"ART. XXVIII. The Imperial Diet decides by abso"lute majority of votes. The presence of a majority of "the legal number of the members is necessary for the validity of a resolution. 66 66 "ART. XXIX. The members of the Imperial Diet are representatives of the entire people, and are not bound by "orders or instructions. "VI. CUSTOMS AND COMMERCIAL AFFAIRS. "ART. XXXIII. Germany forms one Customs and "Commercial territory, encircled by a common Customs "frontier. Those separate parts of territory are excluded, "which, from their position, are not adapted for inclusion in "the Customs frontier. 66 "ART. XXXIV. The Hanseatic Towns, Bremen and "Hamburg, with so much of their own or of the adjacent territory as may be needful for the purpose, remain as free ports outside the common Customs frontier, until they "apply to be admitted therein. 66 "XIV. GENERAL STIPULATIONS. "ART. LXXVIII. Alterations in the Constitution "take place by way of legislation. They are considered "as rejected if they have fourteen votes in the Council of "the Confederation against them. Those provisions of the "Constitution of the Empire by which certain rights are "established for separate States of the Confederation in "their relation to the community can only be altered with "the consent of the State of the Confederation entitled to "those rights." CXIB. The learned Dr. Franz von Holtzendorff thus sums up the leading points of differences between the new and the old Constitutions: 66 "The principal differences of the new Constitution of the Empire compared with the former Constitution of the "North German Confederation (by which in other respects "the continuity of the state of things existing in 1866 and 66 66 66 "1867 was in no wise interrupted) are these: the increase "of the authority of the Imperial Diet with respect to the "press and associations; the limitation of the Emperor's prerogative by the necessity of obtaining the concurrence "of the Council of the Confederation (bundesräthliche Zustimmung) in the matter of Offensive War; the recogni"tion of the peculiar rights of the South German States in "certain affairs otherwise belonging to the authority of the Empire, especially the separate position of Bavaria in the "administration of military affairs; the increase of the authority of the decisions of the Council of the Confederation "by the establishment of an especial Committee for Foreign "Affairs under the presidency of Bavaria; the increased difficulty in making changes in the Constitution, which can now be negatived by fourteen voices in the Council of the "Confederation, whereas, according to the law of the North "German Confederation, a majority of two-thirds was suffi"cient to carry the proposal; lastly, the recognition of the "jura singulorum in the sense of the law of the old Confede"ration of 1815, so that the privileges granted to individual "States could only be taken away with their concurrence" (a). 66 66 66 CXII. The second class of Federal States embraces those which (b), by the terms of their confederation, vest the adjustment of their external relations in a Supreme Federal Power. (Unio civitatum-Etat composé-Bundes (a) Encyklopädie der Rechtswissenchaft, p. 800. (b) "In these days, their union is so entire and perfect, that they are not only joined together in bonds of friendship and alliance, but even make use of the same laws, the same weights, coins, and measures, the same magistrates, counsellors, and judges; so that the inhabitants of this whole tract of Greece seem in all respects to form but one single city, except only that they are not enclosed within the circuit of the same walls; in every other point, both through the whole Republic and in every separate State, we find the most exact resemblance and conformity."-Hampton's Polybius, vol. i. p. 224. Polyb. Hist. 1. ii. c. iii.; Bynkershoek, Quæst. Jur. Publ. 1. ii, c. xxiv. staat-unirte Staaten Staaten-Vereine). The Achæan League and the United Provinces of the Netherlands furnish memorable illustrations of such a confederation (c). CXIII. To this denomination belongs, at the present day, the Confederation of the Swiss Cantons (d). The Thirteen Cantons of Switzerland had for some time previous to the Treaty of Westphalia been de facto independent (e), but that Treaty formally recognized their existence as Independent States. The effects of the French Revolution in 1789 were severely felt in Switzerland. The Cantons, in consequence of the separation of various districts, were increased, first, to the number of nineteen, and finally to the number of twenty-two. Their internal dissensions brought about an Act of Mediation under Buonaparte in 1803, and subjected them to the invasion of the Allied Powers in 1813. In 1815 the claims of the conflicting Cantons were adjusted, and the Confederation re-modelled at the Congress of Vienna; and in the same year (August 7) the number of the Cantons was increased to twenty-two by the Federal Act, signed at Zürich, and their neutrality was recognized (November 20) by an Act signed by the Allied Powers at Paris. CXIV. According to the Federal Act of 1815, the Swiss Confederation consisted of the union of twenty-two Cantons. (c) Manuel du Droit public de la Suisse. Wheaton, Elém, du Droit intern. 1. i. pp. 72, 73. (d) See Martens, Nouv. Rec. t. ii. p. 68; t. iv. pp. 161, 273; t. vii. p. 173; and De M. et de C. t. iii. pp. 14, 38, 89, 197, 242, for the following treaties relating to the Swiss Confederation:-"1814. Paix de Paris, Art. vi. 3. La Suisse indépendante continuera de se gouverner par elle-même." "1814, 16 août. Les Dix-neuf Cantons, Traité d'alliance pour la conservation de leur liberté et indépendance." "1815, 7 août. Acte de Confédération entre les Vingt-deux Cantons helvétiques, signé à Zurich." "1815, 20 novembre. Acte signé à Paris par les plénipotentiaires d'Autriche, de France, de la Grande-Bretagne, de Prusse, et de Russie, par lequel la neutralité de la Suisse a été reconnue." (e) Koch, Hist. des Tr. i. iii. The object of their union was declared to be the preservation of their liberty and independence, security against foreign invasion, and the maintenance of internal public tranquillity and order. They mutually guaranteed their respective territories and constitutions. Their Diet was formed by a Congress of Deputies, one being delegated from each Canton, and each having equally a single voice in the deliberations of this common senate. It assembled every year, alternately, at Berne, Zürich, and Lucerne these being the Cantons (Vorort) in which the executive power of the Confederation resided when the Diet was not actually sitting. The Diet had the exclusive power of declaring war, of entering into treaties of peace, commerce, and alliance with Foreign States. These negotiations, however, required the assent of three-fourths of the Diet, though in other matters a simple majority sufficed for the validity of the resolution. It was competent, however, to each Canton separately to conclude with Foreign Powers treaties which had for their object regulations of revenue and police; provided always that they did not conflict with the Federal Convention, the existing Alliances, or the Constitutional Rights of other Cantons. The Confederation had a common army and treasure, supported by levies of men and contributions of money, according to fixed proportions, from each Canton. The Diet was responsible for the internal and external security of the Confederation. It appointed the commanding officers, and directed the operations of the Federal army, and moreover nominated the Federal Ministers at Foreign Courts. CXV. Since the year 1830 the separate constitution of each of the Cantons has received a more or less democratic modification. Bâle, Unterwalden, and Appenzell have been subdivided, and the subdivisions added to the number of the Confederated Cantons, which is thereby increased to twentyfive; but the number of votes in the Diet was still limited to twenty-two, each division of these three Cantons enjoying only half a vote. CXVA. The last revision of the Swiss Federal Constitution took place in 1874. By the Constitution then framed, the peoples of the twenty-two Cantons are united into a Confederation, the objects of which are declared to be the security of the national independence, the maintenance of internal tranquillity and order, the protection of the liberty and rights of the confederate peoples, and the increase of their common prosperity (Arts. 1, 2). The Cantons are sovereign in so far as their sovereignty is not limited by the Federal Constitution, and exercise all the rights which are not delegated to the Federal authority (Art. 3). The Confederation guarantees the territory of the Cantons, their sovereignty within the limits already fixed, the liberty and the rights of the people, the constitutional rights of the citizens, as well as the rights and privileges conferred upon the authorities. The Cantonal Constitution must be republican (Arts. 5, 6). Any special alliance or treaty of a political nature between two or more Cantons is forbidden; but conventions may be made, subject to the supervision of the Federal authority on matters of legislative administration and justice. The Confederation alone has the power of declaring war and making peace, and of making alliances and treaties with other nations; but individual Cantons may make treaties with other States as to matters of public economy (économie publique), the necessary relations between two neighbouring countries, and matters of police (Arts. 7, 8, 9). Official intercourse between Cantons and foreign Governments or their representatives is carried on through the Federal Council (Art. 10). The supreme authority is vested in the Federal Assembly, which consists of a National Council, elected by direct representation, one member for every 20,000 persons or fraction over 10,000 in each Canton; and a Council of Cantons, to which each Canton sends two members, the half-Canton one (Arts. 71, 72, 73, 80). |