The Cantons have deep-rooted and peculiar local institutions, in many cases of great vitality; laws handed down traditionally from generation to generation, often without having ever been committed to paper, much less to print. Until 1848 there was not one written and accepted cantonal constitution. A country where self-government has longest subsisted, and political institutions been most the subject of popular discussion and decision, it is at the same time a country in which innovations are with the most difficulty introduced. You might alter the whole political frame of government in the French republic with more facility than you could introduce the most insignificant change into the customs and fashions of the Swiss democracy. They seem as immovable as the mountains in which they were cradled. The French directory, in the ardor of their innovations, proposed to the peasants of the Forest Cantons a change in their league, and made the offer of fraternization, which had seduced the allegiance of so many other states, but these sturdy mountaineers replied, “Words cannot express, citizen directors, the profound grief which the proposal to accede to the new Helvetic League has occasioned in these valleys. Other people may have different inclinations, but we, the descendants of William Tell, who have preserved, without the slightest alteration, the constitutions which he has left us, have but one unanimous wish, that of living under the government which Providence and the courage of our ancestors have left us.”
The Confederation, in striving to make the general organization more systematic and uniform, must tenderly regard cantonal susceptibilities. The Swiss federal organization is firmly founded on cantonal precedents, traits, and features; and their self-assertive vitality and their direct influence make them the central subject of Swiss politics. The federal constitution designates the members of the Confederation as “sovereign Cantons;” and each of the cantonal constitutions says in effect, “This, under federal supremacy, is a sovereign Canton,” and each declares that the sovereignty within the Cantons rests on “the people as a whole.” “Sovereign state” is conspicuous in the constitution, federal and cantonal. It expresses national instincts, national experiences, and political education. All the elevating memories of national history, all the inspiring traditions which had bred into national sentiment, generation after generation, were connected with a league of states of almost insulated independence. Each Canton has always jealously clung to its own individuality and ancient customs. Every now and then the republic would be split up into smaller confederations for the purpose of maintaining the rights of state sovereignty; by these sectional strifes, the idea of isolation and individuality was handed on, gaining strength as it went, and becoming more and more a political instinct of the Swiss people.
Switzerland is a microcosm. In these five and twenty little states we have a miniature resemblance of all the phases of social and political life; every Canton contributes with friendly emulation to improve the domestic policy and strengthen the political relations of the Confederation; if they present no example worthy to be followed as a whole, there is still much in their detail that will most abundantly repay our study.
CHAPTER VII.
THE LANDSGEMEINDE.
In the republics of the ancient world, where representative assemblies were unknown, legislative power vested with the citizens, the sovereign power being exercised by the whole people, acting directly in their own persons. They met in what we should now call primary assemblies. This early democracy found its most logical expression in the Comitia of Rome and the Ecclesia of Syracuse. The Ecclesia embraced all citizens over twenty-one years of age, unless they had become liable to any loss of civic rights; it met so frequently, often once a week, that it would be inconceivable, if we did not remember that ordinary and professional labor was carried on not by the free citizens, but by the numerous slaves. The same plan prevailed in the early Teutonic tribes. Tacitus describes such an assembly, almost in the words of Homer: “In matters of inferior moment the chiefs decide; important questions are reserved for the whole community. When a public meeting is announced, they never assemble at the stated time; regularity would look like obedience; to mark their independent spirit, they do not convene at once, but two or three days are lost in delay. Each man takes his seat, completely armed. The king or chief of the community opens the debate; the rest are heard in their turn, according to age, renown in war, or fame for eloquence. No man dictates to the assembly; he may persuade, but cannot command. When anything is advanced not agreeable to the people, they reject it with a general murmur; if the proposition pleases, they brandish their javelins; this is the highest and most honorable mark of applause; they assent in a military manner, and praise by the sound of their arms.”
Montesquieu is of the opinion that, in this treatise on the manners of the Germans, by Tacitus, an attentive reader may trace the origin of the British constitution; a system which he claims was found in the forests of Germany. The Saxon Witenagemot was beyond all doubt an improved political institution, grafted on the rights exercised by the people in their own country. The author of the “European Settlements in America” writes: “The Indians meet in a house, which they have in each of their towns for the purpose, on every solemn occasion, to receive ambassadors, to deliver them an answer, to sing their traditionary war songs, or to commemorate the dead. These councils are public. Here they propose all such matters as concern the state, which have already been digested in the secret councils, at which none but the head men assist.”
During the Middle Ages these assemblies died out, and the right of making laws passed either to the sovereign or to a representative body; the older method surviving only in some of the Swiss Cantons. In Uri, in the half-Cantons composing Unterwalden and Appenzell, and in Glarus, the law-making body is the Landsgemeinde, the free assembly of all the qualified voters, the folk-moot. The whole people come together to pass laws, to nominate magistrates, to administer affairs, just as was formerly the case with the Germans of Tacitus and the Achaians of Homer; with less pretensions, however, than the assembly of a Greek city, for it is rather an agricultural democracy, such as Aristotle commended. It is the direct government dreamed of by Rousseau, who in his dislike of representative systems wrote the “Contrat Social,” demanding that the entire community should meet periodically to exercise its sovereignty. Rousseau suggests that he was led to the opinions advanced in this work, by the example of the ancient tribal democracies; yet at a later date he declared that he had the constitution of Geneva before his mind; and he cannot but have known that the exact method of government which he proposed still lived in the oldest Cantons of Switzerland; where by the raising of hands offices and dignities were distributed, and sanction given to the laws; where feudalism and royalty had never penetrated, and where the most perfect liberty reigned, without class struggles or social strife. The assemblies in the Cantons named are called Landsgemeinden,—that is, “National Communes.” It is a strictly precise term, implying that the whole country forms, so to say, a single Commune. This was the case originally. Later, as different villages were formed, they constituted separate autonomic Communes; but the great Commune of the Canton, with the General Assembly of all the inhabitants, the Landsgemeinde, was maintained. Under the Helvetic republic of 1798 the Landsgemeinde was abolished, in order to make way for the representative system. It was, however, re-established under Napoleon’s act of mediation, promulgated in 1803. The sagacity with which the First Consul discriminated the most important features in the condition of the Swiss Cantons, may be appreciated by the following extract from the speech he delivered on the formation of the internal constitution of the Confederacy: “The re-establishment of the ancient order of things in the democratic Cantons,” said he, “is the best course which can be adopted, both for you and me. They are the states whose peculiar form of government renders them so interesting in the eyes of all Europe; but for this pure democracy you would exhibit nothing which is not to be found elsewhere. Beware of extinguishing so remarkable a distinction. I know well that this democratic system of administration has many inconveniences; but it is established, it has subsisted for centuries, it springs from the circumstances, situation, and primitive habits of the people, from the genius of the place, and cannot with safety be abandoned. When usage and systematic opinion find themselves in opposition, the latter must give way. You must never take away from a democratic society the practical exercise of its privileges. To give such exercise a direction consistent with the tranquillity of the state, is the part of true political wisdom.”
Through a strange and happy combination of circumstances this ancient custom may still be seen in the Cantons of Uri, Unterwalden, Glarus, and Appenzell. The homely peasants who tend their own cows and goats upon the mountain-side, and by patient industry raise their little crops from the narrow patches of soil, hemmed in by rock and glacier, meet to discuss the affairs of their Canton, to make its laws, and to swear to observe them; a parliament of Swiss peasants, differing little in manner or habits from their forefathers of the thirteenth century. It affords a rare study in politics; an example of pure democracy such as poets might imagine, and speculative philosophers design. It was my privilege to have seen one of these primitive assemblies, held on the hill-side market-place of Trogen, the seat of government of Appenzell-ausser-Rhoden. Trogen is in the rolling, grassy, breezy Appenzell Alps, the home of primitive virtue, the stronghold of Swiss simplicity, honesty, and courage, and the region of light hearts and merry tongues. It was the first Sunday in May, from which day the Appenzellers date all the events of the year. Leaving St. Gallen for Trogen, some seven or eight miles distant, in a carriage, about nine o’clock in the morning of a bright and beautiful day, the main road and the many branches that entered it, as far as the eye could reach, were full of peasants making their way on foot to Trogen; every man carrying in one hand the family umbrella, and in the other an old sword or ancient rapier, which, on this occasion the law at once commands him to carry and forbids him to draw, and which is brought out for this day only from its dignified seclusion; each one wearing a short green coat, with a stiff high collar, and a silk hat, both bearing unmistakable evidence of being venerable heirlooms. The convening of the Landsgemeinde was announced at twelve o’clock M. by heralds, as a drum and fife corps, with a wonderful uniform of black and white, the cantonal colors. There were estimated to be present six to seven thousand voters. No provision was made for seating them, and all stood during the proceedings, which lasted nearly three hours. The assembly opened with a silent prayer, the Landammann setting the example, and instantaneously the thousands of heads were uncovered and bowed, with an indistinct but audible wave of sound from the speechless lips; then a national song in which all joined; the Landammann and his colleagues of the council mounted a rough platform erected in the centre of the field, draped with black and white, and with two ancient-looking swords crossed before it. Close attention was given to the Landammann while he addressed them as “Trusty, faithful, and well-beloved confederates.” He submitted a report of the administration of affairs for the past year, and proposed a few new laws and some amendments to the old laws. These were five in number, only two of which were accepted, by the raising of hands, the vote being taken without discussion; though each man had full right to speak his own mind as long as he pleased. The President, on behalf of the council, took from a bag, not of silk, but of plain homespun material, the seal of state and surrendered it into the hands of those by whom it had been given; and in delivering up this official charge he concluded with the statement, that he had not voluntarily injured any one, and asked the pardon of any citizen who might think himself aggrieved. The President and the members of the council then retired and took their places as simple citizens in the ranks of their fellows, leaving the Canton for the time being, without any executive official, an absolute interregnum. In a few moments some one in the crowd placed in nomination for re-election the retiring President, and he was unanimously chosen; the same process was repeated as to all the other members of the council; they then returned to the platform and resumed possession of the seal of state. Some subordinate officials were chosen in a similar manner, all without opposition except in the case of the grossweibel, for which place, owing to some charges of intemperance against the incumbent, there had arisen quite a contest, resulting in a half-dozen names being placed in nomination, each one of whom submitted his claims in a few remarks. The vote was taken for the several candidates, in turn, by uplifted hands, and the executive council found it impossible to decide who had received the most votes, until five trials were had, when the old official was declared re-elected. Neither the voting nor the result of this unusual contest was accompanied with the slightest manifestation of feeling. The entire proceeding was marked by an earnest, serious, reverent decorum, as could be found in any church service. When the newly-chosen Landammann enters upon his office, he first binds himself by an oath to obey the law, and then administers to the multitude before him the same oath. There was a heart-stirring solemnity in hearing the voice of these thousands of freemen, beneath the canopy of heaven, in firm, clear accent, pledging themselves to obey the laws which they themselves had made. The Landammann’s oath was: “To promote the welfare and honor of his fatherland, and to preserve it from injury; to enforce the constitution and laws of his country, to protect, defend, and assist widows and orphans, as well as all other persons, to the best of his power, and as the law and his conscience teach him; and that neither through friendship, enmity, nor bribe, nor for any other reason will he be moved to deviate therefrom. Likewise that he will accept no gifts from any prince or lord, except for the public purse.” The people swear: “To promote the welfare and honor of their fatherland, and to preserve it from injury, to protect its rights and liberties to the best of their power, to obey the laws of the magistrates as well as to defend the council and court, likewise to accept presents, bribes or gifts from no prince or lord, except for the public purse; and that every one to whatever position elected shall accept it, and do as well as he is able and has the power to do.” The foregoing oath, after being read to the multitude, was sworn to in a loud, distinct voice in the following form: “We have well understood what has been read to us. We will keep it truly and steadfastly, faithfully, and without fear, so truly as we wish and pray that God may help us.” The laws adopted by the Landsgemeinde of Appenzell in reference to these official oaths are very peculiar. They bear date 1634, and read: “Because an oath is a thing through which good law and order must be maintained, so for that reason it is highly necessary to consider it, in itself, seriously and well, humbly praying to God, the heavenly Father, that through his Holy Spirit he may enlighten our hearts, so that we may know what a true and false oath is, and may in time with the chosen ones live up to it eternally: Amen! A genuine oath is a considerate and solemn invocation and declaration to the true God, as the proper guardian of my heart, to be witness and judge of my sworn declaration or promise, to bless my body and soul if I swear in truth and sincerity, and if, on the contrary, I swear falsely, to punish my body and soul. At the same time every Christian who swears an oath shall lift up three fingers, by which will be signified the supreme power of God the Father, God the Son, and God the Holy Ghost; but the two last fingers shall remain bent back against the hand, and thereby will be represented the entire submission of soul and body to the supreme power of God. Now the man who is so forsaken and so hostile to himself as to reject in his heart what he professes in such a way with his mouth, in the face of the all-seeing God, swears a false oath. He swears, as if he said, I will rather be shut out from the community and benefaction of Christendom; or as if he said, the name of God and of our Saviour Jesus Christ shall never prove a help and comfort to me at the time when soul and body shall be separated; or as if he said, the grace of God, the redemption of Jesus Christ, and the strength of the Holy Ghost shall be entirely lost and thrown away on me, poor sinner. Finally, whoever swears falsely speaks as if he said, as I swear false to-day, so do I make myself guilty of this judgment, that my soul, which is indicated by the fourth finger, and my body, which is indicated by the fifth finger, shall be separated from every claim of the All Holy, and be deprived eternally and forever of the refreshing sight of our Lord Jesus Christ. Hereby can every Christian perceive and understand what is the meaning and effect of a false oath, and take heed against it, for the salvation of the soul. God guard us all eternally and forever from sorrow and grief: Amen!”
The Landsgemeinde at Uri is attended with much more display and elaborate ceremonial than that of Appenzell, and a description of it is here taken from Mr. Freeman’s essay on the “Growth of the English Constitution:”
“It is one of the opening days of May; it is the morning of Sunday; for men there deem that the better the day the better the deed; they deem that the Creator cannot be more truly honored than in using, in his sphere and in his presence, the highest of the gifts which he has bestowed on man. From the market-place of Altdorf, the little capital of the Canton, the procession makes its way to the place of meeting at Bözlingen. First marches the little army of the Canton, an army whose weapons never can be used save to drive back an invader from their lands. Over their heads floats the banner, the bull’s head of Uri, the ensign which led men to victory on the fields of Sempach and Morgarten. And before them all, on the shoulders of men clad in a garb of ages past, are borne the famous horns[50] whose blast struck such dread into the fearless heart of Charles of Burgundy. Then, with their lictors before them, come the magistrates of the commonwealth on horseback, the chief magistrate, the Landammann, with his sword by his side. The people follow the chiefs whom they have chosen to the place of meeting, a circle in a green meadow, with a pine forest rising above their head, and a mighty spur of the mountain-range facing them on the other side of the valley. The multitude of freemen take their seats around the chief ruler of the commonwealth, whose term of office comes that day to an end. The assembly opens; a short space is first given to prayer, silent prayer, offered up by each man in the temple of God’s own rearing. Then comes the business of the day. Thus year by year, on some bright morning of the springtide, the sovereign people, not intrusting its rights to a few of its own number, but discharging them itself in the majesty of its corporate person, meets in the open market-place or in the green meadow at the mountain’s foot, to frame the laws to which it yields obedience as its own work, to choose rulers whom it can afford to greet with reverence as drawing their commission from itself. You may there gaze and feel what none can feel but those who have seen with their own eyes, what none can feel in its fulness more than once in a lifetime, the thrill of looking for the first time face to face on freedom in its purest and most ancient form.”