/lit/ - Literature

ARTICLE XXV. 
When levying duties, the following principles are to be taken 
into consideration,: 

1. Import duties : 

a. Materials required by the home industry, are to be taxed 
as lightly as possible in the tariff schedule. 

b. Also such articles as constitute the necessaries of life. 

c. Articles of luxury are subject to the highest rates of tariff. 

2. Transit, and in general. also export duties, are to be made 
as moderate as possible. 

3. The custom laws will make adequate provisions for secur- 
ing frontier intercourse and protecting market traffic. 

The Union is nevertheless, always empowered under extra- 
ordinary circumstances, to deviate from the preceding rules, and 
temporarily to adopt special measures. 

Article xxvi. 

The revenue of the import, export and transit customs are 
to be appropriated as follows : 

a. Every Canton receives four batz per head, according to 
the ratio of the entire pppulation as taken in the census of 1838. 

h. Should a Canton thus not be sufficiently reimbursed for 
the abolished imposts mentioned in Article XXIV, it will then, 
according to the nett average receipts of the five years, 1842 to 
1846 inclusive, be further entitled to such an amount as will be 
necessary to indemnify it for the said revenues. 

c. The surplus receipts go into the Federal Treasury. 



12 

AHTICLE XXVII. 

If customs y road and bridge tolls have been granted for the 
redemption of capital employed in building, or for a part thereof, 
the receipt or irfderanification for such leases, as soon as the cap- 
ital or part in question, including interest, is obtained. 

Article xxviii. 

Such dispositions relating to transit duties as are already 
contained in railroad contracts remain unimpaired by these pro- 
visions. On the other hand„ the Union assumes those rights em- 
braced in contracts relating to transit duties, which heretofore 
had been reserved to the Cantons. 

ARTICLE XXIX. 

Free purchase and sale, free import, export, and transit from 
one Canton to another, are guaranteed to provisions, to cattle and 
merchandise, to products of the soil, and to mechanical pro- 
ductions of every description. 

Exceptions are : 

a. The regulations governing the sale and purchase of salt 
and gunpowder. 

&. The police ordinances of the Cantons in regard to the 
exercise of mercantile pursuits and trades, and the use of roads. 
' c. Regulations against detrimental forestalling. 

d* Temporary sanitary police enactments during epidemics. 

The regulations contained in letters h and c must apply alike 
to the Cantonal citizens and the Swiss citizens of other Cantons. 
They are to be laid before the Federal Council for inspection, 
and are not/allowed to take effect without previously having re- 
ceived its approval. 

e. Those duties which were granted or recognized by the 
Diet, and not revoked by the Union. (Articles XXIV and XXXI.) 

/*. The excise tax on wine and other spirituous liquors, ac- 
cording to stipulations in Article XXXII. 

ARTICLE XXX. 

It is reserved for Federal legislation, so far as the interests 
of the Confederation are involved, to adopt the requisite measures 



13 

in regard to the abolishing of existing privileges on transporta- 
tion of individuals and goods of every description, on water or 
land, between Cantons or in their interior. 

ABTICLE XXXI. 

The collection of duties, denoted In Article XXIX, letter e, 
is supervised by the federal Council. These duties are not allowed 
to be increased; and the collection thereof, if limited to a certain 
time, cannot be continued without the concurrence of the Federal 
Assembly. 

The Cantons are on no account permitted to introduce new 
duties, road and bridge tolls. The Federal Assembly however, 
can grant for a limited period, the levying of duties and col- 
lection of tolls, in order thus to assist the construction of public 
works embraced in the intent of Article XXI, as being of general 
interest to commerce, and which without said grant, could not be 
constructed. 

ABTICLE XXXII. 

The Cantons are invested with the right to impose an excise 
tax on wine and other spirituous liquors, exclusive of the privi- 
leges reserved in Article XXIX, letter e, under the following 
restrictions however: 

a. When levying the same, the transit thereof shall in no 
way be burdened, and the traffic in general shall be checked as 
little as possible, and not subjected to any other duties. 

h. Should articles, which are imported into a Canton for 
consumption, be again exported, U^e excise duty paid thereon is 
to be refunded, without any additional exactions. 

c. The excise tax upon native products of Switzerland is to 
be less than upon those coming from foreign countries. 

d. The excise tax on wine and other spirituous liquors of 
Swiss production is not allowed where it already exists, to be 
increased, and in Cantons where none at present is levied, is not 
permitted to be exacted. 

e. The laws and regulations of the Cantons concerning the 
levying of excise taxes, are to be submitted for approval to the 
Federal Council previous to their going into effect, in order 
that a disregard of the foregoing principles may be avoided. 



14 



ARTICLE XXXIII. 



The Mail arrangements throughout the whole extent of the 
Confederation are taken charge of by the Union upon the following 
conditions : 

1. The mail routes at present existing are not, on the whole 
to be lessened, unless with the assent of the Cantons interested 
therein. 

2. The rates of postage throughout the whole of Switzerland 
are to be uniformly affixed upon as low and equitable a scale as 
possible. 

3. To mail matter inviolable secrecy is guaranteed. 

4. For the relinquishment of the mail revenue, the Union 
indemnifies in accordance with the following conditions: 

a. The Cantons receive annually the average amount of the 
nett income which was yielded to them by the mail service on 
their Cantonal territory in the years 1844, 1845, and 1846. 

Should however, the nett revenue which is yielded to the 
Union by the mail service not be sufficient to cover these in- 
demnities, then the above amount awarded to the Cantons will 
be diminished in proportion to the average receipts. 

h. If a Canton as yet has received no direct revenue from 
the mail system, or in consequence of a concluded letting ta 
another Canton, has been in receipt of considerably less than the- 
exercise of the mail service has evidently yielded on the territory 
of the Canton which had thus let the same, then circumstances 
of this kind are to receive due consideration when determining^ 
the amount of indemnification. 

c. Where. the exercise of the mail service has been ceded to 
private individuals, the Union assumes their indemnification. 

d. The Union is empowered and obligated to make use of 
such materials as appertain to the present mail service, so far 
as they are fit and requisite, and is to grant to the owners in return 
a fair compensation. 

e. By indemnifying, the Federal administration is entitled,, 
either by purchase or lease, to occupy such buildings as are at 
present in use for mail purposes. 



15 

ABTICLE XXXiy. 

In the administration of the castom and postal systems, the 
employees are to be principally selected from among the inhabit- 
ants of the Cantons in which their services are made use of. 

ARTICLE XXXV. 

The Union exercises supervision over the roads and bridges 
in whose preservation the Confederation is interested. 

The sums mentioned in Articles XXVl and XXXIII as accrning 
to Cantons for duties and postal revenues , will be withheld by 
the Federal authorities, should these roads and bridges not be kept 
in good repair by the Cantons, corporatioi^s, or individuals having 
control of them. 

ARTICLE XXXVI. 

The Union exercises all prerogatives relative to coinage. 

Coinage by the Cantons is discontinued, and is carried on 
exclusively by the Union. 

It is reserved to Federal legislation to determine a standard 
of coinage, to rate the existing kinds of coin, and decide upon 
the more definite terms according to which the Cantons are obli- 
gated to have melted or recoined such coin as they may already 
have issued. 

ARTICLE XXXVII. 

The Union will introduce, according to the basis of the 
existing Federal concordat, uniform Weights and Measures for 
the whole Confederation. 

ARTICLE XXXVIII. 

The manufacture and sale of gunpowder within the extent of 
the Confederation is the exclusive privilege of the Union. 

ARTICLE XXXIX. 

The expenses of the Union are defrayed : 

a. out of the interests accruing on the Federal war funds; 

b. out of the revenue obtained from customs on the frontiers 
of Switzerland ; 



16 

c. out of the revenue yielded by the mail service; 

d. out of the revenue arising from the manufacture of gun- 
powder; 

e. out of contributions from the Cantons, which however, can 
only be levied in accordance with acts passed by the Federal 
Assembly. 

Contributions of this kind are to be made by the Cantons 
according to the scale of their money contingents, which scale 
is to be subjected every twenty years to a revision. The popu- 
lation and condition of a Canton in regard to wealth and industry 
are to furnish the basis for such a revision. 

ARTICLE XL. 

There shall be at all times, on hand in the Federal Treasury 
in specie, at least double the amount of the contingent fund, in order 
to defray military expenses occasioned by the Federal summons of 
troops. 

ARTICLE XLI. 

The Union guarantees to all Swiss, the right of free settle- 
ment within the whole extent of the Confederation , according to 
the following more definite stipulations: 

1. No Swiss can be denied the right to settle in any one 
of the Cantons, provided he is in possession of the following 
vouchers: 

a. a certificate of nativity or its equivalent; 
h, a certificate of good moral conduct; 
c, a certificate that he enjoys the rights and honors of citi- 
zenship. 

2. The settler is not allowed to be subjected, on part of the 
Canton granting him permission to settle^ to any bonds or other 
special burdens in lieu of his settlement. 

3. A Federal statute will determine the duration of grants 
to settle, and likewise, also the maximum of Chancery fees to be 
paid to the Canton in order to obtain the same. 

4. The settler enjoys all the rights and privileges of a citizen 
of the Canton in which he has settled, with exception of the right 
to vote on Municipal affairs , and of being joint owner of the 



17 

Commonwealth and Corporation property. In particular, free exer- 
cise of industrial pursuits, and the acquisition and sale of real 
estate, are secured to him in accordance with the laws and ordi- 
nances of the Canton, which, in all these respects, shall consider 
the settler as being on an equality with its own citizens. 

5. Settlers of other Cantons cannot be subjected, on part of 
Municipalities, to greater Corporation taxes than settlers of their 
own Canton. 

6. The settler can be ordered out of the Canton in which 
he has settled: 

a. by the penal sentence of a court; 

b. by order of the Police authorities , on his having forfeited 
the rights and honors of citizenship, or having been guilty of an 
improper course of conduct, or through impoverishment having 
become a public hurden, or having frequently been fined for trans- 
gressions of the Police ordinances. 

ARTICLE XLII. 

Every Cantonal citizen is likewise a Citizen of Switzerland. 
As such he can exercise in Federal and Cantonal affairs the polit- 
ical rights of any Canton in which he has settled. He can 
however, only enjoy these privileges under the same restrictions 
as the citizens of the Canton, and as regards Cantonal affairs, 
only after a residence of a certain time , the length of wh^ch is 
designated by Cantonal legislation, and cannot exceed two years. 

No one is permitted to exercise political rights in more than 
one Canton. 

ARTICLE XLIII. 

No Canton can deprive a citizen of his rights of citizenship. 
No Canton is permitted to grant citizenship to foreigners 
unless they are released from their former State allegiance. 

ARTICLE XLIV. 

The free exercise of religious worship is guaranteed to the 
acknowledged Christian professions throughout the whole extent 
of Switzerland. 

2 



18 

To the Cantons as well as to the Union, is reserved the 
right to adopt measures necessary for maintaining public ordex 
and peace among the different denominations. 

AKTICL.E XLV, 

The freedom of the Press is guaranteed. 

In regard to abuse of the same. Cantonal legislation deter- 
mines the requisite prescriptions, which however, require the assent 
of the Federal Council. 

The Union is empowered to designate penalties for abuse of 
the freedom of the press, when the same is directed against the 
Confederation and its authorities. 

ARTICLE XLVI. 

Citizens have the right to form associations, provided there 
is nothing illegal or treasonable contained in their proceedings, 
and object. Cantonal legislation determines the requisite regula- 
tions concerning the abuse of this privilege. 

ARTICLE XLVII. 

The right of petition is guaranteed* 

Article xlviii. 

All Cantons are in duty bound to treat every citizen of 
Switzerland on an equality with their own citizens, in legislative,, 
as well as judicial proceedings. 

article xlix. 

Judgments in civil cases definitively rendered in Cantons can 
be enforced throughout Switzerland. 

article l. 

The solvent Swiss debtor who possesses a permanent resi- 
dence must, for personal claims, be summoned before the judge 
of the place where he resides , and it is therefore not allowed for 
this class of claims, to levy upon the property of such a person 
out of the Canton where he resides. 



L* 



19 

ARTICLE LI. 

All rights to exact taxes from persons on account of emigrat- 
ing with their property, or upon such effects as are sent abroad, as 
also the rights of redemption exercised by citizens of one Canton to 
the prejudice of citizens of another Canton are, within the interior 
of Switzerland, abolished. 

ARTICLE LII. 

The right to withdraw property without paying duty or tax 
for so doing is extended to all foreign States which reciprocate 
this privilege. 

ARTICLE LIU. 

No one is allowed to be debarred from the benefit of his 
Constitutional tribunal , and no privileged Courts of Justice are 
therefore permitted to be established^ 

ARTICLE LIV. 

No sentence inflicting capital punishment for political offences, 
is permitted to be passed. 



ARTICLE LV. 

A Federal statute will determine stipulations between Cantons 
in regard to the extradition of any one accused. The extradition 
for political offences and misuse of the press cannot however, be 
made obligatory. 

ARTICLE LVI. 

To establish the citizenship of homeless persons (Heimath- 
hsen) and to adopt measures for preventing the recurrence of 
similar cases, are affairs of Federal legislation. 

ARTICLE LVII. 

The Union is empowered to expel from Swiss territory 
foreigners who imperil, at home or abroad, the security of the 
Confederation. 



20 



AKTICL'E LVIII. 



The order of Jesuits, and societies affiliated thereto, are not 
permitted to be domiciliated in any part of Switzerland. 



ARTICLE LIX. 



The Federal authorities are empowered to issue sanitary po- 
lice regulations during epidemics threatening general danger. 



CHAPTER SECOND, 

FEDERAL AUTHORITIES. 
L— FEDERAL ASSEMBLY. 

ARTICLE LX. 

The supreme power of the Union is vested in the Federal 
Assembly, which is composed of two divisions: 

A. of the National Council (House of Representatives or 
Delegates) ; 

B« of the States Council (Senate). 

A. National Council. 

ARTICLE LXL 

The National Council is composed of delegates from the Swiss 
people. One member is elected to every 20,000 inhabitants of the 
gross population. 

A fractional number of inhabitants exceeding 10,000 is rated 
as 20,000. 

Every Canton and in divided Cantons, each part thereof is 
to elect at least one member. 

ARTICLE LXII. 

The elections for the National Council are direct. They take 
place in Federal election districts, which however, cannot embrace 
sections of different Cantons. 



21 

ARTICLE LXUI. 

Every Swiss is entitled to vote who is twenty years of age, 
and who in other respects, according to the laws of the Canton 
wherein he resides, is not excluded from active citizenship. 

ARTICLE LXIV. 

Every citizen of Switzerland belonging to the laity and 
possessing a vote, is eligible as a member of the National Council. 

Naturalized Swiss 'citizens must have possessed their acquired 
citizenship at least five years in order to be eligible. 

ARTICLE LXV. 

The National Council is elected for the term of three years, 
and at stated times an entire renewal of delegates takes place. 

ARTICLE LXVI. 

Members of the States Council, of the Federal Council, and 
the functionaries elected by the latter, cannot at the same time 
be members of the National Council. 

ARTICLE LXVII. 

The National Council elects from among its number, for every 
regular or extra session, a President and Vice President. 

Xhe member who, during a regular session, occupies the 
position of President, is ineligible either as President or Vice 
President for the following regular session. The same member 
cannot be Vice President at two successive regular sessions. 

The President decides in case of ties. At elections he exer- 
cises the elective franchise the same as every other member. 

ARTICLE LXVIII. 

The members of the National Council are indemnified out 
of the Federal Treasury. 

B. States Council: 

ARTICLE LXIX. 

The States Council consists of forty-four Delegates from the 
Cantons. Each Canton elects two Delegates; in divided Cantons, 
each part, one. 



22 

ARTICLE LXX, 

Members of the National Coancil , and of the Federal Council, 
cannot at the same time be members of the States Coancil. ^ 

ARTICLE LXXI. 

The States Council elects from its midst , for every regular 
or extra session, a President and Vice President. 

Neither President or Vice President can be elected for a 
succeeding regular session from among the delegation of a Canton, 
one of whose members served as President daring the regular, 
session immediately preceding. 

Delegates of the same Canton cannot, during two successive 
regular sessions, occupy the position of Vice President. 

The President decides in case of ties. At elections he exer- 
cises the elective franchise the same as every other member.

ARTICLE LXXII. 

The members of the States Council are indemnified by the 
Cantons. 

C. Powers vested in the Federal Assembly. 

ARTICLE LXXIII. 

The National Council and the States Council have the control 
of all affairs which, according to the intent of the present Consti- 
tution, come within jurisdiction of the Union, and are not assigned 
to other Federal authorities. 

ARTICLE LXXIV. 

The business department of the two Councils embraces in 
particular the following subjects : 

1. Laws and decrees, to carry into effect the Federal Consti- 
tution, especially laws establishing the election districts, concern- 
ing the manner of voting, in regard to the organization and 
business routine of the Federal authorities, and the formation of 
Juries. 



23 

2. Salaries and compensation of members of the Federal 
authorities y and Federal Secretarial Department (Bundeskanzlei), 
creating permanent civil offices and determining their emoluments. 

3. Election of the Federal Council , of the Federal Tribunal 
{Bundesgerichf)^ of the Secretary (Kaneler)^ of the General, of the 
€hief of Staff, and of the Federal Representatives. 

4. The recognition of foreign States and Governments. 

5. Alliances and treaties with foreign countries, as also the 
approving of treaties concluded by Cantons with each other or 
lyith foreign powers. Such treaties of the Cantons however, only 
<3ome before the Federal Assembly when the Federal Council or 
a Canton enters protest against them. 

6. Measures for security against foreign aggression, for main- 
taining the independence and neutrality of Switzerland, declaring 
T¥ar, and concluding treaties of peace. 

7. The guarantee of the Constitutions of the Cantons and of 
their territory; intervention consequent upon the guarantee; meas- 
ures for domestic security, for the maintenance of tranquillity 
and order; amnesty and pardon. 

8. Measures whose object is to secure a proper observance 
of the Federal Constitution, the guarantee of the Cantonal 
Constitutions, the fulfilment of Federal obligations, and the pro- 
tection of rights guaranteed by the Union. 

9. Ordinances concerning the organization of the Federal 
military service, the instruction of troops, the allotments of the 
€antons and disposal of the Federal army. 

10. Determining the Federal quota according to which troops 
and funds are to be furnished; legislative provisions regarding 
the administration and disposition of the Federal war funds; levy- 
ing direct contributions upon Cantons; loans; estimates and 
accounts. 

11. Laws and ordinances concerning duties, postal service, 
coinage, weights and^measures, manufacture and sale of gunpowder? 
arms and ammunition. 

12. Erection of public works and institutions, and the con- 
sequent ^propriationg. 



24 

13. Legislative enactments relative to settlers; relative to 
persons destitute of any citizeDship, (Heimathlose) ; foreign police^ 
and sanitary regulations. 

14. Sapreme supervision of the Federal administration and 
Courts of Justice. 

15. Complaints of Cantons or citizens against enactmeiUs of 
the Federal Council. 

16. Disputes among Cantons in relation to State rights. 

17. Contentions in regard to legal power, as particularly: 

a. whether a subject belongs under the jurisdiction of Federal 
or Cantonal sovereignty; 

h, whether a question should properly go before the Federal 
Council or the Federal Tribunal. 

18. Revision of the Federal Constitution. 

ARTICLE LXXV. 

The two Councils assemble once ^ year in regular session, on 
a day to be determined upon in their rules. 

They are convened for extra session by resolution of the 
Federal Council, or by request of one-fourth of the members of 
the Kational Council, or of five Cantons. 

ARTICLE LXXVI. 

In order that th^ir transactions may be valid, the presence 
of the absolute majority of members of the Council in question 
is required. 

ARTICLE LXXVII. 

In the National and States Councils a majority of the votes 
cast, decides. 

ARTICLE LXXVIII. 

Federal laws and decrees require the concurrence of both 
Councils. 

ARTICLE LXXIX. 

The members of both Councils vote without instructions. 



25 



ARTICLE LXXX. 

Each Council deliberates separately. At elections, (Article 
LXXIV, No. 3), in the exercise of the pardoning power, and 
decisions in regard to jurisdiction, the two Councils however, 
unite under direction of the President of the National Council 
for joint deliberation , so' that the absolute majority of the votes 
cast by the members of both Councils effects a decision. 

ARTICLE LXXXI. 

Each of the two Councils, and each member thereof, is privi- 
leged to make motions and offer resolutions. 

Cantons are at liberty to exercise the same privilege by 
correspondence. 

ARTICLE LXXXII. 

The sessions of the two Councils are generally public. 
II.— FEDERAL COUNCIL; 

ARTICLE LXXXIII. 

The highest executive and directing authority of the Con- 
federation is the Federal Council , which is composed of seven 
members. 

ARTICLE LXXXIV. 

The members of the Federal Council are elected by the Federal 
Assembly for the term of three years from among any citizens of 
Switzerland who are eligible as members of the National Council. 
Only one member however , is allowed to be chosen from the same 
Canton. 

A total renewal of the Federal Council takes place after each 
total renewal of the National Council. 

Such vacancies as may occur during the intervening time 
are filled for the remaining term of office by the Federal Assembly 
next in session. 

ARTICLE LXXXV, 

Members of the Federal Council are not allowed to hold 
any other office, be it in the service of the Confederation or of 



26 

a Canton, or be engaged in the pursuit of any other vocation or 
business. , 

ARTICLE LXXXVI. 

The President of the Union is the presiding officer of the 
Federal Council, who, as well as the Vice President, is elected 
from among that body, for the term of one year, by the Federal 
Assembly. 

The retiring President is not eligible, either as President or 
Vice President, for the succeeding year. The same member cannot 
officiate for two successive years as Vice President. 

ARTICLE LXXXVII. 

The President and remaining members of the Federal Council 
draw an annual salary from the Federal Treasury. 

ARTICLE LXXXVIII. 

Not less than four members of the Federal Council constitute 
a quorum for the transaction of business. 

ARTICLE LXXXIX. 

The members of the Federal Council have an advisory voice 
lit transactions of either branch of the Federal Assembly, and also 
have the right to offer resolutions relative to subjects under de- 
liberation. 

ARTICLE xc. 

According to the intent of the present Constitution , the 
following duties in particular, are incumbent upon the Federal 
Council: 

1. It directs the affairs of the Confederation in accordance 
with the Federal statutes and decrees. 

2. It sees to the proper observance of the Constitution, 
Federal statutes and decrees, as also of the provisions contained 
in Federal concordats; it issues of its own accord, or on rendered 
complaints, the requisite orders for their enforcement. 

3. It exercises surveillance over the guarantee of the Can- 
tonal Constitutions. 



27 

4. It suggests to the Federal Assembly laws and regnlations, 
and gives its opinion upon the propositions which are communicated 
to it by the Councils of the Union or by Cantons. 

5. It executes the Federal laws and decrees, the sentences 
of the Federal Tribunal (Bundesgericht), as also the compromise 
or arbitration decrees concerning disputes between Cantons. 

6. It has those* appointments to make, which are not delegated 
by the Constitution to the Federal Assembly and Federal Tribunal 
■or by legislation are made to devolve upon some other subordinate 
authority. 

It makes the appointments for missions at home and abroad. 

7. It examines the treaties made by Cantons between them- 
selves or with foreign powers, and approves of the same, provided 
they are admissible (Article LXXIV, No, 5). 

8. It protects the interests of the Confederation abroad, par- 
ticularly its international relations, and attends to its foreign affairs 
in general. 

9. It provides for security against dangers threatened from 
abroad, and takes measures for asserting the independence and 
neutrality of Switzerland. 

10. It provides for the security of the Confederation in the 
interior, and for the preservation of quiet and order. 

11. In cases of emergency, the Federal Council is empow- 
ered, when the National and States Councils are not in session, 
to call out the requisite number of troops, and make disposition 
of the same, with the proviso of an immediate convening of the 
Federal Assembly, should the call for troops exceed two thousand 
in number, or continue longer than three weeks. 

12. It attends to the military affairs of the Confederation and 
all branches of administration, which are within the province 
of the Union. 

13. It examines the statutes and ordinances of the Cantons 
which require its approval; has surveillance over those branches 
of Cantonal administration which are placed by the Union under 
its supervision, such as military affairs, customs, roads, and bridges. 

14. It provides for the proper disposition of the finances of 



28 

the UnioD, for Estimates, and the auditing of accounts Concerning 
the receipts and expenses of the Union^ 

15. It sapervises the management of affairs by all officials 
and employees of the Federal administration. 

16. It renders an account of its transactions to the Federal 
Assembly at each of the latter's regular sessions, as likewise a 
report in regard to the condition of affairs of the Confederation 
at ,home and abroad, and will recommend to its notice such meas- 
ures as it deems would conduce to the advancement of the general 
welfare. 

It has also to render special reports, should the Federal As- 
sembly, or a part thereof, miike such request. • 

Article xci. 

The business of the Federal Council is divided into Depart- 
ments among the respective members.. This division however, has^^ 
only ib view to expedite the auditing and transaction of business. 
Each decision emanates from the Federal Council as authority. 

ARTICLE XCII. 

The Federal Council and its Departments are empowered for 
special business to call experts into requisition. 

III. THE FEDERAL SECRETARYSHIP, (Bundeskanzleu) 

ARTICLE XCIII. 

A Federal Secretarial Department (Bundeskanjslei), which la 
presided over by a Secretary (Kanzler), attends to the Secretarial 
business of the Federal Assembly, and to that of the Federal 
Council. 

The Secretary is elected by the Federal Assembly for the 
term of three years, simultaneously with the Federal Council. 

The Secretarial Department is under special supervision of 
the Federal Council. 

The details of organization of the Secretarial Department 
remain subject to Federal legislation. 



29 

IV. THE FEDERAL TRIBUNAL (Bundesgerichi). 
(Supreme Court.) 

ARTICLE XCIV. 

Id order jfco facilitate the administration of Justice , so far as 
It lies within the jurisdiction of the Union, a Federal Tribunal 
of Justice is established. 

For trials of penal cases, Juries are empanneled. 

ARTICLE XCV. 

The Federal Tribunal consists of eleven members exclusive 
•of deputies, whose number is fixed by Federal legislation. 

ARTICLE XCVI. 

The members of the Federal Tribunal and their deputies are 
appointed by the Federal Assembly. Their term of office is three 
years. After the total renewal of the National Council, also an 
entire renewal of the Federal Tribunal takes place. 

Vacancies which may occur during the intervening time, are 
^lled for the remaining term by the Federal Assembly at its next 
session. 

ARTICLE XCVII. 

Any. citizen of Switzerland who is eligible to the National 
Council, is eligible to the Federal Tribunal. 

The members of the Federal Council and its appointees cannot 
simultaneously be members of the Federal Tribunal. 

ARTICLE XCVIII. 

The President (Chief Justice) and Vice-President of the Federal 
Tribunal are chosen from among the members thereof by the Fed- 
eral Assembly, for the term of one year. 

ARTICLE XCIX. 

The members of the Federal Tribunal are remunerated per 
diem from the Federal Treasury, 

ARTICLE c. 
The Federal Tribunal appoints its^ own clerks. • 



30 

ARTIGLE CI. 

The Federal Tribunal decides on such dvil cases: 

1. as disputes which do not pertain to public law; 

a. between Cantons themselves; 

b. between the Union and a Canton; 

2. as disputes between the Union on the one part, and cor^ 
porations or individuals on the other, when such corporations or 
individuals are plaiiitiffs, and the object in dispute is of consid- 
erable importance, which latter, Federal legislation determines;. 

3. as contentions in regard to homeless persons (Heimathlose)^ 
Cases comprised in No. 1, let. a and b, are presented to the Fed- 
eral Tribunal through the Federal Council. Should this Council 
pronounce an application to be beyond the jurisdiction of the 
Federal Tribunal, then the Federal Assembly decides the same. 

ARTICLE CII. 

It is obligatory upon the Federal Tribunal, also to accept 
other cases for trial, when the same is appealed to by both 
parties and the object in dispute is of considerable importance, 
which latter is determined by Federal legislation. In such cases^ 
however, the costs' fall exclusively upon the parties in question. 

ARTICLE cm. 

The co-operation of the Federal Tribunal in trials of penal' 
cases will be determined by Federal legislation, which fixes the- 
details regarding the bills of indictment, and concerning the orga- 
nization of the Courts of Assizes and Appeals (Kassations- 
gerichi), 

ARTICLE CIV. 

The Court of Assizes, having empanneled a jury which pro- 
nounces upon the facts presented, tries : 

n. cases where officials appointed by a Federal authority are 
turned over to it, to be adjudged for some penal offence; 

&. cases of high treason against the Confederation ; of rebellion 
and acts of violence against the Federal authorities; 

c. cases of transgression against, and breaches of interna- 
tional law; 



31 

d, cases involviDg political offences and transgressions, which 
are causes or consequences of such disturbances as have necessi- 
tated an armed Federal intervention. 

The Federal Assembly is empowered, in regard to such offences 
and transgressions, to grant amnesty or pardon. 

AKTICLE cv. 

The Federal Tribunal, in addition, passes judgment upon the 
violation of rights guaranteed by the Federal Constitution, if com- 
plaints of this kind are referred to it by the Federal Assembly. 

ARTICLE cvi. 
It remains optional with Federal legislation to place, exclusive 
of those cases denoted in Articles CI, CIV, and CV, also others 
within the jurisdiction of the Federal Tribunal. 

AKTICLE CVII. 

Federal legislation will determine the details : 

a. in regard to the establishing of an Attorney Generalship ; 

h. as io the crimes and transgressions which come under the 

jurisdiction of the Federal Tribunal, and as to what penal laws 

are to be applied. 

c. Concerning the proceedings, which are to be verbal and 
public. 

d. Regarding Court charges. 

V. MISCELLANEOUS PROVISIONS. ~ 

ARTICLE CVIII. 

Everything relating to the seat of Government of the Federal 
authorities is subject to Federal legislation. 

ARTICLE cix. 
The three prevailing languages of Switzerland, the German, 
French, and Italian, are the national languages of the Union^ 

ARTICLE ex. 
The officials , of the Confederation are responsible for the 
faithful performance of their duties. A Federal statute will define 
this accountability more particularly. 



32 

CHAPTER THIRD. 

REVISION OF THE FEDERAL CONSTITUTION. 

ARTICLE CXI. 

The Federal Constitution can at any time be revised. 

ARTICLE cxii; 
The revision is accomplished according to the manner pre- 
scribed by Federal legislation. 

ARTICLE CXIII. 

If one of the two Councils composing the Federal Assembly 
determines upon a revision, and the other does not acquiesce, 
or if fifty thousand Swiss citizens legally entitled to vote, demand 
a revision of the Constitution, then, in either case, the question 
whether or not a revision shall take place ^ must be subjected to 
the vote of the Swiss People. 

Should, in either of the above cases, the majority of voting 
citizens of Switzerland express itself in the affirmative, then 
both Councils are to be elected anew, in order to take in hand the 
revision. 

ARTICLE CXIV. 

The revised Federal Constitution goes into effect when ac- 
cepted by the majority of the voting Swiss citizens and by a 
majority of the Cantons. 



33

TRANSITIONARY PROVISIONS. 



ARTICLE 1. 

In regard to the acceptance of the present Federal Constitution, 
the Cantons are to express themselves according to the prescribed 
regulations of the Cantonal Constitutions, or, where such Consti- 
tutions contain no provisions fn regard thereto, in a manner to 
be determined by the supreme authority of the Canton in question. 

ARTICLE 2. 

The results of the balloting are to be transmitted to the seat 
of government, in order to be placed in the hands of the Diet, 
which decides whether the new Constitution is adopted. 

ARTICLE .3. 

If the Diet declares the Federal Constitution accepted, it 
immediately adopts the necessary measures for carrying it into 
effect. 

The duties of the Federal war council , and of the Council 
administrating the Federal wat* funds, devolve upon the Federal 
Council. 

ARTICLE 4. 

The provisions contained in the preamble and letter c of 
Article VI of the present Federal Constitution do not apply to 
Cantonal Constitutions already in force. 

Such articles of Cantonal Constitutions as conflict with the 
remaining provisions of the Federal Constitution are annulled 
from the day of the adoption of the latter. 

ARTICLE 5. 

The collection of Swiss frontier duties continues, until the 
new tariff of the future frontier duties is established, 

3 

# 



34 

ARTICLE 6. 

The resolutions of the Diet and the concordatB continue ivk 
force, so far as they do not conflict with the Federal Constitution,, 
until they are canceled or altered. 

On the other hand, those concordats whose contents have 
been declared a subject of Federal legislation, become void from 
the time the lattejr goes into force. 

ARTICLE '7. 

As soon as the Federal Assembly and the Federal Council 
are organized, the Federal Compact of the 7th of August, 1815,. 
ceases to exist. 



PREAMBLE AMD RESOLVTION 

concerning the formal declaration of the adoption of the New 
Federal Constitution of the Swiss Confederation. 

THE FEDERAL DIET, 

After examination of the records (Verbalprozesse) and other 
acts forwarded to the seat of Government by all of the Cantons, 
concerning the balloting upon the Federal Constitution of the 
Swiss Confederation, which Constitution was the result of the 
deliberations of the Diet from May 15th, to June 27th, 1848 in- 
clusive; — 

Whereas, in consequence of these official communications^ 
all the Cantons have expressed themselves concerning the accept- 
ance or rejection of the aforesaid Federal Constitution, in the 
manner explicitly prescribed in the transitionary provisions annexed 
thereunto ; 

Whereas, from a rigid examination of all the records con- 
cerning the balloting which took place in each one of the Can- 
tons, it appears that the Federal Constitution of the Swiss Con- 
federation here alluded to, has been accepted by fifteen whole 



35 

Cantons and one Half-Canton, which jointly represent a popula- 
tion of 1,897,887 inhabitants, consequently the decided majority 
of the inhabitants of Switzerland and of the Cantons; 

In conformity with Article 2 of the transitionary provisions 
previously mentroned, according to which the Diet is empowered, 
after examination of the results of the ballotings to decide whether 
or not the New Federal Constitution is adopted, — 

RESOLVES: 

ARTICLE 1. The Federal Constitution of the Swiss Confedera- 
tion, as it emanated from deliberations of the Diet, from the 15th 
of May until the 27th of June, 1848, inclusive, and submitted to 
the popular vote in each of the Cantons, according to the manner 
prescribed in Article 1 of the appended transitionary provisions, 
is hereby formally adopted and declared fundamental Law of the 
Swiss Confederation. 

ARTICLE 2. The present authenticated declaration, in connec- 
tion with the adopted Federal Constitution in its original form, 
is to be deposited among the Federal archives, and moreover, a 
sufficient number of copies printed, which the Federal anthority 
is immediately to forward to the various Cantonal Governments 
for general promulgation. 

ARTICLE 3. The Diet will immediately adopt, by virtue of 
its own powers, the requisite measures for carrying into effect 
the Federal Constitution. 

Done at Berne, the 12th of September, in the year of our 
Lord one thousand eight hundred and forty-eight. 

The Federal Diet; 
In whose name, 
The President of the Executive Council of the Canton 
of Berne, as Federal Seat of Government, 
President of the Diet : 
(L. S.) ALEX. FUNK. 

The Secreiart/ of the Confederation : 
ScniESS. 



APPENDIX. 



003srv^asrn03sr 



BETWEEN THE 



UNITED STATES OF AMERICA 



AND THE 



SWISS CONFEDERATION. 



(friendship, reciprocal establishments y COMMERCE y AND 
FOR THE SURRENDER OF FUGITIVE CRIMINALS.) 



Concluded November 25, 1850; Ratified November 6, 1855; Ratifications 
exchanged November 8, 1855; Proclaimed November 9, 1855. 



ADVERTISEMENT. 



Deeming it a document of interest to the readers of the foregoing Con> 
stitution, the publisher has thereunto annexed the following authentic copy of 
the Treaty now in force between the United States and the Swiss Confederation. 



By the President of the United States of America : 



A PROCLAMATION. 

Whereas a General Convention of Friendship , Reciprocal 
Establishments, Commerce, and for the Surrender of Fugitive Crim- 
inals , between the United States of America and the Swiss Con- 
federation, was concluded and signed by their respective Pleni- 
potentiaries, in the city of Berne, on the twenty-fifth day of 
November, eighteen hundred and fifty; which Convention, as sub- 
sequently amended by competent authorities of the respective 
Governments, and being in the English and French languages, is 
word for word (the English only is here given) as follows ': 

The United States of America and the Swiss Confederation, 
equally animated by the desire to preserve ^id to draw more 
closely the bonds of friendship which so happily exist- between 
the two Republics, as well as to augment, by all the means at 
their disposal, the commercial intercourse of their respective 
citizens, have mutually resolved to conclude a general con- 
vention of friendship, reciprocal establishments, commerce, and 
for the surrender of fugitive criminals. 

For this purpose, they have appointed as their Plenipoten- 
tiaries, to wit : 

The President of the United States; A.Dudley Mann, special 
•agent of the United States on a mission to the Swiss Confedera- 
tion; ahd the Swiss Federal Council; Henry Druey, President of 
the Swiss Confederation, Director of the Political Department; 
and Frederick Frey-Herosee , member of the Federal Council, Di- 
rector of the Department of Commerce and of Tolls; who, after 
^ communication of their respective full powers , have agreed to 
the following articles : 



40 

ARTICLE I. 

The citizens of the United States of America and the citizens 
of Switzerland shall be admitted and treated upon a footing of 
reciprocal equality in the two countries, where such admission 
and treatment shall not conflict with the constitutional or legal 
provisions as well federal as State and Cantonal , of the contract- 
ing parties. The citizens of the United States and the citizens- 
of Switzerland, as well as the members of their families, subject 
to the constitutional and legal provisions aforesaid, and yielding^ 
obedience to the Jaws, regulations, and usages of the country 
wherein they reside, shall be^ at liberty to come, go, sojourn 
temporarily, domiciliate or establish themselves permanently, the^ 
former in the Cantons of the Swiss Confederation, the Swiss in 
the States of the American Union ; to acquire, possess, and alienate 
therein property (as is explained in article V); to manage their 
affairs; to exercise their profession, their industry, and their com- 
nierce; to have establishments; to possess warehouses; to consign 
their products and their merchandise, and to sell them by wholesale^ 
or retail, either by themselves or by such brokers or other agents 
as they may think proper. They shall have free access to the 
tribunals, and shall be at liberty to prosecute and defend their 
rights before courft of justice in the same manner as native citi- 
zens, either by themselves or by such advocates, attorneys, oi-' 
other agents as they may think proper to select. No pecuniary 
or other more burdensome condition shall be imposed upon their 
residence or establishment, or upon the enjoyment of the abovfr 
mentioned rights, than shall be imposed upon citizens of the 
country where they reside, nor any conditions whatever to which 
the latter shall not be subject. 

The foregoing privileges, however, shall not extend to the^ 
exercise of political rights, nor to a partidpation in the property 
of communities, corporations, or institutions of which the citizens- 
of one party, established in the other, shall not have become 
members or co-proprietors. 

ARTICLE II. 

The citizens of one of the two countries, residing or estab- 
lished in the other, shall be free from personal military service; 



41 

but tbey shall be liable to the pecuniary or material contribu- 
tions which may be required, by way of compensation, from citi- 
zens of the country where they reside, who are exempt from the 
said service. 

No higher impost, under whatever name, shall be exacted 
from the citizens of one of the two countries, residing or estab- 
lished in the other, than shall be levied upon citizens of the 
country in which they reside, nor any contribution whatsoever to 
which the latter shall not be liable. 

In case of war, or of expropriation for purposes of public 
utility, the citizens of one of the two countries, residing or estab- 
lished in the other, shall be placed upon an equal footing with 
the citizens of the country in which they reside, with respect to 
indemnities for damages they may have sustained. 

Article hi. 

The citizens of one of the two Republics, residing or estab- 
lished in the other, who shall desire to return to their country, 
or who shall be sent thither by a judicial decision, by an act of 
police, or in conformity with the laws and regulations on morals 
and mendicity, shall be received at all times and under all cir- 
cumstances, they, their wives, and their legitimate issue, in the 
country to which they belong, and in which they shall have 
preserved their rights in conformity with the laws thereof. 

ARTICLE IV. 

In order to establish their character as citizens of the United 
States of America, or as citizens of Switzerland, persons belong- 
ing to the t\fo contracting countries shall be bearers of pass- 
ports, or of other papers in due form, certifying their nationality, 
as well as that of the members of their family, furnished or 
authenticated by a diplomatic or consular agent of their nation, 
residing in the one of the two countries which they wish to 
inhabit. 

ARTICLE V. 

The citizens of each one of the contracting parties shall have 
power to dispose of their personal property within the jurisdiction 
of the other, by sale, Testament, donation, or in any other manner; 



42 

and their heirs, whether by testament, or db intesiato, or theif 
successors, being citizens of the other party, shall succeed to the 
said property, or inherit it, and they may take possession thereof, 
either by themselves or by others acting for them; they may 
dispose of the same as they may think proper, paying no other 
charges than those to which the inhabitants ot the country wherein 
the said property is situated shall be liable to pay in a similar 
case. In the absence of such heir, heirs, or other successors, the 
same care shall be taken by the authorities for the preservation 
of the property, that would be taken for the preservation of the 
property of a native of the same country, until the lawful pro- 
prietor shall have had time to take measures for possessing himself 
of the same. 

The foregoing provisions shall be applicable to real estate 
situated within the States of the American Union, or within the 
Cantons of the Swiss Confederation, in which foreigners shall be 
entitled to hold or inherit real estate. 

But in case real estate situated within the territories of one 
of the contracting parties should fall to a citizen of the other 
party, who, on account of his being an alien, could not be per- 
mitted to hold such property in the State or in the Cayiton in 
which it may be situated, there shall be accorded to the said 
heir, or other successor, such term as the laws of the State or 
Canton will permit to sell such property; he shall be at liberty 
at all times to withdraw and export the proceeds thereof without 
difficulty, and without paying to the government any other charges 
than those which, in a similar case, would be paid by an in- 
habitant of the country in which the real estate may be situated. 

ARTICLE VI. 

Any controversy that may arise among the claimants to the 
same succession, as to whom the property shall belong, shall be 
decided according to the laws and by the judges of the country 
in which the property is situated. 

AKTICLE VII. 

The contracting parties give to each other the privilege of 
having, each, in the large cities and important commercial placpa 



43 . 

of their respective States, consuls and vice-consuls of their own 
appointment, who shall enjoy the san^e privileges and powers, in 
the discharge of the duties, as those of the most favored nations. 
But before any consul (or vice-consul) shall act as such, he shall, 
in the ordinary form, be approved of by the government to which 
he is commissioned. 

In their private and business transactions, consuls and vice- 
consuls shall be submitted to the same laws and usages as pri- 
vate individuals, citizens of the place in which they reside. 

It is hereby understood that in case of offence against the. 
laws by a consul or a vice-consul, the government to which he 
is commissioned, may, according to circumstances, withdraw his 
exequatur, send him away from the country, or have him punished 
in conformity with the laws, assigning to the other government 
its reasons for so doing. 

The archives and papers belonging to the consulates shall 
be respected inviolably, and under no pretext whatever shall any 
magistrate, or other functionary, visit, seize, or in any way inter- 
fere with them. 

ARTICLE VIII. 

In all that relates to the importation, exportation, and transit 
of their respective products, the United States of America and 
the Swiss Confederation shall treat each other, reciprocally, as 
the most favored nation, union of nations, State, or society, as is 
explained in the following articles : 

ARTICLE IX. 

Neither of the contracting parties shall impose any higher 
or other duties upon the importation, exportation, or transit of 
the natural or industrial products of the other, than are or shall 
be payable upon thg like articles, being the produce of any other 
country, not embraced within its present limits. 

ARTICLE X. 

In order the more effectually to attain the object contem- 
plated in Article VIII each of the contracting parties hereby 
engages not to grant any favor in commerce to any nation, union 
of nations. State, or society, which shall not immediately be 
enjoyed by the other party. 



44 

ARTICLE XI. 

Should one of the contracting parties impose differential diiticB^ 
upon the products of any nation, the other party shall be at liberty 
to determine the manner of establishing the origin of its own 
products, destined to enter the country by which the differential 
duties are imposed. 

ARTICLE Xil. 

The Swiss territory shall remain open to the admission of 
articles arriving from the United States of America ; in like 
manner, no port of the said States shall be closed to articles 
arriving from Switzerland, provided they are conveyed in vessels 
of the United States, or in vessels of any country having free 
access to the ports of said States. Swiss merchandise arriving: 
under the flag of the United States, or under that of one of the 
nations most favored by them, shall pay the same duties as the 
merchandise of such nation; under any other flag it shall be 
treated as the merchandise of the country to which the vessel 
belongs. 

In case of shipwreck and of salvage on the coasts of the 
United States, Swiss merchandise shall be respected and treated 
as that belonging to citizens of the said States. 

The United States consent to extend to Swiss products, arriv- 
ing or shipped under their flag, the advantages which are or 
shall be enjoyed by the products of the most favored nation arriv- 
ing or shipped under the same flag. 

It is hereby understood that no stipulation of the present 
article shall in any manner interfere with those of the four 
aforegoing articles, nor with the measures which have been or 
shall be adopted by either of the contracting countries in the 
interest of public morality, security, or order. 

ARTICLE XIII. 

The United States of America and the Swiss Confederation, 
on requisitions made in their name through the medium of their 
respective diplomatic or consular agents, shall deliver up to justice 
persons who, being charged with the crimes enumerated in the 
following article, committed within the jurisdiction of the requiring 



45 

party, shall seek asylum or shall be found within the territories 
of the other: Provided , that this shall be done only when the 
fact of the commission of the crime shall be so established as to 
justify their apprehension and comniitment for trial, if the crime 
had been eommitted in the country where the persons so accused 
shall be found. 

ARTICLE XIV. 

Persons shall be delivered up, according to the provisions of 
this convention, who shall be charged with any of. the following 
crimes , to wit : 

Murder (including assassination, parricide, infanticide, and 
poisoning), attempt to commit murder; rape; forgery, or the 
emission of forged papers; arson; robbery with violence, intimi- 
dation, or forcible entry of an inhabited house; piracy; embezzle- 
ment by public officers, or by persons hired or salaried, to the 
detriment of their employers, when these crimes are subject to 
infamous punishment. 

ARTICLE XV. 

On the part of the United States the surrender shall be made 
only by the authority of the Executive thereof, and on the part 
of the Swiss Confederation by that of the Federal Council. 

ARTICLE XVI. 

The expenses of detention and delivery, effected in virtue of 
the preceding articles, shall be at the cost of the party making 
the demand. 

ARTICLE XVII. 

The provisions of the aforegoing articles relating to the sur- 
render of fugitive criminals shall not apply to offences committed 
before the date hereof, nor to those of a political character.

ARTICLE XVIII. 

The present convention is concluded for the period of ten 
years, counting from the day of the exchange of the ratifications; 
and if, one year before the expiration of that period, neither of 
the contracting parties shall have announced, by an official notifi- 
cation, its intention to the other to arrest the operations of said 
convention, it shall continue binding for twelve months longer, 
and so on, from year to year, until the expiration of the twelve 



46 

months which will follow a similar declaration; whatever the time 
at which it may take place. 

ARTICLE XIX. 

This convention shall be submitted, on both sides, to the 
approval and ratification of the respective competent authorities 
of each of the contracting parties, and the ratifications shall b& 
exchanged at the city of Washington as soon as circumstances- 
shall admit. 

In faith whereof, the respective plenipotentiaries have signed 
the above articles, under reserve of the above mentioned ratifi- 
cations, both in the English and French languages, and they have 
thereunto affixed their seals. 

Done, in quadruplicate, at the city of Berne, this twenty-fiftli 
day of November, in the year of our Lord one thousand eight 
hundred and fifty. 

A. DUDLEY-MANN. (L. S.) 
H. DRUEY. (L. S.) 
F. FREY-HEROSEE. (L. S.) 

And whereas the convention has been duly ratified on both 
parts, and the respective ratifications of the same were exchanged 
in the city of Washington on the 8th instant, by William L. 
Marcy, Secretary of State of the United States, and John Hitz,, 
Consul General of the Swiss Confederation , on the part of their 
respective governments : 

Now, therefore, be it knovsrn, that I, FRANKLIN PIERCE,. 
President of the United States of America, have caused the said 
convention to be made public, to the end that the same, and 
every clause and article thereof, may be. observed and fulfilled 
with good faith by the United States and the citizens thereof. 

In witness whereof, I have hereunto set my hand and caused 
the seal of the United States to be affixed. 

Done in the city of Washington, this ninth day of Novembeiv 
in the year of our Lord one thousand eight hundred 
and fifty-five, and of the independence of the United 
(L. S.) States of America the eightieth. 

FRANKLIN PIERC^: 
By the President: 

W. L. Marcy, Secretary of State.