relations with other States, the rights of the Confederation, its powers, and its obligations are to be sought for in the stipulations alone."() It would not be within the limits of this work to describe the various attempts made to remodel the Germanic Confederation, extending from the month of February, 1848, to the 15th May, 1851. The end of the revolutionary agitation which distracted Germany during this period is the restoration of the Frankfort Diet as it had existed since 1815.(p) CX. From what has been stated, the following propositions appear to be legitimately deduced: First. That the Germanic Confederation maintains with those who are members of that league relations of a special International character, resting entirely upon the Federal Act of 1815, and further explained by that of 1820, as their sole foundation; but that all the members of this league are governed in their relations with other Independent States by the general International Law. Secondly. That the mutual rights and duties of the members of this Confederation are wholly distinct from those which exist between them and other States, not members of the Confederation. Thirdly. That the operation of the duties and rights growing out of the constitution of the Confederation is not only exclusively confined to the Independent Sovereigns *who are members of it, but also to the territories which belong to them, by virtue of which they were originally incorporated into the Germanic Empire.(2) [*132] Fourthly. That the admission of new States, not being German, into the Confederation, or the admission of States not sovereignties, would conflict with the principle and the objects of the Confederation.(r) If these propositions be sound in point of law and reason, it follows that neither territories belonging to these sovereigns at that time, nor subsequently acquired territories, can be engrafted into this Confederation without the consent of other nations, especially of those who were parties to the Treaty of Vienna. CXI. The events of our own day have called for very important practical applications of these principles: first, in the case of the Duchies of Schlewig and Holstein(s) as to the relation in which they stood to the Crown of Denmark, on the one hand, and to the Germanic Confederation on the other: Schleswig having been a fief of the Danish Crown from the period of its first creation as a Duchy up to the year 1658, and having since that time been annexed to the Gottorp Duchy, and having been afterwards re-annexed with Gottorp to Denmark, and never having been directly connected with the German Empire; Holstein, on the contrary, having been a German fief. Those who argued for the German side (as it was called) of the ques (0) Zacharia, ib. b. iii. kap. iii. s. 256; Streitigkeiten über Auslegung und Anwendung der Verfassung.-Bundeschiedsgericht von 1834. The Relations of Schleswig and Holstein, by Dr. Twiss, p. 119; 1 Wheaton, Elém., p. 65. (p) Annual Register, vol. xciii. p. 277. (9) Zacharia, ib. band. iii. s. 219. Begriff und Zweck des Deutschen Bundes. (r) Zachar. ib. s. 222. (s) The Relations of the Duchies of Schleswig and Holstein to the Crown of Denmark and the Germanic Confederation, by Dr. Twiss, chap. v. p. 103. 130 Watch wellinen the Germ. Conform. PHILLIMORE ON INTERNATIONAL LAW. tion, contended that because the King of Denmark was subject, as Duke of Holstein, to the laws of the Confederation with respect to that Duchy, therefore his Duchy of Schleswig was also subject to the same condition. It was answered irresistibly, it would seem, so far as justice, practice, *and the reason of the thing are concerned, that it might as well [*133] be said that his province of Jutland was subject to the Confede ration; that the King of Holland by reason of his Duchy of Luxemburg, had not subjected Belgium to the Confederation; and that the members of it had not pretended to interfere as to the separation of Belgium from Holland, though they had done so as to the arrangements with respect to the Duchy of Luxemburg. On the establishment of the kingdom of Belgium, Luxemburg, was divided, half being given to Belgium, and half remaining to Holland; the German Confederation being compensated by the admission into its membership of the newly-created Duchy of Limburg.(t) Secondly, the other case which has given rise to a discussion as to the practical application of the principles of the German Confederation, has been the alleged attempt or desire of Austria to incorporate her Hungarian, Croatian, and Italian dominions into the German Confederation; to which attempt the powers who guaranteed the Treaty of Vienna would have an unquestionable right to refuse their consent, and which right they might hold themselves bound by their obligations, both with respect to themselves and to the general peace of the world, to exert.(u) CXII. II.-The second class of Federal States embraces those [*134] which,(x) by the terms of their confederation, vest *the adjustment of their external relations in a Supreme Federal Power. (Unio civitatum-état composé-Bundesstaat-unirte-Staaten· Staaten-Vercine.) The Achæan League and the United Provinces of the Netherlands furnish memorable illustrations of such a confederation.(y) CXIII. To this denomination belongs, at the present day, the Confederation of the Swiss Cantons. (2) The Thirteen Cantons of Switzerland (t) Zachar. ib. s. 221. II. D. (u) See the note on this subject of the French and English to the Austrian Government in the Appendix to the second volume of the "Annuaire," 1852-3, by the editors of the "Revue des Deux Mondes." (x) "In these days, their union is so entire and perfect, that they are not only joined together in bonds of frendship and alliance, but even make use of the same laws, the same weights, coins, and measures, the same magistrates, counsellors, and judges; so that the inhabitants of this whole tract of Greece seem in all respects to form but one single city, except only that they are not inclosed within the circuit of the same walls: in every other point, both through the whole republic and in every separate state, we find the most exact resemblance and conformity."-Hampton's Polybius, vol. i. p. 224. Polyb., Hist. 1. ii. c. iii.; Bynkershoek, Quæst. Jur. Publ. 1. ii. c. xxiv. The Federalist (American). (y) Manuel du Droit Public de la Suisse. Handbuch der Schweizerischen Staaten. Wheaton, Elém. du Droit Intern. 1. i. pp. 72, 73. Wheaton, Hist. pp. 492-496. (2) See Martens, Nouv. Rec. t. ii. p. 68 ; t. iv. pp. 161, 273; t. vii. p. 173, and De M. et De C., t. iii. pp. 14, 38, 89, 197, 242, for the following treaties relating to the Swiss Confederation. "1814,-Paix de Paris, Art. vi. 3. La Suisse indépend 131 had for some time previous to the Treaty of Westphalia been de facto independent, (a) but that Treaty formerly recognised their existence as Independent States. The effects of the French Revolution in 1789 were severely felt in Switzerland. The Cantons, in consequence of the separation of various districts, were increased, first to the number of nineteen, and finally to the number of twenty-two. Their internal dissensions brought about an Act of Mediation under Buonaparte in 1803, and subjected them to the invasion of the Allied Powers in 1813. In 1815 the claims of the conflicting Cantons were adjusted, and the Confederation re-modelled at the Congress of Vienna, (1815;) and in the same year, (August 7,) the number of the Cantons was increased to twenty-two by the Federal Act, signed at Zurich, and their neutrality was recognised (November 20), by an Act signed by the Allied Powers at Paris. *CXIV. According to the Federal Act of 1815, the Swiss Confederation consists of the union of twenty-two Cantons. The [135] object of their union is declared to be the preservation of their liberty and independence, security against foreign invasion, and the maintenance of internal public tranquillity and order. They mutually guarantee their respective territories and constitutions. Their Diet is formed by a Congress of Deputies, one being delegated from each Canton, and each having equally a single voice in the deliberations of this common senate. It assembles every year, alternately, at Berne, Zurich, and Lucerne-these being the Cantons (Vorort) in which the executive power of the Confederation resides when the Diet is not actually sitting. The Diet has the exclusive power of declaring war, of entering into treaties of peace, commerce, and alliance with Foreign States. These negotiations, however, require the assent of three-fourths of the Diet, though in other matters a simple majority suffices for the validity of the resolution. It is competent, however, to each Canton separately to conclude with foreign powers treaties which have for their object regulations of revenue and police; provided always that they do not conflict with the Federal Convention, the Existing Alliances, or the Constitutional Rights of other Cantons. The Confederation has a common army and treasure, supported by levies of men and contributions of money, according to fixed proportions, from each Canton. The Diet is responsible for the internal and external security of the Confederation. It appoints the commanding officers, and directs the operations of the Federal army, and moreover nominates the Federal Ministers at Foreign Courts. CXV. Since the year 1830, the separate constitutions of each of the Cantons has received a more or less democratic modification, but the ante continuera de se gouverner par elle-même." "1814, 16 Aôut. Les Dix-neuf Cantons' Traité d'alliance pour la conservation de leur liberté et indépendence." "1815, 7 Aout. Act de Conféderation entre les Vingt-deux Cantons Helvétiques, signé à Zurich." "1815, 20 Novembre. Acte signé à Paris par les plénipotentiaires d'Autriche, de France, de la Grande Bretagne, de Prusse, et de Russie, par lequel la neutralite de la Suisse a été reconnue." (a) Koch., Hist. des Tr. i., iii. attempts to alter the principle of the Federal Act of 1815 have failed. Bâle, Unterwalden, and Appenzell have been subdivided, and the subdivisions added to the number of the Confederated Cantons, which is thereby increased to twenty-five; but the number of votes in [*136] the Diet is still limited to twenty-two, each division of these three Cantons enjoying only half a vote. Before the French Revolution, it was competent to each Canton to enter into a special alliance both with another Canton and with a Foreign State; (b) 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, Neufchatel, bears the title of a Principality, and is placed in some, though it may be doubtful in what, degree under the Suzeraineté of the King of Prussia.(c) After the death of Marie de Longueville, Duchess of Nemours, in 1707, the States of Neufchatel transferred the fief of their principality to the King of Prussia, as the representative of the House of Chalons, with a reservation of their liberties and of their Treaties of Alliance with the Swiss Cantons. The ninth article of the Treaty of Utrecht recognised this act of the States of Neufchatel, and so the relations between Prussia and Neufchatel continued till 1805, when Prussia *ceded the principality [*137] 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 Neufchatel was subsequently admitted into the new Helvetic Confederation, its relations to which were defined by the 9th article(d) of the Acte (April 7, 1815), which reunited Neufchatel, Geneva, and Valais to the Helvetic Confederation, and declared that "The sovereign state of Neufchatel 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 Neufchatel 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 (b) Merlin, Répertoire de Jurisprudence, tit. "Ministre Public." Wheaton, Elém. i., pp. 73, 74. Annuaire des Deux Mondes, 1850, p. 294; 1851-2, p. 188. (c) "Extrait du manifeste publié par l'Ambassadeur du Roy de Prusse au sujet des affaires de Neufchatel, 1707."-Schmauss, ii. p. 1205. "Articles généraux dressés et proposés au nom, etc., de la Principauté de Neufchatel et de Valangin-agrées et accordés par l'Ambassadeur de S. M. le Roi 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 Neufchatel, 1707."-Schmauss, ii. p. 1213: in which the King of Prussia is described (p. 1217) as "Prince Souverain de Neufchatel et Valangin." In the Treaty of Utrecht (1713) the authority of the King of Prussia is fully recognised.-Ib. p. 1361, 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 Principatûs Neo-Castri et Vallengiœ." (d) Martens, t. iv. pp. 168, 170. Aufnahmsurkunde des Cantons Neuenburg. the government residing in Neufchatel, 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 Neufchatel 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 Neufchatel was incorporated into the union.(e) After undergoing the evils of a revolutionary war, Neufchatel has returned to its ancient relations with Prussia. (f) But in 1857 Fresia senmund te tants The Princit aiche, which qubesteration be kine a memik *CHAPTER V. p.155 [*138] 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 is 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. 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 pefect 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. The Executive Power is lodged in a President, chosen by electors appointed in each State according as the legislature 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 [139] was finally ratified by the thirteen States in 1790:-(b) (e) Annuaire Historique Universel, 1848-9, ch. viii. p. 515; Suisse, Ib. 1850, ch. vii., p. 487. (f) "Neufchatel ist seit dem Wiener Congress: Absehied ein souverainer (monarchiseter) Schweizer, Canton." Note of Morstadt (1851) to his edition of Klüber's Völkerrecht. Annuaire des Deux Mondes, 1850, p. 301. (a) Wheaton's International Law; Story's Commentaries on the Constitution of the United States; Kent's Commentaries on American Law. (b) The articles of the Confederation were finally ratified in 1781. It was superseded by the Constitution in 1790. |