Skip to main content

Full text of "Political Science Of The State"

See other formats

220                             POLITICAL SCIENCE.
of the legislature. They decide also in respect to cases touch-
ing the status of persons who have n'o residence (Jieimathlo-
sigkeif). In the cases where questions between cantons, or be-
tween a canton and the confederation, come before them,
they come on reference from the council of the confederation.
If the council decides negatively as to whether a matter
ought to come before the court, the houses have the final
determination on that point (Art. 101). Other cases of
considerable value—the limit to be assigned by the houses—
may be brought before them by consent of the parties at
issue, who are then to pay the entire costs. The trials with a '
jury by the federal court, touch cases where officials are
handed over for trial by a federal authority; those where
high treason against the confederacy, or revolt and violence
against its magistrates, are to be judged ; international crimes
and offenses, political crimes and offenses, causing disorders
which have given occasion to an armed intervention of the
confederation. In these classes of trials the legislature only ,
has the right to grant amnesty or pardon (Art. 104, etc.).
This constitution seems to be needlessly particular, show-
ing the mind of the German race therein, and it has some
serious/aults—such as the absence of an independent confed-
erate arfny, the want of a head to the executive, the permis-
sion to ''ie cantons to treat with foreign states in regard to
certain Uss important relations with neighbors outside of the
confederacy, the restrictions on the taxing power; but, on
the whole; it is a constitution with excellent adaptation to a
people lite Switzerland, which, on account of its neutraliza-
tion, needs no proper standing army; and it is dictated by
a sincere a|d wise aim—to secure a government of sufficient
strength, jet not calculated to alarm the jealous cantons,
whose whde history has been shaped by the endeavor to
protect thei independence.
The consitution of 1848 continued in force until 1874.
to revise ft» Partial as in J866, when of
articles changing the instrument of govern-
ment two onlwere adopted, or entire, as in 1872, were pro-