The Rise of the Swiss Republic. A history

Introduction

. "THE study of federalism as a system of government has, in recent times, become a favorite subject for constitutional writers. At present the United States and the Dominion of Canada on this continent, the newly constituted Australian Commonwealth at the Antipodes, and in Europe the German Empire, the Austro- Hungarian Empire, and the Swiss Confederation are all examples of the application of the federal principle in its various phases. What makes all researches into this branch of political learning particularly difficult, and, perhaps, for that reason, also exceptionally fascinating, is the fact that federated states seem forever oscillating between the two extremes of complete centralization and decentral ization. The two forces, centripetal and centrifugal, seem to be always pulling against each other, and producing a new resultant which varies according to their proportionate intensity.

One is almost tempted to say that there must be an ideal state somewhere between these two extremes, some point of perfect balance, from which no nation can ever depart very far, without either falling apart into anarchy or being consolidated into despotism. Whatever, therefore, can throw a light upon these obscure forces is certainly entitled to our deepest interest. But not all representatives of federalism possess an equal value for us, in our search after improvements in the art of self-government. The study of the constitutions of the German and Austro- Hungarian Empires can only be of secondary importance to us Americans, because these states are founded upon monarchical prin ciples, quite foreign to our body politic. To a limited extent, the same objection may be made to the Canadian and Australian constitutions, since the connection of those countries with the monarchical mother-country has not been constitutionally severed. But there is

INTRODUCTION.

. VI another federated state in existence, until lately almost ignored by writers on political subjects, whose example can, in reality, be of the utmost service to us. The Swiss Confederation is as near as possible a counterpart in miniature of the United States. Prof. Albert Bushnell Hart, in his " Introduction to the Study of Federal Govern ment", declares with justice that, "Of all the confederations of his tory, Switzerland bears the closest resemblance in institutions to the United States."1 Within two years, by what seems like an extraordinary revival of interest, four books have appeared in English devoted to the eluci dation of Swiss political institutions, but the history of the country still awaits scholarly and scientific treatment. It is, in fact, the mis fortune of Swiss history, that although very little is popularly known about it, that little is almost invariably incorrect.

The subject has so long lain neglected in the literary garret that cobwebs have gath ered over it and obscured the truth. There is a widespread but vague idea that a regularly organized republic has existed in the Alps from time immemorial, under the name of Helvetia. Nothing could be more misleading — for, as a matter of fact, the territory now known as Switzerland had no separate political existence prior to the end of the thirteenth century, and its condition resembled that of Central Europe in general. The Swiss Confederation made its entry upon the historic stage in 1 29 1, when three small and obscure peasant communities, Uri, Schwiz, and Unterwalden, concluded a perpetual pact in order to defend themselves against the encroachments of the nobility in general, and of the family of Habsburg in particular.

As for the Celtic tribe of the Helvetii, who inhabited a part of the country when it is first mentioned by Roman writers, they had no more to do with founding the Swiss Confederation, than had the Indians in America to do with framing the Constitution of the United States. Around the three communities of Uri, Schwiz, and Unterwalden, as a nucleus, the Swiss Confederation grew, in course of time, by the adherence of other sovereign communities, until it reached its present proportion of twenty-two Cantons in 18 15. The very name of Switzerland was unknown before the fifteenth century, when, for the first time, the eight states which then composed the Confedera tion began to be called collectively "Die Schweiz", after the com- 1 Chap. IV., p. 62.

INTRODUCTION.

. VII munity of Schwiz, which was the most pronounced in its opposition to the pretensions of the German nobility. It was not until 1648, by the Peace of Westphalia, that the complete independence of the Swiss from the German Empire was established beyond question. There is another fact which must be borne in mind, namely, that Swiss self-government, in the opinion of the writer the most perfect yet devised by any free people, is Teutonic in character, like that of England and the United States. Although Switzerland is now a polyglot state, and her constitution expressly stipulates that Ger man, French and Italian shall all alike be considered national languages, the majority of the inhabitants are German-speaking, and it was from them that the original impulse toward independence made itself felt.

The other Romance-speaking Cantons were acquired by conquest, and were not admitted on a footing of equality until the beginning of the present century. It is, indeed, surprising to notice how that country, with whose name we are accustomed to associate some of our noblest concep tions of liberty, has run up the gamut of self-government, striking all the intervening notes between complete subjugation and unques tioned independence. The history of the Swiss Confederation presents for our inspection six centuries of growth from the very rudiments of liberty to its full flower in the present day. It furnishes a veritable catalogue of priceless precedents for our edification and guidance, and the indifference with which it has heretofore been viewed by English-speaking scholars is, therefore, inexcusable.

Of course, the prevailing neglect of this promising historical field is susceptible of certain explanations, which do not, however, con done the fault of the neglect itself. Switzerland is visited for the sake of its scenery ; for recreation, not for study. The Swiss people themselves do not, at first sight, invite interest, nor does the national character stimulate the imagin ation. Public affairs are managed with so much moderation and sobriety that the attention of the world at large is not attracted to them. The country is too small, and apparently insignificant, amid the great powers of Europe, to arouse the enthusiasm of the super ficial observer. And yet, how disproportionately large has been the share of Switzerland in the work of overthrowing the feudal system, of

INTRODUCTION.

. hastening the triumph of the common people over the privileged few, and turning great world-tendencies definitely toward democ racy ! How the victories of the peasantry at Morgarten and Sem pach, where the flower of Austrian chivalry was utterly defeated, lighted up the gloom which brooded over the serfs of the middle ages ! How Zwingli and Calvin strove to emancipate the human conscience from ecclesiastical tradition, and how such men as Lava ter, Rousseau, and Pestalozzi, each after his own fashion, laid the foundation for that great study of humanity which has distinguished our own century ! The issue constantly at stake, throughout the history of the Swiss Confederation, has been one of the noblest and the most persistent with which human nature has had to grapple — the question of self-government.

In these days Switzerland has become the stand ard-bearer in all reforms which make for direct democracy and pure politics. Her historical development ought, therefore, to be fully known and duly appreciated by American scholars. CONTENTS.

Book I. Switzerland Before The Founding Of The Confederation

CHAPTER. PAGE. I. The Lake Dwellers . . . . . . 13 II. Helvetia and the Roman Occupation ... 20 III. The Teutonic Ancestors of the Swiss . . 31 IV. The Supremacy of the Franks .... 38 V. Queen Bertha of Burgundy .... 49 VI. The House of Zaeringen . . . . . 55 VII. The House of Savoy . . . . . . 59 VIII. The House of Habsburg ..... 62

Book II. The Confederation Of Eight States

I. The Origin of the Swiss Confederation . . 69 II. Uri ■ . . . . 73 III. Schwiz . 78 IV. Unterwalden 83 V. The First Perpetual League .... 85 VI. The Legend of William Tell .... 92 VII. Other Legends 105 VIII. The Origin of the Swiss Confederation and of the United States Compared . . . .111 IX. The Confederates against Habsburg-Austria . 116 X. The Battle of Morgarten 123 XL Luzern 129 XII. Zurich 136 XIIL Glarus and Zug 147 XIV. Bern 154 XV. Invasion of the Gugler and Feud with Kiburg . 162 XVI. The Battle of Sempach . . . . . 167 XVII. The Battle of Nafels 177 XVIII. Constitutional Organization of the Confederation of Eight States CONTENTS. X

Book III The Confederation At The Height Of Its Military Power

CHAPTER. PAGE. I. Appenzell and St. Gallen . . . . 193 II. The Valais and Graubiinden .... 202 III. The Conquest of Val Leventina and Aargau . 208 IV. The First Civil War 213 V. The War with Charles of Burgundy . . 219 VI. The Covenant of Stans 232 VII. The War against the Empire . . . . 236 VIII. Switzerland and the Balance of Power in Europe 239 IX. The Thirteen Swiss States and the Thirteen American Colonies . . . . . . 243

Book IV. The Period Of The Reformation

I. The Rise of the Reformation in Switzerland . 251 II. Zwingli in Zurich ...... 259 III. The Growth of the Reformation . . . 264 IV. Calvin in Geneva . . . . . . 271 V. Decay of National Life . . . . . 278 VI. The Growth of Aristocracy and the Peasants' War 281

Book V. The Modern Confederation

I. Signs of National Regeneration . . . 289 II. The Helvetic Revolution ..... 295 III. The Helvetic Republic ..... 300 IV. Switzerland the Battle-field of Europe . . . 308 V. Napoleon's Act of Mediation . . . . 313 VI. The Period of Reactionary Restoration . . 319 VII. Democratic Reforms in the Cantons . . 325 VIII. The War of the Sonderbund and the Constitution of 1848 33* IX. Recent Constitutional Changes in the Cantons . 338 X. The Constitutions of the Swiss Confederation and of the United States Compared . . . 346 XL The Neutrality of Switzerland .... 354 XII. Appendix .......

Chapter I. The Lake Dwellers

THE earliest traces of man's existence which have been found in the territory covered by modern Switzerland, are represented by some fragments of basket-work, imbedded in a lignite formation at Wetzikon near Zurich. Geologists recognize two glacial eras as having passed over the country, and this lignite is the vegetation, now carbonized, which sprang up after the retreat of the first ice and before the advance of the second, so that the presence of man in these regions has been established during a period, the antiquity of which can only be estimated by geological formulas. Man's next appearance dates from the time when the second glacial era was on the wane, and the outskirts of the country were already free from ice. Traces of a primitive people, known to antiquarians as Troglodytes, have been discovered in a few isolated caves, at the foot of the Saleve near Geneva, at Villeneuve, and notably at Thayngen near Schaffhausen.

At this last place a cave has been exhaustively examined, and has amply rewarded the pains expended upon it, for besides a mass of flint and bone implements, the searchers came upon a bone fragment upon which the image of a reindeer was engraved. The drawing is so good, that there was some excuse for the incredulity with which its appearance was popularly received. Amongst the contemporary fauna may be mentioned the mammoth-,- -thejsoolfy haired rhinoceros, two species of wild bull, the elk, the cave bear, and the hyæna, besides a number of animals still existing in Switzerland. These Troglodytes knew the use of fire, but not that of metals. As for their origin and subsequent fate, both are absolutely unknown ; there is little doubt, however, that they belonged to the same race which has left similar traces over the whole of Western Europe.

After an interval of many centuries, during which the cli mate changed to something like its present condition, and the animals enumerated above, vanished or emigrated, the so-called Lake Dwellers made their appearance. Probably the transi tion from Cave Dwellers to Lake Dwellers came about through a complete change of race, for even the earliest lake dwellings bear evidence that their inhabitants were many degrees in advance of their predecessors in everything that constitutes civilization. The discovery of these lake dwellings in Switzerland ranks amongst the most notable achievements of modern antiquarian science. From time to time during the first part of this cen tury, and even earlier, ancient wooden stakes and stone imple ments of finished workmanship had been noticed along the shores of the lakes of Zurich and Constance.

They were objects of wonder for awhile, but were soon forgotten. Finally during the severe winter of 1853-54 a peculiar circum stance forced the whole subject upon public attention. In that year the lakes and rivers of Switzerland were unusually low, and the receding waters left great stretches of bottom-land exposed to view. The inhabitants of Obermeilen, a village on the lake of Zurich, profiting by this rare opportunity, set to work reclaiming as much as possible of the uncovered ground for gardens and quays. In the course of their labors they came upon piles driven deep into the soil, and presenting every appearance of great age, while scattered about in the immediate vicinity lay stags' horns and stone utensils. Fortu nately the village school-master, Herr Aeppli was sufficiently impressed by these finds to notify the Antiquarian Association THE LAKE DWELLERS. 15 of Zurich, and so it was that Dr. Ferdinand Keller, the Presi dent of that society, repaired to Obermeilen, and having examined the remains, announced the discovery of prehistoric lake dwellings.

As compared with some of the great tourist show-places of Switzerland, the lake of Zurich cannot perhaps claim to possess exceptional beauty of scenery. It has neither the roman tic loveliness of the lake of Luzern, enhanced as that is by historical and legendary traditions, nor the wealth of color and the majestic sweep of Lake Leman, but the discovery of the first lake dwellings upon its shores has secured it an imperish able name in the annals of science. By searching the shores of other lakes in Switzerland, similar remains were found in great quantities, grouped in stations or villages, the number of which has now grown to more than two hundred. Usually, however, the most important discoveries were made by acci dent, like that of Obermeilen, when dredging operations were in progress or piers were being built in the water.

Some years ago the Swiss government inaugurated a great engineer ing enterprise, known as the "Correction des Eaux du Jura" which was designed to drain a district of marshland lying between the lakes of Neuchatel, Bienne, and Morat, and marked upon the map as the " Grosse Moos." This undertaking is now practically complete, and the level of the three lakes has been lowered some six or eight feet, unexpectedly revealing the existence of numerous lake dwelling villages along the shores, which had heretofore been hidden under water. In the same way interesting finds were made at Zurich when the beautiful new promenades were being built along the lake front. These discoveries in Switzerland stimulated antiquarian researches in other parts of Europe, so that traces of lake dwellings have been found throughout an area extending from the British Isles to the great rivers of the Black Sea, and from Scandinavia to Northern Italy.

Besides the typical lake dwellings such as are found in Switzerland, there are other varieties : The crannogs of Ireland and Scotland, the terp-mounds of Holland, and the palafi ties and terramare of Italy, all bear ing witness to the extent to which this curious manner of building obtained at one period of man's development. The only references to these lake dwellings which have come down to us in literature are contained in two passing notices of Herodotus and Hippocrates. Says Herodotus : "And they likewise who inhabited Lake Prasias [near the mouth of the Struma in Macedonia] were not conquered by Megabazus. He sought indeed to subdue the dwellers upon the lake but could not effect his purpose. Their manner of living is the following: Platforms supported upon tall piles stand in the middle of the lake, which are approached from the land by a single narrow bridge. . . .

Each has his own hut, wherein he dwells, upon one of the platforms, and each has also a trapdoor giving access to the lake beneath ; and their wont is to tie their baby children by the foot with a string to save them from rolling into the water."1 Hippocrates' account is confined to a few lines and refers to settlements along the river Phasis, to the east of the Black Sea.2 Fortunately, however, for the cause of science the deposits, which had gathered under the dwellings in the course of centuries, have been preserved for the inspection of antiquarians by the mud in which they were imbedded. It has, therefore, been possible to examine these layers or Kulturschichten, as the Germans so aptly call them, and to reconstruct a certain amount of the history of these ancient Lake Dwellers. The writer does not intend to present a complete and finished picture of this early civilization, especially as the whole subject has recently been exhaustively treated by an archeolo gist of note, Mr. Robert Munro, in " The Lake Dwellings of Europe."

But for the sake of those who do not care to enter so deeply into the matter, let me sum up the principal discov- 1 History. Book V, 16. 2De Aeribus THE LAKE DWELLERS. 17 eries which have been made, and the theories to which they have given rise. Taking all the settlements together, they have demonstrated in a very striking manner the correctness of the classification of prehistoric remains into the great periods of stone, bronze and iron, which antiquarians had made before the discovery of lake dwellings. There are stations where only stone and bone implements have been found, and no vestige of metal appears ; others in which copper and bronze utensils begin to show themselves in small quantities ; others again where bronze pre dominates and faint traces of iron are to be seen, and finally there is one settlement at least, La Tene, in which iron reigns supreme.

Some stations even passed through several success ive stages, but in general those situated in the eastern part of Switzerland did not long survive the first appearance of metal, while those of the western part continued through the bronze and into the dawn of the iron ages. Amongst the chief articles found in the deposits under the dwellings, the following will give an idea of the truly astonish ing advance in civilization which this, mysterious race had made. There are hearth-stones, corn-crushers, spindle-whorls, sick les, scissors, needles, harpoons, fish-hooks, crucibles, axes of various descriptions, flint-saws, arrow-heads, lance-heads, clubs, daggers and swords ; parts of a chariot, of horse-bits and bri dles, a wooden yoke, a canoe, basket-work and a bow of yew wood ; for personal adornment there are bracelets, arm-bands, rings, hair-pins, beads of amber, glass and gold, combs of wood and bronze, and girdles ; specimens of woven cloth, of fish-nets, mats, thread, ropes, even of embroideries and checked muslin.

As for examples of pottery, they are of all kinds and of all degrees of fineness, but it is noteworthy that while the Troglo dytes decorated their implements with images of real objects, as for instance of a reindeer, the Lake Dwellers drew only imag inary designs, such as geometrical patterns and arabesques. A few rude plastic images of animals have been discovered, but no drawings of them. Owing to the fact that most of the lake dwellings were burned down, a number of perishable arti cles were carbonized and thus preserved for inspection much in the same way as similar remains excavated at Pompeii. In this manner antiquarians have been able to identify samples of wheat, oats, millet, flax, poppy, etc., as well as apples, hazelnuts, plums, strawberries, raspberries, peas, lentils and other vegeta ble substances ; they have also found the bones of horses, cattle, sheep, goats, pigs, dogs and cats, and of bears, deer, beaver, swans, geese and various species of fish.

For a long time there was a great deal of speculation about the appearance of the lake dwellings, until the fortunate dis covery of a hut at Schiissenried in Wurttemberg in a very fair state of preservation, threw light upon the subject. It is a rectangular wooden structure, measuring some ten by seven meters, divided into two rooms, one of which only had a door giving access to the exterior. In the first and smaller room were discovered the remains of a stone hearth ; the flooring was made of round logs laid side by side, while the walls were con structed of split logs. During the stone age the platforms upon which these huts rested were considerably smaller and nearer the land than in the succeeding ages. Narrow bridges connected the platforms with the land, and ladders led clown to the water's surface.

Of human remains there is not a very large collection, but the few skulls and skeletons found in the cemeteries or in the deposits, reveal that the race of the Lake Dwellers was proba bly smaller than our own, although well formed, and in no sense inferior to us in anatomical structure. Many questions naturally arise in regard to the origin and fate of this curious people, which cannot be answered with absolute certainty. There is still room for endless speculation. Dr. Ferdinand Keller was of the opinion that the remnants he examined at Obermeilen were of Celtic origin, but his theory has not been confirmed by subsequent discoveries. It is now generally conceded that the earliest Lake Dwellers at all events, THE LAKE DWELLERS. 19 belonged to a more primitive race. Mr. Robert Munro states it as his conclusion that the original founders of the settle ments were immigrants who penetrated into Europe from the East during the neolithic period.

He thinks that they spread from the regions surrounding the Black Sea and the shores of the Mediterranean, up the Danube and its tributaries into Styria, into the valley of the Po, and to the Swiss lakes, and that the Scotch and Irish crannogs with analogous remains in other countries are cases of the system cropping up in out-of the-way corners after the great lake dwelling centres had already collapsed. Although it is impossible to fix upon pre cise dates for this lake dwelling era, the approximate age of the earliest settlements has been computed as perhaps 2000 or 3000 B. C. and the latest as 800 or 1000 B. C. No very definite explanation has yet been given of the rea son why these people invariably built their homes over the water. Some writers ascribe this practice to a desire for pro tection ; others to the primeval forests which covered the available land, or to the facilities for communication and for fishing.

Personally I am inclined to think that it was a racial custom which they brought with them from their homes in the swamps of Asia, and which had become a fixed tradition amongst them. As for the subsequent history of the Lake Dwellers, it is shrouded in complete mystery, for when we next hear of the territory occupied by modern Switzerland, it is described as inhabited by Celts, living in towns and villages on the land. This strange race, therefore, returns to the darkness from which the discoveries of Obermeilen momentarily caused it to emerge.

Chapter II. Helvetia And The Roman Occupation

A GREAT historical gap exists between the time when the lake dwellings ceased to be inhabited and the period in which the country is first mentioned in literature. The earliest written information is derived from Latin authors who described the country as it appeared in the century which preceded the birth of Christ, and who had either themselves come into contact with the land and people, or had noted down what they had heard from others. They represent the country as inhabited almost exclusively by Celts, grouped into three nations or Confederations, and six independent tribes, overlapping on all sides into territory not now comprised by Switzerland, so that the picture they offer is not that of a political unit by any means, but rather a conglomeration of numerous hostile states. Of the six independent tribes, the Allobroges occupied Savoy and the region around Geneva; the Sequani dwelt in the Jura and a part of the Franche Comte; the Raurici in Southern Elsass and the region around Basel ; the Viberi and Lepontii, of Ligurian origin, in the Upper Valais and Ticino; and the Vindelici upon the shores of Lake Constance and in the adjacent districts.

As these tribes do not play a significant part in history, they may with safety be set aside. Of the three nations, that of the Raeti, containing Etruscan ele ments, was in possession of the modern Canton of Grisons and the neighboring Tyrol ; the Gaesatae consisted of three small but warlike tribes in the lower Valais ; and the Helvetii,. HELVETIA AND THE ROMaAN OCCUPATION. 21 the most powerful of all, held all the rest of the territory between the lakes of Geneva and Constance on the one hand, and the Alps and the Jura on the other. These Helvetii had already made an appearance in history "before they became inhabitants of Swiss territory, while the main body of the nation still dwelt in the regions between the Main and the Rhine. Two of their clans, the Tigorini and Tougenes, had joined the Cimbri and Teutones, when the latter swept into Gaul in the second century before Christ on their way to Italy, and under an enthusiastic chief, Divico, had inflicted a disastrous blow upon a Roman army at Agen on the Garonne, forcing the surviving enemy to submit to the shame of passing under the yoke.

It was probably soon after this invasion of the Cimbri and Teutones that the Helvetii crossed the Rhine into what was destined to become Swiss territory, being no longer able to withstand the pressure of the German tribes at their back. But they had not been long in their new habitations when a combination of unfavorable circumstances induced them to hazard another expedition into Gaul. The story of this unsuc cessful migration is told by Julius Cæsar in his Commentaries on the Gallic War1 ; it is much to be regretted that no information whatever has come down to us from the Helvetian side, as Cæsar's account, however great his desire to be impartial, could not fail to be incomplete, if not actually prejudiced. Let me simply recapitulate the principal incidents. Being continually at war with the Germans, and unable to extend their raids into neighboring countries, as was their wont, on account of the great natural barriers which enclosed them, the Helvetii were easily persuaded by an ambitious noble man in their midst, a certain Orgetorix, to emigrate into fer tile Gaul.

Although their leader died before they could complete their preparations, they were not deterred from their purpose, and after entering into friendly compacts with neigh boring tribes, providing themselves with food for the journey, 1Book I, Chap. 1-19. and burning their twelve towns and four hundred villages behind them, they gave the rendezvous to all the clansmen at Geneva for the 28th of March, B. C. 58. But here an unexpected obstacle presented itself; the way was barred by Julius Cæsar, just entering upon his great career of conquest in Gaul. His motive for thus arresting the progress of the Helvetii was a well-founded apprehension lest they might extend their dep redations into the Roman Province, and the much-dreaded Ger mans, moving into the land thus left vacant, might reach the frontier of the Roman possessions.

After deluding them by repeated negotiations, until he had intrenched himself and collected reinforcements, Cæsar finally refused point blank to let them pass at all. Outwitted by these tactics the Helvetii made some fruitless efforts to force a passage across the Rhone, and then turned aside to reach Gaul by the modern Pas de l'Ecluse. In the meantime Cæsar hurried back to Italy, collected five legions, and returned in time to catch the slow moving train of the Helvetii, just as they were crossing the river Soane. Here he managed to inflict a severe blow upon the clan of the Tigorini, commanded by their old chieftain Divico, and following closely, at length engaged the whole force in a decisive battle at Bibracte, the modern Autun in Burgundy. His well disciplined legions and superior generalship triumphed over the bravery of the desperate Helvetii, but only after a struggle which lasted from about one o'clock till sunset.

As a last resort the Helvetii had built a fort out of their ox-carts, within which they sold their lives as dearly as possible, per forming prodigies of valor to the last. According to writings which were found in the camp of the conquered, the whole number of men, women, and children of the Helvetii and their allies was 368,00x3 souls at the beginning of the ill-fated expedition, but Cæsar counted only 1 10,000, which he sent back that they might rebuild their former homes before the German tribes should advance into the vacant territory. This is the naked outline of a movement which is not devoid of a certain epic grandeur and gloom, and is eminently suited HELVETIA AND THE ROaMaAN OCCUPATION. 23 for poetic treatment at the hands of some one who could appre ciate the barbaric pathos of the theme.