stead of the initiative resting with the purpose it instituted a regular method malcontents. by which changes in the cantonal conThe struggle between the oligarchy stitutions could be carried out; and it and the democracy which fills the pe-applied a similar proceeding to the riod of the "Federal Compact" was Federal Constitution itself. There presently complicated by religious dif- was a rooted idea that if there were ficulties, and led in 1847 to the war of any disagreement between the majority the Sonderbund. Out of this sprang a of the people and their representatives new Switzerland, governed by the fed- were it only on a single point — it eral constitution of September 12, 1848, was the duty of the latter to resign. which gave the requisite cohesion to The regular mode of bringing about a the country by creating a strong central change of government in most of the authority armed with the necessary cantons, both at that time and even powers. Along with the sovereignty much later, was to demand the revision of the cantons, the sovereignty of the of the Constitution; though some canSwiss people was proclaimed; and tons had a special form of procedure these two principles found expression for the dismissal of the authorities pure in the two Chambers - the Conseil and simple. In this way the sovereign National, elected by popular suffrage; people displayed and emphasized their and the Conseil des Etats,, elected sovereignty. They endured, indeed, by cantonal suffrage. The democratic principle was further emphasized by a triple reference to the people, under the following conditions: (1) The cantonal constitutions, before they can receive the guarantee of the Confederation, must have been accepted by the people, and must be open to revision at

as yet, in the Confederation and in most of the cantons, the ordinary parliamentary system for purposes of legislation; but they thoroughly distrusted it, and were only anxious to find the means of replacing it by a direct democracy.

We shall see by what successive de

II.

any time upon the demand of an abso-velopments they attained their end. lute majority of the citizens; (2) The federal constitution itself, and any modification of it, can only come into IT was in German Switzerland that force by the suffrages of the majority the democratic movement took its rise of Swiss citizens taking part in the in its most accentuated form. It has vote, and the majority of the cantons; been justly observed that German (3) fifty thousand Swiss citizens may at Switzerland is the more democratic by any time require that the question of temperament, and Latin Switzerland revising the Federal Constitution shall the more socialistic. The canton of be submitted to the people, who in this Basle-rural was passing, in 1862 and case are alone consulted, no account the succeeding years, through a sinbeing taken of the cantons. If the gular political crisis. A former teacher, vote is affirmative, the Chambers must named Rolle, had succeeded in making be dissolved, and re-elected for the himself the chief of a party which purpose of the revision. Similarly, a aimed at the practical realization of the dissolution must take place if the two maxim, "Tout par le peuple." The Chambers disagree on the question of election of all functionaries by popular revision, and the people, who must vote; the compulsory referendum on then be appealed to, decide in favor of all measures whatsoever; the constant it. intervention of the people in the conduct of public affairs-such was the programme of the party; a programme which was for a time carried out to the letter, and led to incredible absurdities. The leaders of this extraordinary régime soon fell from power, but they

It will be seen from this that the regenerated Confederation was seeking to put an end to the causes which from 1815 to 1848 had led to repeated conflicts in the cantons between the people and their representatives. For this

left behind them lasting traces of their | work.

The example set by this great canton was naturally contagious. Thurgau

A few years later, in 1868, Zurich soon followed, then Berne, then Schaff

went through a somewhat similar hausen, and so on, till the movement crisis. This canton had hitherto pos- extended in due course to the Confedsessed a purely representative system; eration itself. As early as 1865 an but the people had become indifferent attempt had been made by the adto the conduct of public affairs, and the vanced Radicals to bring about a revipolls were ill attended. The result was sion of the Federal Constitution, for what it generally is under such circum- the purpose of extending the popular stances; abuses had crept little by rights; but the fifty thousand signalittle into the administration, and the tures were not forthcoming. A few more deeply rooted they became, the years later the Franco-German war less easy it was to find courage to demonstrated the necessity of a conattack them. Absorbed in their man- stitutional revision in order to increase ufactures, their merchandise, their the military powers of the Confederabanking and railway transactions, the tion. But the movement did not stop influential men had neglected the in- there. The unification of the laws of terests of the State. Such, at least, commerce and of certain matters of was the accusation brought against police (such as the regulation of labor them in a series of pamphlets full of in factories, woods and waters, hunting caustic wit, but virulent and outrage- and fishing, etc.) was imperative, on ous as if the writer's pen were pos- account of the inter-cantonal character sessed, by one Dr. Locher, a jurist by of this legislation. The democrats profession, who might be compared, would lend no hand to the extension in more respects than one, to Henri of federal powers without an accomRochefort. A brisk agitation followed panying extension of popular rights. the appearance of these pamphlets. A Here again great debates ensued beSocialist leader, Karl Bürkli, who had tween democrats and parliamentarians. hitherto preached to deaf ears on the Amongst all the various forms pronecessity of extending the rights of posed for the exercise of democratic the people, now sprang up again with rights the right of initiative, the his programme, and other politicians right of dismissal, the veto, the opespoused and popularized his ideas. tional referendum, the compulsory and The revision of the Constitution was general referendum, etc., a limited resolved upon. After some lively de- referendum carried the day. The Conbates between parliamentarians and stitution of the 19th of April, 1874, democrats, the compulsory referendum contained an article to the following was introduced, not only for constitutional changes (which is a matter of federal law), but for all laws and concordats, for all resolutions of general import which the Grand Council is not authorized to pass, and for matters which the Council itself may decide to lay before the people. The popular vote was taken twice a year, in spring It was urged, on the federalist side, and autumn. The right of initiative that the laws should not be taken as was also granted to this extent, that adopted unless the adhesion of a mathe elaboration, abrogation, or modifi-jority of the cantons were also obtained, cation of a legislative act must be sub- as in the case of the Federal Constitumitted to the decision of the people tion. But this proposal was rejected if one-third of the members of the Great Council, or five thousand citizens, should demand it.

effect:

"The Federal laws are subject to the adoption or rejection of the people, if the demand is made by thirty thousand active citizens, or by eight cantons. It is the same with federal resolutions of general import which are not of an urgent character."

on the ground that it would lead to frequent conflicts between the popular majority and the majority of cantons,

which might imperil the federative or- the text of the measures to be submit

ganization itself. It was illogical, no ted to him, together with a message doubt; but Swiss institutions are not explaining them, and a voting paper, based on inflexible logic they are on which he writes aye or no to each the product of a series of compro- of the proposed measures. On the day mises between historical deductions fixed for the ballot he goes and deposand modern ideas, and historical de- its his paper in the urn. In some ductions have often had to give way cantons the electoral assembly, meeting before present exigencies. And ex- at a fixed hour in each commune, may perience has shown that this is the re-discuss the measures proposed beonly way to maintain the national equi- fore proceeding to vote; but in general this discussion takes place through the press or in non-official public meetings.

librium.

Once introduced into the Federal Constitution, the referendum could not but succeed in the cantons which had hitherto rejected it. Fribourg is now the only canton which retains the purely representative form; and there, as elsewhere, the change can only be a matter of time.

At present, out of twenty-five cantonal units, the six already mentioned have the old democracy embodied in the Landsgemeinde; ten have the compulsory referendum (Zurich, Berne, Schwytz, Zug, Soleure, rural Basle, Schaffhausen, Grisons, Aargau, Thurgau); eight have the optional referendum (Lucerne, urban Basle, St. Gall, Ticino, Vaud, Valais, Neuchâtel, Geneva); and Fribourg alone does not permit the direct intervention of the people at all in matters of legislation.

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The optional referendum is an improved form of the old veto. It consists in the right of a certain number of citizens. the number varying according to the importance of the cantons to demand, within a given time, that such and such a measure shall be submitted to the people for adoption or rejection. If the term of delay is not utilized in the prescribed manner, the bill or resolution is held to be passed. If, on the other hand, the signatures to the demand attain the requisite number, the text of the controverted proposal is distributed to all the active citizens, who are summoned to vote on a given day. The optional referendum, being in its nature an act of opposition, generally provokes a pretty lively contest, first over the getting of the signatures, and still more over the votes themselves.

Let us see how the optional referendum works under the Federal Constitution. Every law or resolution of

Of these various forms, the only one which really corresponds to the idea of self-government, strictly so-called, is the Landsgemeinde; but this is only possible in cantons which muster not more than a few thousand electors. In general importance passed by the Glarus, which has some five or six Chambers is published in the official thousand, the last limit is reached so paper, which fixes a term of ninety far as the possibility of discussion is days from the day of publication for concerned; and in Appenzell (Ausser the exercise of the right of opposition. Rhoden), which numbers ten or twelve When the signatures have been colthousand active citizens, the Landsge-lected, they are transmitted to the meinde votes without discussion, as we Federal Chancellery, which verifies the have said.

The compulsory referendum may next be considered, as approaching the most nearly to the Landsgemeinde. By this system the people are called together once or twice in the year to ratify the principal acts of the legislature. Each citizen receives in advance

number and authentication of the signatures (the authentications are obtained without fee from the mayor in each commune) and reports to the Federal Council. The Council decides whether or not the demand is sufficient and the voting will take place, and fixes the day, which must be suffi

ciently distant for at least four weeks to pass between the time when the text of the opposed measure is in the hands of the citizens and the polling day. This time is utilized for public discussion. The law or resolution is held to be accepted if it obtains an absolute majority of the citizens taking part in the vote.

vision is not readily had recourse to, for fear of arousing the suspicions and recriminations of the people.

Again and again the question has been raised, whether the referendum should not be made compulsory in federal affairs. But practical reasons have always been against it. The compulsory referendum may work without inconvenience in a canton, where the population is comparatively homogeneous, the interests less opposed, and where there are fewer questions to deal

Federal Assembly has on the average three sessions a year, and each session disposes of some fifty or sixty subjects. Now, if only so much as one-tenth of these subjects has to be submitted to the referendum, it is easy to see what a burden must be laid upon the citizens, who are already required to pronounce upon numerous cantonal and communal affairs. In the city of Berne, for instance, we have had as many as twelve polling days in a year

elections included; and the day's voting would sometimes include half-adozen or more questions of different kinds. How is it possible, under these circumstances, for the "active citizen" to master all his subjects, and know exactly what he is doing? And how would it be if all the multiform and difficult questions which come before the Federal Assembly every session were added to the list?

There has been much dispute as to the relative value of the compulsory and the optional referendum. This question is intimately associated with another question: What are the mat- with than in the Confederation. The ters which have to be submitted to the referendum? The extreme democrats maintain that everything must spring from the popular vote; but experience dispels many illusions. Thus several cantonse.g., Berne and Aargausubmitted the budget of State receipts and expenditure. The people rejected it over and over again. It was then admitted that this was an exaggeration of the principle; and it was laid down that the budget, being a mere statement of the execution of laws already voted, must be regarded as a simple act of administration, for which the referendum was not required. The Confederation itself has been obliged to exclude from the referendum not only the budget, but the ratification of international treaties, where a rejection might place the country in an impossible position. It has also been found necessary to restrict the class of resolutions which are dependent on the The chief objection to the optional referendum to such as are of general referendum is that it plays too much import ―i.e., which involve permanent into the hands of the Opposition. In measures, imposing obligations of a order to obtain signatures, the Opposinew description on the Confederation tion has to create a sort of adverse or the cantons, or upon private per- current, which is afterwards very diffisons. Such are the encouragements cult to control. It is to this fact that held out to agriculture, to technical the defeats suffered by the Federal education, and so forth. Those resolu- Assembly on very advanced measures, tions, on the other hand, which refer and also on some very insignificant to such matters as public works, the ones, are mainly attributed. construction of buildings, the conservancy of rivers and the like, are treated as purely administrative, and not requiring the formality of popular sanction. Finally, it has been necessary to provide for the plea of urgency being admitted in certain cases; but this pro

Let us see whether this objection is borne out by the facts.

In the course of the twenty years ending with last December the Federal Assembly passed one hundred and eighty bills and resolutions of a general character; the referendum was

demanded for eighteen of these; and in the case of useful measures of a the people, when consulted, accepted non-party character would often have six and rejected twelve. Four of the led to their rejection, while the optwelve - a bill on composition for mil-tional referendum has for the most itary service, one on bank-notes, one part applied its veto to those subjects on epidemics, and a resolution on com- only which presented a good platform mercial travellers' licenses were to the Opposition, and which consecompletely recast and finally passed quently were keenly contested. without further opposition. For the rest, provisional measures were resorted to in the more urgent cases, and the administrative machinery was thus kept going, the difficulties of the ref-ence. Like the optional referendum, erendum notwithstanding.

As to the motives which decided the attitude of the people under these different circumstances, they may be summed up under two heads: either the points in question had been dealt with by the Federal Assembly in a manner which did not accord with the views of the opposing party, or else it was a simple manifestation of ill-humor at the general course of political affairs, or even an attempt to embarrass the central authority and foment a popular disturbance. In this last connection it cannot be denied that the optional referendum has here and there furnished a base of operations for the demagogue; but it may be affirmed that on the whole the Swiss people have used their new powers with moderation. The optional referendum has often hindered, but it has never destroyed; it is not within its scope to do so. It is an instrument of conservation, not of demolition. It acts as a restraint on the authorities; it obliges them to govern with caution; but it does not make government impossible, for it is not in its power to disorganize the State.

It may be said, however, in general, that the compulsory referendum also acts rather as a check on the government, and thus exercises a conservative influ

it is not necessarily hostile to progress, but its effect is to keep it within bounds and make it conformable to the views of the general body of citizens.

Be this as it may, under the influence of the referendum, optional or compulsory, a profound change has come over the spirit both of parliaments and people. The idea of employer and employed, of the sender and the sent, which lies at the root of the representative system, becomes an absolute reality. The people still choose their representatives to make the laws, but they reserve the right of sanction. When they reject a law, in virtue of this sovereign right, there is no entering on a state of conflict, for a conflict can only take place where the exercise of a right is met by a competing claim; and there is here no claim to compete. The craftsman carries out the work to his own satisfaction; the employer who gave the order is of a different opinion, and sends it back to be altered. It is perfectly simple; each has done his duty within the limits assigned him; there is no ground of quarrel. The legislator is not discredited; he is only in the position of I doubt whether, in federal affairs, a deputy whose bill is not passed. the compulsory referendum would give There is no question of resigning. If any better results. On the contrary, it here and there a measure is rejected, is to be feared that under such a sys- other measures are passed; there is tem more than one practical measure clearly no want of confidence. Moreaffecting some special locality or indus-over, after rejecting a law, it is quite try—such as those relating to watch-common to re-elect the same repremaking or the phylloxera — would have sentatives. Thus the new régime leaves failed to find grace with the majority, no room for either ministerial or parliawho would simply have seen no rea- mentary crises. The representatives. son for them. Under the compulsory of the people are elected for a comparreferendum the absence of opposition atively short term, generally three