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Foreign News
May 11, 1803
The National Intelligencer And Washington Advertiser
Washington, District Of Columbia
What is this article about?
Excerpt from the Swiss Federal Act of 1803 under the Act of Mediation, abolishing nobility and privileges, establishing federal structures including the Diet, Directorial Canton, and provisions for commerce, military, and diplomacy in the Helvetic Republic.
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Art. I. As soon as the Cantons have ratified this act, there shall exist no longer in Switzerland any nobility, or any privileges or peculiarities of civil estate, either national, hereditary, military, personal, or appertaining to families.
2. Every Swiss citizen shall have the liberty of removing his residence from one Canton to another, and freely to exercise his industry in any. It is permitted him to acquire political rights in whatever Canton he shall establish himself. But he shall not enjoy, at the same time, political rights in more than one Canton.
3. The ancient laws of commerce, external or internal, are abolished. The free exchange and circulation of commodities, cattle, merchandise, &c. are guaranteed. All exclusive commercial privileges are abolished in the interior of Switzerland. The customs, &c. payable on the frontiers, in going to the adjacent Canton, but the rates and proportions thereof, shall be submitted for the approbation of the Diet.
4. Each Canton shall reserve to itself the tolls deemed for the repairs of the roads, keeping in order the banks of the rivers, bridges, &c. but the rates of these, as in the foregoing instance, be left to the discretion of the Diet.
5. The monies coined in Switzerland shall be of a uniform description, which is all to be determined by the Diet.
6. No Canton shall afford asylum to a criminal legally convicted, nor even to one illegally accused.
7. The number of stipendiary troops to be supported in any one Canton, shall not exceed two hundred.
8. All partial alliances of one Canton with another, or with any foreign power is interdicted.
9. The government, or the legislative body of any Canton which shall violate a decree of the Diet, is liable to be cited as rebellious, before a tribunal composed of the Presidents of the Criminal Tribunals of all the other Cantons.
10. The Cantons shall possess all those powers which are not expressly delegated to the federal authority.
OF THE DIRECTORIAL CANTON.
11. The Diet is to assemble by rotation and at annual periods, at Fribourg, Berne, Soleure, Zurich, and Lucerne.
12. The Cantons of which the above cities are the chief places, shall, in succession, become the federal Canton: the year for those purposes commences on the 1st of January.
13. The directorial Canton shall provide suitable residence, and a guard of honor for the deputies; it also supplies the expenses of the Diet.
14. The Avoyer or Burgomaster of the directorial canton, shall unite to those titles that of Landamman of Switzerland. He shall have custody of the seal of the Helvetic republic. He cannot absent himself from the city. The supreme council of his Canton shall accord to him an appropriate establishment, and shall defray the extraordinary expense of his official functions.
15. The foreign ministers are to present to the Landamman, their letters of credence or of recall; and must apply to him on all matters of negotiation. He has also in charge the other diplomatic concerns.
16. At the opening of the Diets, he is to communicate to them the necessary information respecting the domestic and foreign concerns of the republic.
17. No canton shall be allowed to call out or put in motion more than 800 militia, until it shall have apprised the Landamman of Switzerland of such an intention.
18. In case of a revolt in the interior of any Canton, or on any other pressing occasion, the troops of one canton may march into another canton: but this shall take place only on the requisition of the supreme or petty council of the canton, which wants such assistance; and after taking the advice of the petty council of the directorial canton, the Diet, however, is to be convoked after the cessation of hostilities, or if the danger continues.
19. If, during the vacations of the diet, any disagreement should arise between any two or more Cantons, they are to address themselves to the Landamman of Switzerland, who, according to circumstances, shall appoint conciliatory Arbiters, or refer the case to the consideration of the diet on its next sitting.
20. He is to make known to the Cantons, every instance in which he deems their conduct likely to interrupt the tranquillity of Switzerland, and every thing which takes place of an irregular nature, and violating against either the federal act, or their particular constitution. He may, in some cases, convoke the supreme Council, or that of the Landsgemeindes, in those places where the supreme authority is immediately exercised by the people.
21. The Landamman of Switzerland issues, in cases of need, inspectors for the purpose of examining the state of the roads, rivers, &c. Where necessity requires it he can direct the immediate execution of public works, and make the necessary arrangements with respect to the expenses thereof, &c.
22. His signature attaches a national credit and character to those acts to which it is affixed.
OF THE DIET.
23. Each Canton sends a Deputy to the Diet, who may be accompanied by one or two Substitutes, who shall be eligible to act as such in case of the absence or indisposition of the principal.
24. The deputies to the Diet are to have instructions and limited powers--they cannot vote contrary to their instructions.
25. The Landamman of Switzerland is, ex officio, deputy of the Directorial Canton.
26. The 19 deputies who compose the Diet, shall have 25 votes in the deliberations, in manner as follows:
The deputies of those cantons of which the population is more than 100,000 inhabitants, viz. those of Berne, Zurich, Vaud, St. Gall, Argovie, and the Grisons, shall have each two votes.
The deputies of those cantons of which the population is less than 100,000 souls, namely, those of Tessin, Lucerne, Thurgovie, Fribourg, Appenzell, Soleure, Bâle, Schwitz, Glaris, Schaffhausen, Unterwalden, Zug and Uri, shall have but one vote each.
27. The Diet at which the Landamman of Switzerland presides, is to assemble the first Monday in June; its session shall not exceed the term of one month.
28. There shall be extraordinary Diets on the following occasions: 1. On the demand of a neighboring power, or of one of the cantons, supported by the supreme council of the Directorial Canton, which shall be assembled on such occasion, if not sitting at the time. 2dly. On the determination of the supreme council, or of the Lands gemeindes of five cantons, who can, on such all occasions, demand the proceeding, though the Directorial canton may not concur in it. 3dly. When they shall be convoked by the Landamman of Switzerland.
29. The declarations of war, and the treaties of peace or of alliance, emanate from the Diet; but the concurrence of three fourths of the cantons, on such occasions, is necessary.
30. It shall alone have the power of concluding treaties of commerce, &c. for the foreign service. It authorizes the cantons in case it shall deem expedient, to treat particularly in own concerns with a foreign power.
31. The Diet has the direction of the Contingent of the troops to be furnished by each canton, according to article 2. It appoints the commanding officer, and in short, adopts all the measures necessary for the security of Switzerland, and for the execution, of the other dispositions of the federal act: this power comprises internal concerns.
32. It nominates and dispatches Ambassadors Extraordinary.
33. It decides finally upon all matters in dispute between the Cantons. For this purpose it forms itself into a Syndicat, but in such case each deputy has but one voice--neither are previous instructions necessary on this occasion.
34. The Verbal-process of the Diet is to be entered in two registers, of which one remains with the Directorial Canton, and the other with the state seal, which, at the end of December is to be removed to the chief place in the Directorial Canton.
35. A chancellor and a Greffier, appointed by the Diet for two years, and paid by the directorial canton (at the rate the diet shall think proper) shall always accompany the state seal and the registers.
36. The constitution of each canton, engrossed on parchment, and sealed with the Seal of the Canton shall be deposited in the archives of the Diet.
37. The present federal act, as well as those of the particular constitutions of the 19 Cantons, shall abrogate and annul all interior dispositions whatever that may be contrary to it; and no law relative to the internal affairs of the Cantons, or to the relations between them, can be founded on the ancient political code of Switzerland.
The repose of Switzerland, the success of the new institutions now forming, require that the necessary operations for carrying them into effect, and to transmit to the new magistrates, the care of the public happiness and welfare, be secured from the influence of the passions, and executed with moderation, impartiality, and wisdom.
We cannot hope for a prosperous issue, unless the commissioners, named by the act of Mediation, be animated by the spirit which dictated it.
By these considerations, we, in our said quality, and with the reservations before expressed, do constitute as follows:
1. For the year 1803, Fribourg to be the Directorial Canton.
2. The citizen Louis D'Affry to be Landamman of Switzerland for the said year, and invest him with the extraordinary powers until the assembling of the Diet.
3. The original Act of Mediation shall be transmitted to the Landamman, in order to be deposited in the archives of the directorial Canton.
4. In each canton a commission of seven members, and of which one shall be appointed by us, and six chosen by the ten deputies elected to confer with us, is charged to put into activity the constitution, and to administer it provisionally.
5. These commissions are composed as follows:
Then follow the names of persons appointed to fill the commissions of the different Cantons.
6. On the tenth of March next, the central government shall dissolve itself after having transmitted its papers and archives to the Landamman of Switzerland.
(To be continued.)
2. Every Swiss citizen shall have the liberty of removing his residence from one Canton to another, and freely to exercise his industry in any. It is permitted him to acquire political rights in whatever Canton he shall establish himself. But he shall not enjoy, at the same time, political rights in more than one Canton.
3. The ancient laws of commerce, external or internal, are abolished. The free exchange and circulation of commodities, cattle, merchandise, &c. are guaranteed. All exclusive commercial privileges are abolished in the interior of Switzerland. The customs, &c. payable on the frontiers, in going to the adjacent Canton, but the rates and proportions thereof, shall be submitted for the approbation of the Diet.
4. Each Canton shall reserve to itself the tolls deemed for the repairs of the roads, keeping in order the banks of the rivers, bridges, &c. but the rates of these, as in the foregoing instance, be left to the discretion of the Diet.
5. The monies coined in Switzerland shall be of a uniform description, which is all to be determined by the Diet.
6. No Canton shall afford asylum to a criminal legally convicted, nor even to one illegally accused.
7. The number of stipendiary troops to be supported in any one Canton, shall not exceed two hundred.
8. All partial alliances of one Canton with another, or with any foreign power is interdicted.
9. The government, or the legislative body of any Canton which shall violate a decree of the Diet, is liable to be cited as rebellious, before a tribunal composed of the Presidents of the Criminal Tribunals of all the other Cantons.
10. The Cantons shall possess all those powers which are not expressly delegated to the federal authority.
OF THE DIRECTORIAL CANTON.
11. The Diet is to assemble by rotation and at annual periods, at Fribourg, Berne, Soleure, Zurich, and Lucerne.
12. The Cantons of which the above cities are the chief places, shall, in succession, become the federal Canton: the year for those purposes commences on the 1st of January.
13. The directorial Canton shall provide suitable residence, and a guard of honor for the deputies; it also supplies the expenses of the Diet.
14. The Avoyer or Burgomaster of the directorial canton, shall unite to those titles that of Landamman of Switzerland. He shall have custody of the seal of the Helvetic republic. He cannot absent himself from the city. The supreme council of his Canton shall accord to him an appropriate establishment, and shall defray the extraordinary expense of his official functions.
15. The foreign ministers are to present to the Landamman, their letters of credence or of recall; and must apply to him on all matters of negotiation. He has also in charge the other diplomatic concerns.
16. At the opening of the Diets, he is to communicate to them the necessary information respecting the domestic and foreign concerns of the republic.
17. No canton shall be allowed to call out or put in motion more than 800 militia, until it shall have apprised the Landamman of Switzerland of such an intention.
18. In case of a revolt in the interior of any Canton, or on any other pressing occasion, the troops of one canton may march into another canton: but this shall take place only on the requisition of the supreme or petty council of the canton, which wants such assistance; and after taking the advice of the petty council of the directorial canton, the Diet, however, is to be convoked after the cessation of hostilities, or if the danger continues.
19. If, during the vacations of the diet, any disagreement should arise between any two or more Cantons, they are to address themselves to the Landamman of Switzerland, who, according to circumstances, shall appoint conciliatory Arbiters, or refer the case to the consideration of the diet on its next sitting.
20. He is to make known to the Cantons, every instance in which he deems their conduct likely to interrupt the tranquillity of Switzerland, and every thing which takes place of an irregular nature, and violating against either the federal act, or their particular constitution. He may, in some cases, convoke the supreme Council, or that of the Landsgemeindes, in those places where the supreme authority is immediately exercised by the people.
21. The Landamman of Switzerland issues, in cases of need, inspectors for the purpose of examining the state of the roads, rivers, &c. Where necessity requires it he can direct the immediate execution of public works, and make the necessary arrangements with respect to the expenses thereof, &c.
22. His signature attaches a national credit and character to those acts to which it is affixed.
OF THE DIET.
23. Each Canton sends a Deputy to the Diet, who may be accompanied by one or two Substitutes, who shall be eligible to act as such in case of the absence or indisposition of the principal.
24. The deputies to the Diet are to have instructions and limited powers--they cannot vote contrary to their instructions.
25. The Landamman of Switzerland is, ex officio, deputy of the Directorial Canton.
26. The 19 deputies who compose the Diet, shall have 25 votes in the deliberations, in manner as follows:
The deputies of those cantons of which the population is more than 100,000 inhabitants, viz. those of Berne, Zurich, Vaud, St. Gall, Argovie, and the Grisons, shall have each two votes.
The deputies of those cantons of which the population is less than 100,000 souls, namely, those of Tessin, Lucerne, Thurgovie, Fribourg, Appenzell, Soleure, Bâle, Schwitz, Glaris, Schaffhausen, Unterwalden, Zug and Uri, shall have but one vote each.
27. The Diet at which the Landamman of Switzerland presides, is to assemble the first Monday in June; its session shall not exceed the term of one month.
28. There shall be extraordinary Diets on the following occasions: 1. On the demand of a neighboring power, or of one of the cantons, supported by the supreme council of the Directorial Canton, which shall be assembled on such occasion, if not sitting at the time. 2dly. On the determination of the supreme council, or of the Lands gemeindes of five cantons, who can, on such all occasions, demand the proceeding, though the Directorial canton may not concur in it. 3dly. When they shall be convoked by the Landamman of Switzerland.
29. The declarations of war, and the treaties of peace or of alliance, emanate from the Diet; but the concurrence of three fourths of the cantons, on such occasions, is necessary.
30. It shall alone have the power of concluding treaties of commerce, &c. for the foreign service. It authorizes the cantons in case it shall deem expedient, to treat particularly in own concerns with a foreign power.
31. The Diet has the direction of the Contingent of the troops to be furnished by each canton, according to article 2. It appoints the commanding officer, and in short, adopts all the measures necessary for the security of Switzerland, and for the execution, of the other dispositions of the federal act: this power comprises internal concerns.
32. It nominates and dispatches Ambassadors Extraordinary.
33. It decides finally upon all matters in dispute between the Cantons. For this purpose it forms itself into a Syndicat, but in such case each deputy has but one voice--neither are previous instructions necessary on this occasion.
34. The Verbal-process of the Diet is to be entered in two registers, of which one remains with the Directorial Canton, and the other with the state seal, which, at the end of December is to be removed to the chief place in the Directorial Canton.
35. A chancellor and a Greffier, appointed by the Diet for two years, and paid by the directorial canton (at the rate the diet shall think proper) shall always accompany the state seal and the registers.
36. The constitution of each canton, engrossed on parchment, and sealed with the Seal of the Canton shall be deposited in the archives of the Diet.
37. The present federal act, as well as those of the particular constitutions of the 19 Cantons, shall abrogate and annul all interior dispositions whatever that may be contrary to it; and no law relative to the internal affairs of the Cantons, or to the relations between them, can be founded on the ancient political code of Switzerland.
The repose of Switzerland, the success of the new institutions now forming, require that the necessary operations for carrying them into effect, and to transmit to the new magistrates, the care of the public happiness and welfare, be secured from the influence of the passions, and executed with moderation, impartiality, and wisdom.
We cannot hope for a prosperous issue, unless the commissioners, named by the act of Mediation, be animated by the spirit which dictated it.
By these considerations, we, in our said quality, and with the reservations before expressed, do constitute as follows:
1. For the year 1803, Fribourg to be the Directorial Canton.
2. The citizen Louis D'Affry to be Landamman of Switzerland for the said year, and invest him with the extraordinary powers until the assembling of the Diet.
3. The original Act of Mediation shall be transmitted to the Landamman, in order to be deposited in the archives of the directorial Canton.
4. In each canton a commission of seven members, and of which one shall be appointed by us, and six chosen by the ten deputies elected to confer with us, is charged to put into activity the constitution, and to administer it provisionally.
5. These commissions are composed as follows:
Then follow the names of persons appointed to fill the commissions of the different Cantons.
6. On the tenth of March next, the central government shall dissolve itself after having transmitted its papers and archives to the Landamman of Switzerland.
(To be continued.)
What sub-type of article is it?
Political
What keywords are associated?
Swiss Federal Act
Act Of Mediation
Helvetic Republic
Directorial Canton
Diet Assembly
Landamman
Cantons Constitution
What entities or persons were involved?
Louis D'affry
Where did it happen?
Switzerland
Foreign News Details
Primary Location
Switzerland
Event Date
1803
Key Persons
Louis D'affry
Outcome
abolition of nobility and privileges; establishment of federal diet, directorial canton system, uniform coinage, free commerce, and provisional commissions; fribourg as 1803 directorial canton with louis d'affry as landamman; central government dissolution on march 10, 1803.
Event Details
The federal act outlines the abolition of nobility, guarantees citizen mobility and free commerce, limits military forces and alliances, establishes the rotating Directorial Canton and Landamman role, defines Diet composition and powers including war declarations, treaties, and dispute resolution, and sets provisional measures for 1803 implementation under the Act of Mediation.