Part 185

Article 86. By the liberty of the press is understood the right of every Swedish subject to publish his writings, without any impediment from the government, and without being responsible for them, except before a court of justice, or liable to punishment, unless their contents be contrary to a clear law, made for the preservation of public peace. The minutes, or protocols, or the proceedings, may be published in any case, excepting the minutes kept in the council of state and before the king in ministerial affairs, and those matters of military command; nor may the records of the bank, and the office of the funds of amortissement, or national debt, be printed.

Article 87. The estates, together with the king, have the right to make new and repeal old laws. In this view such questions must be proposed at the general meetings of the orders of the estates, and shall be decided by them, after having taken the opinion of the law committee, as laid down in the 56th article. The proposition shall be submitted, through the speakers, to the king, who, after having ascertained the opinion of the council of state and supreme court, shall declare either his royal approbation, or motives for withholding it. Should the king desire to propose any alteration in the laws, he shall, after having consulted the council of state and supreme court, refer his proposition, together with their opinion, to the deliberation of the states, who, after having received the report of the law committee, shall decide on the point. In all such questions the resolution of three orders shall be considered as the resolution of the estates of the realm. If two orders are opposed to the other two, the proposition is negatived, and the law is to remain as formerly.

Article 88. The same course, or mode of proceeding, shall be observed in explaining the civil, criminal, and ecclesiastical laws, as in making these. Explanations concerning the proper sense of the law given by the supreme court in the name of the king, in the interval between the Diets, may be rejected by the states, and shall not afterwards be valid, or cited by the courts of judicature.

Article 89. At the general meetings of the orders of the estates, questions may be proposed for altering, explaining, repealing, and issuing acts concerning public economy; and the principles of public institutions of any kind may be discussed. These questions shall afterwards be referred to the committee of public grievances and economical affairs, and then be submitted to the decision of the king, in a council of state. When the king is pleased to invite the estates to deliberate with him on questions concerning the general administration, the same course shall be adopted as is prescribed for questions concerning the laws.

Article 90. During the deliberations of the orders, or their committees, no questions shall be proposed but in the way expressly prescribed by this fundamental law, concerning either appointing or removing of officers, decisions and resolutions of the government and courts of law, and the conduct of private individuals and corporations.

Article 91. When the king, in such cases as those mentioned in the 39th article, is absent from the kingdom longer than twelve months, the council shall convoke the estates to a general Diet, and cause the summons to be proclaimed within fifteen days from the above time, in the churches of the capital, and speedily afterwards in the other parts of the kingdom. If the king, after being informed thereof, does not return to the kingdom, the estates shall adopt such measures as they deem most beneficial for the country.

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Article 92. The same shall be enacted in case of any disease or ill health of the king, which might prevent him from attending to the affairs of the kingdom for more than twelve months.

Article 93. When the heir of the crown, at the decease of the king, is under age, the council of state shall issue summons to the representatives to meet. The estates of the realm shall have the right, without regard to the will of a deceased king concerning the administration, to appoint one or several guardians, to rule in the king's name, according to this fundamental law, till the king becomes of age.

Article 94. Should it ever happen that the royal family become extinct in the male line, the council of state shall convene the estates, to elect another royal family to rule conformably to this fundamental law.

Article 95. Should, contrary to expectation, the council of state fail to convoke the estates, in the cases prescribed by the 91st, 93d, and 94th articles, it shall be the positive duty of the directors of the house of nobles, the chapters throughout the kingdom, the magistrates in the capital, and the governors in the provinces, to give public notice thereof, in order that elections of deputies to the Diet may forthwith take place, and the estates assemble to protect their privileges and rights of the kingdom. Such a Diet shall be opened on the fiftieth day from that period when the council of state had proclaimed the summons in the churches of the capital.

Article 96. The estates shall at every Diet appoint an officer, distinguished for integrity and learning in the law, to watch over, as their deputy, the conduct of the judges and other official men, and who shall, in legal order and at the proper court, arraign those who in the performance of their offices have betrayed negligence and partiality, or else have committed any illegal act. He shall, however, be liable to the same responsibility as the law prescribes for public prosecutors in general.

Article 97. This deputy or attorney-general of the estates shall be chosen by twelve electors out of every order.

Article 98. The electors shall at the same time they choose the said attorney-general, elect a person possessing equal or similar qualities to succeed him, in case of his death before the next Diet.

Article 99. The attorney-general may, whenever he pleases, attend the sessions of all the superior and inferior courts, and the public offices, and shall have free access to their records and minutes; and the king's officers shall be bound to give him every assistance.

Article 100. The attorney-general shall at every Diet present a report of the performance of his office, explaining the state of the administration of justice in the land, noticing the defects in the existing laws, and suggesting new improvements. He shall also, at the end of each year, publish a general statement concerning these.

Article 101. Should the supreme court, or any of its members, from interest, partiality, or negligence, judge so wrong that an individual, contrary to law and evidence, did lose or might have lost life, liberty, honour, or property, the attorney-general shall be bound, and the chancellor of justice authorised, to arraign the guilty, according to the laws of the realm, in the court after mentioned.

Article 102. This court is to be denominated the court of justice for the realm, and shall be formed by the president in the superior court of Swea, the presidents of all the public boards, four senior members of the council of state, the highest commander of the troops within the capital, and the commander of the squadron of the fleet stationed at the capital, two of the senior members of the superior court of Swea, and the senior member of all the public boards. Should any of the officers mentioned above decline attending this court, he shall be legally responsible for such a neglect of duty. After trial, the judgment shall be publicly announced: no one can alter such a sentence. The king may, however, extend pardon to the guilty, but not admitting him any more into the service of the kingdom.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHARLES.

CONSTITUTION OF SWEDEN: End----------

CONSTITUTION OF THE SWISS CONFEDERATION.

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

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

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

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

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

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

Chapter I. General Provisions.

ARTICLE 1. The peoples of the twenty-two sovereign Cantons of Switzerland, united by this present alliance, viz.: Zurich, Bern, Luzern, Uri, Schwyz, Unterwalden (Upper and Lower), Glarus, Zug, Freiburg, Solothurn, Basel (urban and rural), Schaffhausen, Appenzell (the two Rhodes), St. Gallen, Grisons, Aargau, Thurgau, Ticino, Vaud, Valais, Neuchâtel, and Geneva, form in their entirety the Swiss Confederation.

ARTICLE 2. The purpose of the Confederation is, to secure the independence of the country against foreign nations, to maintain peace and order within, to protect the liberty and the rights of the Confederates, and to foster their common welfare.

ARTICLE 3. The Cantons are sovereign, so far as their sovereignty is not limited by the Federal Constitution; and, as such, they exercise all the rights which are not delegated to the federal government.

ARTICLE 4. All Swiss are equal before the law. In Switzerland there are neither political dependents, nor privileges of place, birth, persons, or families.

ARTICLE 5. The Confederation guarantees to the Cantons their territory, their sovereignty, within the limits fixed by Article 3, their Constitutions, the liberty and rights of the people, the constitutional rights of citizens, and the rights and powers which the people have conferred on those in authority.

ARTICLE 6. The Cantons are bound to ask of the Confederation the guaranty of their Constitutions. This guaranty is accorded, provided:

(a) that the Constitutions contain nothing contrary to the provisions of the Federal Constitution.

(b) That they assure the exercise of political rights, according to republican forms, representative or democratic.

(c) That they have been ratified by the people, and may be amended whenever the majority of all the citizens demand it.

ARTICLE 7. All separate alliances and all treaties of a political character between the Cantons are forbidden. On the other hand the Cantons have the right to make conventions among themselves upon legislative, administrative or judicial subjects; in all cases they shall bring such conventions to the attention of the federal officials, who are authorized to prevent their execution, if they contain anything contrary to the Confederation, or to the rights of other Cantons. Should such not be the case, the covenanting Cantons are authorized to require the cooperation of the federal officials in carrying out the convention.

ARTICLE 8. The Confederation has the sole right of declaring war, of making peace, and of concluding alliances and treaties with foreign powers, particularly treaties relating to tariffs and commerce.

ARTICLE 9. By exception the Cantons preserve the right of concluding treaties with foreign powers, respecting the administration of public property, and border and police intercourse; but such treaties shall contain nothing contrary to the Confederation or to the rights of other Cantons.

ARTICLE 10. Official intercourse between Cantons and foreign governments, or their representatives, shall take place through the Federal Council. Nevertheless, the Cantons may correspond directly with the inferior officials and officers of a foreign State, in regard to the subjects enumerated in the preceding article.

ARTICLE 11. No military capitulations shall be made.

ARTICLE 12. No members of the departments of the federal government, civil and military officials of the Confederation, or federal representatives or commissioners, shall receive from any foreign government any pension, salary, title, gift, or decoration. Such persons, already in possession of pensions, titles, or decorations, must renounce the enjoyment of pensions and the bearing of titles and decorations during their term of office. Nevertheless, inferior officials may be authorized by the Federal Council to continue in the receipt of pensions. No decoration or title conferred by a foreign government shall be borne in the federal army. No officer, non-commissioned officer, or soldier shall accept such distinction.

ARTICLE 13. The Confederation has no right to keep up a standing army. No Canton or Half-Canton shall, without the permission of the federal government keep up a standing force of more than three hundred men; the mounted police [gendarmerie] is not included in this number.

ARTICLE 14. In case of differences arising between Cantons, the States shall abstain from violence and from arming themselves; they shall submit to the decision to be taken upon such differences by the Confederation.