years. During this time-thanks to cordance with the suggestions of exthe restraining referendum perience, but there can never again be any question of doing away with it. they can do nothing really contrary to the public will, at least in any essential matter. If they prove incapable, or if their action gives cause of complaint, they are replaced at the next elections, and there is an end of it. We are far enough by this time from that era of revolutions which marked the period between 1815 and 1848. But every medal has its reverse. The fear of the referendum tends to make timid legislators, who sometimes lack the courage to vote for what they believe to be the best for the country, or, having voted for it, to stand up for it before their fellow-citizens; they prefer to let it go without a struggle. The referendum has also given birth to a camarilla of politicians who exploit the credulity or passions of the populace in order to oppose measures which are perfectly legitimate. III. IN Switzerland, the popular initiative is regarded as the necessary complement of the referendum. It is, so to speak, the positive side of a right of which the referendum represents rather the negative side. By the referendum the people approves or rejects the work of its representatives. By the initiative it invites them to take such and such a constitutional or legislative measure, on which, nevertheless, it still reserves the last word to itself. With regard to constitutional matters, we have seen, in the historical sketch already given, that the most important victory achieved by the democratic movement which regenerated Switzerland in 1848 was the acquisition of the right of initiative. In virtue of the Federal law then laid down, every constitution is subject to revision on the demand of a majority of the active citizens. There were, however, different modes of applying this principle. A certain number of cantons recognized the right of the people to specify which articles of the Constitution cantons revision could only be demanded in general terms, and it rested with the representative authority to decide to what points the revision should be directed. Nevertheless, the new system has borne good fruits. The people have generally shown themselves wiser than the meddling politicians who have tried to draw them into systematic opposition. If now and then they have voted under the influence of obvious illhumor with their own representatives, should be amended, while in other they have, on the other hand, more than once given the agitator clearly to understand that he had no chance with them. The net result has been a great tranquillizing of public life. The debates which precede and accompany a referendary movement are a normal manifestation of the popular life. And when the ballot has pronounced, everybody accepts the result. Not unfrequently the press, which loves to parade itself as the voice of public opinion, has been belied by the vote. Those who make the most noise cannot here impose on the people as they do in other countries; they are taken for what they are really worth. Adapted to a people fundamentally democratic, like the Swiss, the referendum is unquestionably one of the best forms of government ever attempted. It may be thought good to modify it in ac It was this last system that prevailed in the Federal Constitution of 1848. The Constitution was a compromise; and it was foreseen that it would not do to let a chance majority have the power of imperilling or destroying its nice equilibrium by a side attack on its very foundations. The Federal Assembly, as the guardian of the rights of all, must alone have the power of introducing modifications, and in this matter it possessed the right of initiative. In 1865, after the conclusion of the treaty of commerce with France, the Assembly proposed to the people and the cantons a revision of the Constitution bearing upon nine points, of which only one was agreed to. The Extreme | article themselves, and to require that Left then proceeded to claim for the it shall be submitted directly to the people the right of initiating partial as people and the cantons. The Chamwell as general revisions. In the gen-bers have then the alternative of receral revision of 1872-4, however, the ommending the adoption or rejection earlier dispositions relative to the pop- of the article, or of bringing in an alterular initiative were left untouched. In native proposal — unless, indeed, they 1878 the Federal Assembly, acting prefer to take no action at all. In this under the pressure of public opinion, form the principle of the popular initiaproposed the revision of Article 65 tive was adopted by the people amidst an article abolishing the penalty of universal indifference, scarcely three death so as to allow the re-introduc- hundred thousand electors out of six tion of the penalty in certain cantons hundred and fifty thousand taking part where it was considered desirable. in the voting-183,029 ayes to 120,599 The revision was adopted. Two years noes. But when it came to putting the later, in 1880, another attempt at the new law in operation, there were found initiation of partial revision was made to be serious difficulties. How, for inby M. Toos of Schaffhausen, who sent stance, was the question to be put in in fifty thousand signatures demanding case of the Federal Assembly proposthat the people should be consulted on ing a counter-project of their own? the question of establishing a federal The citizens, while agreeing that the bank with the exclusive right to issue article should be revised, might be satnotes. The Federal Assembly, con- isfied with neither the one plan nor the sidering this mode of putting the ques- other. They could not express their tion unconstitutional, refused to adopt views unless they were allowed first to it, and laid before the people only the answer the question, "Is the article to customary question: "Do you desire a be revised ?" And what complicarevision of the Constitution?" The tions might not result from such a sysanswer was in the negative. But the tem of voting, the whole inquiry being agitation was continued by the Ex- carried through at the same time, on a treme Left, who claimed an initiative given day! However, for good or evil, for the people on the plea that it could the law was passed- -a law which has not have fewer rights than its own been justly criticised by those who representatives. In 1885 the Catholic have examined it closely, and which Right supported the demand, and can never work well under its present finally the Federal Council proposed to form. the Chambers an article introducing the popular initiative in matters of partial revision. The project rested on the following bases: If the revision of an article of the Federal Constitution, or the addition of a new article, is demanded by fifty thousand citizens, the people are first to be consulted on the preliminary question, "Do you desire the proposed revision?" If the reply is in the affirmative, it will be the duty of Parliament to draft the bill, which is then to be submitted to the vote of the people and the cantons. The advanced democrats, however, refused to accept this as a solution, and succeeded in carrying another proposition, by which the fifty thousand citizens have the right to draft the new An The first use made of the popular initiative was not a happy one. anti-Semite committee had long been clamoring for the prohibition of the mode of slaughter adopted in Jewish slaughter-houses. After minute inquiries, which resulted in proving that this method of slaughter was no more cruel than any other, and that it formed part of the rites of the Jewish religion, the federal authorities refused to grant the prohibition. But no sooner was the popular initiative secured than the anti-Semite committee collected the necessary signatures and demanded the introduction of a constitutional article forbidding the slaughter of animals without first stunning them. It was an appeal to the religious passions of the people; the article was adopted, | decisions should be the work of impulse after a sharp contest, on the 20th of or surprise. The generally adopted sysAugust, 1893, by 191,527 votes to 127,101, and by eleven and a half cantons against ten and a half. Nevertheless, as the drafters of the article had forgotten to impose any penalties, it has remained a dead letter in those cantons which did not care to put it in force. The anti-Semite committee has since repeatedly petitioned for a federal law insisting on compliance, but the federal authorities justly reply that it does not come within their powers. as tem of two Chambers, and of two or three readings for every bill before it passes into law, is in itself a recognition of this fact. But the demagogue is impatient of all these obstacles; he wants a single Chamber and deliberation by steam. It cannot be denied that the Swiss people have shown a want of wisdom in adopting a system of initiative which places all our institutions at the mercy of any daring attempt instigated by the demagogue and favored In two other cases the initiative has by precisely such circumstances been taken in formulating a law once should rather incline us to take time by the Socialist party, demanding the for reflection. But it is, no doubt, a right to labor; and once by the Ex-momentary error, which will be retreme Right, demanding the partition paired at the earliest opportunity. of the customs duties between the Con- In matters of legislation it has been federation and the cantons. In both seen that the canton of Zurich had in cases the people showed more sense 1868 anticipated the demand for the than on the slaughter of animals ques-popular initiative. It was the same in tion; they rejected the first demand by other cantons. Although this right 308,289 votes to 75,880, and by twentytwo cantons to none; and the second by 347,046 votes to 145,207, and by thirteen and a half cantons to eight and a half. has no explicit place in the Confeder- In contrast to the referendum, which is an instrument of conservation, the popular initiative may thus easily become the tool of a revolutionary movement. Thus it happened that one fine day the electors of Zurich thought good It is generally agreed in Switzerland that the popular initiative, as it is now established by the Federal Constitution, might at any time place the country in very considerable danger. From the moment that the regular representatives of the people are placed in such a position that they have no more say in the matter than an irresponsible committee drawing up articles in a bar parlor, it is clear that the limits of sound democracy have been passed, and that the reign of demagogy has begun. The people have no other to grant a monopoly of the right of safeguard than their own good sense. The good sense of the Swiss people is certainly very great; but who is to guarantee us against moments of sudden excitement or of unreflecting passion, when the bounds of reason and justice may again be overstepped, as in the case of the Jewish slaughter- no authority to reverse a mistaken dehouse regulations? The shaping of a wise constitution must always be a matter of weighing and balancing; it cannot be permitted that the gravest issuing bank-notes for the benefit of the State, in plain defiance of Article 39 of the Federal Constitution, which at that time forbade the creation of any such monopoly. Naturally, the decision was reversed by the federal authority; but there is unfortunately cision of the whole Swiss people. Elsewhere, too, as for instance in the federal city of Berne, on a question relating to a bridge, the popular initia tive has been found to lead to almost | representatives of the people would be insoluble complications. It is obvious constrained to retire? that we are here in presence of a force far more difficult to organize and control than the referendum; but one may hope that repeated experiments may lead at last to success. From The Argosy. LADY JOAN. I. It I think, indeed, that I have sufficiently shown that, for the reasons I have here developed, the referendum and the initiative in Switzerland form part of a system of government of which all the pieces hang together. To sum up. Switzerland presents, appears to me very doubtful whether it thanks to the referendum and the pop- would be possible to introduce these ular initiative, the most complete ex- two institutions elsewhere without at ample there is of a direct government the same time introducing a mechanby the people existing in modern times ism of government similar to that of and under modern conditions. Can which they have become part and parthis example be imitated elsewhere? cel here. NUMA DRoz. Not easily. In constitutional countries it would be necessary, to begin with, to adopt the Swiss doctrine that a negative vote on the referendum does not entail the dissolution of the Chambers; otherwise the result would be a state of perpetual agitation, worse than that which it is sought to remedy. Logically, according to this doctrine, the Cabinet also ought not to be obliged to retire before an adverse vote of the Chambers; and hence would result again the periodicity of ministerial functions, which would put an end to that office-hunting which is the chief motive of many a parliamentary man. It would mean a radical transformation of political life in those countries. At present the appeal to the country takes place only on the most serious occasions; and it is the prime minister himself who makes the appeal when he has reason to suppose that the representatives of the people are no longer in touch with their constituents. If in these countries the appeal to the nation on any question were to originate with the nation itself, as is the case in Switzerland, one cannot conceal from oneself that it would probably lead to the most unexpected consequences. It would, indeed, be possible to fix beforehand the subjects on which it should be obligatory to consult the people, which would deprive the reference of any hostile character. But with the ideas current in those countries, would there not still be a tendency to regard a negative vote as an expression of want of confidence, before which the THE luxurious paraphernalia of afternoon tea, and of drinks that were not tea, had vanished. From a score or so of smart guests, whose persiflage had, for the last hour, enlivened the ancient library of Somersby Park, only two remained a girl, near the fire rendered welcome by the damp October day, and a young man in the oriel window. The girl's seat was a stool; her hands were clasped before her knees, her eyes fixed upon the dancing blaze. She was very still; stillness seemed a part of her. The young man, from his oriel, surveyed her with some amusement, lowering his book. She looked like a little white spirit, he remarked inwardly, noting the pale yellow hair, the colorless, childlike profile, and the undeveloped form. "Should you think me rude if I offered you a certain penny, Lady Joan ? " "Mr. Darcy! I did not know you were here! I am glad. I was just thinking about you." She glanced towards him over her slight young shoulder, her position otherwise unchanged. Darcy rose. "Indeed! That is disappointing. I fancied, from your expression, that you were thinking about something interesting." Lady Wil Lady Joan's eyes returned to the conventionalities. Julia blaze. mington —is shocked, and Lord Wilmington only laughs. I have thought, and thought, but I can do nothing without help." "So I was," she answered with the same grave composure: "I mean only that you were mixed up in it. I was making plans to join your work in south London." Darcy stared, and suppressed a smile. "To join it, Lady Joan ?" "Yes. I was listening while you talked to Mr. Holcroft. I liked your schemes. You said you wanted more money. I have a great deal of money. I have been longing, for years, to spend it in work like that." "What exactly is it that you wish to do?" "I have told you; to live near you, in the New Cut. I am dreadfully inexperienced. I have been kept away, all my life, from the poor. Lady Wilallmington's model village doesn't count; the church holds eighty, and the population is not enough to fill it. I must work under direction, and yet I dread fetters and red tape. I would rather be alone, with a kind maid. You told Mr. Holcroft, last night, that a rich lady, who would really devote herself, might do wonders. It's not the wonders I care about, but I want to give my life to the poor." The young man came nearer, and sat down. "Longing?" he repeated. "I think 'longing' is the right word. I might say 'burning;' but people laugh at those strong expressions. Still, it has really often seemed to me a burning fire. I could not speak like this to any one but you." "I feel highly honored by your confidence," said Darcy lightly. nest. But I won't obtrude myself again. I am really anxious to listen. In fact I am very curious. How can I help you?" "By making it easy for me to get free," she said; "I have no nearer relations than the Wilmingtons, and they are only third cousins; but I have lived with them for five years - since my father died; and it is hard to go against them. I am not really responsible to any one; Lord Wilmington was my guardian- but I came of age last month. My money is entirely in my own control; my father left it so. I have a fixed plan for my life. But I did not know how difficult it would be to break through all the customs and had Darcy's grey eyes, which changed from scrutiny to sympathy, kindled. "And you think if I "If you engaged a small house for me—or rooms and wrote, when all was settled, to say so, I could have my things packed, and tell the Wilming tons that I was going next day. My present maid would do to start with, very well. Perhaps you could collect a few girls to meet me at your hall. I would sing to them, and tell them my plans; that opening would lead on. Very soon I should have plunged into all I wish. And then, there I should be, if you wanted money." She looked back into the fire. Darcy had listened attentively. He paused, subduing some impulse, before he answered. "You are very young, Lady Joan." "So much the better ! Twenty years seem a moment." "You have seen little, as yet, of the world. Excuse me for doubting whether you altogether know your own mind." "Excuse me, also, Mr. Darcy, for contradicting you. I have gone through three seasons." "Yes, with your head in the clouds. I watched you many a time last sum |
