Part 2 — Chapter VII. (continued 3)

Article 103. The estates shall at every Diet nominate a jury of twelve members from out of each order, for deciding if the members of the supreme court of justice have deserved to fill their important places, or if any member, without having been legally convicted for the faults mentioned in the above articles, yet ought to be removed from office.

Article 104. The estates shall not resolve themselves into a court of justice, nor enter into any special examination of the decrees, verdicts, resolutions of the supreme court.

Article 105. The constitutional committee shall have right to demand the minutes of the council of state, except those which concern ministerial or foreign affairs, and matters of military command, which may only be communicated as far as these have a reference to generally known events, specified by the committee.

Article 106. Should the committee find from these minutes that any member of the council of state has openly acted against the clear dictates of the constitution, or advised any infringement either of the same or of the other laws of the realm, or that he had omitted to remonstrate against such a violation, or caused and promoted it by wilfully concealing any information, the committee shall order the attorney-general to institute the proper proceedings against the guilty.

Article 107. If the constitutional committee should find that any or all the members of the council of state have not consulted the real interest of the kingdom, or that any of the secretaries of state have not performed his or their official duties with impartiality, activity, and skill, the committee shall report it to the estates, who, if they deem it necessary, may signify to the king their wish of having those removed, who may thus have given dissatisfaction. Questions to this effect may be brought forward at the general meetings of the orders, and even be proposed by any of the committees. These cannot, however, be decided until the constitutional committee have delivered their opinion.

Article 108. The estates shall at every Diet appoint six individuals, two of whom must be learned in the law, besides the attorney-general, to watch over the liberty of the press. These deputies shall be bound to give their opinion as to the legality of publications, if such be requested by the authors. These deputies shall be chosen by six electors out of every order.

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Article 109. Diets may not last longer than three months from the time that the king has informed the representatives of the state of the revenues. Should, however, the estates at the expiration of that time not have concluded their deliberations, they may demand the Diet to be prolonged for another month, which the king shall not refuse. If again, contrary to expectation, the estates at the expiration of this term have not regulated the civil list, the king shall dissolve the Diet, and taxation continue in its former state till the next meeting of representatives.

Article 110. No representative shall be responsible for any opinion uttered at meetings of the orders, or of the committees, unless by the express permission of at least five-sixths of his own order: nor can a representative be banished from the Diet. Should any individual or body, either civil or military, endeavour to offer violence to the estates, or to any individual representative, or presume to interrupt and disturb their deliberations, it shall be considered as an act of treason, and it rests with the estates to take legal cognizance of such an offence.

Article 111. Should any representative, after having announced himself as such, be insulted, either at the Diet or on his way to or from the same, it shall be punished as a violation of the peace of the king.

Article 112. No official person may exercise his official authority (his authority in that capacity) to influence the elections of deputies to the Diet, under pain of losing his place.

Article 113. Individuals elected for regulating the taxation shall not be responsible for their lawful deeds in this their capacity.

Article 114. The king shall leave the estates in undisturbed possession of their liberties, privileges, and immunities. Modifications which the prosperity of the realm may demand can only be done with the general concurrence and consent of the estates and the sanction of the king. Nor can any new privileges be granted to one order, without the consent of the other, and the sanction of the sovereign.

This we have confirmed by our names and seals, on the sixth day of the month of June, in the year after the birth of our Lord one thousand eight hundred and nine.

On behalf of the Nobles, M. Ankarsvard. On behalf of the Clergy, Jac. Ax. Lindblom. On behalf of the Burghers, H. N. Schwan. On behalf of the Peasantry, Lars Olsson, Speakers.

The above form of government we have not only acknowledged Ourselves, but do also command all our faithful subjects to obey it; in confirmation of which, we have thereto affixed our manual signature and the seal of the realm. In the city of our royal residence, Stockholm, on the sixth day of the month of June, in the year after the birth of our Lord one thousand eight hundred and nine.

CHARLES.

—————CONSTITUTION OF SWEDEN: End—————

CONSTITUTION OF THE SWISS CONFEDERATION.

After the Sonderbund secession and war of 1847 (see SWITZERLAND: A. D. 1803-1848), the task of drawing up a Constitution for the Confederacy was confided to a committee of fourteen members, and the work was finished on the 14th of April, 1848. "The project was submitted to the Cantons, and accepted at once by thirteen and a half; others joined during the summer, and the new Constitution was finally promulgated with the assent of all on the 12th September. Hence arose the seventh and last phase of the Confederation, by the adoption of a Federal Constitution for the whole of Switzerland, being the first which was entirely the work of Swiss, without any foreign influence, although its authors had studied that of the United States. … It was natural that, as in process of time commerce and industry were developed, and as the differences between the legislation of the various Cantons became more apparent, a revision of the first really Swiss Confederation should be necessary. This was proposed both in 1871 and 1872, but the partisans of a further centralization, though successful in the Chambers, were defeated upon an appeal to the popular vote on the 12th of May 1872, by a majority of between five and six thousand, and by thirteen Cantons to nine. The question was, however, by no means settled, and in 1874 a new project of revision more acceptable to the partisans of cantonal independence, was adopted by the people, the numbers being 340,199, to 198,013. The Cantons were about two to one in favour of the revision, 14½ declaring for and 7½ against it. This Constitution bears date the 29th May, 1874, and has since been added to and altered in certain particulars."

Sir F. O. Adams and C. D. Cunningham, The Swiss Confederation, chapter 1.

"Since 1848, … Switzerland has been a federal state, consisting of a central authority, the Bund, and 19 entire and six half states, the Cantons; to foreign powers she presents an united front, while her internal policy allows to each Canton a large amount of independence. … The basis of all legislative division is the Commune or Gemeinde; corresponding in some slight degree to the English Parish. The Commune in its legislative and administrative aspect or 'Einwohnergemeinde' is composed of all the inhabitants of a Commune. It is self-governing and has the control of the local police; it also administers all matters connected with pauperism, education, sanitary and funeral regulations, the fire brigade, the maintenance of public peace and trusteeships. … At the head of the Commune is the Gemeinderath, or Communal Council, whose members are elected from the inhabitants for a fixed period. It is presided over by an Ammann, or Mayor, or President. … Above the Commune on the ascending scale comes the Canton. … Each of the 19 Cantons and 6 half Cantons is a sovereign state, whose privileges are nevertheless limited by the Federal Constitution, particularly as regards legal and military matters; the Constitution also defines the extent of each Canton, and no portion of a Canton is allowed to secede and join itself to another Canton. … Legislative power is in the hands of the 'Volk'; in the political sense of the word the 'Volk' consists of all the Swiss living in the Canton, who have passed their 20th year and are not under disability from crime or bankruptcy. {588} The voting on the part of the people deals mostly with alterations in the cantonal constitution, treaties, laws, decisions of the First Council involving expenditures of Frs. 100,000 and upward, and other decisions which the Council considers advisable to subject to the public vote, which also determines the adoption of propositions for the creation of new laws, or the alteration or abolition of old ones, when such a plebiscite is demanded by a petition signed by 5,000 voters. … The First Council (Grosse Rath) is the highest political and administrative power of the Canton. It corresponds to the 'Chamber' of other countries. Every 1,300 inhabitants of an electoral circuit send one member. … The Kleine Rath or special council (corresponding to the 'Ministerium' of other continental countries) is composed of three members and has three proxies. It is chosen by the First Council for a period of two years. It superintends all cantonal institutions and controls the various public boards. … The populations of the 22 sovereign Cantons constitute together the Swiss Confederation."

P. Hauri, Sketch of the Constitution of Switzerland (in Strickland's The Engadine).

The following text of the Federal Constitution of the Swiss Confederation is a translation from parallel French and German texts, by Professor Albert Bushnell Hart, of Harvard College. It appeared originally in "Old South Leaflets," No. 18, and is now reprinted under permission from Professor Hart, who has most kindly revised his translation throughout and introduced the later amendments, to July, 1893.

In the Name of Almighty God. The Swiss Confederation, desiring to confirm the alliance of the Confederates, to maintain and to promote the unity, strength, and honor of the Swiss nation, has adopted the Federal Constitution following: