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HARVARD LAW SCHOOL
LIBRARY
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THE
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FEDERAL CONSTITUTION *
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t H I i\ T E D BY a ' J W V S S
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THE
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FEDERAL CONSTITUTION
OF THE
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SEPTEMBER 12, 1848
With Alt. XLI and XLTUI as amended January 14, 1866
\
J
SE:CO]>nD BHDITION
PRINTED BY C.-J WYSS
1867.
^)>^^^—
i
THE
FEDERAL CONSTITUTION
OF THE
SWISS GONFEOERATION
SEPTEMBER 12, 1848
with Art. XLI and XLTUI •• amended Jannarr 14, 18e«
SECOND EDITION
PRINTED BY C.-J. WYSS
1867.
9^ I
E loo
EC-
4
TRANSLATOR'S PREFACE.
To a native of Switzerland nothing could be more gratifying thnn to notice
the frequent manifestations of popular sympathy in England and the United
States, toward the country where republicanism has maintained a foot-hold
for the last five hundred years.
Having thus the love of country so innate in a Swiss, almost daily stimu-
lated by the many encomiums bestowed upon the land of his birth, its scenery,
institutions, and people, the translator was induced to think a rendering into
English of the instrument which so effectually cemented into a general whole
the varied interests of twenty-two distinct governments, could not but prove
acceptable to its Anglo-Saxon admirers.
^ It was considered irrelevant to give a detailed account of the causes which
\s^ led to the adoption of the present excellent Constitution , as it would occupy
^^ a space wholly disproportionate to the nature of the present publication;
'^ suffice it to slay, that prior to 1848, Switzerland was only governed by the
very inadequate laws of a Confederacy similar to those of the United Spates
previous to the framing of their Constitution, in 1787.
Washingtoh City, D. C, Sept. 12, 1868.
604068
PREFACE TO THE SECOND EDITION.
The first edition of this work has long ago been exhausted, yet the interest
it manifestly awakened and the frequent requests for copies at the present
time, prompts the translator after a thorough revision and careful compnrison
with the originals in German and French, to republish the same as amended
in Articles XLI and XLYIII Japuary 14^, 1866 and recently ofBcially promulgated.
Bbrkb, July 1867.
IN THE NAME OF ALMIGHTY GOD!
Tlie Swiss Confederation,
with a view to strengthen the Union of the Confederates, to main-
tain and promote the unity, power and honor of the Swiss
nation, has adopted the following Federal Constitution :
FEDERAL CONSTITUTION
OF THE
SWISS CONFEDERATION.
CHAPTER FmST.
GENERAL PROVISIONS.
ARTICLE I.
The people of the twenty-two sovereign Cantons of Switzer-
land, united through the present Union, to wit: Zurich, Berne,
Lucerne, Uri, Schwyz, Unterwalden (Upper and Lower), Glarus,
Zug, Freihwrg, Soleure, Basel (City and Country), Schaffhausen,
Appenzell (both Rhodes), St. Gallen, Orisons, Aargau, Thurgau,
Tessin, Vaud, Valais, NeucMtel, Geneva, constitute collectively the
SWISS CONFEDERATION.
XViTlCLl^ 11.
The object of the Union is : to insure the independence of
the country against foreign power; to maintain tranquillity and
order in the interior; to protect the liberty and rights of the
Confederates, and to promote the common welfare.
ABTICLE III.
The Cantons are sovereign, so far as their sovereignty is
not limited by the Federal Constitution, and accordingly they
exercise all rights which are not delegated to the Federal power.
ARTICLE IV.
All Swiss are eqnal in the eye of the law. In Switzerland
there are no subjects, no privileges of place, of birth, of persons,
or of families.
ARTICLE V.
The Union guarantees to the Cantons their territory, their
sovereignty within the limits prescribed by Article III, their con-
stitutions, the liberty and rights of the people, the constitutional
rights of the citizens, as well as the rights and powers which
the people have conferred upon the authorities.
ARTICLE VI.
It is obligatory upon the Cantons to secure the Federal guarantee
of their constitutions.
The Union assumes this guarantee, provided :
a. That these constitutions contain nothing contrary to the
provisions of the Federal constitution.
b. That they secure the exercise of political rights according
to republican forms, representative or democratic.
c. That they have been accepted by the people, and that they
can be revised whenever an absolute majority of the citizens
demands it.
ARTICLE VII.
Special alliances and treaties of a political character between
Cantons are forbidden. *
On the other hand, the Cantons have the right to conclude,
among themselves, conventions for matters of legislation, justice
or administration; these conventions they are however to submit
to the Federal authority for examination, which authority, should
these conventions contain anything contrary to the Union or to the
rights of the other Cantons, is authorizetl to prevent their being
carried into execution. Where there is no such incompatibility,
the contracting Cantons are granted the right to claim the co-
operation of the Federal authorities for their execution.
ARTICLE VIII.
The Union has the sole right to declare war, and to con-
clude peace, as well as to form alliances with foreign countries,
and to make treaties with them, especially such as relate to customs
and commerce.
ARTICLE IX.
To Cantons however, is reserved the right of concluding, with
foreign countries, treaties on matters of public economy, neighbourly
intercourse, and police; nevertheless these treaties must contain
nothing contrary to the articles of the Union, nor to the rights
of other Cantons. '
ARTICLE X.
Official communications between the Cantons and foreign gov-
ernments or their representatives , are made through the medium
of the Federal Council.
Concerning such matters as are mentioned in the preceding
Article IX, the Cantons can however, have direct communication
w^ith the subordinate authorities and functionaries of a foreign
State.
ARTICLE XI.
No contracts to furnish soldiers for service abroad (capitula-
turns militaires) are permitted to be concluded.
ARTICLE XII.
The members of the Federal authorities, civil and military
functionaries of the Confederation, and the Federal representatives
or commissioners, are not permitted to receive from foreign gov-
ernments pensions, salaries, titles, presents, or decorations.
If they are already in possession of pensions, titles, or dec-
orations, they must relinquish the enjoyment of their pensions,
the bearing of their titles, and the wearing of their decorations,
during the continuance of their functions.
Subordinate functionaries and employees may however be per-
mitted by the Federal Council to continue in receipt of their
pensions.
ARTICLE XIII.
The Union has no right to maintain standing armies.
8
«
Without consent of the Federal authorities, no Canton, or in
divided Cantons , no part thereof, is allowed to have more than
three hundred men of standing troops exclusive of the police corpa
(gmdarmerie).
ABTICLE XIV.
The Cantons are bound, when contentions arise among them-
selves, to abstain from employing individual force or arming
themselves and they shall submit in such cases to Federal
decision.
ABTICLE XV.
Should a Canton be suddenly threatened with danger from
abroad it is obligatory upon the government of said Canton ta
notify other Cantons to render assistance; at the same time giving^
the^ Federal authorities notice thereof, and submitting itself entirely
to their further orders. The notified Cantons are in duty bound
to render aid. The expenses are borne by the Confederation.
ARTICLE XVI.
If civil disturbances take place, or if one Canton is threatened
with danger from another, the government of the threatened Canton
is immediately to apprize the Federal Council thereof, in order
diat the latter, within the limits of the authority vested in it
(Article XC, Nos. 3, 10, and 11), may adopt the requisite measures^
or convene the Federal Assembly. In pressing cases, the govern-
ment in question is privileged, when notifying the Federal Council,,
also, to inform other Cantons , that their assistance is required^
and such as are called upon are in duty bound to render aid.
If it is out of the power of the Cantonal Government to apply
for assistance, then may, and if the safety of Switzerland be placed
in jeopardy, fJien shall, the properly constituted Federal author-
ities interpose of their own accord.
In case of intervention, the Federal authorities will see to
the observance of instructions contained in Article V.
The expenses are borne by the Canton applying for assist-
ance or causing the Federal intervention, unless, owing to peculiar
circumstances, the Federal Assembly determine otherwise.
9
ARTICLE XVir.
Iq cases designated by Articles XV and XVI, every Canton
is bound to allow free passage to the troops. These are forthwith
to be placed under Federal command.
ARTICLE XVIII.
Every Swiss is subject to military duty.
ARTICLE XIX.'
The Federal army, which is composed of the contingents of
the Cantons, consists :
a. Of the Elite, to which each Canton is to contribute three
men from every hundred of its Swiss population.
h. Of the Reserve, which consists of half the number of the
Elite,
In times of danger the Union has also disposition of the
Second Reserve, which consists of all the remaining military forces
of the Cantons (Landwehr).
The scale of the contingents which determines according to
the designated ratio the number of men to be furnished by each
Canton, is to be subjected every twenty years to a revision.
ARTICLE XX.
In order to secure in the Federal army the requisite uni-
formity and efficiency for service , the 'following principles are
established :
1. A Federal statute determines the general organization of
the army.
2. The Union assumes :
a. the instruction of the Engineer corps, of the Artillery and
Cavalry; it being however, obligatory upon the Cantons which
are to furnish these branches of the service,, to provide the re-
quisite horses;
h, the military tuition of instructors for the remaining branches
of the service;
c, the higher military instruction for every branch of the
service, and for this purpose in particular erects military insti-
tutes and orders the assembling of troops;
10
df. the fttrnishing of part of the materials of war.
The oentralizatioo of the military education can if needed,
be further developed by Federal legislation.
3. The Union exercises surveillance over the military instruc-
tion of the Infantry and Sharpshooters, and likewise over the
purchase, construction, and maintenance of the materials of war
which the Cantons are to furnish to the Federal army.
4. The military regulations of the Cantons are not allowed
to contain anything contrary to the Federal military organization,
nor to the Federal obligations incumbent upon them, and niust
therefore with a view to ascertain this, be submitted to the Federal
Council for examination.
5. All corps of troops in Federal service, bear exclusively
the Federal flag.
ARTICLE XXI.
The Union is empowered, when conducive to the interests
of the Confederation or to a considerable part thereof, to construct
or assist in the construction of public works at the expense of
the Confederation.
For this purpose it is also authorized to exercise upon grant-
ing full indemnity the right 6f expropriation. The more definite
provisions relating to this subject are entrusted to Federal legis-
lation.
The Federal Assembly can prohibit the erection of public
works which would be detrimental to the military interests of the
Confederation.
ARTICLE XXII.
The Union is empowered to erect a University and a Poly-
technic School.
ARTICLE XXIH.
The Customs and all relating thereto are aflfairs of the Union.
ARTICLE XXIV.
To the Union is delegated the right to abolish, wholly or in
part, all land and water customs, road and bridge tolls, obligatory
warehouse and other similar imposts, granted or recognized by
11
the Diet, be they levied by Cantons, Communes, Corporations or
private individuals, upon justly indemnifying the recipients. Those
customs and tolls which burden the transit, are at all events to
be redeemed and that simultaneously throughout the whole extent
of the Confederation.
The Union has the right to levy on the frontiers of Switzer-
land, import, export, and transit duties.
It is empowered, upon proper indemnification, to acquire pos-
session, either as property in fee or under lease, of such buildings
on the frontiers of Switzerland as at present are in use for cust-
oms purposes.
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.
APR 30
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