obligatory for political crimes and those of the press." In view of the marked differences in the political character of the cantons, this limitation appears reasonable, in fact necessary to prevent a canton from sometimes being called upon to do violence to its own convictions by delivering up a political offender whose acts appear rather to merit praise than punishment.

This subject was taken up by federal legislation in the law of July 24, 1852. It was made the duty of every canton to permit the arrest and extradition of those persons who had been condemned for certain crimes or who were accused of such crimes in due legal form. In the United States the law fails to specify the crimes for which extradition may be had, simply adhering to the constitutional designation of "treason, felony, or other crimes;" but in Switzerland the second article of the law of 1852 enumerates the crimes for which one canton may demand from another the extradition of the criminal. As an exception to the general rule, 1 Article 55 of the Constitution of 1848, and Article 67 of that of 1874.

2 They are "Mord, Kindsmord, Todtschlag und Tödtung durch Fahrlässigkeit; Abtreibung und Aussetzung, Brandstiftung, Raub, Erpressung, Diebstahl, Unterschlagung, Pfanddefraudation, Betrug, betrüglicher Bankerott, böswillige Eigenthumsschädigung mit Ausnahme unbedeutender Fälle ; schwere Körperverletzung, Nothzucht, Blutschande, widernatürliche

extradition may be refused, of persons who have acquired citizenship, or who have settled in a canton, when this canton binds itself to try and punish them according to its own laws, or allows a sentence already pronounced to be executed. This provision, which is wanting in both Germany and the United States, establishes an international relation rather than a relation befitting members of a federal state. If a person is accused of several crimes committed in different cantons, he shall be handed over to all the cantons in order, first to that canton in which the gravest crime was committed. If, moreover, one crime is committed in several cantons, that canton in which the principal action was had may demand the extradition of all those who have been guilty of participation in the offense in other cantons.

It has been found expedient to bring the members of a federal union into some clearly defined legal relation to one another, not only with respect to criminal affairs, but also with respect to civil cases. In this regard the cantons Wollust (Sodomie), Bigamie, Menschenraub, Entführung, Unterdrückung des Familienstandes, Anmassung eines fremden Familienstandes, Bestechung, Missbrauch der Amtsgewalt, Anmassung der Amtsgewalt, Fälschung, Meineid, falsches Zeugniss, falsche Verzeigung in Bezug auf die hier bezeichneten Vergehen, Münzfälschung oder andere dazu gehörende Vergehen." Blumer, I, 255.

of Switzerland hold a somewhat more intimate relation to one another than the States of the American Union. As already noticed, final civil judgments rendered in one canton are executory in any other canton. No such latitude as this is given to a decision of a State court in the United States. The Constitution provides, however, that "full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. In pursuance of the provisions of the last sentence of this section, the Congress has provided that "the acts of the legislature of any State or Territory, or of any country subject to the jurisdiction of the United States, shall be authenticated by having the seals of such Territory, State, or country affixed thereto. The records and judicial proceedings of the courts of any State or Territory, or of any country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form. And the said rec1 Article 4, Sec. I.

ords and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken."

These provisions regarding the weight to be given to the public acts and records of one State in another State appear important in view of the impossibility of enforcing a civil judgment by a State court except in the State where it is rendered. If it becomes necessary to enforce such a judgment outside of these limits, the end can be reached only by a new action in the second State, demanded on the ground of the former judgment and supported by the records and proceedings of the former trial. In a similar case in Switzerland, however, no new trial is required, the way being open to an immediate execution of the judgment either in the canton where it was rendered or in any other canton.

1 Revised Statutes of the United States (1878), § 905.

CHAPTER IX.

THE ARMY AND THE FINANCES.

IN establishing constitutional provisions with respect to the army, the Swiss have been careful to avoid the danger to liberty which a prominent development of military affairs would present. In the early history of the Confederation the several cantons were dissuaded from maintaining permanent military forces by the economical burdens which the support of such forces would impose. The Helvetic Republic, in alliance with France, was, however, obliged to maintain a standing army. "The Act of Mediation, which gave the Union no financial means for paying regular troops, took care that the cantons should not win too strong a position in opposition to the federal power, and to this end limited the number of paid troops which a canton might maintain, to two hundred men."1 With the adoption of the articles of confera1 1 Blumer, II, 315.