the French invasion of 1798, upward of eight hundred

women took up arms in the _Landsturm_, and bore all the fire of the

enemy in the last actions. At Fraubrunnen two hundred and sixty women

received the enemy with scythes, pitchforks, and pickaxes; one hundred

and eighty were killed, and one of them, whose name was Glar, had two

daughters and three granddaughters who fought by her side,--these six

heroines all were found among the dead. In the Swiss Reformed Church,

in administering the sacraments of the Lord’s Supper, the men go up

first and the women afterwards, with the single exception of Geiss, in

Appenzell, where, on account of their service at the battle of Amstoss,

the women go up first.

The Swiss owe their reputation to their freedom, and their freedom

to their valor. Their military spirit is entirely free from greed

of territory, lust of power, “the pride, pomp, and circumstance of

glorious war,” and other forces far from admirable in their motive,

which give prominence and predominance to modern armaments; it is

inspired by motives of civic manhood and manly self-assertion. A small

and by no means rich nation that relaxes not from its attitude of

defence is less likely to be attacked, though surrounded by powerful

and ambitious neighbors, than another nation which possesses wealth,

commerce, population, and all the sinews of war in far greater

abundance, but is unprepared. The more sleek the prey, the greater

is the temptation, and “no wolf will leave a sheep to dine upon a

porcupine.”

The spirit which animated the brave old Swiss was not that of revenge,

or plunder, or bloodshed. They fought simply when and because it was

necessary to insure the liberty of their native land. It was a sense

of duty rather than love of glory that strengthened and filled them

with an invincible heroism and inspired them with the sentiment so

often heard on the battle-field, _Wir müssen unsere Pflicht thun_ (“we

must do our duty”). The set of military regulations drawn up after the

battle of Sempach, more than five hundred years ago, might furnish a

model for to-day; a few taken at random will show their tenor:

1. Not to attack or injure any church or chapel unless the enemy have

retired into it.

2. Not to insult any females.

3. It is forbidden to any man to straggle for the sake of plunder, or

to appropriate to himself any part of the booty, which must all be

reported and be divided equally in good faith.

4. Every Swiss engages to sacrifice his life or property, if required,

for the defence of his countrymen.

5. No Swiss shall abandon his post even when wounded.

6. No Swiss shall take away anything from any of his countrymen either

in peace or war.

War has been the great training school of hardihood, endurance,

courage, self-sacrifice, and devotion to public duty. There is no

profession more favorable to the growth of noble sentiment and manly

action than that of the soldier; and to its beneficial action in the

formation of States, every page of history bears flaming testimony. A

great German professor declares: “Our army is not simply the organized

power of the state; it is also a great school, nay, our greatest

school for the masses, of intellectual culture, morals, politeness and

patriotism.” Let the Swiss ever cherish and imitate the simple lives,

the undaunted courage, the obstinate and enduring spirit, and the lofty

patriotism of their ancestors who, in the great contests which rolled

round the fort of their mountains, died on the fields of Morat and

Morgarten.

CHAPTER XIII.

EDUCATION.

No inquiry can be more important than that which proposes to discover

the legitimate purpose and the best course of general education. All

men, how much soever they may be distinguished from each other by a

variety of circumstances, connections, and pursuits, have yet one

common set of duties to perform; and it is in forming this character,

and imparting the ability to discharge these duties, that the business

of what may be called, in the most general sense, a good education,

properly consists. Such an education may, therefore, fitly be described

to be that course of discipline which is accommodated to man, as he is

man; which is to lay the firm foundation of excellence in future life;

and by which it is designed to effect the highest preparatory culture

of his whole nature. It happens, however, that the foundation of those

virtues which are to render us useful and happy must be laid at a time

when we are least willing to receive instruction,--when we are in

search rather of amusement for our imagination than of employment for

our reason. Aware of these difficulties, the instructors of mankind

have been in all ages solicitous to discover popular and efficacious

methods for their admonitions. Theories once embraced as judicious

and complete are succeeded by others which, in turn, are declared

as erroneous and defective. Plans at present deemed ill-concerted

or impracticable are the same which it was once thought reasonable

to adopt. Where government, national or state, insists upon having

every child given over to it for the first and formative educational

period, it assumes an infinite responsibility for the judicious and

reasonable training of the young committed to its care. And they have,

in turn, the right to conclude that the instruction given is that, of

all others, which the wisdom and wit of the age have pronounced to

be the most beneficial and important for them to receive. The system

of education is proportionately more enlightened and liberal as the

liberty of the subject is the basis and aim of the constitution. The

interested caution of a despotic government cares not to open too wide

every avenue to science. The state of public instruction is one of the

greatest glories of Switzerland. There is no country where primary

instruction is more developed and more wide-spread. A Switzer will tell

you that every child in the Confederation, unless under the school age

or mentally incapacitated, can read and write. This is true to the

extent that the exceptions to the rule are not sufficient to constitute

an illiterate class. Keeping school is the permanent business of

the state, and the attention to it is not merely a fixed and formal

business, but an unceasing and engrossing duty. A school is one of the

first things present to the eyes of a Swiss child, and one of the last

things present to the mind of a Swiss man. On reaching a certain age,

the right to stay at home and play ceases; the school seizes the child,

holds him fast for years, and rears him into what he is to be. The two

great items of expense which figure in the budget of a Swiss Canton

are the roads and public instruction. The sum bestowed on the latter

is immense, relatively to the total means of the Canton, standing far

ahead of the disbursements for military service, which, in Europe, is

a startling fact. On the continent, with the exception of Switzerland,

the cost of the public forces, even in times of absolute peace, is

estimated to be nearly fourteen times that of the public schools.[72]

The passion for public education, and the large expenditure so

cheerfully made for its support, are but natural in the land that gave

birth to Rousseau, Pestalozzi, and Fellenberg. John Henry Pestalozzi,

born at Zurich in 1746, was the most celebrated of Swiss educational

reformers and philanthropists. His system furnished the basis and gave

the first impetus to the public school organization; it furnished also

a model for the rest of Europe, and especially for Germany. The main

features of this system, with the improvements made upon it, are to-day

regarded in Switzerland as the chief corner-stone of their superb

educational condition. His whole school apparatus consisted of himself

and his pupils; so he studied the children themselves, their wants and

capacities. “I stood in the midst of them,” he explains, “pronouncing

various sounds and asking the children to imitate them. Whoever saw

it was struck with the effect. It is true, it was like a meteor which

vanishes in the air as soon as it appears. No one understood its

nature. I did not understand it myself. It was the result of a simple

idea, or rather of a fact of human nature, which was revealed to my

feelings, but of which I was far from having a clear consciousness.

Being obliged to instruct the children by myself, without any

assistance, I learnt the art of teaching a great number together;

and as I had no other means of bringing the instruction before them

than that of pronouncing everything to them loudly and distinctly,

I was naturally led to the idea of making them draw, write, or work,

all at the same time.” Combining the experience with the ideas he had

received many years before from Rousseau, he invented his system of

object-lessons. The Yverdon Institute had soon a world-wide reputation.

Many came to wonder, many to be educated, many to learn the art of

education. Pestalozzian teachers went from it to Madrid, to Naples, to

St. Petersburg. Kings and philosophers joined in doing it honor. While

Pestalozzi did not invent the principle that education is a developing

of the faculties rather than an imparting of knowledge, he did much to

bring this truth to bear on early education, and to make it not only

received, but acted on. We must, at least, concede to him the merit,

which he himself claims, of having “lighted upon truths little noticed

before, and principles which, though almost generally acknowledged,

are seldom carried out in practice.” The motive power of his career

was the “enthusiasm of humanity.” He never lost faith in the true

dignity of man, and in the possibility of raising the Swiss peasantry

to a condition worthy of it. “From my youth up,” he says, “I felt what

a high and indispensable human duty it was to labor for the poor and

miserable, that he may attain to a consciousness of his own dignity

through his feeling of the universal powers and endowments which he

possesses awakened within him, so that he may be raised not only above

the ploughing oxen, but also above the man in purple and silk who lives

unworthily of his high destiny.” It is claimed of him that he was the

first teacher to announce convincingly the doctrine that all people

should be educated; that, in fact, education is the one good gift to

give to all, rich or poor, and, unlike any other giving, it helps and

does not hinder self-help. Pestalozzi was no friend to the notion of

giving instruction always in the guise of amusement, contending that

a child should very early in life be taught the lesson that exertion

is indispensable for the attainment of knowledge. At the same time

he held that a child should not be taught to look upon exertion as an

evil; he should be encouraged, not frightened, into it. “An interest,”

he claims, “in study is the first thing which a teacher should endeavor

to excite and keep alive. There are scarcely any circumstances in which

a want of application in children does not proceed from a want of

interest; and there are, perhaps, none in which the want of interest

does not originate in the mode of teaching adopted by the teacher. I

would go so far as to lay it down as a rule that, whenever children are

inattentive and apparently take no interest in a lesson, the teacher

should always first look to himself for the reason. Could we conceive

the indescribable tedium which must oppress the young mind while the

weary hours are slowly passing away, one after another, in occupations

which it can neither relish nor understand, could we remember the

like scenes which our own childhood has passed through, we should no

longer be surprised at the remissness of the school-boy, creeping

like a snail unwillingly to school. We must adopt a better mode of

instruction, by which children are less left to themselves, less thrown

upon the unwelcome employment of passive listening, but more roused by

questions, animated by illustrations, interested and won by kindness.”

The efforts of Pestalozzi went down in clouds, and when he died, at the

age of eighty-one, in 1827, he had seen the apparent failure of all his

toils. He had not, however, failed in reality. And when twenty years

later the centenary of his birth was celebrated by school-masters,

not only in his native country but throughout Germany, it was found

that Pestalozzian ideas had been sown, and were bearing fruit, over

the greater part of central Europe. Even to-day school-masters might

learn much from Pestalozzi, in aiming more at a plan of education

founded on a knowledge of human nature, and its modes of instruction

which shall better develop their pupils’ faculties. The true functions

of Pestalozzi, it is alleged, were to educate ideas, not children.

Even those who are most averse to theoretical views, which they call

unpractical, will admit, as practical men, that their methods are

probably susceptible of improvement, and that even a theorist might

lead them to make many observations which would otherwise have escaped

them; might teach them to examine what their aim really was, and

then whether they are using the most suitable methods to accomplish

it. Such a theorist is Pestalozzi. He points to a high ideal, and

bids us measure our modes of education by it. When Switzerland would

honor Pestalozzi’s name, the monument she built was more than brass

or bronze. It was a school,--a school where the memoirs of the man

were carved, not on wood or stone, but in the minds of happy, growing

youths, the fortunate beneficiaries of a system whose foundation he

laid.[73] Down to 1848 all the public schools in Switzerland had been

in the hands of the Cantons; in the federal constitution, adopted at

that time, it was provided that the Confederation might establish a

university and a polytechnic school. A proposition for a university was

soon thereafter submitted and rejected. Subsequently a law was passed,

in 1854, establishing a federal polytechnical school. In view of the

antagonism existing between the German, French, and Italian Cantons,

and the social friction that followed between the adherents of the

different creeds, it was found important that the Confederation should

be in a position to strengthen and direct the forces which make for

unity, and attention was directed to the vital forces which proceed

from a wisely-arranged system of public instruction. This resulted

in more extensive power being conferred upon the Confederation, in

the revised Constitution of 1874, with respect to education. The

27th Article of the Constitution declares: “The Confederation has

the right to establish, besides the existing polytechnical school,

a federal university and other institutions for higher instruction,

or may assist in the support of said institutions. The Cantons shall

provide for primary education, which must be adequate, and shall be

placed exclusively under the direction of the civil authorities. It is

compulsory, and in the public schools free. The public schools shall

be open to the adherents of all religious sects without any offence

to their freedom of conscience or of belief. The Confederation shall

take the necessary measures against such Cantons as shall not conform

to these provisions.” Primary instruction was first made compulsory

under this Constitution of 1874. The promotion and organization of the

elementary education are left in the hands of the Cantons, subject to

the control of the Confederation; but it must be exclusively under the

civil authority. This does not exclude the clergy--if not Jesuits--from

the position of teachers and other school officers, but simply

requires, if occupying these positions, they must stand on the same

footing as laymen. No person who belongs to a religious order, claiming

allegiance paramount to the state, can be a teacher in the public

schools. The provision guaranteeing freedom of conscience and belief

is complied with by the Cantons in a way suitable to their wants.

Religious instruction is usually given on fixed days, at stated hours,

so that every facility for absenting themselves is afforded to children

whose parents wish them only to receive secular instruction. In many

instances the religious instruction is confined to truths common to

all Christians, and to readings from the Bible. In reference to the

relation of the schools to religion in Switzerland, Matthew Arnold

reported: “Whoever has seen the divisions caused in a so-called logical

nation like the French by this principle of the neutrality of the

popular school in matters of religion might expect differently here.

None whatever has arisen. The Swiss communities, applying the principle

for themselves and not leaving theorists and politicians to apply it

for them, have done in the matter what they consider proper, and have

in every popular school religious instruction in the religion of the

majority, a Catholic instruction in Catholic Cantons, like Luzern, a

Protestant in Protestant Cantons, like Zurich; and there is no unfair

dealing, no proselytizing, no complaint.” The first school-year varies

from five to seven years of age, and runs up to twelve, except in

a few Cantons, where it extends to the fourteenth, fifteenth, and

sixteenth years. Primary instruction is left to the determination

of the several Cantons, only it must be, under the constitution,

“adequate.” With the exception of the Canton of Solothurn, where all

children must receive their primary instruction in the public schools,

a person is not obliged to send his children to the public school. He

is perfectly free to have them instructed wherever he wishes, provided

they receive an education, at least as good as that which is given in

the public schools. Parents who neglect or refuse to do one or the

other are cited before the authorities and subject to a fine, and

in case of a repetition of the offence to imprisonment. In most of

the Cantons the gratuity covers books and other school-materials to

children of indigent parents. There is no class of vagrant or destitute

children which the system fails to reach; even to those too poor to

obtain proper food and clothing, both public and private assistance

are freely rendered. The obligation resting upon the Confederation

to see that the Cantons meet the constitutional requirements has so

far not been supplemented by any federal legislation, prescribing the

method of such enforcement, or imposing any penalties for disregard

of the law. Certain Cantons having failed to do their duties in this

respect, the Federal Assembly in 1882 instructed the Federal Council to

take steps to insure a general compliance with the provisions of the

constitution. The Council proposed the creation of a Federal Department

of Public Instruction, with a number of inspectors, whose duty it

would be to enforce the law. So soon as the Assembly submitted this

suggestion in the form of a federal law, nearly two hundred thousand

citizens demanded its subjection to the _Referendum_ (30,000 was

sufficient to do so), and upon the taking of the popular vote, it was

rejected by the extraordinary majority of 146,129. It was an indignant

protest against what was regarded as an attempted interference with

their local home-government of the schools. Therefore the details

of school administration, organization, and inspection still remain

in the hands of the educational department of each Canton. In some

Cantons inspectors are appointed by the educational department; in

others, it is voluntarily conducted by a board composed chiefly of

professional men,--pastors or persons of influence. These inspectors

decide as to the course of studies, the books to be used, and act as a

sort of tribunal to hear and decide all controversies that may arise

between the teachers and the local authorities. As a rule, women are

not eligible as school inspectors. Every Commune, in addition to the

inspectors, has a school commission, elected by the communal assembly.

They are charged with providing sufficient school accommodation, and

keeping the buildings in repair; also to visit the schools and see

that any suggestions made by the inspector have been properly carried

out. The Commune provides the sites for the school buildings, and

these are erected at the joint expense of the Commune and Canton.

Great attention is given to the construction of these school-houses,

as to their comfort and convenience; the windows must face the east

or southeast, and the benches so arranged that the light falls upon

the pupil’s left hand. Then there is sure to be a large and grassy

plot for the children’s play-ground, with a fountain of pure water on

it, shady trees, and all the accessories for athletic exercise. The

school-house is the most commodious, modern, and handsome edifice to

be seen in a Swiss town. One may look in vain for the court-house and

town-hall, but on the most central and costly site is the school-house,

the pride of every city square and village slope. The schools are not

mixed, and when the Commune is not able to sustain separate schools,

the boys attend in the morning, and the girls in the afternoon.

Saturday is not a holiday. Each class has so many hours of schooling

for the week, apportioned among the six days. Every form of corporal

punishment is forbidden. No bodily pain, no bodily shame, is suffered

in the schools. Chastisement, it is claimed, first brutalizes a child;

second, makes him cowardly; and, third, blunts his sense of shame,

which must soon form the bulwark round virtue. “A lad has rights,”

says the Swiss teacher. “We cannot stint his food, we cannot lock him

up, we cannot crown him with a dunce’s cap, or we cannot make a guy

of him. Our discipline is wholly moral; our means are prizes, good

words, all leading up to public acts of honor. Should we have any

incorrigible ones, they are expelled, but expulsion is a very serious

matter, and must be exercised under prescribed rules, with due notice

to parents and the school officials; and at first only temporary and

conditional, and never final and absolute, without the formal sanction

of the school commission. This emergency rarely occurs. A threat or

admonition suffices, for expulsion is considered only one degree from

ruin.” Obedience which is rendered merely because there is a sense of

authority about the commander destroys the sympathetic relation which

should exist between the teacher and pupil. The best and only true

discipline is that which is secured, not through habits created from

the will of the teacher, says Professor Shaler, of Harvard, but won

through the exercise of the will of the pupil; only when accomplished

by sympathetic stimulus, is the effect truly educational. Manliness,

sincerity, and conscientiousness are its legitimate fruits; it fosters

honesty and truthfulness more than any regimen discipline.

The pupil’s manners and appearance are also cared for. He is taught

how to appear and act no less than how to read and write; how to walk,

stand, and speak; that his hands and face should be kept clean, as

well as his papers and books. A blot upon his page and a smudge upon

his face are regarded as equally bad. “A book befouled,” the teacher

tells us, “with grime is wasted, and our simple economical habits will

not suffer such waste; turn over any of these books, which are in

daily use, no leaf is torn or dog-eared, nor the covers defaced with

scribbling.” The same observation would apply to the school furniture

and building. The desks, though extremely plain, look as if they are

daily washed and polished; not a spot nor splash of ink to be seen

on their surface, not any evidence of the bad boy’s knife; the large

corridors and spacious stairways show no scratch or scrawl; the wall

free from fingermarks and inscriptions, and no bits of paper on the

floor. The children, representing all classes of society, from the

patrician to the poorest peasant, are neatly and comfortably clad;

none dirty, ragged, or shoeless. To an expression of surprise at this,

we are informed “that if a child comes to school with face begrimed

or clothes torn, he is washed, cleaned, and mended up, and then sent

home; the mother gets ashamed on finding that some other woman, or

it may be a man, has had to wash her child; the child also becomes

mortified, and it is never necessary to repeat the treatment.” The

moment that a pupil is on the street he has passed from the circle of

his home, and that moment has commenced the school’s authority. The

regulations, printed on slips and dropped in every house, contain,

among a score of others, the following rule relating to conduct on

the street: “Delay of any kind between the scholar’s home and school

is not allowed. No whooping, yelling, throwing stones and snow-balls,

teasing children, ridiculing age or deformity can be endured. Grown

persons shall be met with kind civility, politely greeted as they

pass, and thus shall honor be reflected on the school.” There is very

little contumacious absence from school. The children have the habit

of going to school as a matter of course, and the parents equally

the habit of acquiescing in their going. The Federal Factory Act of

1877, with a purpose of preventing any interference with attendance

at school, forbids the employment, in a mill or public workshop,

of any child until he has attained the age of fifteen. And every

Swiss _recruit_ for military service is required to pass an _examen

pédagogique_, with a view of enabling the authorities to ascertain

the degree of instruction attained by the youth of the country. This

examination consists of arithmetic, geography, and Swiss history;

and those who do not come up to the minimum educational standard are

required to undergo instruction at the _recruit_ school, and the odium

attendant upon this is found to exercise a marked beneficial effect on

the education of the peasantry. The teachers of the primary schools

are nominated by the school inspectors and elected by the Communal

Assembly. Teachers of the higher schools are appointed by the Cantonal

Director of Education and confirmed by the Board of Educational

Department. They are elected for a term of six years, and after

service on a differential scale are retired on a pension of not less

than one-half of their salary at the time of their retirement. Each

Commune decides for itself whether male or female teachers shall be

employed. The teachers are trained for a period of four years in one

of the cantonal normal schools. In the Grisons and Neuchâtel, normal

schools are attached to the secondary schools, but in the Cantons of

Zurich, Bern, Luzern, Schwyz, Freiburg, Solothurn, St. Gallen, Aargau,

Thurgau, Ticino, Vaud, and Valais separate establishments exist. The

students are usually lodged and boarded at the actual cost; and free

and half-free places are open for those unable to pay in full. Each

Commune must pay to the primary school-teacher a minimum salary of

550 francs, but these salaries will run from 600 to 1000 francs, with

free lodging and fuel, the latter being an important item of expense.

Those in the larger towns receive from 1200 to 1700 francs, secondary

school-teachers are paid from 2200 to 2500 francs, and teachers in the

gymnasiums an average of 3300 francs. The Cantons assist the Communes

in augmenting the lower salaries and in the payment of the pensions.

After thirty years of service, or in case of disability or illness

contracted in the line of professional duty, teachers may retire on

the pension above indicated. In some Cantons, after five years of

service, 100 francs are added to the salary, and an additional 100

for each _quinquennium_. In Basel a female teacher, after ten years

of service, is entitled to a supplemental salary of 250 francs per

annum; after fifteen years, 357 francs per annum, and then on voluntary

retirement, after fifteen years of service, a pension for life equal to

two per cent. on the amount she was being paid at time of retirement.

Thus the Swiss teacher has pragmatic rights,--that is, he has a legal

claim to a fixed salary, and to a retiring pension in case of age or

illness. The Swiss teacher is to his pupil a father and companion.

He leads and assists on the play-ground the same as he does in the

school-room; a free and unrestrained companionship, beautiful as it is

beneficial, unmixed with foolish fondness or paternal pride. Together

they will run and leap and laugh and dance and sing as well as learn.

The hours of study past, the pupil and teacher wander to the forests

and the field; together pluck wild flowers and plants; together climb

the hills, cross lakes and streams, searching for curious rocks and

plants, learning again from them the lessons of the day. This is the

very essence of education: for a man who professes to instruct to get

among his pupils, study their character, gain their affections, and

form their inclinations and aversions, together with that affectionate

vigilance which is experienced in the best home-circle. These men

regard the school as a psychological observatory, where they are to

practise the very difficult art of discovering the capacities of the

pupils, receiving them with a tender consideration for the good and

evil they bring with them, and with an apt adjustment of the resources

of education to their individual needs. The primary or communal schools

come first in number. In every hamlet, where there may be twenty girls

and boys, the communal officials must provide a school-house and hire

a master. These are supposed to embrace the pupilage for the first

five or six school-years. The lessons average from twenty to thirty

weekly, and they have annual vacations from ten to twelve weeks. The

children who are old enough to assist in work at home are only required

to attend one-half of the day during the harvest season, or other busy

times. In some instances there is provided for this class what is known

as the supplementary school, which is held only on two mornings of

the week; the aim being to help the pupil retain what he has already

learned in the primary school until he can again resume his regular

attendance. A curious custom prevails in some of these communal schools

with respect to the supply of the necessary firewood in winter. Every

boy or girl must contribute a piece; and in winter the children may be

constantly seen tearing down-hill, each with a log of wood tied to a

_luge_ (little sledge) as his contribution to the school-fire.

The course of study in the primary school embraces:

1. Religion.

2. Native language.

3. Arithmetic.

4. Writing.

5. Physical and political geography.

6. History of Switzerland.

7. Elements of civic instruction.

8. Drawing.

9. Elements of natural science.

10. Singing.

11. Gymnastics; and

12. (For the girls) Manual work in knitting and sewing.

Connected with the primary schools in some Cantons is the

_secundar-schule_, or secondary school; this school is open on

Sundays and in the evenings, during the winter months; and the course

includes book-keeping, business composition, such as letters, bills,

contracts, and obligations of various kinds appertaining to trade

and industry. In many Cantons the secondary or advanced division of

the primary school is free, and attendance compulsory; in others,

attendance optional, with a nominal charge of five francs. The course

is three years for boys and four for girls. In the Cantons of Zurich

and Luzern, the children from the primary schools are given four

years of gratuitous instruction in these supplementary schools. By

the last accessible report, it appears there were in attendance at

the primary schools 455,490 pupils, under the care of 8763 teachers.

Sixteen Cantons provided 437 secondary schools, with 20,500 pupils. The

_intermediate_ schools present much variety, and have only one feature

in common, in that they represent a higher grade than the primary,

with an enlarged and more deepened course of study. They extend to

elements of literature in the mother tongue, composition of an advanced

kind, reading of classical authors, higher mathematics, and foreign

languages (which practically are confined to French for the German and

Italian Cantons, and to German for the French Cantons); geography and

history also become much extended.

These schools, however, do not have any pretensions beyond what

their title of _intermediate_ indicates. There are several grades

of these intermediate schools, such as the _district school_ and

_under-gymnasium_. In these, still more advanced literary, technical,

and artistic instructions are given. The ancient languages, Greek,

Latin, natural history, physics, and chemistry are taught. Many of

them are free, and in no case does the fee exceed 25 to 40 francs

for the scholastic year. The greater portion of the expense of these

schools is defrayed by the Communes, some of the cantonal governments

assisting. The Canton of Bern pays one-half the salaries of the

teachers, and pensions meritorious and indigent pupils from 50 to 100

francs per annum. The highest grade of an intermediate school is the

high-school or _gymnasium_. The course is from three to six years, and

is preparatory for the university. Pupils who obtain a “certificate” at

the close of the gymnasium curriculum are, as a rule, enabled to enter

the university or the polytechnic without examination. These schools

are all subject to cantonal control and supported by them, except in

a few of the largest towns, where they are under municipal authority,

and then the towns bear much of the expense. With the exception of the

federal palace, the most costly structure in Bern is the _gymnasium_,

and the same relative superiority prevails as to these school buildings

throughout Switzerland. The age for admission is from fifteen to

seventeen years, with a fee from 10 to 100 francs covering the annual

session. There are 58 of these _gymnasiums_, with 12,500 students. As a

fair sample, the weekly curriculum of a first-class girls’ _gymnasium_

in Bern may be given:

Monday, history; Tuesday, religion; Wednesday, arithmetic; Thursday,

religion; Friday, French; Saturday, religion, eight to nine o’clock.

Monday, German; Tuesday, French; Wednesday, geography; Thursday,

singing; Friday, German; Saturday, French, nine to ten o’clock.

Monday, arithmetic; Tuesday, natural history; Wednesday, German;

Thursday, history; Friday, natural history; Saturday, geography, ten to

eleven o’clock.

Monday, gymnastics; Tuesday, singing; Wednesday, French; Thursday,

German; Friday, arithmetic; Saturday, arithmetic, two to three o’clock

P.M.

Monday, drawing; Tuesday, readings; Wednesday, holiday; Thursday,

book-keeping; Friday, readings; Saturday, holiday, three to four

o’clock P.M.

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