It could hardly be conceived at Bern, that the French should have advanced without meeting any resistance up to Yverdun, while the headquarters of Colonel Weiss were withdrawn behind Avenche. He was instantly dismissed from his command, which was transferred to General Erlach of Hindelbank; but the evil effects of exorbitant discretionary powers had been so sensibly felt, that the opposite extreme was now adopted. Meanwhile, the leading statesmen of Bern, had, at length, became convinced that concessions must be made to the people. Fifty-two members were added to the great council from amongst the burghers, citizens of the minor towns, and rural inhabitants. It was resolved to introduce, within a year’s time, a new constitution; in which admission to every public function should be open to all, and due proportion should be observed in the emoluments of all public services. These resolutions were laid before the directory, together with a demand for the withdrawal of the French troops. The government also stooped to make a like communication to Mengaud, to acquaint him with the actual political system of Bern, and inform him of the wish of that canton to preserve peace with France. Mengaud made just such an answer as ought to have been expected from him. He demanded a prompt and complete change of the old political system, declared that further delays could not be suffered by the majesty of the French Republic; and designated the persevering defenders of the existing order as a handful of inveterate tyrants.

Disregarding their own positive engagements, the French, on the 8th of February, took possession of the town of Bienne. Yet the confederates still hoped to conciliate France, and were encouraged in this illusion by General Brune, who now commanded the French troops, reinforced by several thousand men, and fixed his headquarters at Payerne. This subtle leader, who, without having performed a lengthened public career, was, to borrow a diplomatic expression, rompu dans les affaires, proposed, with artful blandishments, and with hinted hopes of peaceful adjustment, an armistice of fourteen days; during which the discipline and enthusiasm of the Bernese army had time to abate, indecision and distrust to increase, and recruits to join the French army.

Meanwhile, General Schauenburg had collected a division of troops on the frontiers of Solothurn and Bern, equal in strength to that of Brune. The latter announced, on the 26th of February, that he had received full powers to treat from the executive directory. He proposed his ultimatum to the Swiss delegates, that without farther delay they should introduce a provisional government, take measures for the establishment of a new constitution, with securities for freedom and equality, liberate all prisoners for political offences, and withdraw their own troops, as well as those of the other cantons. On the due fulfilment of these conditions, the French troops should be drawn off likewise; and should not again enter the Swiss territory, unless the government called for their assistance.

On the very day when Brune had given his insolent ultimatum, Erlach entered the great council at Bern, accompanied by eighty of his officers, who were members, like himself, of that body. In a moment of unusual resolution, he was invested with full powers to commence hostilities on the close of the armistice. However, two days afterwards, the delegates returned from Brune’s encampment at Payerne. Erlach and his brothers in arms were no longer present in council; the rest of that body were paralysed by the imminent and gigantic danger; and the full powers which had just been given the general were taken away. The same evening, Erlach received instructions not to attack the French, which fired his troops with anger and suspicion, and tended to confirm the belief in the treachery of their leaders, already widely prevalent in the army. Brune’s ultimatum, in all its principal features, was accepted. The delegates of Zurich, Wyss, and Tscharner sought a conference with him, when he renewed his former offers in cold and peremptory language; but now added a novel stipulation to them, namely, that, even after the confederate troops were disbanded, his should remain till the new constitution should be established. It was affirmed, truly or otherwise, that he granted, without difficulty, an extension of the truce for twenty-four hours; notwithstanding which, the delegates, on their return, saw his troops already in motion for the attack. Orders for the commencement of hostilities had also been forwarded from the council of war at Bern to the army, and two hours afterwards, retracted.

In obedience to the first of these contradictory instructions, the Bernese colonel Gross had given notice to the French outposts that the truce would come to an end at ten in the evening of the 1st of March; but when he withdrew his former announcement on the arrival of counter-orders, Schauenburg would admit no further parley. He had already attacked, without warning, the old castle of Dornach, in the neighbourhood of Bâle, which sustained a siege of twenty-four hours. The attack of a Bernese division near Vingels was repulsed with loss, and the French surprised the Bernese posts at Lengnau, which they carried after an obstinate resistance. The town of Solothurn capitulated, on Schauenburg’s appearance before it. The passage across the Aar now lay open to the French troops. Fribourg was attacked and taken, though a stand was made by the Bernese garrison.

Erlach was now compelled to withdraw his troops behind the Aar and the Sense; though it was not without extreme reluctance that the men of Bern abandoned Morat. On the 3rd of March, Brune destroyed one of the finest monuments of Swiss courage and union, the Ossuary of Morat; and the French, among whom were many natives of Burgundy, honoured the bones of their ancestors with a grave, after an interval of more than three hundred years. Now at length, Bern, Solothurn, and Fribourg proclaimed a levy en masse of the able-bodied men within their territories. The Bernese army was in a dreadful state of confusion; particularly that division which stood directly opposed to Brune, in which the distrust and exasperation of the soldiers were at their highest pitch. Officers were dismissed by their soldiers, and others put in their place. Colonels Stettler and Ryhiner were bayonetted and shot before the very gates of Bern; and Colonels Crusez and Goumoens fell beneath the sabre-strokes of their own dragoons. Nevertheless, the troops were again assembled under command of Grafenried, who was admirably supported by his officers, and repulsed the French in every attempt to charge them at the point of the bayonet. Eighteen cannons were taken from the enemy, and their loss in men besides was very considerable.

The Capitulation of Berne; the Constitution Unitaire (1798 A.D.)

The native troops had now fully recovered spirit and confidence; but just as Grafenried prepared to cross the Sense at Neueneck, the decisive intelligence arrived that Bern was in the hands of the enemy! Early on the 5th, an attack had been made by Schauenburg on Solothurn. His force was far numerically superior to the Bernese; his horse artillery terrified the native militia by its novelty, and his cavalry was nearly eight-fold that of Bern in numbers. At Fraubrunnen, the French turned the left flank of the Bernese: in the Grauholz and at Breitenfeld their militia under Erlach offered a brave resistance, armed with scythes and other agricultural implements. Men, women, and even children mixed, and fell in the mortal struggle. On its unsuccessful issue, ensued the capitulation of Bern.

All was lost: the armed bands of the peasantry dispersed in every direction with loud accusations of treason against their officers, many of whom were slain by their own men. Amongst these was the general Erlach, an illustrious name in the annals of Bern. That unfortunate commander, and the avoyer Steiger, when the fortune of the day was decided, retreated towards the Oberland, whither they knew that arms and money had already been despatched by the government, and where they still hoped to offer an effective resistance. But Erlach was murdered in the way by the enraged fugitives, who breathed nothing but revenge for their imaginary betrayal, and it was only by chance that Steiger did not meet a similar fate.

Even public extremity could not restore public spirit. Every little canton treated, armed, and cared for itself exclusively, totally regardless of the rest. Wherever the authorities had, till then, withheld freedom from their subjects, they no longer delayed to grant it; but bestowed emancipation with so ill a grace, as to indicate how gladly they would have refused it, had they dared.