The year 1848, which crowned the noble aspirations of the Regeneration period in Switzerland, marks a fresh starting-point in the history of the country. Providence had dealt graciously with the little republic. France, Prussia, and Austria were battling with the "February Revolution," and were thus prevented from dealing out to her the fate of unhappy Poland. Meanwhile eminent Swiss statesmen were drafting the new Federal Constitution which was to bind the various nationalities into one people, and the twenty-two cantons into a well-riveted Bundestaat, a state which, thanks to its policy, its prosperity, and its independent spirit, was soon to command the esteem of even the most antagonistic Powers.

On the 12th of September, 1848, the new pact was proclaimed, amidst cannonading, illumination, and general rejoicing. The old and crippled Tagsatzung was abolished. The new constitution borrowed some features from that of the United States, and, though greatly on the lines of the Mediation Act, blended far more happily the central and federal systems. Only the essential points can here be noted.

The Central Government, whose raison d'Être is the maintenance of peace and order at home, and the upholding of the national honour abroad, divides itself into three authorities or divisions, the Federal Assembly, the Legislative body; the Federal Council, which is the executive body; and the Federal Tribunal. The Federal Assembly consists of two chambers, the National Council, and the Council of the States; the former elected by the Swiss people at large, the latter representing the different cantons. The Nationalrath is elected by ballot for three years, one member to every twenty thousand souls. At present (1889) there are 145 members. The cantonal governments elect the members of the other chamber, two to each canton, one to a semi-canton. The Federal Council (Bundesrath) is the Executive, and consists of seven members. Its chairman or president holds the highest dignity in the country, though his powers do not exceed those of his fellow-ministers. The whole Cabinet is collectively responsible for the conduct of all public business, and holds the summum imperium. Thus the whole Federal Council, and not its president only, occupies the position similar to that of the President of the United States.[103] There are various departments of the Executive—Foreign Affairs, Interior and Education, Justice and Police, Military, Finance and Customs, Industry and Agriculture, Post and Railway. The Federal Assembly sits twice a year, and elects both the Bundesrath, and Bundesgericht (Tribunal). The Cabinet is subject to re-election every three years, but the same ministers are commonly chosen again and again. The Tribunal, or judiciary body, consists of nine members, who are elected every six years, with headquarters at Lausanne (since 1884).

Bern, on account of its position between the German and French-speaking districts, was chosen as the seat of the central government. Zurich was to have been the home of the National University, but the plan failed, and it is now the seat of the National Polytechnikum, or technical university. Thus the two leading cities of the Confederation keep up their old characteristics, as governmental and intellectual respectively. Zurich's claims to intellectual distinction are unquestionable. Its magnificent system of schools, &c., is probably one of the most complete in Europe, if not in the world.

It would be tedious as it is unnecessary to enter in detail into the powers of the central government as compared with those of the separate cantons. Suffice it to say, that the Bund reigns supreme in all relations with foreign states—it is only through the medium of the central government that any canton can treat with a foreign Power—that it controls all military matters, regulates coinage (Mints), weights and measures, posts and telegraphs, and fixes customs duties. It also partly controls the national education—the Polytechnikum at Zurich is wholly a federal affair, for instance—but in general each canton is left to its own devices in the matter. Thus, though every Swiss takes a pride in his schools, there is not one uniform standard throughout the state.

Every burgess is bound to perform military service, and at any time a force of 200,000 men of the Élite, and first reserve, can be placed in the field, not including the Landsturm. Since the Franco-German war military matters are engaging the serious attention of the country, seeing the central position of Switzerland, and the unsettled state of Europe.[104] It remains to be said that the new Constitution secured freedom in religious matters, though the Jesuits were denied free settlement, and the Jews were not recognized till 1866. The Octroi, or duties between the cantons, was not removed till 1887, and then only after a hard fight on the part of some of the cantons, notably Bern, to whom these dues were a great source of profit.

It is a problem requiring all the powers of the skilled statesmen to make the two Swiss sovereignties—the federal and cantonal—run side by side without allowing either to trench on the other's ground. And it is a much disputed point how far it is to the national benefit to increase the powers of the Federal Government. The centralization of the Government undoubtedly secures a better administration in most points, but the cantons jealously guard against any infringement of their rights by the Federation. They believe that a healthy rivalry and emulation between the states is a good thing, and one not lightly to be given up.

The new Bundesrath was soon called upon to prove the quality of its mettle, for troubles arose in NeuchÂtel. This canton was, up to 1848, a veritable mediÆval relic in its form of government—a mixture of monarchy and free state. Few spots in Europe have had a more typical and characteristic history than NeuchÂtel, and did space permit it would be most interesting to trace that history downwards, from its junction with the empire in 1033; through its rule by native lords, the counts of NeuchÂtel, till their extinction in 1395; its vassalage to the house of ChÂlons; the suzerainty of the Orleans-Longueville family; the regency of Marie de Nemours (1679-1707). But here suffice it to say, that through fear of the designs of Louis Quatorze, NeuchÂtel gladly accepted the ducal supremacy of the kings of Prussia. In 1815 it was incorporated with the Confederation, as a canton with equal rights and standing to the rest. Notwithstanding this, Prussia still claimed to be its overlord, and thus arose a double rÉgime, a condition of things plainly untenable. In 1848 the Confederation endeavoured to obtain the release of the canton from Prussian rule, and this by the peaceful methods of diplomacy, but in vain. In 1856 a conspiracy was set on foot to undo the work of 1848—the granting of a more democratic constitution to NeuchÂtel. At the head of these royalist plotters were Count Poustates and De Meuron. However, their plans failed, and five hundred prisoners were taken. Out of these, twenty-five were by order of the Federal Government kept back to be tried as insurgents. Frederick William IV., of Prussia, demanded their unconditional pardon and surrender, an order obedience to which would have been a renunciation of the canton, and a defiance of the Federal rule. The demand was refused, and the question of the release became the centre about which all the negotiation now turned. In this emergency Napoleon III., of France, offered his services as mediator, mindful of the hospitality shown to him of old by Switzerland. He further promised to espouse the Swiss cause if the prisoners were released, and to Switzerland his offer carried greater weight than all the promises of Prussia. "I shall act in the matter as if I were the Swiss Government," he assured Dr. Kern, who had been sent as special envoy to the French Court, and in a further conversation tried in every possible way to prove his sympathy with the little republic.[105] England made similar promises. However the Prussian king made no overtures, and neither France nor England gave sufficient guarantee that NeuchÂtel should be ceded to Switzerland, and the Swiss Government therefore declined to proceed further on these vague terms. Frederick William threatened war, and began to mobilize his troops. The Federal Council likewise began its preparation, and without outward sign of fear or hesitation, but with a unanimous feeling of heroic enthusiasm though the length and breadth of the country, the Swiss went on with their military organization. Most touching instances of devoted patriotism were witnessed—from the greyhaired old man to the mere boy the people offered their services; fellow-countrymen abroad sent large sums of money; even school children offered their savings. Catholic and Protestant, French and German, Italian and Romansch, all were animated by one spirit, all were equally ready to defend the honour and independence of their beloved country. Dufour was again elected Commander-in-chief of the Federal forces. To the crowds who gave him a splendid ovation he replied in these memorable words: "I rejoice to end my life in the service of my country. I am old"—he was seventy—"and my task is heavy, for the enemy is powerful, but I trust I shall carry on my mission in the name of the God of our RÜtli, who has never ceased to protect our Fatherland." Such has ever been and ever will be the love of the Swiss for their native soil, a love not based merely on the beauty of their land, nor on the perfection of its institutions, but on the knowledge that it is a stronghold of noble freedom, and one of their own rearing. The proud bearing of the Swiss made a great impression on the Powers, and particularly excited the admiration of Napoleon, who, forgetting the former distrust shown towards him, again offered his services as mediator. By his advice the prisoners were conducted to France, and there set free, on January 16, 1857, and they remained in banishment till the settlement of the dispute. This was finally accomplished on May 26th, at the conference of Paris, when the Prussian king formally renounced for ever all claims on NeuchÂtel, whether duchy or canton, retaining, however, the title of FÜrst von Neuenburg. Thus the district was entirely ceded to Switzerland.

The cession of Nice and Savoy to Napoleon III. by Victor Emmanuel in 1859-60, led to dissensions with the emperor, which might have turned out serious, the Swiss having some claims on Chablais and Faucigny. The point is not settled even yet. There have also been disputes with the Papal See, consequent on the development of the Old Catholic movement, and the Pope's encroachments. Though the old diocese of Geneva had been long abolished, Pius IX. appointed Mermillod as bishop. Lachat, Bishop of Solothurn, turned out of their cures several priests for declining to accept the dogma of infallibility. The exasperation in the country was great, the two bishops were banished from Switzerland, and the Papal Nuncio was discharged. It was not till 1883 that Mermillod was allowed to return.

It remains to speak briefly of some of the constitutional revisions which have taken place, up to 1883, or even to the present moment. In 1874 the Federal Pact was amended. Briefly the improvement on the pact of 1848 consisted mainly in arranging a better and more effective centralization in financial, military, and judicial matters. Experience had brought to light many defects in the representative system. Personal, local, or class interests often weighed more with delegates than national interests; or occasionally a minister would assume too great powers to himself. To give the people a more direct share in the legislation, two institutions were set on foot which are peculiar to Switzerland. These are the "Initiative" and the "Referendum." They are perhaps the furthest developments of democracy yet reached, and are exciting considerable interest in English-speaking countries at the present time.

The Initiative is a development of the right of petitioning. By it any voter or voters may propose new legislation, and if the requisite number of voters can be got to support the proposal by signing the formal petition in its favour, the matter must be put to the popular vote. The number of signatures necessary is five thousand in the case of cantonal legislation, and fifty thousand in Federal matters. The people have thus always the power to bring on the discussion of any matter, however much the Council, or the legislators may object.

The Referendum, which by the way is far more frequently applied, secures that any law passed by the cantonal assemblies, or by the Federal Assembly, shall be put before the forum of the whole people[106]—referred to the whole body of voters—if again the required number of supporters can be got together. In cantonal matters this number is the same as in the case of the Initiative; in matters relating to the Confederation, thirty thousand votes, or eight cantons are necessary. There are two kinds of Referendum, adopted by different parts of the country, the "facultative," or optional Referendum, by St. Gall, Zug, Lucerne, Baselstadt, Schaffhausen, Vaud, NeuchÂtel (1882), Geneva, Ticino (1883); and the "obligatory" or compulsory Referendum, which obtains in Zurich (1869), Bern (1869), Thurgau, Aargau, Solothurn, Schwyz, GraubÜnden, and Baselland. Uri, Glarus, the two Unterwalden, and the two Appenzell cantons, still cling to their old landsgemeinde, whilst Valais has a financial Referendum, and Freiburg is content with its older representative form of government. Opinion is much divided in Switzerland as to the value of the Referendum. In this, probably, most Swiss agree, that an arrangement which places the sovereign will of the people above that of the authorities and legislative bodies is a good arrangement, providing the people at large are intelligent and educated. And here Switzerland shows to great advantage. Probably no people in the world have so fully and so clearly recognized that "education alone makes free." The Swiss educational system is such, that it reaches down to the poorest child and penetrates into the remotest valley. All primary education is gratuitous and compulsory. If any people deserve by education and intelligence to be entrusted with powers like that conferred by the Referendum, it is the Swiss. Yet men of every political shade admit that the Referendum is a two-edged weapon which may cut both ways. It is at any rate no new thing in Switzerland. It may be styled a landsgemeinde by ballot. And, as far back as the sixteenth century, the question of the Reformation was put to the Referendum—in a somewhat different way, it is true—both in Zurich and Bern. In its present form, of course, the Referendum is modern. It is curious to find that though introduced by the advanced democratic party it turns out in actual working to be a decidedly conservative measure. It may stop a sound and beneficial measure occasionally, but it is more likely to check rash and insufficiently considered legislation, as the Swiss are naturally averse to needless changes. An example or two may serve to illustrate this. Baselland thrice brought forward a Bill for the revision of its cantonal code; thrice the Bill was rejected, under the compulsory Referendum. At Zurich quite recently (spring of 1889), the Grand Council wished to bring in a new law for bettering the education of the masses by improving the supplementary schools. The country labourers had a majority, and rejected the measure, objecting, it is said, to the additional expenditure. It is to be hoped, however, that this measure will be carried eventually. On the whole, perhaps, the "facultative" Referendum is to be preferred to the obligatory. We may mention, in conclusion, that out of 107 Bills passed by the Federal Council, between 1874 and 1886, nineteen were submitted to the Referendum, and of these nineteen, but six were ultimately adopted by the whole body of voters thus appealed to.[107]