The Story of Switzerland

by Lina Hug; Richard Stead

The cession of Nice and Savoy to Napoleon III. by Victor Emmanuel in 1859-60, led to dissensions with the emperor, which might have turned out serious, the Swiss having some claims on Chablais and Faucigny. The point is not settled even yet. There have also been disputes with the Papal See, consequent on the development of the Old Catholic movement, and the Pope's encroachments. Though the old diocese of Geneva had been long abolished, Pius IX. appointed Mermillod as bishop. Lachat, Bishop of Solothurn, turned out of their cures several priests for declining to accept the dogma of infallibility. The exasperation in the country was great, the two bishops were banished from Switzerland, and the Papal Nuncio was discharged. It was not till 1883 that Mermillod was allowed to return.

It remains to speak briefly of some of the constitutional revisions which have taken place, up to 1883, or even to the present moment. In 1874 the Federal Pact was amended. Briefly the improvement on the pact of 1848 consisted mainly in arranging a better and more effective centralization in financial, military, and judicial matters. Experience had brought to light many defects in the representative system. Personal, local, or class interests often weighed more with delegates than national interests; or occasionally a minister would assume too great powers to himself. To give the people a more direct share in the legislation, two institutions were set on foot which are peculiar to Switzerland. These are the "Initiative" and the "Referendum." They are perhaps the furthest developments of democracy yet reached, and are exciting considerable interest in English-speaking countries at the present time.

The Initiative is a development of the right of petitioning. By it any voter or voters may propose new legislation, and if the requisite number of voters can be got to support the proposal by signing the formal petition in its favour, the matter must be put to the popular vote. The number of signatures necessary is five thousand in the case of cantonal legislation, and fifty thousand in Federal matters. The people have thus always the power to bring on the discussion of any matter, however much the Council, or the legislators may object.

VIEW OF SION. (From a Photograph.)

The Referendum, which by the way is far more frequently applied, secures that any law passed by the cantonal assemblies, or by the Federal Assembly, shall be put before the forum of the whole people[106]—referred to the whole body of voters—if again the required number of supporters can be got together. In cantonal matters this number is the same as in the case of the Initiative; in matters relating to the Confederation, thirty thousand votes, or eight cantons are necessary. There are two kinds of Referendum, adopted by different parts of the country, the "facultative," or optional Referendum, by St. Gall, Zug, Lucerne, Baselstadt, Schaffhausen, Vaud, Neuchâtel (1882), Geneva, Ticino (1883); and the "obligatory" or compulsory Referendum, which obtains in Zurich (1869), Bern (1869), Thurgau, Aargau, Solothurn, Schwyz, Graubünden, and Baselland. Uri, Glarus, the two Unterwalden, and the two Appenzell cantons, still cling to their old landsgemeinde, whilst Valais has a financial Referendum, and Freiburg is content with its older representative form of government. Opinion is much divided in Switzerland as to the value of the Referendum. In this, probably, most Swiss agree, that an arrangement which places the sovereign will of the people above that of the authorities and legislative bodies is a good arrangement, providing the people at large are intelligent and educated. And here Switzerland shows to great advantage. Probably no people in the world have so fully and so clearly recognized that "education alone makes free." The Swiss educational system is such, that it reaches down to the poorest child and penetrates into the remotest valley. All primary education is gratuitous and compulsory. If any people deserve by education and intelligence to be entrusted with powers like that conferred by the Referendum, it is the Swiss. Yet men of every political shade admit that the Referendum is a two-edged weapon which may cut both ways. It is at any rate no new thing in Switzerland. It may be styled a landsgemeinde by ballot. And, as far back as the sixteenth century, the question of the Reformation was put to the Referendum—in a somewhat different way, it is true—both in Zurich and Bern. In its present form, of course, the Referendum is modern. It is curious to find that though introduced by the advanced democratic party it turns out in actual working to be a decidedly conservative measure. It may stop a sound and beneficial measure occasionally, but it is more likely to check rash and insufficiently considered legislation, as the Swiss are naturally averse to needless changes. An example or two may serve to illustrate this. Baselland thrice brought forward a Bill for the revision of its cantonal code; thrice the Bill was rejected, under the compulsory Referendum. At Zurich quite recently (spring of 1889), the Grand Council wished to bring in a new law for bettering the education of the masses by improving the supplementary schools. The country labourers had a majority, and rejected the measure, objecting, it is said, to the additional expenditure. It is to be hoped, however, that this measure will be carried eventually. On the whole, perhaps, the "facultative" Referendum is to be preferred to the obligatory. We may mention, in conclusion, that out of 107 Bills passed by the Federal Council, between 1874 and 1886, nineteen were submitted to the Referendum, and of these nineteen, but six were ultimately adopted by the whole body of voters thus appealed to.[107]

LAW COURTS AT LAUSANNE.

FOOTNOTES:

[103] There is, in fact, no office in Switzerland similar to that of the United States President, though foreigners nearly always speak of the President of the Swiss Republic, when they mean simply the Chairman of the Cabinet.