« ПредишнаНапред »
in quality of mediator, without any The free circulation of victuals, other view than that of the happi- cattle, and merchandise, is guaness of the people on whose in- ranteed. No right of grant, entry, .terests we have to pronounce, and passage, or custom-house duty, without prejudice to the indepen- may be established in the interior dence of Switzerland, decree as fol. of Switzerland. The custom-house lows:
duties on the frontiers are for the [Here follow the particular con- benefit of the cantons next to the stitutions of the nineteen cantons, frontiers, but the tariffs must be which occupy nineteen chapters. submitted to the approbation of the Then comes chapter XX., entitled diet. Federal Act.]
VI. Each canton preserves the
tolls destined for the reparation of TITLE 1.-GENERAL DISPOSITIONS.
roads, drains, and canals. The Art. I. The nineteen cantons of tariffs must be also submitted to Switzerland, to wit: Appenzell, the approbation of the diet. Argovia, Basle, Berne, Fribourg, VII. Moneys coined in SwitzerGlaris, Grisons, Lucerne, Saint land shall bear a uniform stamp, Gall, Schaffouse, Schwitz, Soleure, which shall be determined by the Tessin, Turgovia, Underwald, Uri, diet. Vaud, Zug, and Zurich, are con VIII. No canton can afford an federated with each other conform- asylum to a criminal legally conably to the principles established in demned, nor to an outlaw legally their respective constitutions. They pursued. mutually guarantee their constitu IX. The number of hired troops tion, territory, liberty, and inde- which a canton may entertain, is pendence, whether against foreign restricted to 200 men. powers, or the usurpation of a can X. Every alliance of one canton, or a private faction.
ton with another, or with a foreign II. The quotas' of troops, or
power, is forbidden. money, which may be necessary XI. The government, or the lefor the execution of this guarantee, gislative body of any canton, which shall be furnished by each canton, violates a decree of the diet, may in the following proportion. be denounced, as in rebellion, be
[Here follows the quota for each fore a tribunal, composed of the canton, in men and money.] presidents of all the criminal tri
III. There no longer exist in bunals of all the other cantons. Switzerland any feuds, privileges XII. The cantons enjoy all the of places, birth, persons, or families. powers which have not been ex
IV. Every citizen may pursue pressly delegated to the federal his inclination in removing his authority. household to another canton, and exercising his trade without re
THE DIRECTORIAL straint: he acquires political rights conformably to the law of the can XIII. The diet assembles by ton in which he is established; but turns, and from one year to anohe cannot enjoy at once the politic ther, at Fribourg, Berne, Soleure, cal rights of two cantons.
Basle, Zurich, and Lucerne. V. The ancient rights of interior XIV. The cantons of which and exterior impost are abolished. those places are the capitals, are to
be successively directorial cantons : cumstances, names conciliatory arthe year of the directorship com- biters, or adjourns the discussion mences from the 1st January. to the next diet.
XV. The directorial canton fur XXII. He warns the cantons nishes the deputies to the diet with that, if their interior conduct dislodging, and a guard of honour; turbs the tranquillity of Switzerit provides the expenses of the sit- land, or if any irregularity or diftings.
ference takes place among them, XVI. The intendant or burgo- whether as to the federal act or master of the directorial canton, their particular constitution, he adds to his title that of landam- may then assemble the grand coun.. man of Switzerland; he is keeper cil, or lands gemeindes, in places of the seal of the Helvetic republic; where the supreme authority is imhe must not quit the city. The mediately exercised by the peogrand council of his canton grants ple. him extraordinary honours, and XXIII. The landamman sends, defrays the extraordinary expenses occasionally, inspectors to examine attached to this magistracy.
roads and rivers. On those occaXVII. Foreign ministers give in sions he expedites labour; and, in to the landamman of Switzerland case of necessity, he puts in immetheir letters of credence, or recal, diate execution, and at the expense and address to him for negotia- of those who ought to finish them, cions. He is the intermediate per- those which are not begun or finishson betwixt the other diplomatic ed at the time prescribed. relations.'
XXIV. His signature gives creXVIII. At the opening of the dit, and a national stamp, to the diets he produces the documents acts to which it is subscribed. which are in his hand, respecting the interior and exterior affairs which concern the federation. XXV. Every canton shall send XIX. No canton, within itself, a deputy to the diet, to which
may can enrol more than 500 militia, be added one or two counsellors to without previous notice to the lan- replace him in case of absence or damman.
sickness. XX. In case of revolt in the XXVI. The deputies to the diet interior of a canton, or any other have instructions and limited powpressing occasion, troops are to ers, and they are not to vote conmarch from one canton to another; trary to their instructions. but only on demand of the first or XXVII. . The landamman of second council of the canton which Switzerland is of right deputy of demands aid, and after having the director of the canton. taken the advice of the second coun XXVIII. The nineteen depucil of the directorial canton ; saving ties who compose the diet, form a convocation of the diet after the twenty-fivevotesin the deliberations. repression of hostilities, or if dan The deputies of the cantons ger continues.
whose population is more than XXI. If, during the vacancies 100,000 inhabitants; namely, those of the diet, disputes arise between of Berne, Zurich, Vaud, St. Gall, two or more cantons, they are to be Argovia, and Grisons, have each addressed to the landamman ; who, two votes. according to the pressure of cir The deputies of the cantons
(L 3) whose
TITLE III.-OF THE DIET.
whose population is under 100,000 necessary measures for the safety souls ; namely, Tessin, De Lu- of Switzerland, and the execution cerne, Thurgovia, Fribourg, Ap- of the other dispositions of the Ist penzell, Scleure, Basle, Schritz, article. It has the same right if Glaris, Schaffouse, Underwald, disturbances arise in one canton, Zug, and Uri; have each but, one and menace the repose of the vote.
others. XXIX. The diet, over which XXXV. It shall nominate, and the landamman of Switzerland send, extraordinary ambassadors. presides, shall assemble the. first XXXVI. It decides on the disMonday in June, and its session putes which happen between the shall not exceed the term of one cantons, if they have not been demonth.
termined by arbitration. For this XXX. There shall be extraordic purpose it is formed into a syndi.
cate, at the end of its ordinary la1, On the demand of a neigh. bours: but then each deputy hath bouring power, or of one of the a voice, and no instructions can be cantors, conveyed by the grand given to him in this respect. council of the director of the can XXXVII. The proces verbaur of ton, which is convoked to that ef- the diet are entered into two regisfect, should it be during a period of tries, one of which remains with vacation.
the directorial canton; and the 2. Upon the recommendation other, with the state seal, is, at the of the grand council, or of the end of December, transported to lands gemeindes of five cantons, who the capital of the directorial canmay deem as well founded a de. ton. mand which the director of the XXXVIII. A chancellor, and a canton has refused to admit.
secretary, named by the diet for 3. When they shall be convoked two years, and paid by the direcby the landamman of Switzer- torial canton, conformably to the land.
regulations of the diet, follow al. XXXI. The declarations of war, ways the seal and the register. and the treaties of peace or alli XXXIX.' The constitution of ance, shall proceed from the diet, each canton, written on parchment, but the consent of three-fourths of and sealed with the seal of the canthe cantons is necessary.
ton, shall be deposited among the XXXII. It shall alone conclude archives of the diet. treaties of commerce and capitula XL. The present federal act, as tions for foreign service. It may well as the particular constitutions authorise the cantons, if necessary, of the nineteen cantons, annul all to treat particularly on other sub- former dispositions which are conjects with a foreign power. trary to them; and any law, as to
XXXIII.' There shall be no re. what concerns the interior regucruiting in any canton, for a foc lation of the cantons, and their reign power, without consent. connexion with each other, cannot
XXXIV. The diet shall order be founded on the old polìtical state the contingent of troops, deter- of Switzerland. mined for each canton, for the The repose of Switzerland, the IInd article. It shall nominate success of the new institutions the general who is to command which are about to be formed, de them; and it shall also take the mand that the necessary operations
to give them success eventually, the assembly, the prefect shall send and transmit to new magistracies to the commission the papers of the the care of the public weal, be administration. guaranteed from the influence of IX. In cases which may require passions, exempt from every thing instructions, or special authorities, which might put them at variance, commissions shall be addressed to and executed with moderation, im- the landamman. partiality, and wisdom. A suitable X. The 15th of April the consti. beginning cannot be expected, but tution shall be in activity; by the from commissaries named by the 1st of June every canton shall have very act of mediation, and ani- named its deputies to the diet, and mated by the same spirit which digested its instructions; and the has dictated it.
first Monday in July, of the present For these considerations,
year, the diet shall assemble. We, in our aforesaid quality, and XI. The business depending on with the before-mentioned reserve, the supreme tribunal, shall be turned decree as follows;
over to the tribunal of appeal of Art. I. For the year 1803, the the canton to which the parties directorial canton is Fribourg, belong The supreme - tribunals
II. Citizen Louis d'Affry is lan. shall cease all functions on the damman of Switzerland for this 10th of March, year, and clothed with extraordi. XII. The Helvetic troops now nary powers till the re-union of the in Swiss pay, which shall not be diet.
employed to the 1st of May by the III. The original act of medic cantons, shall be taken into the ation shall be sent to the landam- service of France. man, to be by him deposited in the XIII. No prosecutions can take archives of the directorial canton. place for crimes relating to the
IV. In each canton, a commis- revolution, committed, or pretended sion of seven members, (one of to be cominitted, whether by private whom to be named by us, and six persons, or those exercising a public designated by the ten deputies function. named to confer with us) is charged The dissolution of the central to carry the constitution into effect, government, and the reintegration and administer accordingly. of sovereignty in the cantons, re
V. These committees are com- quiring a provision for discharging posed as follows:
the debts of Helvetia, and the dis[Here follow the names of the posal of the property declared persons composing these commit- national, Fees in the several cantons.]
We, in our aforesaid quality, and VI. The 10th of March next, with the reserve before mentioned, the central government shall dis- decree as follows: solve itself, after having remitted [Here follow nine articles of a de: its papers and archives to the lan cree for that purpose; after which it damman.
declares, that:] the present act, the VII. Each commission shall as- result of long conferences between semble on the 10th of March, at the wise and well-disposed minds, apcapital of the canton, and shall no. pears to us to contain the properest rify its assembly to the prefect. dispositions to assure the pacificile YļII, Twenty-four hours after tion and the happiness of the Swiss..
As soon as they shall have been ex.' to be granted to the House of ecuted, the French troops shall be Austria, in the Empire. The withdrawn.
following is the Substance of the We acknowledge Helvetia, con Articles : stituted according to the present act, as an independent power.
Art. I. Towards the increase of We guarantee the federal consti- the indemnity stipulated in favour tution, and that of each canton, of the duke of Modena, and his against the enemies of the tran- heirs, his imperial majesty cedes quillity of Helvetia, whoever they the bailliwick of Ortenau, in Suabe; and we promise to continue the bia, with all its appurtenances, in relations of amity which, during order that it may be united to the several ages, have united the two Brisgau; and that these two provinnations.
ces may be possessed, without any Done and executed at Paris, the limitation whatsoever, by his said
Soth Pluviose, an. 11. (Feb. 19, highness the duke of Modena, and 1803.)
his heirs, conformably to the fourth (Signed) BONAPARTE. article of the treaty of Luneville. The Secretary of State,
II. In order to indemnify his (Signed) H. B. Maret. imperial majesty for the loss of The Minister of Foreign Rela- Ortenau, the bishoprics of Trente tions,
and Brixen are to be secularised; (Signed) C. M. TALLEYRAND. and his imperial majesty shall enter The Minister of Exterior Rela- into the possession thereof without tions of the Helvetic Republic, any exception whatever, and with
(Signed) J. MARESCALCHI. the condition only of providing an The present act has been remitted annuity for the present bishops. by the senatorial commissaries un III. The grand duke is to have dersigned, to the ten undersigned the bishopric of Eichstadt, in addiSwiss deputies, at Paris, this 30th tion to what has already been adPluviose, an. 11. (19 Feb. 1803.) judged to him by the general con
(Signed) (Signed) clusum of the 23d of November, BARTHELEMY, Louis D'AFFRY, and all the rights and prerogatives REDERER,
PIERRE Glutz, attached to it, with the exception FOUCHE, EMMANUEL Javch, only of the bailliwicks of Sendsee, DEMEUNIER. H. MONNOT, Wernfels, Spelt, Oberberg, HernREINHART,
berg, and Warbourg, and of the SPRECHER BER dependencies of the above bishopric NEGG,
which are connected with the terP. A, STAPFER, ritory of Anspach and Bayreuth ; PAUL USTERY, in lieu of which the grand duke is R. DE WATTEVILLE to receive an equivalent in money,
DE MONTBENAY, to be taken from the domains of his IG. Von Flue. electoral highness Bavaro-Palatine
IV. With the reserve of the GERMANY.
above-mentioned stipulations, his
imperial majesty binds himself to Convention concluded at Paris respecte exert his influence to get the geneing the Amount of the Indemnities ral plan of the indemnities, as set