Government.—The Swiss Confederation must be carefully distinguished from the 22 cantons of which it is composed, and which are sovereign states, save in so far as they have given up their rights to the Federal government. These cantons themselves are built up of many political communes, or Gemeinden, or civil parishes, which are the real political units of the country (and not merely local subdivisions); for any one desiring to become naturalized a Swiss must first become (by purchase or grant) a member of a commune, and then, if his burghership of the commune is confirmed by the cantonal authorities, he obtains also, simultaneously, both cantonal and Federal citizenship.
a. Now in Switzerland there are 3164 political communes (municipalités or Einwohnergemeinden). These are composed of all male Swiss citizens over twenty years of age, of good character and resident in the commune for at least three months. The meeting of these persons is called the assemble générale or Gemeindeversammlung, while the executive council chosen by it is the conseil municipal or Gemeinderat, the chief person in the commune (elected by the larger meeting) being termed the syndic or maire, the Gemeindeprdsident or the Gemeindeammann. This kind of commune includes all Swiss residents (hence the German name) within its territorial limits, and has practically all powers of management of local affairs, including the carrying out of cantonal and Federal laws or decrees, save and except matters relating to the pastures and forests held in common. This class of commune dates only from the time of the Helvetic republic (1798–1802), and its duties were largely increased after the liberal movement of 1830; the care of the highways, the police, the schools, the administration of the poor law being successively handed over to it, so that it became a political body. As regards Swiss citizens belonging to cantons other than that in which they reside, the Federal Constitution of 1848 (art. 41) gave them rights of voting there in cantonal and Federal matters, but not in those relating exclusively to the commune itself. The Federal Constitution of 1874 (art. 43) gives to such persons as those named above (éstablis or Niedergelassenen—that is, permanent settlers) all voting rights, Federal, cantonal and communal (save as below), the two last named after a stay of three months. Temporary residents being Swiss citizens (e.g. labourers, servants, students, officials not being communal officials) are called résidents or Aufenthalter, and are in most cantons considered to be as such incapable of voting in communal matters until after a residence of three months, though some cantons require a longer sojourn. Foreign residents are included under this class of Aufenthalter.
The burgher communes (communes bourgeoises or Bürgergemeinden), now principally of historical interest, having for the most part gradually merged with the other class of communes, were originally simply the communities that dealt with the management of the “lands subject to common user" or Allmend (mainly summer pastures and forests), but gradually obtained, by purchase or otherwise, the manorial rights, the burghers then being themselves the lords of the manor (as at Brixham in Devonshire). But when after the Reformation, owing to the suppression of the monasteries, the care of the poor was imposed by the Federal Diet, in 1551, on the several communes, these naturally aided only their own members, a course which gave rise to a “communal burgher ship,” a system designed to prevent persons from gaining a “settlement” in any commune to which they did not properly belong. Thus all non burgher residents, permanent or temporary, were excluded from any share in the enjoyment of the lands subject to common user, or in their management, and remained complete outsiders, though paying local rates. With the increased facilities of communication and the rise of a shifting industrial population such restrictions became invidious and unfair, particularly after the introduction, under the Helvetic republic, of a Federal citizenship, superior to cantonal citizenship, and after the communes became more and more burdened with public duties, so that the amount of the rates equalled, if it did not exceed, the sums produced by the “common lands.” To avoid some of these inconveniences “political communes” were set up, consisting practically of all Swiss permanent residents. But the relation between these and the old Bürgergemeinden (the burghers of which only have rights of user over the common lands) was very delicate, and has been settled (if settled at all) in various fashions. In some cases the older communes simply merged with the newer, the ownership of the common lands thus passing from one to the other class. In other cases the Bürgergemeinden still exist as distinct from the “political communes,” but solely for purposes (enjoyment, management, &c.) relating to the common lands, and thus form a sort of privileged community inside the larger and now more generally important community. In some cases the common lands have been divided in varying proportions between the two classes of communes, the Bürgergemeinden thus continuing to exist solely as regards that part of the common lands which they have retained. In other cases the common lands, whether before or after 1798, have passed into the possession of a small number of the burghers, who form a close corporation, the revenues of which are enjoyed by the members as such, and not as citizens—in short are subject to no public obligations or burdens save rates and taxes.
b. The twenty-two cantons (three are subdivided—Unterwalden, Appenzell and Basel—into two halves) are divided into “administrative districts” (187 in number), which are ruled by prefects, in the French fashion, appointed by the cantonal authorities. These are the true local divisions in the country. Each Canton has its own legislature, executive and judiciary. The older cantons have in some cases (Uri, Unterwalden, Appenzell and Glarus) preserved their ancient democratic assemblies (or Landesgemeinden), in which each burgher appears in person, and which usually meet once a year, on the last Sunday in April or the first Sunday in May, always (weather permitting) in the open air. These annual assemblies elect annually a sort of standing committee, and also the chief magistrate or Landammann, as well as the judiciary. In the other eighteen cantons the legislature (Gross Rat or grand conseil) is composed of representatives chosen by the cantonal voters in proportion, varying in each canton, to the population. They are thus local parliaments rather than mere county councils. The executive (Regierungsrat or conseil d’état) is elected everywhere (save Fribourg, the Valais and Vaud) by a popular vote, this plan having gradually superseded election by the cantonal legislature. All the cantons (save Fribourg) have the referendum and initiative, by which the electors can exercise control over their elected representatives. The cantonal judiciary is chosen by the people.
c. In 1848 the Federal government was reorganized according to the plan adopted in the United States, at any rate so far as regards the legislature (Bundesversammlung or assemble fédérale). This is composed of two houses: (1) the Ständerat or conseil des états, to which each canton, great or small, sends two representatives (generally chosen for varying terms by the people, but, in 1907, still by the cantonal legislature in Bern, Fribourg, Neuchâtel, St Gall, the Valais and Vaud), this house being like the American Senate; (2) the Nationalrat or conseil national, composed of representatives (at present 167 in number) elected within the cantons in the proportion of 1 to every 20,000 (or fraction over 10,000) of the population, and holding office for three years, before the expiration of which it cannot be dissolved. The two houses are on an absolutely equal footing, and bills are introduced into one or the other simply because of reasons of practical convenience. The Federal parliament meets, at least, once a year, in Bern, the Federal capital. The Federal executive (Bundesrat or conseil fédéral) was set up in 1848 and is composed of seven members, who are elected for three years by the two houses of the Federal legislature, sitting together as a congress, but no two members may belong to the same canton. The Federal parliament annually names the president (Bundespräsident or président de la confédération) and the vice-president, so that the former is really but the chairman of a committee, and not in any way like the American president. The Federal president always holds the foreign portfolio (the “political department”), the other portfolios being annually redistributed among the other members, but all decisions proceed from the council as a whole. The Federal councillors cannot be at the same time members of either house of the Federal parliament, though they may speak or introduce motions (but not vote) in either house. The Federal Supreme Court (Bundesgericht or tribunal fédéral) was created by the Federal Constitution of 1874 and is (since 1904) composed of 19 full members (plus 9 substitutes), all elected by the two houses of the Federal parliament, sitting together and holding office for six years; the Federal parliament also elects every two years the president
