Confedera The Swiss Confederation, as remodelled by the fede-25. Swiss ral pact of 1815, consists of a union between the then tion. twenty-two Cantons of Switzerland; the object of which is declared to be the preservation of their freedom, independence, and security against foreign attack, and of domestic order and tranquillity. The several Cantons guarantee to each other their respective constitutions and territorial possessions. The Confe contained in the resolution. The conditions having been accepted by the Executive Government, the Congress and people of Texas, in convention, and a State Convention, having formed a Constitution, which was laid before Congress, Texas was, on 29th December, 1845, admitted into the Union, on an equal footing with the original States. Congressional Globe, 1843-4, Part I. p. 6, 662. Id. Part II. p. 448. United States Statutes at Large, vol. v. p. 797. Id. vol. ix. p. 108. There is an apparent departure from the principle, that all negotiations with foreign powers must be with the General Government, and that foreign powers are not to interfere in the relations between the United States and individual States, in the provision contained in the fifth article of the Treaty of August 9th, 1842, that certain payments should be made by the government of the United States to the States of Maine and Massachusetts. This stipulation, which might be construed to justify foreign interference with our federal relations, was deemed by Lord Ashburton to call for a disclaimer, on the part of Great Britain, of the assumption of any responsibility for these engagements, his negotiations having been with the General Government only. Lord Ashburton to Mr. Webster. Webster's Works, vol. vi. p. 289. But though the government of the United States is, under the Constitution, alone competent to contract with a foreign power, a treaty may contain provisions requiring, as preliminary to its going into operation, the passage of laws, or the performance of other acts by the individual States; but such conditions would no more make them parties to the negotiation than the British American Provinces are to the Convention of the 5th of June, 1854, between the United States and Great Britain, to which the subjoined remarks of the American Attorney-General refer:-"In the case of that treaty, it is stipulated between the high contracting parties that, before it shall take full effect, certain laws shall be enacted by the Provincial Parliaments of Canada, New Brunswick, Nova Scotia, and Prince Edward's Island; but that stipulation is entered into not for any object of the United States, but for purposes of the domestic policy of the British Government, in its relation to those provinces. In like manner, the Federal Government, if it had seen cause, might have proposed a correspondent stipulation, in regard to its coast fisheries; for instance, that the treaty should take effect as to that matter only, on condition of certain laws being enacted by the Legislative Assemblies of such of the several States of the Union as are specially affected by that part of the treaty, in having their coast fisheries thrown open to the subjects of the United Kingdom. But if such a stipulation had been proposed, it would have been for considerations appertaining to the relation of the Federal Government to the individual States of the Union, and not on account of any relation of theirs to the United Kingdom." Opinion of Mr. Cushing, Attorney-General, Oct. 3, 1854.] deration has a common army and treasury, supported by levies of men and contributions of money, in certain fixed proportions, among the different Cantons. In addition to these contributions, the military expenses of the Confederation are defrayed by duties on the importation of foreign merchandise, collected by the frontier Cantons, according to the tariff established by the Diet, and paid into the common treasury. The Diet consists of one deputy from every Canton, each having one vote, and assembles every year, alternately, at Berne, Zurich, and Lucern, which are called the directing Cantons, (vorort.) The Diet has the exclusive power of declaring war, and concluding treaties of peace, alliance, and commerce, with foreign States. A majority of three fourths of the votes is essential to the validity of these acts; for all other purposes, a majority is sufficient. Each Canton may conclude separate military capitulations and treaties, relating to economical matters and objects of police, with foreign powers; provided they do not contravene the federal pact, nor the constitutional rights of the other Cantons. The Diet provides for the internal and external security of the Confederation; directs the operations, and appoints the commanders of the federal army, and names the ministers deputed to other foreign States. The direction of affairs, when the Diet is not in session, is confided to the directing Canton, (vorort,) which is empowered to act during the recess. The character of directing Canton alternates every two years, between Zurich, Berne, and Lucerne. The Diet may delegate to the directing Canton, or vorort, special full powers, under extraordinary circumstances, to be exercised when the Diet is not in session; adding, when it thinks fit, federal representatives, to assist the vorort in the direction of the affairs of the Confederation. In case of internal or external danger, each Canton has a right to require the aid of the other Cantons; in which case, notice is to be immediately given to the vorort, in order that the Diet may be assembled, to provide the necessary measures of security. tion of the Swiss Con federation Constitu- The compact, by which the sovereign Cantons of Switzerland are thus united, forms a federal body, compared which, in some respects, resembles the Germanic Conof the Ger- federation, whilst in others it more nearly approximates with those 1 Martens Nouveau Recueil, tom. viii. p. 173. federation United to the American Constitution. Each Canton retains manic Con its original sovereignty unimpaired, for all domestic pur- and of the poses, even more completely than the German States; States. but the power of making war, and of concluding treaties of peace, alliance, and commerce, with foreign States, being exclusively vested in the federal Diet, all the foreign relations of the country necessarily fall under the cognizance of that body. In this respect, the present Swiss Confederation differs materially from that which existed before the French Revolution of 1789, which was, in effect, a mere treaty of alliance for the common defence against external hostility, but which did not prevent the several Cantons from making separate treaties with each other, and with foreign powers.1 since 1880, the federal 1815. Since the French Revolution of 1830, various changes Abortive have taken place in the local constitutions of the differ- attempts, ent Cantons, tending to give them a more democratic to change character; and several attempts have been made to pact of revise the federal pact, so as to give it more of the character of a supreme federal government, or Bundesstaat, in respect to the internal relations of the Confederation. Those attempts have all proved abortive; and Switzerland still remains subject to the federal pact of 1815, except that three of the original Cantons, - Basle, Unterwalden, and Appenzel, - have been dismembered, so as to increase the whole number of Cantons to twenty-five. But as each division of these three original Cantons is entitled to half a vote only in the Diet, the total number of votes still remains twenty-two, as under the original federal pact.2 (a) 1 Merlin, Répertoire, tit. Ministre Public. 2 Wheaton, Hist. Law of Nations, p. 494–496. (a) [In 1846, a separate armed league of the seven Catholic Cantons, termed Sonderbund, was formed. They had been previously connected by a league, called the League of Sarnen; but their new organization became professedly an armed Confederation. Its members bound themselves to furnish contingents of men and money, and to obey a common military authority — all declared to be exclusively for purposes of common defence. This association being at variance with the sixth article of the federal pact, which says, "No alliances shall be formed by the Cantons among each other, prejudicial either to the general confederacy or the rights of the other Cantons," it was resolved by the Diet to be illegal, and declared to be dissolved. At the same time, the excitement was increased by the decree, directing the same Cantons to expel the Jesuits from their territories. These orders not being complied with, the Diet determined to carry them into effect by force, which was done before the proffer of mediation by the five great powers was received. These events were not however without their influence upon the subsequent occurrences of 1848. On 12th of September of that year a new constitution was voted by the Diet. It commences by acknowledging the sovereignty of the Cantons, but in subordination to the sovereignty of the State. All Swiss citizens are declared equal before the laws. The constitution guarantees, likewise, the Cantonal constitutions; reserving the right of interposing in constitutional questions which may arise in the Cantons. Every separate alliance among the Cantons, every Sonderbund, is prohibited. The right of peace or war, and the power of concluding treaties, political or commercial, belong to the Confederation. If any disturbances arise in the interior of any Canton, the federal government may interpose without awaiting an application to it; and it is its duty to interpose when these disturbances compromise the safety of Switzerland. The Confederation has not the right of maintaining a permanent army; but the contingents of the Cantons are organized under federal laws. The treasury of the Confederation pays part of the expenses of military instruction, which is directed and superintended by federal officers. The principle of the organization of the army is, that every Swiss citizen is held to military service, The Confederation may construct, or grant aid for the construction, of public works. It may suppress the tolls, and transit duties between the Cantons, and collect, at the frontiers of Switzerland, duties of importation, of exportation, and of transit. It is entrusted with the administration of the posts throughout Switzerland; it exercises a supervision over the roads and bridges, fixes the monetary standard, and establishes uniformity of weights and measures; it secures to all Swiss, of every Christian creed, the right of settling, under certain conditions, in any part of the Swiss territory. Freedom of worship, according to any of the acknowledged Christian creeds, is guaranteed; as well as the liberty of the press, and the right of assembling together. The Confederation claims the right of sending out of the territory foreigners, whose presence may compromise the internal tranquillity of Switzerland, or its external peace. The supreme authority is exercised by a Federal Assembly, divided into two Houses or Councils ; the National Council, and the Council of the States. The National Council consists of one deputy elected for every twenty thousand souls. The Council of the States is composed of forty-four deputies named by the Cantons; two for each. The two Councils choose a Federal Council, the General-in-Chief, and the Chief of the General Staff. The Federal Council is composed of three members, chosen for three years; and only one member can be chosen from the same Canton. The duties of this Federal Council consist in superintending the interests of the Confederation abroad, and especially its international relations. In cases of urgency, and during the recess of the Federal Assembly, it is authorized to levy the necessary troops, and dispose of them, subject to the duty of convoking the Councils immediately, if the troops raised exceed two thousand men, or if they remain in service more than three weeks. The Council renders an account of its proceedings to the Federal Assembly, at every ordinary session. There is a federal tribunal, for the administration of justice in federal matters; and trial by jury is provided in criminal cases. Annual Reg. 1847, p. 370. Annuaire des Deux Mondes, 1850, p. 37.] |