constitution, however, deprived the several cantons of this power, and placed the general government in a position to correct the abuses which had hitherto existed. By subsequent federal legislation, in 1859, every Swiss citizen was prohibited from entering, without the consent of the Federal Council, those bodies of foreign troops which were not regarded as national troops of the respective states. The purpose of this law was to set aside the disadvantages and dangers which this foreign military service had brought upon Switzerland. These proceeded from the fact that there were certain bodies of troops, who, "bearing the Swiss name, or under Swiss command, or composed for the most part of Swiss soldiers, were fighting for foreign governments, and who were not concerned about the cause which they served, but only about the pay which they received."1 The law of 1859 had in view specially the abolition of such troops as these, but it did not hinder individual Swiss citizens from enrolling themselves in the national troops of a foreign state. The prohibition was simply to the effect that they could not enter the so-called "Swiss regiments" in foreign service and "Swiss foreign legions," without the permission of the Federal Council.

1 Blumer, I, 225.

The foreign relations of Switzerland under the confederation were further complicated by the reception of foreign pensions, titles, and orders, by influential Swiss citizens. When these persons obtained positions of power at home, the fact that they were pensioners of a foreign state or of foreign states had no little influence in determining the position of the government on questions of foreign politics. Conspicuous statesmen were pleased on public occasions to display the orders and decorations which they had received from foreign princes, and in this they did violence to the republican spirit of the people.

"The cantonal constitutions, therefore, in the third decade of this century, forbade, as a rule, not only military capitulations,' but also the reception of pensions and titles from foreign states, as also the wearing of foreign orders while in official position." Later provisions of a similar import were embodied in the federal constitution. They were set down in Article 12, as follows: "The members of the federal authorities, the civil and military functionaries of the Union, and the federal representatives or com

1“Une capitulation mililaire était un traité conclu avec un gouvernement étranger et par lequel un ou plusieurs cantons suisses s'engageaient á lui fournir, moyennant finance, un certain nombre d'hommes armés." Droz, “ Instruction Civique,” 167. 2 Blumer, I, 229.

missioners may receive from a foreign government neither pensions or salaries, nor titles, presents, or decorations.

"If they are already in possession of pensions, titles, or decorations, they must renounce the enjoyment of their pensions and the use of their titles and decorations during their continuance ⚫ in office.

"Nevertheless the inferior employees may be authorized by the Federal Council to receive their pensions.

"In the federal army, neither decorations nor titles accorded by a foreign government may be borne.

"All officers, subordinate officers, and soldiers, are prohibited from accepting distinctions of this sort."

The prohibition here set forth may be compared with that involved in those clauses of the United States Constitution, which provide that no title of nobility shall be granted either by the United States or by any State, and that “no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state."1

1 U. S. Constitution, Art. 1, Secs. 9 and 10.

CHAPTER VIII.

INTERNAL RELATIONS.

IN the second article of the federal constitution are enumerated the ends for which the Union exists. The first of these is the maintenance of the nation in a state of independence of foreign powers. Nearly all laws relating to foreign affairs have this as their direct or indirect object. The second end of the Union there specified is the maintenance of peace and order within. Although put in the second place in the article enumerating the purposes of the Union, this end is in some sense a condition of the first; for without internal peace and harmony, the continued independence of the nation would be impossible. The constitutional basis of legislation for the preservation of internal peace and order is set forth in the following provisions of the fourteenth article: "The cantons are bound whenever conflicts arise among them to abstain from taking up arms, and from all in

dependent action in their own behalf, and to subject themselves to the decisions which shall be rendered on these conflicts in accordance with federal prescriptions."

As already indicated, conflicts which arise under the constitution or in connection with the federal decrees and concordats are settled by the Federal Council and the Federal Assembly. Civil conflicts, on the other hand, are judged by the Federal Tribunal.' Under Article 61, which provides that "final civil judgments rendered in one canton are executory in the whole of Switzerland," a question sometimes arises as to the obligation of one canton to carry out the decree of the cantonal court of another canton, and this question has to be decided by the federal authorities. An attempt on the part of a court of one canton to execute its decrees in another canton, in the face of the indifference or willful neglect of the second body, is an act prohibited by Article 14. The procedure in such a case is through an application to the federal authorities for a judgment requiring the second canton to fulfill its obligation.

The provisions made by decrees and judicial decisions for the settlement of intercantonal conflicts are inadequate to preserve peace and order, unless supported by other provisions for 1 Articles 110-113.