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These orders not being complied with, the Diet determined to carry them into effeçt 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 guarantecs, 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.]

PART SECOND.

ABSOLUTE INTERNATIONAL RIGHTS OF STATES.

PART SECOND.

ABSOLUTE INTERNATIONAL RIGHTS OF STATES.

CHAPTER I.

RIGHT OF SELF-PRESERVATION AND INDEPENDENCE.

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The rights, which sovereign States enjoy with regard $1. Rights

of sovereign to one another, may be divided into rights of two sorts : States, with primitive, or absolute rights; conditional, or hypothetical one rights.1

Every State has certain sovereign rights, to which it is entitled as an independent moral being; in other words, because it is a State. These rights are called the absolute international rights of States, because they are not limited to particular circumstances.

The rights to which sovereign States are entitled, under particular circumstances, in their relations with others, may be termed their conditional international rights; and they cease with the circumstances which gave rise to them. They are consequences of a quality of a sovereign State, but consequences which are not permanent, and which are only produced under particular circumstances. Thus war, for example, confers on belligerent or neutral States certain rights, which cease with the existence of the war.

Of the absolute international rights of States, one of $2. Right the most essential and important, and that which lies servation.

1 Klüber, Droit des Gens Moderne de l'Europe, 8 36.

Right of

at the foundation of all the rest, is the right of self-preservation. It is not only a right with respect to other States, but a duty with respect to its own members, and the most solemn and important which the State owes to them. This right necessarily involves all other incidental rights, which are essential as means to give effect to the principal end.

. Among these is the right of self-defence. This again self-defence involves the right to require the military service of all modified by the equal its people, to levy troops and maintain a naval force, to Other States, build fortifications, and to impose and collect taxes for or by treaty, all these purposes. It is evident that the exercise of these absolute sovereign rights can be controlled only by the equal correspondent rights of other States, or by special compacts freely entered into with others, to modify the exercise of these rights.

In the exercise of these means of defence, no independent State can be restricted by any foreign power. But another nation may, by virtue of its own right of self-preservation, if it sees in these preparations an occasion for alarm, or if it antici. pates any possible danger of aggression, demand explanations; and good faith, as well as sound policy, requires that these inquiries, when they are reasonable and made with good intentions, should be satisfactorily answered.

Thus, the absolute right to erect fortifications within the territory of the State has sometimes been modified by treaties, where the erection of such fortifications has been deemed to threaten the safety of other communities, or where such a concession has been extorted in the pride of victory, by a power strong enough to dictate the conditions of peace to its enemy. Thus, by the Treaty of Utrecht, between Great Britain and France, confirmed by that of Aix-la-Chapelle, in 1748, and of Paris, in 1763, the French government engaged to demolish the fortifications of Dunkirk. This stipulation, so humiliating to France, was effaced in the treaty of peace concluded between the two countries, in 1783, after the war of the American Revolution. By the treaty signed at Paris, in 1815, between the Allied Powers and France, it was stipulated that the fortifications of Huningen, within the French territory, which had been constantly a subject of uneasiness to the city of Basle, in the Helvetic Confederation, should be demolished, and should never be renewed or replaced

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