THE SWISS CONFEDERATION.*
THE questions upon which most English readers will be desirous of consulting the interesting volume prepared by Sir Francis Adams, the late English Envoy at Berne, and his collaborator, Mr. Cunningham, will be those connected with the subject of the Referendum. The victory of the democratic principle in England during the present generation, has given to the various devices for correcting the errors and incon- veniences caused by the imperfect working of popular repre- sentative institutions a special and peculiar interest. It is felt even by those who admit most heartily and uncon- ditionally the necessity of government by the people, that representative institutions often prove a fallacious guide by which to determine the will of the majority on special occasions, and all wise and prudent friends and upholders of the democratic system are anxious to examine and consider any plan for ensuring its more perfect working. They are perfectly willing to abide by the vox populi, but they desire that the voice shall be a true and not a deflected echo. The danger of the present age is that bodies which are not the people, and which, were the people more easily articulate, would be repudiated by it, are apt to speak of any opposition to themselves as if it were a refusal to bow to the national will. In England up to the present time, we have thought it sufficient to rely upon the complicated machinery of a Constitution so delicately balanced as to feel almost instinctively the weight of public opinion, and so to counteract attempts on the part of a section to usurp the sovereignty of the body of the nation. Whether in the future the checks which have hitherto operated to prevent changes, unless really desired by the majority, will continue to act, is, of course, an open question; but undoubtedly they have so acted in England during the past. In the Con- stitutions of the United States, and of most of the individual States of the Union, an elaborately contrived machinery has been set up with the express purpose not of preventing the will of the electors being carried out, but of throwing obstacles in the way of their powers being temporarily usurped by bodies claiming to speak in their names but not actually representing their opinions on questions of fundamental importance. In America, however, the means adopted to secure this end have been for the most part indirect. It is not till we turn to Switzerland—the only other country in the world, besides England and the United States, in which the principles of sell-government have been fully carried out—that we find an instance of a nation deliberately supplementing representative government by the primitive expedient of a direct popular vote, and making the adoption of all important legislative measures dependent upon the con- currence of a majority of the population expressed at the polls. The Constitutions of the Swiss Confederation and of the various Cantons, speaking generally, provide that on all questions of special moment there shall be a Referendum, or reference to the people as a whole. Before discussing the results that flow from this institution, or describing its practical working, it may be as well to say something as to the form it assumes in Switzerland. To begin with, the Referendum is of two kinds, compulsory and optional. In the Federal Constitution, it is provided, firstly, that all legislation involving a revision of the Constitution shall be subject to an appeal to the voters ; and secondly, that when- ever thirty thousand citizens shall so demand, all Federal laws and all resolutions shall be submitted to the decision of the people. In the Cantons, a similar distinction and a similar • The Swirls Confederation. By Sir Francis ()Unwell Adams, and O. D. Cunningham. London : Macmillan and Co. 1880.
procedure prevail, except in Freiburg and in such places as still retain the venerable institution of the Landsgemeinde. In regard to the working of the Referendum in Switzerland, and the useful lessons which may be derived from it, we cannot do better than place before our readers the general conclusions on the subject set forth in their work by Sir F. Adams and Mr. Cunningham :—
"The Referendum has struck root and expanded wherever it has been introduced, and no serious politician of any party would now think of attempting its abolition. The Conservatives, who violently opposed its introduction, became its earnest supporters when they found that it undoubtedly acted as a drag upon hasty and radical law-making. It has given back to the people of Switzerland rights originally possessed by them in most of the old Cantons, but partly or wholly lost in the course of time. Previous to the French Revolution, as mentioned in our first chapter, the govern- ments of different States of the Confederation had gradually fallen into the hands of a limited number of aristocratic families. That Revolution introduced the idea of really representative govern- ment, but the period of reaction following the Napoleonic era was unfavourable to the development of popular institutions. Since 1830, whilst the share of the people in the management of affairs has gradually increased, the imperfections of the purely repre- sentative system have been brought more clearly to light. It was considered by the Radical party that delegates elected by universal suffrage were not always true interpreters of the popular will, and that class interests were mostly paramount in various matters, such, for instance, as the framing of laws and the levying of taxes. They therefore brought forward the idea of the Referendum, through which they hoped to recover for the people the right to that direct share in legislation which they had lost when govern- ment by representation alone was established in most of the Cantons. A sufficient period has elapsed to allow the people of Switzerland to form an opinion of the working and results of the popular vote. As regards the former, nothing could be more simple. All the voter has to do is to deposit in the urn his voting paper with either 'Aye 'or' No' written upon it. As to the moral effect which the exercise of this institution has had upon the people, we are assured that it is admitted to be salutary even by adversaries of democratic government. The consciousness of in- dividual influence, as well as the national feeling, is declared to have been strengthened, and the fact of a layme and, on several occasions, increased participation of the pe of in the vote is quoted as tending to prove that their interest in Tplitical questions is growing keener. The application of the BA, .endtun as worked in Switzerland and the issues raised by itII_ 3 so easy to under- stand, and in most cases, at all events, are so independent of party manceuvres, that public opinion acquiesces at once in the result, and the general feeling entertained in the country with reference to a particular question finds its accurate and, for the time, final expression. Extreme measures, whether radical or reactionary, have no chance whatever of being accepted by the people, who, while in a manner fulfilling the functions of a second Chamber, have infinitely more weight than any such body usually possesses, even if it be thoroughly representative and chosen by universal suffrage."
The actual machinery by which the vote is taken is not described in the present work. It may, however, interest our readers to give the text of the most important provisions made by the Constitution of 1874 :— " 9. The voting of the Swiss people takes place on the same day throughout the Confederation, the day being fixed by the Federal Council. Nevertheless, the voting may not take place for at least four weeks after the adequate publication of the law or decree.
"10. The right to vote is possessed by every citizen aged twenty years who has not been deprived of his civil rights by the law of the Canton in which he resides.
"11. Each Canton arranges for the voting in its own territory according to the provisions of the Federal Legislation in respect of Federal votes."
A list of the instances in which the Federal Referendum has been had recourse to since 1874 is given by Sir F. Adams and his collaborator. The points involved are, however, too special to make them of interest to English readers unless accom- panied by an elaborate explanation, and we will therefore only refer again to the general conclusion that they display a spirit both wise and practical.
There can be little doubt that one of the reasons why the Referendum has proved so great a success in Switzerland, is due to the fact that the people have for the most part been trained throughout their national existence in the principles of self-government. A direct popular vote on all important ques- tions may be said to have been the chief feature of the Swiss medimval system, a feature which, though in many places partly obliterated in the seventeenth and eighteenth centuries by the rise of aristocratic and privileged forms of government, was never at any time entirely destroyed. The Landsgemeinde, or ancient popular assembly, which has in certain instances been retained in its primitive simplicity, is so full of interest to all FAnglishmen and Americans, many of whose own institutions have been derived from a similar source, that we feel sure our
readers will be glad to see quoted the following account of the folk-moot of the Canton of Uri :— " Uri may be taken as an example. There, on the first Sunday in May, the people assemble in a meadow at Bazlingen an der (land, not far from Altdorf. The Landammann, after having duly
• attended mass in the village church, proceeds in procession to the place of meeting. He is accompanied by ushers in antique costumes of black and yellow, the colours of the Canton. There is an ancient banner with the arms of Uri (a bull's head on a yellow ground), and there are old wild bulls' horns which year after year are borne upon poles by men in front. The Landammann seats himself at a table in the centre of the meadow with another official (Landschreiber), and the people, standing or sitting, range themselves around him as in an amphitheatre. The Landam- mann makes his opening speech, and reviews the events, domestic and foreign, of the previous year. Then there is silence over the whole assembly, every one offering up a prayer, and after that the real business commences. Each man speaks his mind when and for as long as he pleases ; every subject is discussed with decorum, and finally, when all other matters have been settled, the officials for the following year are chosen. The out-going Landammann (who may be, and generally is, re-elected for another year) delivers up his charge with an affirmation that he has injured no one voluntarily, and he asks pardon of any citizen who may think himself aggrieved. The new Landammann takes the prescribed oath, and the whole people swear to obey him, to serve their country, and to respect the laws. Other officials are then elected by show of hands, and the meeting is over. We ourselves were present, with Mr. Angst, her Majesty's consul at Zurich, on May 6th, 1888, at the General Assembly of the people of Uri. It was a brilliant day, and through the kindness of Herr Gustav Mnheim, the Landammann, we obtained front seats in the ring of people, and we watched the proceedings with much interest. Above the meadow there is a green eminence rising towards the east, and upon its slopes women in various-coloured garments and children were picturesquely grouped, and above the eminence, on the horizon, are snow-clad peaks. The meeting was more im- portant than usual, for a new Constitution was to be proposed by the authorities, and much opposition was expected. This was espe- cially the case with regard to a reform abolishing certain secular privileges in the higher region known as the Valley of Ifrsern, or Urseren. This district has hitherto virtually formed a real Canton within a Canton. It was not to be expected that the mountaineers of Uri (as the inhabitants of Urseren are termed) would give up their ancient rights without a struggle, and the debate was long and serious. First the Landammann stood up, and, taking off his hat, demanded if any one was desirous of addressing the Assembly, and this he repeated after every speech. There was no lack of orators. We do not pretend to have understood the local patois, but the excitement of the Urseren men was very visible, and our consul helped materially to make us understand the general drift of the arguments. Finally the Landammann himself spoke in favour of the new Constitution, and then there was a show of hands. This was peculiar. Each voter not only held up his hand, but he moved the fingers quickly up and down, accompanying the motion with a low moaning sound, which was in fact a kind of subdued cheer. The effect to us was vet?, startling. The new Constitution was adopted by a large majority, and although a protest from the side of Urseren was addressed to the Federal Assembly, it has obtained the necessary guarantee of the Confederation. The elaboration of this Con- stitution will no doubt take a considerable time. The Canton possesses an executive power (Regierungsrath) and a representa- tive legislative power (Landreth). The matter was first referred to the former body, which then prepared its message to the latter. All measures which may be adopted will be duly presented to the sovereign people. The Landreth has always the power of con- voking an extraordinary meeting of the Landsgemeinde."
We cannot but regret that space will not allow us to notice the various problems of interest raised by the Constitu- tions, central and local, of the Swiss Confederation, or to show by reference and example how prudent and reasonable is the temper and spirit with which the Swiss manage to work their institutions. Their country is altogether only half as large as Ireland, and even of that small area not more than a third is cultivable ; and yet they have managed, even in the age of great States, to gain for themselves the attention and admiration of the civilised world. The wonder is the greater when we remember that Switzerland has not won the respect of the European States by producing men distinguished in civil and political life. Their system of government by a Committee, and without any visible head of the State except these Committee's chairman, has forbidden the growth of men of special eminence in public affairs ; and though Switzer- land is so well known to Englishmen, and though there is so real a sympathy between us and its inhabitants, there is no Swiss statesman whose name would be recognised in London by more than half-a-dozen people,—we doubt if even Sir Mountstuart Grant-Duff would be able to name one out of the seven members of the present Federal Council. Besides the interest which attaches to the question whether govern- ment by a Board must always mean individual obscurity and mediocrity, there is the equally curious problem as to the manner in which the Swiss Republic has managed to escape the rule of party and its attendant advantages and disadvan- tages. All these points, however, raised either directly or incidentally in the present work, we must leave to those who refer to its pages. We can here only insist again upon the importance of the experiences of Switzerland in her work of developing a consistently democratic system, and express our appreciation of the opportuneness of the present volume. Though it is in no sense a work in which the great principles of constitutional law are treated in a new light, or with special force or insight, it is full of useful matter. Indeed, we have only one serious ground of complaint. The text of the Federal Constitution should have been added in full in an appendix.
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