PART V.-SWITZERLAND

CHAPTER XXII

THE CONSTITUTIONAL SYSTEM-THE CANTONS

I. THE CONFEDERATION AND ITS CONSTITUTIONS Among the governments of contemporary Europe that of the federal republic of Switzerland is unique; and the constitutional experiments which have been, and are being, undertaken by the Swiss people give the nation an importance for the student of politics altogether out of proportion to its size and population. Nowhere in our day have been put to the test in more thoroughgoing fashion the principles of federalism, of a plural executive, of proportional representation, of the initiative and the referendum, and, it may be said, of radical democracy in general. The results attained within a sphere so restricted, and under conditions of race, religion, and historical tradition so unusual, may or may not be accepted as evidence of the universal practicability of these principles. At the least, they are of acknowledged interest. 447. The Confederation in the Eighteenth Century. In the form in which it exists to-day the Swiss Confederation is a product of the middle and later nineteenth century. The origins of it, however, are to be traced to a very much remoter period. Beginning with the alliance of the three forest cantons of Uri, Schwyz, and Unterwalden in 1291,1 the Confederation was built up through the gradual creation

1 For an English version of the Perpetual League of 1291 see Vincent, Government in Switzerland, 285-288. The best account in English of the origins of the Confederation is contained in W. D. McCrackan, The Rise of the Swiss Republic (2d ed., New York, 1901). Important are A. Rilliet, Les origines de la confédération suisse (Geneva, 1868); P. Vauchier, Les commencements de la confédération suisse (Lausanne, 1891); W. Oechsli, Die Anfange der schweizerischen Eidgenossenschaft (Zürich, 1891). Of the last-mentioned excellent work there is a French translation, under the title Les origines de la confédération suisse (Bern, 1891). The origins of the Swiss Confederation were described in a scientific manner for the first time in the works of J. E. Kopp: Urkunden zur Geschichte der eidgenössischen Bünde (Leipzig and Berlin, 1835), and Geschichte der eidgenössischen Bünde (Leipzig and Berlin, 1845-1852). The texts of all of the Swiss alliances to 1513 are printed in J. von Ah, Die Bundesbriefe der alten Eidgenossen (Einsiedeln, 1891).

of new cantons, the splitting of old ones, the reorganization of dependent territories, and the development of a federal governmental system, superimposed upon the constitutional arrangements of the affiliated states. In 1789, when the French Directory, at the instigation of Napoleon, took it upon itself to revolutionize Switzerland, the Confederation consisted of thirteen cantons.1 With it were associated certain Zugewandte Orte, or allied districts, some of which eventually were erected into cantons, together with a number of Gemeine Vogteien, or subject territories. The Confederation comprised simply a Staatenbund, or league of essentially autonomous states. Its only organ of common action was a diet, in which each canton had a right to one vote. Save in matters of a purely advisory nature, the powers of this diet were meager indeed. Of the cantons, some were moderately democratic; others were highly aristocratic. The political institutions of all were, in large measure, such as had survived from the Middle Ages.

448. The Helvetic Republic.-The result of the French intervention of 1798 was that, almost instantly, the loosely organized Swiss confederation was converted into a centralized republic, tributary to France, and under a constitution which was substantially a reproduction of the French instrument of 1795. Under the terms of this constitution the territories of the Confederation were split up into twentythree administrative districts, corresponding in but rare instances to the earlier cantons,2 a uniform Swiss citizenship was established, a common suffrage was introduced, freedom of speech and of the press was guaranteed, and unity was provided for in the coinage, the postal service, and the penal law. A government of ample powers was set up, with its seat at Lucerne, its organs comprising a Grand Council of deputies elected indirectly in the cantons in proportion to population, a Senate of four delegates from each canton (together with retiring members of the Directory), and an Executive Directory of five mem

1 Lucerne joined the alliance in 1332; Zürich in 1351; Glarus and Zug in 1352; Bern in 1353; Freiburg and Solothurn in 1481; Basel and Schaffhausen in 1501; and Appenzell in 1513. "Swiss history is largely the history of the drawing together of bits of each of the Imperial kingdoms (Germany, Italy, and Burgundy) for common defense against a common foe-the Hapsburgs; and, when this family have secured to themselves the permanent possession of the Empire, the Swiss league little by little wins its independence of the Empire, practically in 1499, formally in 1648. Originally a member of the Empire, the Confederation becomes first an ally, then merely a friend." Encyclopedia Britannica, 11th ed., XXVI., 246.

To these districts, however, the name canton was applied; and, indeed, this was the first occasion upon which the name was employed officially in Switzerland.

bers, with whom were associated, for administrative purposes, four appointed heads of departments. The French intervention was ruthless and the governmental order thrust upon the Swiss had no root in national tradition or interest. The episode served, however, to break the shackles of mediævalism and thus to contribute to the eventual establishment of a modernized nationality. July 2, 1802, following a series of grave civil disturbances, the constitution of 1798 was superseded by a new but similar instrument, which was imposed by force despite an adverse popular vote.1

449. The Act of Mediation, 1803.-Under the circumstances reaction was inevitable, and the triumph of the "federalists" came more speedily than might have been expected. In deference to preponderating sentiment in the territories, Napoleon, February 19, 1803, promulgated the memorable Act of Mediation, whereby he authorized the re-establishment of a political system that was essentially federal.2 Once again there was set up a loose confederation, under a constitution which, however, provided for a central government that was distinctly more substantial than that which had prevailed prior to 1798. The right, for example, to make war and to conclude treaties, withdrawn entirely from the individual cantons, was conferred specifically upon the federal Diet. To the thirteen original cantons were added six new ones-Aargau, Thurgau, Vaud, Ticino, and the Grisons (St. Gall and Graubünden)-the first four formed from districts which under the old régime had occupied the status of subordinate territory, the last two having been formerly "allied states." In the Diet six cantons (Bern, Zürich, Vaud, Aargau, St. Gall, and Graubünden) which had a population in excess of 100,000 were given each two votes. All others retained a right to but one. The executive authority of the Confederation was vested by turns in the six cantons of Bern, Freiburg, Lucerne, Zürich, Basel and Solothurn, the "directorial" canton being known as the Vorort, and its chief magistrate as the Landammann, of the Confederation. The principle of centralization was in large part abandoned; but the equality of civil rights which the French had introduced was not allowed by Napoleon to be molested. It may be observed further that by the accession of the newly created cantons, containing large bodies of people who spoke French, Italian, and Romansch, the

1 McCrackan, Rise of the Swiss Republic, 295-312; A. von Tillier, Geschichte der helvetischen Republik, 3 vols. (Bern, 1843); Muret, L'Invasion de la Suisse en 1798 (Lausanne, 1881-1884); L. Marsauche, La confédération helvétique (Neuchâtel, 1890).

2 It is in this instrument that the Confederation was for the first time designated officially as "Switzerland."

league ceased to be so predominantly German as theretofore it had been.1

450. The Pact of 1815 and the Revival of Particularism.→→The Act of Mediation, on the whole not unacceptable to the majority of the Swiss people, save in that it had been imposed by a foreign power, continued in operation until 1813. During the decade Switzerland was essentially tributary to France. With the fall of Napoleon the situation was altered, and December 29, 1813, fourteen of the cantons, through their representatives assembled at Zürich, declared the instrument to be no longer in effect. Led by Bern, eight of the older cantons determined upon a return to the system in operation prior to 1798, involving the reduction of the six most recently created cantons to their former inferior status. Inspired by the Tsar Alexander I., however, the majority of the Allies refused to approve this programme, and, after the Congress of Vienna had arranged for the admission to the confederacy of the three allied districts of Valais, Geneva, and Neuchâtel, there was worked out, by the Swiss themselves, a constitution known as the "Federal Pact," which was formally approved by the twenty-two cantons at Zürich, August 7, 1815.2

3

By this instrument the ties which bound the federation together were still further relaxed. The cantons regained almost the measure of independence which they had possessed prior to the French intervention. The Diet was maintained, on the basis now of one vote for each canton, regardless of size or population. It possessed some powers, -for example, that of declaring war or peace, with the consent of three-fourths of the cantons,-but there were virtually no means by which the body could enforce the decrees which it enacted. The executive authority of the Confederation was vested in the governments of the three cantons of Zürich, Lucerne, and Bern, which, it was stipulated, should serve in rotation, each during a period of two years. Practically all of the guarantees of common citizenship, religious toleration, and individual liberty which the French had introduced were rescinded, and during the decade following 1815 the trend in most of the more important cantons was not only particularistic but also

'Cambridge Modern History, IX., Chap. 4 (bibliography, pp. 805-807). The best general work on the period 1798-1813 is W. Oechsli, Geschichte der Schweiz im XIX. Jahrhundert (Leipzig, 1903), I.

This statement needs to be qualified by the observation that the half-canton Nidwalden approved the constitution August 30, and only when compelled by force to do so.

'Three of the cantons-Unterwalden, Basel, and Appenzell—were divided into half-cantons, each with a government of its own; but each possessed only half a vote in the Diet.

distinctly reactionary. The smaller and poorer ones retained largely their democratic institutions, especially their Landesgemeinden, or primary assemblies, but it was only after 1830, and in some measure under the stimulus of the revolutionary movements of that year, that the majority of the cantonal governments underwent that regeneration in respect to the suffrage and the status of the individual which lay behind the transforming movements of 1848.1

451. Attempted Constitutional Revision: the Sonderbund.—The period between 1830 and 1848 was marked by not fewer than thirty revisions of cantonal constitutions, all in the direction of broader democracy.2 The purposes of the liberal leaders of the day, however, extended beyond the democratization of the individual cantons. The thing at which they aimed ultimately was the establishment, through the strengthening of the Confederation, of a more effective nationality. On motion of the canton of Thurgau, a committee was authorized in 1832 to draft a revision of the Pact. The instrument which resulted preserved the federal character of the nation, but provided for a permanent federal executive, a federal court of justice, and the centralization of the customs, postal service, coinage, and military instruction. By a narrow majority this project, in 1833, was defeated. It was too radical to be acceptable to the conservatives, and not sufficiently so to please the advanced liberals.

The obstacles to be overcome-native conservatism, intercantonal jealousy, and ecclesiastical heterogeneity-were tremendous. More than once the Confederation seemed on the point of disruption. In September, 1843, the seven Catholic cantons 3 entered into an alliance, known as the Sonderbund, for the purpose of defending their peculiar interests, and especially of circumventing any reorganization of the confederacy which should involve the lessening of Catholic privilege; and, in December, 1845, this affiliation was converted into an armed league. In July, 1847, the Diet, in session at Bern, decreed the dissolution of the Sonderbund; but the recalcitrant cantons refused to abandon the course upon which they had entered, and it was only after an eighteen-day armed conflict that the obstructive league was suppressed.*

1 B. Van Muyden, La suisse sous le pacte de 1815, 2 vols. (Lausanne and Paris, 1890-1892); A. von Tillier, Geschichte der Eidgenossenschaft während der sogen. Restaurationsepoche, 1814-1830, 3 vols. (Bern and Zürich, 1848-1850); ibid., Geschichte der Eidgenossenschaft während der Zeit des sogeheissenen Fortschritts, 1830-1846, 3 vols. (Bern, 1854-1855).

2 McCracken, Rise of the Swiss Republic, 325-330.

Lucerne, Uri, Schwyz, Unterwalden, Zug, Freiburg, and the Valais.

'A. Stern, Zur Geschichte des Sonderbundes, in Historische Zeitschrift, 1879;