The superior executive authority is exercised by a Federal Council of seven, chosen by the Federal Assembly, one of whom is annually chosen President of the Confederation (Arts. 95, 96, 98).

The Federal Assembly decides among other matters as to alliances and treaties with Foreign States, and takes the measures necessary to preserve external security and the independence and neutrality of the country. It makes war and peace; disposes of the Federal army and the Federal budget (Art. 85).

The Federal Council is the executive authority for all these purposes (Art. 102).

A Federal tribunal is established to decide civil differences between the Confederation on the one hand, and particular Cantons, corporations, and individuals on the other; and similarly between two or more Cantons or between Cantons and corporations or individuals (Art. 110, 113).

It sits further with a jury as a criminal tribunal, to decide among other things cases of high treason against the Confederation, revolt or violence against the Federal authorities, and crimes and offences against the law of nations (Art. 112).

This Constitution is subject to revision; but the revised' Constitution only acquires force when it has been voted by the majority of Cantons, and by the majority of Swiss citizens taking part in the voting (Arts. 118, 121).

The Constitution of 1874, it should be noticed, was not adopted without considerable differences of opinion. It was submitted to the popular vote; when 340,199 citizens voted for it, and 198,013 against it; 14 Cantons voted for it, and against it (ƒ).

Before the French Revolution, it was competent to each Canton to enter into a special alliance both with another

(f) I desire to express my obligations to the present Agent and Consul-General of Switzerland, Mr. H. Vernet, for supplying me with an official copy of the Constitution Fédérale de la Confédération Suisse du 29 mai, 1874.

Canton and with a Foreign State (g); but it is clear, from what has been stated, that no individual member of this Federal Body, since the Federal Act of 1815, has the character and position-or, as civilians say, the persona standi-of a separate independent nation.

CXVI. This subject should not be dismissed without the observation, that one of the Swiss Cantons, Neuchâtel, formerly bore the title of a Principality, and was placed in some, though it may be doubtful in what, degree under the Suzeraineté of the King of Prussia (h).

After the death of Marie de Longueville, Duchess of Nemours, in 1707, the States of Neuchâtel transferred the fief of their principality to the King of Prussia, as the representative of the House of Châlons, with a reservation of their liberties and of their Treaties of Alliance with the Swiss Cantons,

The ninth article of the Treaty of Utrecht recognized this act of the States of Neuchâtel, and so the relations between Prussia and Neuchâtel continued till 1805, when Prussia ceded the Principality to Napoleon. It was restored, however, at the Peace of Paris, to Prussia, from whom, in 1814, it received a new constitutional form of government. But Neuchâtel was subsequently admitted into the new Helvetic

(g) Merlin, Répertoire de Jurisprudence, tit. "Ministre public." Wheaton, Elém. i. pp. 73, 74. Annuaire des Deux Mondes, 1850, p. 294; 1851-2, p. 188.

(h) "Extrait du Manifeste publié par l'Ambassadeur du Roy de Prusse au sujet des affaires de Neufchâtel, 1707.”—Schmauss, ii. p. 1205.

"Articles généraux dressés et proposés au nom, etc. de la Principauté de Neufchâtel et de Valangin-agréés et accordés par l'Ambassadeur de S. M. le Roy de Prusse, 1707.”—Ib. p. 1209.

"Mémoire, etc., 1707."-Ib. pp. 1211, 1212.

"Articles accordés par le Roy de Prusse, Frédéric I, à la ville de Neufchâtel, 1707."-Schmauss, ii. p. 1213, in which the King of Prussia is described (p. 1217) as "Prince Souverain de Neufchâtel et Valengin.” In the Treaty of Utrecht (1713) the authority of the King of Prussia is fully recognized.—Ib. p. 1381, and p. 1369, art. ix. of that part of the treaty which concerns the relations of France and Prussia. The King of Prussia is acknowledged "pro supremo Domino Principatus NeoCastri et Vallengiæ."

Confederation, its relations to which were defined by the 9th article (i) of the Acte (April 7, 1815) which reunited Neuchâtel, Geneva, and Valais to the Helvetic Confederation, and declared that "the sovereign State of Neuchâtel "is received as a Canton into the Swiss Confederation. "This reception takes place under the express condition that "the fulfilment of all the duties which devolve upon the "State of Neuchâtel as a member of the Confederation, the "participation of that State in deliberations on the general "affairs of Switzerland, the ratification and performance of "the resolutions of the Diet, shall exclusively concern the "Government residing in Neuchâtel, without requiring any "further sanction or assent."

CXVII. In 1847-8, Switzerland, like the rest of Europe, was agitated by a civil war, with respect to which the States of Neuchâtel resolved to maintain a strict neutrality. The King of Prussia supported them in this resolution; but the extreme party constituting the then majority in the Swiss Diet declared that this resolution was inconsistent with the terms of the stipulation by which Neuchâtel was incorporated into the union (j). After undergoing the evils of a revolutionary war, Neuchâtel returned to its ancient relations with Prussia (k). But in 1857 Prussia renounced her rights over this Principality, which became a member of the Helvetic Confederation.

(i) Martens, t. iv. pp. 168, 170: "Aufnahmsurkunde des Cantons Neuenburg."

(j) Annuaire historique universel, 1848-9, ch. viii. p. 515; Suisse, Ib. 1850, ch. vii. p. 487.

(k) "Neuchâtel ist seit dem Wiener Congress-Abschied ein souverainer (monarchischer) Schweizer Canton."-Note of Morstadt (1851) to his edition of Klüber's Völkerrecht.

Annuaire des Deux Mondes, 1850, p. 301.

CHAPTER V.

UNITED STATES OF NORTH AMERICA.

CXVIII. THE United States of North America (a) furnish the greatest example which the world has yet seen of a Federal Government.

The constitution of the United States of North America differs materially from that of the Germanic Confederation: the latter was a league of Sovereign States for their common defence against external and internal violence; the former is a Supreme Federal Government—it is, in fact, a Composite State, the constitution of which affects not only members of the Union, but all its citizens, both in their individual and in their corporate capacities (b).

According to the language of the Charter or Act of the Constitution, it was established by "the people of the "United States, in order to form a more perfect union, "establish justice, ensure domestic tranquillity, provide for "the common defence, promote the general welfare, and secure the blessings of liberty to them and their posterity." The Legislative power of the Union is vested in a Congress, consisting of a Senate, the members of which are chosen by the local legislatures of the several States, and of a House of Representatives, chosen by the people in each State.

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The Executive power is lodged in a President, chosen by electors appointed in each State according as the legislature

(a) Wheaton's International Law; Story's Commentaries on the Constitution of the United States; Kent's Commentaries on American Law.

(b) Texas v. White, 7 Wallace's Reports in the Supreme Court, 560.

thereof may direct. The powers of Congress and of the President, so far as they affect the International relations of the United States with other countries, are expressed in the following articles of the Constitution, which was finally ratified by the thirteen States in 1790 (c):

ART. I.-Sect. 8.

CXIX. "1. To lay and collect taxes, duties, imposts, "and excises, to pay the debts and provide for the common "defence and general welfare of the United States; but all "duties, imposts, and excises shall be uniform throughout "the United States.

"2. To borrow money on the credit of the United States. "3. To regulate commerce with foreign nations, and "among the several States, and with the Indian tribes.

"4. To establish an uniform rule of naturalization, and "uniform laws on the subject of bankruptcies throughout "the United States."

"10. To define and punish piracies and felonies com"mitted on the high seas, and offences against the law of "nations.

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"11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and "water" (d).

Sect. 10.

"1. No State shall enter into any treaty, alliance, or con"federation; grant letters of marque and reprisal; coin "money; emit bills of credit; make anything but gold and "silver coin a tender in payment of debts; pass any bill of attainder, ex-post-facto law, or law impairing the obliga"tion of contracts, or grant any title of nobility.

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"2. No State shall, without the consent of the Congress,

lay any imposts or duties on imports or exports, except

(c) The Articles of the Confederation were finally ratified in 1781. It was superseded by the Constitution in 1790.

(d) Story's Commentaries on the Constitution of the United States, pp. xxi., xxii. of "The Constitution."