the Federal Constitution. The others could reply, with equal
truth, that there was no safety for the constitution with the
Sonderbund. In 1847, it came to a war between national sovereignty and
cantonal sovereignty. The Sonderbund was dissolved, and a new Federal
Constitution was adopted, avowedly and ostensibly charged with the duty
of carrying out democracy, and repressing the adverse influence of Rome.
It was a delusive imitation of the American system. The President was
powerless. The Senate was powerless. The Supreme Court was powerless.
The sovereignty of the cantons was undermined, and their power centred
in the House of Representatives. The Constitution of 1848 was a first
step towards the destruction of Federalism. Another and almost a final
step in the direction of centralisation was taken in 1874. The railways,
and the vast interests they created, made the position of the cantonal
governments untenable. The conflict with the Ultramontanes increased the
demand for vigorous action; and the destruction of State Rights in the
American war strengthened the hands of the Centralists. The Constitution
of 1874 is one of the most significant works of modern democracy. It is
the triumph of democratic force over democratic freedom. It overrules
not only the Federal principle, but the representative principle. It
carries important measures away from the Federal Legislature to submit
them to the votes of the entire people, separating decision from
deliberation. The operation is so cumbrous as to be generally
ineffective. But it constitutes a power such as exists, we believe,
under the laws of no other country. A Swiss jurist has frankly expressed
the spirit of the reigning system by saying, that the State is the
appointed conscience of the nation.
The moving force in Switzerland has been democracy relieved of all
constraint, the principle of putting in action the greatest force of the
greatest number. The prosperity of the country has prevented
complications such as arose in France. The ministers of Louis Philippe,
able and enlightened men, believed that they would make the people
prosper if they could have their own way, and could shut out public
opinion. They acted as if the intelligent middle class was destined by
heaven to govern. The upper class had proved its unfitness before 1789;
the lower class, since 1789. Government by professional men, by
manufacturers and scholars, was sure to be safe, and almost sure to be
r
|