HARVARD UNIVERSITY PUBLICATIONS Harvard Historical Monographs No. 2 INTRODUCTION TO THE STUDY OF FEDERAL GOVERNMENT BY ALBERT BUSHNELL HART. PH.D. ASSISTANT PROFESSOR OF HISTORY BOSTON, U.S.A. PUBLISHED BY GINN & COMPANY COPYRIGHT, 1890, BY THE PRESIDENT AND FELLOWS OF HARVARD COLLEGE. ft* SECOND EDITION. PKESSWOUK BY JOHN WILSON AND SON, UNIVERSITY PRESS. TO Warren STorreg Who during forty years has taught his students to seek and love the truth in history this book is gratefully dedicated PREFACE. ONE of the most striking political tendencies of the last century has been the development of federal government both in Europe and America. Within a hundred years the Swiss confederation has ..grown compact and strong, the German confederation has been remodelled, and tendencies toward an Imperial federal sys- tem are seen in England. On this side of the Atlantic, the Spanish American States have formed several confederations, of which two Mexico and the Argentine Republic seem durable ; and the British continental possessions have been amalgamated into an union. Above all, the United States of America has borne the strain of growth of territory and population, and is to-day the strongest and most firmly established of all federal governments that have ever existed. To the student of American history and politics the study of federal government is therefore a study of the principles under- lying his own institutions. The older forms of federation, previous to 1789, are instructive, because of the influence which they had upon the formation of the Constitution of the United States: in turn, the workings of that Constitution have affected the formation of later federal governments; and the comparison of the most successful existing systems with the United States furnish many points of helpful criticism. This monograph is intended in two ways to aid to a knowledge of federal government. The first or historical portion is an out- line of the political history of the successive federations, with some account of the literature upon each. The second or com- parative part is presented in the appendix containing a parallel [v] vi Preface. view of the four leading federal constitutions now in operation. Each of the constitutions is meant to serve as a practical commen- tary upon the others. In the limits of this monograph more extended -comment is impossible. I desire to express my obligation to Prof. John H. Wright and Prof. E. Emerton of Harvard College for their helpful emendations in the copy for Chapters II. and III. respectively ; to Dr. Charles Gross, of Harvard, for information in regard to the Scotch federated cities and for careful revision of the proofs. Upon the proofs of the bibliographical notes and appendix I have had the valued criticism of the following gentlemen, to whom I beg to make grateful acknowledgment. On the Greek federations, Prof. John H. Wright, and also Prof. J. R. Wheeler of the University of Vermont ; on mediaeval federations, Prof. E. Emerton and Dr. Gross ; on Germany, Prof. F. J. Goodnow of Columbia ; on Switzerland, Dr. J. M. Vincent of Johns Hopkins ; on Canada, Mr. Martin J. Griffin, librarian of the library of Parliament, Ottawa ; on the Argentine Republic, Senor Vicente G. Quesada, Minister of the Argentine Republic in Washington ; on Brazil, Senhor Valente of the Brazilian legation. Mr. W. G. Brown of the senior class has kindly verified the bibliographical references. It is hoped that the cross references in Appendix A, and the Key in Appendix B will make up for any defects of classification in comparing the four Constitutions. This monograph is intended to be a preliminary to a more elaborate work on federal government, in which I hope more fully to study the development of federal ideas, and to compare the actual workings of existing federations. I shall therefore be especially grateful for any corrections. ALBERT BUSHNELL HART. CAMBRIDGE, Nov. i, 1890. CONTENTS. i CHAPTER I. THE THEORY OF FEDERAL GOVERNMENT. FACE I. The doctrine of sovereignty 1 1 2. Non-federal combinations of states 12 3. Dependent states . . / 13 4. Conjunctive unions 14 5. Associations of states 15 6. Nature of federal government 16 7. The treaty theory 17 8. The constitution theory 18 9. Classification of federal governments 19 10. The Staatenstaat 19 11. The Staatenbund 20 12. The Bundesstaat 21 13. Political conditions of federal government 14. Favorable causes 22 15. Advantages 24 16. Disadvantages CHAPTER II. ANCIENT CONFEDERATIONS. 17. Elements of ancient confederations 2 7 18. Greek religious unions. The Delphic Amphictyonic Council 29 19. Greek unions under a hegemony. The Delian League 3 20. Greek political leagues. The Achaean and ^Etolian 3 1 21. Roman revival of Greek confederations 33 22. Early Italian leagues 34 23. Federalism under the Roman Empire 35 CHAPTER III. MEDIAEVAL LEAGUES AND NATIONAL CONFEDERATIONS. 24. Italian leagues (i 167-1250) 3 ? 25. The Rhenish Confederation (1254-1330) [vii] viii Federal Government. PAGE 26. Minor German leagues 39 27. The Hansa (1367-1669) 39 28. Scotch burghs ( 1 295-1 707) 41 ^29. Cinque Ports (1278-1660) 42 30. The Holy Roman Empire (1526-1806) 43 31. The Swiss Confederation (1291-1798) 45 32. The United Netherlands (1576-1746) 47 CHAPTER IV. THE FOUR GREAT EXISTING FEDERATIONS. 33. The United States of America 49 34. United Colonies of New England (1643-1684) 51 35. Colonial unions (1690-1765) 52 36. Continental Congress (1774-1781) 53 37. The Confederation (1781-1788) 54 38. The Constitution (1787-1789) 56 39. Constitutional development (1789-1890) ., . . . . 58 40. The Confederate States of America (1861-1865) 60 41 . Switzerland 62 42. The Helvetic Republic (1798-1802) . . . 63 43. Act of Mediation (1803-1814) 63 44. Constitution of 1815 (1815-1848) 64 45. Constitution of 1848 (1848-1874) 65 46. Revision of 1874 (1874-1890) 66 47. Germany 67 48. Confederation of the Rhine (1806-1814) 68 49. The German Confederation (1815-1866) 69 50. Zollverein (1834-1871) 71 51. North German Confederation (1866-1871) 72 52. Formation of the German Empire (1871-1890) 74 53. Canada * 75 54. Effect of Canadian Union on Australasia (1866-1890) 77 55. Schemes of imperial federation (1875-1890) 78 CHAPTER V. LATIN-AMERICAN FEDERATIONS. 56. Mexico (1824-1835, 1867-1890) 81 57. Central-American Confederation (1824-1839) 83 58. Venezuela (1830-1890) 83 59. Argentine Republic (1860-1890) 84 60. United States of Colombia (1863-1886) 85 61. Brazil (1889-1890) 86 Contents. j x APPENDIX A. CONSPECTUS OF THE FEDERAL CONSTITUTIONS OF CANADA, GERMANY, SWITZERLAND, AND THE UNITED STATES. Explanation of arrangement, additions, and omissions 87 62- 67. PART I. FORMATION OF THE CONSTITUTION 68-104. PART II. THE STATES ; 92-102 ._-. fo8- 73- Relations of the States with the union 74- 78. Form of State governments 79~ &> Interstate relations of the States 86- 97. The powers of the States Ioo 98-104. Limitations on the States IOI ' 105-270. PART III. FORM OF THE GOVERNMENT 103-133 105-207. The legislative department 103-122 105-123. Provisions common to both houses 103 124-147. The lower house 106 148-151. Powers of the lower house in 152-175. The upper house in 1 76-190. Process of legislation 117 191-201. Powers of the legislative department 120 202-205. Limitations on the powers of the legislative department. . 121 206-207. Relations of the legislative with other departments 122 208-246. The executive department 122-129 208-221. The executive head 123 222-227. Organization of the executive department 125 228-240. Powers of the executive department 126 241-246. Relations of the executive with other departments 128 247-270. The judiciary department 129-137 247-254. Establishment of the judiciary 129 255-268. Jurisdiction of the judiciary 131 269-270. Relations of the judiciary with other departments 133 271-^8. PART IV. THE POWERS OF GOVERNMENT *&! 271-280. Division of powers between the union and the States . . . . ( 281-289. Territorial powers 290-343. Powers over citizens 290-295. Status of the citizen 138 296-314. Civil rights of the citizen *39 315-319- Political rights of the citizen. . , H 2 320-330. Judicial rights of the citizen *43 331-335. Establishment of legal relations *45 336-34 1 Religion and religious rights J 4 6 342-345. Education ! 4" 345-374. Financial powers I 47~ I 55 346-349. Administration of finance J 47 350-365. Revenue *49 366. Care of public property l 367-370. Borrowing powers *53 37 J -374- Expenditure J 54 Federal Government. PAGE 375-410. Commercial powers 156-165 375-3 8 3- Movement of commerce 156 384. Means of commerce 158 385-391. Power over railways 158 392-398. Posts and telegraphs 160 399-4 IO > Facilitation and regulation of business 162 41 1-422. Foreign powers 165-166 423-442. Military powers 167-172 443-451. Police powers 172 452-455. Powers of enforcement 173 456-458. Power of amendment 1 74 APPENDIX B. KEY TO THE CONSPECTUS OF FEDERAL CONSTITUTIONS. Explanation of arrangement 175 459. British North America Act (1867) 175 460. Imperial Constitution of Germany (1871) ' 176 461. Federal Constitution of the Swiss Confederation (1874) 176 462. Constitution of the United States of America (1787) ^7 APPENDIX C. BIBLIOGRAPHY OF FEDERAL GOVERNMENT. Explanation of the arrangement of the bibliography 178 463. Previous bibliographies of the subject 178 464. Texts of federal constitutions 178 465. Historical geography of federations 178 466. Theory of federal government 1 79 467. Discussions of federal government 180 468. Historical accounts of federal governments 180 469. The United States as a federation 181 470. Switzerland as a federation '. 185 471. Germany as a federation 187 472. Canada as a federation 188 473. Alphabetical list of works 189 THE THEORY OF FEDERAL GOVERNMENT. I. The doctrine of sovereignty. 2. Non-federal combinations of states. 3. Dependent states. 4. Conjunctive unions. 5. Associations of states. 6. Nature of federal government. 7. The treaty theory. 8. The constitution theory. 9. Classification of federal governments. 10. The Staatenstaat. II. The Staatenbund. 12. The Bundesstaat. 13. Political conditions of federal government. 14. Favorable causes. 15. Advantages. 1 6. Disadvantages. i. The doctrine of sovereignty. 1 The theory of federal gov- ernment is that by dividing the functions of government between two political organizations^a^iia^ional state and a group of asso- ciated local states, the whole process of governing may better be carried on. It is, therefore, apparently in contradiction to the usually received doctrine of sovereignty, viz., that in every politi- 1 The doctrine of sovereignty. A bibliography and comparison of views may be found in the notes to Jellinek, Lehre von den Staatenverbindungen, 6-7. There is an exhaustive treatment of the subject in John Austin, Jurisprudence (1869, and later editions) ; Bliss, Of Sovereignty (1885). Treatises on international law contain discus- sions. See Calvo, Droit International, 41-103; Wheaton, Part I, c. ii, 5-12; Twiss, 12-23; Heffter, 22; Bluntschli in Lalor's Cyclopedia, III, 763-767. Of American commentators consult Wharton, Commentaries, 374; Pomeroy, Constitutional Law, 7-9; Story, Commentaries, 207, 208; Bateman, Political and Constitutional Law, 69-77; Cooley, Constitutional Limitations, I, 2. There is a brief and clear discus- sion in Crane and Moses, Politics, 33-46. Writers on German and Swiss constitutional law have full discussions, as Schuhe, Lehrbuch, 15-17; post 41-47- A discriminat- ing brief treatment will be found in Jellinek, 16-36. The treatises on the United States, and especially on the Confederate States, contain elaborate discussions of state and national sovereignty. See post 33, 39, 40, especially Stephens, Jefferson Davis, and Republic of Republics. 12 Federal Government: Theory. [Ch. i. cal community there not only should be, but must be, in the final ^analysis one and only one power capable of carrying on government. The contradiction arises from a confusion between the body from which decrees proceed and the body which selects the imme- diate decreeing power and may limit its action. The sovereign is that person or body of persons which, in the last resort, may, while observing legal forms, impose its will upon all other persons or bodies in the state. It has, therefore, supreme and unlimited power to do anything that may be done by a political organization ; it may change any law or institution which stands in its way. In countries without a written constitution, it may change all pre-existing laws by a simple act ; the ukase of a Czar or an act of Parliament is complete in itself. Where a written constitution obtains, it limits the exercise of sovereignty, and is therefore itself ttye highest expression of the sovereign will : the body legally possessed of the power of altering the constitution is in all coun- tries the sovereign. Within a federal government, as within other forms, there must reside somewhere an unlimited authority, or group of unlimited authorities. Since two authorities cannot be supreme over the same object, either the constitution-making authority in the states is final for each, or the constitution-mak- ing authority of the union is final for all. 1 2. Non-federal combinations of states. 2 Wherever we have a political community in which there is discernible a supreme will, acting upon the whole, we have a state ; wherever the will is final only for a part of the community, we have a combination of states. All governments are founded upon the principle of association, and the units are usually complex. Even in primitive races the gov- erning authority rarely acts upon individuals alone ; the existence of groups is pre-supposed, families, gentes, or communities, having imprescriptible rights. The extension of the principle to combinations of states is more difficult : fractions of a state can be dealt with by the sovereign power of the state as a whole ; states cannot be submitted to like regulations by any combination of themselves, without losing their sovereignty. Nevertheless, from the beginning of history there have been political communi- ties so connected with other political communities that they have 1 See post 6. 2 Non-federal combinations of states. This subject is usually taken up in dis- cussions of the theory of federal government. See/w/ 466; for details see / archy has given rise to a form of combination arising out of the fact that two independent states may, by the laws of inheritance, have the same sovereign. The simplest form is the "personal union," in which the constitution of neither state is affected by the existence of the other. The empire of Charles V is an exam- ple ; the relation between England and Hanover in 1837 wa of this kind. Another form, to which German publicists give the name " realunion," somewhat approaches a federal government ; under it two or more states, having the same sovereign, agree upon a constitutional modus vivendi for specified common pur- poses. The union between Sweden and Norway is of this kind ; but the most striking case is that of the dual government of Austro-Hungary, in which two countries, each a complexus of semi-independent states, unite for foreign and financial affairs. A third form upon which some writers insist is the "incorporate union," in which two states are united integrally, yet each retains its system of law and its privileges. The usual example, Russia and Poland, shows that the incorporate union is not a union at all. 5. Associations of states. 1 No state exists without coming into contact with neighboring states. The principle in early Roman law, as among primitive nations to-day, is that every stranger is a public enemy. The growth of commerce and the growth of a humane spirit have brought about the acceptance of the opposite principle that the normal relation between nations is one of peace and friendship. This consensus of civilized opinion is expressed in the name Family of Nations, which is a kind of universal informal union. As a part of the general agreement to live peaceably, there have grown up recognized principles as to the relations between nations, to which the term international law is applied ; and more intimate associations have been formed. The simplest is a treaty between two or more powers. Such an agreement unites the contracting parties only in the matters specified; 2 and each power retains the right to judge for itself how far the treaty has been observed by the other parties, and to declare itself absolved if the treaty is in any respect not observed by the other party. 1 Associations of states. The general subject of alliances and treaties lies within the domain of international law. See also Jellinek, 36-60, 91-113* 121-126, 158-172, especially 58-60. 2 On the question of whether a federal union is founded on treaty, see post 7. 1 6 Federal Government: Theory. [Ch. i, In the alliance we see a closer association of states, though still something less than a federal union. The parties may be several ; the objects are of a broader, often of a political, nature. The history of the world has shown that alliances are of short duration, unless expanded into federations. Athens was in alli- ance successively with and against most of her neighbors. Eng- land was allied with Russia against France in 1812, and with France against Russia in 1856. The term " league " is applied to an alliance of rather more general and enduring character ; and some of the stronger leagues have been practically federal governments. A league has several members and a very definite commercial or political purpose. The middle ages abounded in commercial leagues, among which one, the Hanse, 1 was a great political power. The Zollverein, 2 founded in 1834, is an example of a commercial league which laid the foundation for a political union. The present international postal, telegraph, and railway unions are too limited in purpose to consti- tute true leagues. Political leagues differ from alliances in the fact that the number of adherents is usually larger and that the purposes are more general ; they differ from a confederation in that they have no permanent central organization, and in that any member may withdraw at will. The Lombard League 3 is an example; and the present "triple alliance" between Germany, Austro-Hungary, and Italy is a striking modern instance. The so-called balance of powers 4 in Europe is another form oi indefinite union. Without any agreement to that effect, it is nevertheless understood that if any one of the six great powers, England, France, Germany, Austro-Hungary, Russia, Italy, at- tempts to aggrandize itself unduly, a combination of powers, some of which might not be directly affected, will be formed to check the movement. On the other hand, should Europe ever suffer another invasion from the East, the six powers would combine to resist it. 6. Nature of federal government. 5 If the different kinds of 1 See post 27. 2 See post 50. 3 See post 4 European system of balance of powers. Laivrence, The Primacy of the Great Powers, in his Essays, No. v; Holschner in Zeitschrift fiir volkth. Recht, I, 59 (1844) ; Bluntschli, Volkerrecht, 95-114; Lorimer, Institutes, II, Book v, c. iii; Heffter, 6 5 Nature of federal government. For general discussions see post 467. The references to Jellinek, 13, and to Calvo, 49, are a brief bibliography. For brief discus- sions see Geffcken's note to Heffter, 20; Jellinek, 3-16, 315-316; Dubs, Oeffentlicha. Recht, II, 1-7; von Gerber, Grundzuge, p. 24 and Beilage iv; Tucker's Blackstone, I, 71-75 5-7l Associated States. Nature of Federations. \j non-federal unions glide imperceptibly into each other, it is even more difficult to define federal government, and clearly to separate it from looser forms of union. Some of the characteristics which were laid down by writers a few years ago as indispensable, prove lacking in new governments, which are yet undoubtedly federal. Thus it has been held that in a true federation there could be no preponderant state ; but Germany is a true federation, and Prussia is preponderant. Jt has been held that a federation must be built up from previously independent states ; but Mexico and Brazil are formerly centralized states, now sub-divided. Certain characteristics are, however, always to be found in a federal government. ^The aim of a federation is to gain the advantages of the concentrated power of great states, while retaining the advantages of local in- terest found in small states. Accordingly, there is always created some central, permanent authority, having powers applying through- out the federation. That authority must, in part, be representa- tive. On the other hand, the separate states are continued, not as administrative districts, but as units of government, protected by the constitution from federal interference in local matters. In order to make possible the dual government, there must be an elaborate division of functions between the general government and the states, either expressed or sanctioned by custom ; and each must be secure in the exercise of their functions. Furthermore, the union must be established as a permanent government, not ter- minable at the will of any state or group of states, except by the forms of constitutional amendment) 7. The treaty theory. Since most federations have been formed by the voluntary union of previously separate communities, and since the line between federations and alliances is difficult to draw, it has been asserted by many writers that federations are based upon treaty, and are in fact only perfected alliances. The importance of the theory lies in its apparent recognition of the right of a member to withdraw from a union as it could withdraw from a treaty, which, in its opinion, has not been observed by the other party. This is the basis of the celebrated " Compact " theory of the Constitution of the United States, enounced in the Virginia and Kentucky Resolutions of 1798, and in the Report of the Hart- ford Convention of 1814; and elaborated first by Hayne and after- wards by Calhoun, in their debates with Webster, 1830-33. It is this doctrine, also, which gives whatever there may be of legal 1 8 Federal Government : Theory. [Ch. i. ground for the theory of secession, put forward, in Switzerland in 1847, in the United States in 1 860-61. While it is true that many federations have been formed by dip- lomatic negotiation and agreements between the powers concerned, as was the case in the German Confederation of 1815 and the German Empire of 1870 it is equally true that the unions thus formed have been very different from alliances. In the first place, the agreement creates a new organism, different from that of any of the states. "In the second place, there is usually some tribunal framed for settling controversies between states, and between the union and individual states. - ' In the third place, either expressly or by custom, power is given the union to restrain states from with- drawal or from a breach of constitutional obligation. Finally, whether logically or illogically, the union and the states both exer- cise sovereign power over individuals. If federations are founded on treaty, it is a treaty of a peculiar and indissoluble character, by which the contracting parties bind themselves not to exercise the usual rights of treaty-making powers. 8. The constitution theory. Opposed to the treaty theory of federal government is the theory that is based, like simple govern- ments, on the acceptance of a fundamental constitution. When once a federal constitution is framed, there is no visible distinction between its force and that of the constitution of one of the states. Each has its organs, its system of enforcement, and its method of amendment. Federal constitutions are entirely within the domain of public law, and have little trace of international law in their operations. The legislatures of many federations have been con- gresses of ambassadors, acting under instructions ; but when a resolution has been taken, within the legal forms and in exercise of the legal powers of that confederation, it has legally bound all the members. This obligation was recognized even in so feeble a federation as the German Confederation of 1815. Perhaps the most striking support of the constitution theory is the power of amendment without unanimous consent which resides in most modern federal governments. Under the national constitution exist all state constitutions ; whether it is so expressed or not, they include the national constitution in their provisions, and nothing in them can be valid if not in accordance with the national consti- tution. The authority for both the state and the national con- stitutions is in the body, or combination of bodies, having the 7~ 10 ] Classification. jg power to alter the fundamental instrument or conventions of gov- ernment, and thus through legal forms to impose its will to any extent. Both treaty and constitution theory may be so applied, as to avoid theological difficulty of the conception of double sovereignty; under an extreme statement of the treaty theory, sovereignty con- tinues to reside in the states, its exercise being committed for cer- tain purposes to the union ; under the constitution theory it may be said that the sovereignty resides in the body having power to arnend the federal constitution and with it any state constitution ; but that the sovereign chooses to divide the exercise of its powers between two sets of instruments, neither of which can legally per- form the functions of the other. 9. Classification of federal governments. 1 To the classification of federal governments publicists have given great attention with unsatisfactory results. History shows, a great variety of forms, ranging from the lowest possible organization, like that of the Amphictyonic Council to the highly centralized and powerful Ger- man Empire. Many writers deny that any fixed boundaries can be described. The usual classification is, however, into three divis- ions, the Staatenstaat, or state .founded on states; the Staaten- bund, or union of states to which the term Confederacy nearly corresponds; and the Bundesstaat, or united state, which answers substantially to the term federation as usually employed. 10. The Staatenstaat. 2 The Staatenstaat is defined to be a state in which the units are not individuals, but states, and which, therefore, has no operation directly on individuals, but deals with and legislates for its corporate members ; they preserve undisturbed their powers of government over their own subjects. The usual example of a Staatenstaat is the Holy Roman Empire. This conception has been ably supported as the theory of the government of the United States in the book called " Republic of Republics." It is, however, illogical in theory, and never has been 1 Classification of federal governments. See post 465 ; Catoo, 50, 54, and references; Wheaton, Part I, c. ii, 20-22; Jellinek, v-viii, 58-60, 277-278; f* dr*, 102-103; Bernard, Lectures on the American War, 6^2; i Heffter, 20; Schuhe, Lehrbuch, 23-25; Woolsey, Political Science, II, I 4 7-M* 170; Wharton, Commentaries, 137. R 2 Staatenstaat. General references, post 466; Jellinek, I37-'S7. 277-27*? Schuhe, Lehrbuch, 65. 2O Federal Government: Theory. [Ch. i. carried out in practice. The analogy fails between individuals as members of a state and states as members of a union ; for indi- viduals in a society cannot exercise exclusive powers, and it is in the nature of states to perform acts of sovereignty. Nor is it possible for any government to abstract itself from relations with individuals. A Staatenstaat must have an organization of some kind, and that organization must be committed to individuals, who must be held liable for the performance of their duties. While the states preserve their independence, the union is nothing but an alliance : the moment they surrender any part of the sovereignty, they cease to be perfect states. Nor, in the so-called Staatenstaat could there be any peaceful method of securing obedience : indi- viduals yield to judicial process because it is backed by overwhelm- ing force ; states, in the last resort, yield only to war. There may be states within a federation, but no states within a state. Historically, also, the distinction is untenable. The Holy Roman Empire had courts, taxes, and even subjects not connected with the states. In theory it had superior claims upon all the individuals within the Empire ; in practice it abandoned control over the states. ii. The Staatenbund. 1 The second category is better estab- lished. Jellinek says : " When states form a permanent political alliance, of which common defence is at the very least the purpose, with permanent federal organs, there arises a Staatenbund." This form of government is distinguished from an alliance by the fact that it has permanent federal organs ; from a commercial league by its political purpose ; from a Bundesstaat by its limited purpose. In other words, under Staatenbund are included the weaker forms of true federal government, in which there is independence from other powers, and, within the purposes of the union, independence from the constituent states. A Staatenbund possesses a definite and permanent organism, though a limited range of power, and often very imperfect organs. It is not essential to a Staatenbund that it be in terms perpetual ; or that it require amendment by less than unanimous consent. If the treaty theory of federal government have any application, it 1 Staatenbund. General references,/^/ 466; Jellinek, 172-197; Wheaton, Part I, c. ii, 21 ; Geffcken's Heffter, 55, 56; Austirfs Jurisprudence, 217, 264; Cal- hourts Works, I, 163; Federalist, Nos. 9, 21, 39; von Brie, 47, 48. io-i2] Staatenstaat, Staatenbund, Bundesstaat. 21 is to the Staatenbund, for the instrument of government is usually framed by a diplomatic congress ; and the members of the legis- lature may be bound by instructions of their state governments. The Staatenbund form includes most of the federal govern- ments which have existed. The Greek confederations (except perhaps the Lycian and Achaean) and all the mediaeval leagues were of this type : even the strong modern unions of the United States, Germany, and Switzerland, have gone through the Staaten- bund stage in their earlier history. 12. The Bundesstaat. 1 Between the Staatenbund and the more highly developed form, the Bundesstaat, no writer has de- scribed an accurate boundary. There are certain governments, notably those of Canada, Germany, Switzerland, and the United States, in which is found an elaborate and powerful central organ- ism, including federal courts ; to this organism is assigned all or nearly all the common concerns of the nation ; within its exclusive control are war, foreign affairs, commerce, colonies, and national finances ; and there is an efficient power of enforcement against states. Such governments undoubtedly are Btmdesstaaten. Founded as they are on careful written constitutions, with a minute division of powers between the states and the union, they possess all the attributes of vigorous and independent nations, and cannot be likened to alliances. From the Staatenbund they differ in purpose, form, and powers ; but the difference is only one of degree. The framers of such governments have in mind the development of a nation, rather than mere defence ; they have set up a complicated machinery, with large resources and a great staff of officials, rather than the simple meeting of delegates usual in a Staaten- bund ; they have provided for the exercise of powers in a large way, rather than to confine the federal functions to defence ; in cases of conflict with states, it is expected that the nation will carry out its will, rather than that the states will assert their independent powers. The difference is not one of kind ; it is a difference of point of view, of expectation, of means to carry out the national will. Toward this stronger form of union there has been a decided tendency in the last half-century. Under the successful example i Bundesstaat. General references, post 466; Jellinek, 253-314; Wheaton, Part I, c. ii, 22; Geffckerfs Heffter, 53-55; Phillimore, 112; Freeman, Federal Govern- ment, 3-5, 9-11; Dicey, Law of the Constitution, 131-152. 22 Federal Government : Theory. [Ch. i. of the United States, Switzerland and Germany have been' trans- * formed from Staatenbiinde into Bund,esstaaten, and Canada has been created. From a nominal organization as a Bundesstaat the United States of Colombia have become a single, centralized state. There is not now in existence a single Staatenbund; the most recently created federation, Brazil, has preferred the stronger form. It is expected that the approaching Australasian Confed- eration will follow the same principle. 13. Political conditions of federal government. 1 It has already been seen that the theory of federal government is rather an his- torical than a philosophic question. The rise of federal govern- ment, the development of the Staatenbund in mediaeval times, the great importance of the Bundesstaat at present, all point to the fact f* that the federal government is a solution, or an attempt at a solu- * tion, of ever-present political difficulties. The varieties of form are due as much to a change of political conditions, from age to age, as to the growth of political ideas. ~ Almost all confederations have been aggregations of small units. Switzerland with its twenty-two cantons is made up of more than a hundred parcels of territory, each having its separate history: the German Empire of twenty-five states, includes upwards of three hundred once free and independent little nations. There are writers who see in the history of the United States a gradual agglomera- tion of towns into colonies, and of colonies into a union. It has, Ttherefore, often been assumed that federation is a stage on the [_way to centralization. In the cases of Mexico and Brazil, however, the process has been one of segregation ; and the appeals for the federation of the British Empire seem to prove that the system has a hold upon the imagination of civilized peoples, not as a con- venient transition, but as an independent and permanent form of government. 14. Favorable causes. No popular interest, however, can take the place of certain predisposing causes, without which a federal government cannot be kept in operation. Of these, the i first is that the states united should have had some community of origin or history. This is the case in the four great confederations, 1 Political conditions of federal government. See post 467. The best brief discussions are Dicey 's, Baker's, and Freeman' 1 s articles and essays, and the extracts from Mil!, Crane and Moses, and Bentham. 12-14] Favorable Causes. 23 as it was the case in the mediaeval leagues of cities and in the United Provinces. < Even more important is the existence of com mon political interests. A consciousness of common nationality is an aid, but not an essential; it has much hastened the founda- tion of the German union, but has not been present in Canada. In the latter country, however, there was an earlier political con- nection, as was the case in the thirteen American colonies, and in Mexico. /'Common language is less important than it is usually considered : Switzerland exists peaceably without it. Nor has the want of a common religion seriously hindered the foundation of modern federations in Canada, Germany, and Switzerland. A stronger bond of union is found in common national interests, which can be promoted by union. Most federations have owed their origin to the desire to unite the military strength of neigh- bors against foreign aggression ; but for this impulse the Greek cities, the Dutch provinces, and the Swiss cantons could never have been brought together. The wish to promote and to defend foreign trade was important in the growth of the mediaeval unions, and in the formation of the Constitution of 1787 in the United States; and the previous establishment of an unfettered internal commerce has been perhaps the strongest influence in the unification of the^ German Empire. Tfie greatest danger of federal governments is that, in a change of circumstances, interests may cease to be com- mon, and one part of the union may, feel itself burdened for the benefit of another part. To secure the uniformity necessary in dealing with great politi- cal and economic interests, a similarity of political institutions is necessary. The example of Germany has shown that it is possible to combine monarchies and republics in one federal union, but there never has been a successful federation where the parts of the union have had not substantially the same system of law and the same general political institutions. Canada and the United States are not exceptions, since Quebec and Louisiana, while possessing a different civil law, are in most respects assimilated to the rest of the country. Since the Teutonic race has shown the greatest love for per- sonal freedom, combined with the greatest respect for law) k is by that race that the great confederations have been established. More than in simple governments is willingness to yield to the will of the majority essential ; for a minority of states feels stronger 24 Federal Government : Theory. [Ch. i. than a minority of simple voters. On the other hand, it is in that race, also, that a habit of concession to the strong desire of the minority has been most cultivated. Another requisite of federal union is what may be called the ' federal sentiment," a preference for union, even at the sacrifice some interests. A federal government is always a compromise, and can exist only among people accustomed to compromise, and to abide by compromises. To this fact is due the two great suc- cesses of federation in North America, and the slow and prob- lematic development of federal government in Central and South America. No particular form of government is essential in a federation, I except that the central legislature must, in the nature of things, [/have a representative element, and is, therefore, altogether likely to spring from states having a representative system. The Holy Roman Empire, the English, Scotch, and German mediaeval con- federations acknowledged a monarch, as do Canada and Germany to-day. The Greek Confederations, Switzerland, and the United States have been reDubJics. The United Provinces slowly changed ffom an autocratic republic into a monarchy. Monarchical Mexico and Brazil, taking on the federal form, have become republics. 15. Advantages. Being a compromise system, federal gov- ernment has both advantages and disadvantages, when compared either with a system of small independent states or with a single centralized state. / In convenience it is superior to the small states, ^ because it diminishes the number of independent sovereignties, and offers a more permanent system. " It also tends to peace by . avoiding numerous petty causes of international dispute, and by protection from foreign attack. Germany, during the past fifty years as compared with the same country during the first half of ^the eighteenth century, is an illustration. Within the union, also, a federation secures peace : quarrels between the states are settled by pacific methods ; and insurrections against states are put down by the common force. Intercommunication is encouraged, and local jealousies and sectional party spirit are less acute. Most of these advantages are obtained by simple, centralized states ; but among the people who have adopted it, the federal sys- tem is preferable, in the first place, because it can be obtained when centralization would be resisted. No known force could have compelled the American colonies or the German principalities and 1 4-i 6] Advantages and Disadvantages. 25 free cities to unite into a single state.Oylt is easier to get an expres- sion of popular feeling in states than in mere administrative sub- divisions/?Trhe political education of the people is better provided for when separate states are preservedQjLocal government is en- couragedf/\The states sometimes act as balance wheels ; the fear of offendmg a powerful state may restrain the general government from oppressive measures ; and, finall}the continuance of the states, with their local privileges, often prevents the separation of parts of the country, which can endure unfavorable measures but would not endure complete subjection. There can be little doubt that the secession of the Southern States from the United States in 1860 would have come much earlier under a centralized govern- ment, and would have been much more difficult to deal with. The seceding states remained in the union longer, because they thought the bond could be broken, should they so desire, without civil war. 1 6. Disadvantages. Some corresponding sacrifices must be made in gaining the advantages of federal government. Since foreign affairs and other like concerns are exercised by the central authorit$Bhe functions of government are removed from the direct influence of most citizens Sfhe high degree of political education gained in a state like Athens, or a city like Nuremberg, or a colony like Plymouthjlis lost. \ ^ As against me large centralized state, aMfederation has the con- siderable disadvantage of greater complication. To the simple relations of state with citizen are added those of federation with state, and of federation with citizen.Orhe division of power be- tween central and state^governments is a constant source of diffi- culty and ill-feeling, vks a military agent, federal government is inferior; the experience of the United States from i86"i to 1865 proves the difficulty of bringing out the full strength of the coun- try ; and the military greatness of Germany is not due to the federal character of the Empire, but ta the practical consolidation of the government in all military and naval matters. Qrhe maintenance of authority is more difficult than in simpler governments ; the stateTlorm centres of resistance and organization in case of civil war, and impede the prompt suppression of smaller risings, ^he permanence of federal government is less assured because it is less essential. The destruction of a centralized system means anarchy ; buFlhe federal head may be paralyzed without affecting the state governments or seriously disturbing order ; and the crea- 26 Federal Government : Theory. Ch. i. tion of permanent majorities in the national legislature, which may for years together be opposed to the majorities in several states, brings about a condition of unstable equilibrium. ^/Another evil of federal government is the tendency to carry national politics down into state and municipal politics ; to consider state governments not as chosen for the carrying out of state purposes, but as counters in national political combinations. \Federal government requires a high degree of political educa- tion, and a high spirit of observance of lawpUt is, therefore, less adapted for immature countries. Where the conditions are favor- able, and the system is established in a natural manner, federal government secures a large measure of personal freedom, combined with a removal of petty hindrances to trade and intercourse, and a retention of interest in the local concerns which come nearest to the individual. \s ; CHAPTER II. ANCIENT CONFEDERATIONS} 17. Elements of ancient confederation. 1 8. Greek religious unions. The Delphic Amphictyonic Council. 19. Greek unions under a hegemony. The Delian League. 20. Greek political leagues. The Achaean and -^tolian. 21. Roman revival of Greek confederations. 22. Early Italian leagues. 23. Federalism under the Roman Empire. 17. Elements of ancient confederations. Neither the nature nor the conditions of federal government can be deduced by abstract reasoning ; they can be understood only from the expe- rience of ages ; and to the Greeks we owe, like most of our political ideas, the first examples of federation. Treaties, alli- ances, and leagues are older than history ; Assyria was a realm of composite states ; but the first true federation arose on Greek soil. The discovery for such it was was the more femarkable because the fundamental political ideas of the Greeks were as much opposed to a union of states as to a centralized state. The unit was the city : to the Greek mind, union meant the subjec- tion of one of the parties to the other ; to give up independent powers of war and commerce, seemed to the Greek statesmen a giving up of existence. The city was a form of government which stimulated patriotism, and applied power very simply and expedi- tiously. Furthermore, the principle of proportionate representative government was unknown to the Greeks as to the Romans ; and among the Italian cities, as among the Greek, there was a fatal inequality of influence in all the leagues and confederations formed. 1 Ancient confederations. There is no treatise on the subject in general, except Sainte-Croix, Des anciens Gouvernements federatifs(\1^, long since antiquated. Free- man confines himself to the Greek systems. In Pauly, Real-Encychp'ddie der classischen AlterthiMsivissenschaft are articles with abundant references. No attempt has been made to refer to periodical literature. 28 Federal Government: Ancient. [Ch. ii. In many respects, however, the political conditions among Etruscan, Latin, and Greek cities were singularly favorable to fed- eral government. Each group had common race, language, religion, and religious festivals ; the cities were near each other, yet had no tradition of a former centralization ; they had many relations of trade ; they joined in the presence of foreign enemies too power- ful for any state to resist alone. Many of the cities had colonies, suggesting unions of mother and daughter states. They had, espe- cially in Greece, great religious and social festivals, for which local boundaries were obliterated. There was in Greece a spirit of practical statesmanship, which saw both the advantage and the pos- sibility of union, and which made several encouraging beginnings. The Greek federal unions 1 were unable to cope either with 1 Greek confederations. BIBLIOGRAPHIES. E. Hiibner, Bibliographic der klas- sischen Alter thumswissenschaft (1889), 194-203; the notes to the works cited below, especially Busolt und Bauer and Herrmann. HISTORICAL GEOGRAPHY. Droysen, His- torischer Hand- Atlas, Plates 6-8; Freeman, Historical Geography of Europe, I, c. ii, 8, II, Plates i-iv; atlases of classical geography. HISTORICAL ACCOUNTS. Freeman, in his Federal Government has exhaustively treated this subject. His history is, however, rather an account of the influence of federation in later Greek history than a description of the systems in operation. It nearly supersedes the three older books on the subject : Sainte-Croix, Anciens Gouvernements fedcratifs (1799, another edition 1804); J^ittman, Darstellung der griechischen Staatsverfassungen (1812), Buch viii; and Kortum, Zur Geschichte hellenischer Staatsverfassungen (1821). There is some discussion of Greek leagues in general in Kuhn, Entstehung der St'ddte der Alien (1878); Vischer, Ueber die BiLlung von Staaten und Bilnden oder Zentralization ^ind Federation im alien Gricch- enland in his Kleine Schriften (1849), I> 308-381; and a valuable short monograph, Ueber die Bundesverkaltnisse der Griechen, in Jahrbiicher filr Gesellschafts- und Staats- ivissenschaften, vol. 6, pp. 479-499 (Dec., 1866). The general historians of Greece close their works at the beginning of the federal epoch, except Thirhvall, vol. viii. BRIEF ACCOUNTS. Freeman, Greece during the Macedonian Period, in North British Review, 425 (Aug., 1854), reprinted in his Historical Essays, second series, 228-255; Woolscy, II, 175194; May, Democracy in Europe, I, 48, 49, 129131; Mann, Republics, 43-49, 77, 78, 118-129; Fiske, 59, 75-77. Much neglected material may be found in the Ger- man manuals of Greek antiquities: Wachsmuth, Hellenische Alterthumskunde (1846), I, 20-26, II, 62, 67, 73, 158 (also an English translation); Schwalbe, Handbuch (1854), 73-79; Schomann, Antiquitates juris publici Graecorum (1838) and Griechische Alterthiiiner (1871-73), II, Part IV, pp. 1-114. There is a noteworthy treatment of the subject in Herrmann, Lehrbuch der griechischen Staatsalter thiimer, 6 ed. (1889), I, 11-14 ( an English translation of an earlier edition, 1836); Gilbert, Handbuch der griechischen Staats alter thiimer (1881-85), I, 389-417, II, 14, 21-31, 33, 47~57 IO 4-I 2 3 184, 404-419; especially the excellent brief account of Busolt, Griechische Staats- Kriegs- und Privatalter thiimer, in Iwan Milller, Handbuch der Klassischen Alterthumsivissen- schaft, IV, 4 (1887), 54-71, 233-248. The reviews of Freeman's book (set post 464) contain some criticism of the Greek system. Periodicals have not been searched for articles on Greek federation. *7. l8 l Elements. Religious Unions. 29 Macedon or with Rome ; and they went down in the general sub- jugation of Greece. The failure among Etruscans, Romans, and Greeks was due to the same causes : an unwillingness to sacrifice immediate local interests to a prospective good shared by all the members of the union ; and a want of consideration for the weaker members of the union. The cities would not give up sufficient power to make the union strong ; and if it became strong, a power- ful city assumed the hegemony. The principle of proportional representation was undeveloped ; the popular assemblies were influenced by the city in which they were held ; most fatal of all, the pressure of foreign enemies caused the cities rather to divide than to unite ; they made separate terms with the Persian or Macedonian or Roman, rather than enter into a general union. 1 8. Greek religious unions. The Delphic Amphictyonic Coun- cil. 1 In one respect, the Greeks, from the beginning to the end of their national history, had a strong national feeling ; they wor- shipped the same gods, and had a tradition of common religious observances. The great games, which were closely connected with religious festivals, strengthened this bond. For the care and pro- tection of the famous shrines, and for the management of the games in their honor, there were religious assemblies, or amphic- tyonic councils, with members from all parts of Greece, deliberat- ing on matters of common concern. 2 The most important and the oldest was the Amphictyonic Council that assembled periodically at Thermopylae or at the temple of Delphi. Members of, twelve Greek tribes were included, although several of the most important sections of Greece were not represented. The first appearance of the Council in the records is about 595 B.C. ; but it was undoubtedly already a long-established institution. It set a price on the head of the betrayer of Ther- mopylae, in 479 ; it instigated several so-called sacred wars ; it called in Philip of Macedonia, in 346. It never had genuine politi- cal functions, and its federal importance is due to the fact that it 1 The Amphictyonic CouncU. BIBLIOGRAPHIES. Busolt und Bauer, 73; see references in previous note. ACCOUNTS. Tittmann, Ueber den Bundder Amphiktyonen (1812); Sauppe, CommentatiodeAmphictionia(\%T$'> Burgel,Die Pylaeisch-Delphische Amphiktyonie (1877); Busolt, 61-67; Herrmann, 13-14; Woohey, II, 175-179; Freeman, 123-143; Sainte-Croix, 1-114, 271-328; also the standard historians. 2 Minor religious unions. Sainte-Croix, 115-162; Busolt und Bauer, Herrmann, 12. 3<3 Federal Government : Ancient. [Ch. ii. gave to the Greeks an example of common action. Mr. Freeman aptly compares it to the general ecclesiastical councils of mediaeval Europe. The Amphictyonic Council was in no sense a govern- ment and can hardly be called a league ; it was not held inconsist- ent with repeated wars between its members. 19. Greek unions under a hegemony. The Delian League. One of the reasons why centralization and federation were alike difficult in Greece was the fact that there was no predominating state. The experiences of Holland within the United Provinces, and of Prussia within the German Empire, have taught the possi- bility of framing a federation about a powerful nucleus, and several Greek states in succession attempted the same thing ; all failed for want first of power, and afterward of moderation. 1 The most hopeful moment for a federation of Greece was after the defeat of the Persians, in 480, by the joint efforts of the Greek states. About 475 the powerful Ionian cities of the ^Egean Sea and the Asiatic shore united with Athens in the League or Confed- eracy of Delos. Each was to contribute toward a fund for common military defence ; the treasury was at Delos. But the sea lay between them ; their defence must be naval, and Athens was the great naval power. In a few years most of the cities sent money contributions instead of ships ; and Athens, president from the first, became the master. The Confederation of Delos became the Empire of Athens. The confederate treasure was removed to Athens, and was used to beautify the city ; the vitality of the organization was absorbed into the leading state. From equal allies the other cities became dependents ; though usually permit- ting freedom in their local government, Athens could not permit parties hostile to her to gain the ascendancy. In her courts, there- fore, were tried important cases arising in the allied cities, and revolts were pitilessly punished. The government of Athens exercised all the powers of a confederation without constitutional authority, and without representation of the other members. When, therefore, Athens suffered reverses in the Peloponnesian War, her allied cities dropped away and became enemies ; and with her downfall in 404 the Confederacy was at an end. 1 Greek unions under a hegemony. BIBLIOGRAPHY. Busolt und Bauer, 237, 244, 248. The standard historians : Grote, Curtius, Droysen ; Kuhn, Ueber die Entstehung der Stadte der Alien (1878); Kohler, Urkunden und Untersuchungen (1869); Busolt, 233-248. i3-2o] Delian. Achcean. 3I Sparta had now obtained the hegemony ; but the Spartans were far less accustomed than the Athenians either to constitutional limitations or to regard for subject states. The cities found that they had exchanged Athenian influence for Spartan harmosts with almost dictatorial powers ; and that even the Athenian democracy was more sympathetic with them than the oligarchy of Sparta. In the Peace of Antalcidas (387) Sparta entirely abdicated her power in Asia, which had already been shaken by the revolt of the Ionian cities. The spirited rising of Thebes in 379 was the beginning of the downfall of Spartan supremacy in European Greece. A second confederation under the lead of Athens, established -in 378, was unable to restore the power and prestige of the Athenian Empire. The supremacy of Thebes (371) seemed to lay the foundation for a more rational union of Greece ; it was the policy of Epami- nondas to create and support allies, making Thebes only the first among equals ; his death in 362, before his scheme had taken root, took away the last chance of union grouped about a central power : for the Macedonian who quickly followed was not only a conqueror, but also an alien. 2O. Greek political leagues. The Achaean and the JEtolian. Three-quarters of a century of confusion followed the first Mace- donian invasion of 339, without any progress in federation. The so-called Congress of Corinth, formed 338, was rather a hegemony than a confederation. But the Macedonian supremacy had at least prevented centralization about a Greek power, and had at the same time brought about a willingness to give up entire independence, for the sake of destroying foreign rule. About 274 B.C. ten of the cities lying near the scorthern coast of the Gulf of Corinth formed a union, called the Achaean League, 1 from the district of Achaia, of which some earlier traces are to be found in the period of the Peloponnesian War. They were among the weaker cities of Greece, not one of them having important commerce ; their object was wholly political, to rid themselves of Macedonian and domes- tic tyrants. By the accession of Sikyon in 251, with its large and rich population, the league became a great political power. Under the enlightened leadership of Aratos, many times re-elected to the 1 Achaean Confederation. General references, ante 17; Klatt, Forschungen zur Geschichte des achaischen Bundes (1877) ; Weinert, Die achaische Bundesverfassung (1881); Dubois, Les ligues etoliennes et acheenne (1884); Freeman, 218-322, 353-7*5; IVoolscy, II, 181-193; Washington, IX, 523, 32 Federal Government: Ancient. [Ch. ii. chief magistracy, it waged successful war and rose to be the first power in Greece ; its territory steadily grew ; it embraced Corinth and offered Athens a place. Before the death of Aratos in 213 B.C. the league had begun to come into unfriendly relations with the two powers between which it was finally ground to powder. Between Macedon and Rome, neutrality was impossible ; the confederation was obliged to choose Rome ; from 198 to 146 it led a separate though dependent existence. In 145 it was crushed and destroyed. " For a hun'dred and forty years," says Freeman, " the league had given to a larger portion of Greece than any previous age had seen, freedom, unity, and general good government." Of all the confederations of history before 1781, the Achaean had the best military and foreign system : it had an excellent executive, and even the rudiments of a federal judiciary. The legislative department was the most defective ; the great popular assemblies, although they voted by tribes, were sensitive to the influence of the city in which they met ; and the whole system was too dependent on the personal weight of its great men. The con- stitution was elaborate and was probably committed to writing ; but in the midst of external war and internal confusion, the dura- tion and success of the league depended on the spirit of concession and forbearance which distinguished this from all other Greek leagues. 1 On the north side of the Gulf of Cwsin-th^-amowg the group of ^Etolian mountain communities, 1 grew up a league which was fre- quently at war with the Achaean. In outward form the ^Etolian League much resembled its neighbor ; but its people were fewer :afld much less highly civilized, and ^Etolia had many outlying dependencies, while Achaia was compact. In many respects the ^Etolian League suggests the old Swiss Confederation ; the people of both were mountaineers, fond of conquest, and hard masters to conquered peoples. ^Etolia was one of the first Greek regions to come into contact with the Romans : the two powers, in 211, made a compact for the mutual conquest of Greek neighbors; in 189 the Romans reduced their Grecian friends, and ^Etolia became the first "dependent ally" of Rome : the federation was despoiled of large parts of its territory, and lost its distinctive federal government. 1 JEtolian Confederation. General references, ante 17; Brandstatter, Ge- schichte des atolischen Z0 39*. In the compendiums passages will be found in Becker, Handbuch (1843-49), III, 25-37; Nagele, Studien (1849), 36, 37, 55-72; Marquardt, Romische Staatsverwaltung (1873-80), I, 44-80, 208-210, 322-332, 503-515; Madvig, Verfassung und Verwaltung (1882), II, c. vii, 5, 8, II, 15. Periodicals doubtless contain other material. 21-23] Italian and Roman. 35 each other against foreign attack; eventually they were broken up, either by the Romans, or by the third race, the Gauls. The Greek cities in Italy united, and were detached one by one before the advancing power of Rome. The city which was to rule the civilized world was itself in earliest times a member of a Latin league, one of the thirty cantons united under presidency of Alba, for a common religious rite. After the destruction of Alba, Rome became allied to the league, which had an assembly and a dictator ; peace was to be observed within the league, and common defence against internal enemies. In no long time Rome began the century-long process of first assuming a hegemony over her neighbors, then a protectorship, and then a supreme control. In the middle of the fifth century B.C. the Latin towns had become substantially independent. In 341 B.C. the Latin cities rose, were subdued, and became completely dependent. The tribes of Central Italy also had confederations ; but the only one which sensibly affected Rome was that of the Samnites. In circumstances they suggest the yEtolians ; but they were much less closely organized, and they, too, were compelled to accept the Roman yoke. Thenceforward no permanent combination of cities or of mountain cantons existed in Italy, except the common con- trol of Rome. 23. Federalism under the Roman Empire. 1 Republican and imperial Rome were alike in their relations to the territory added by conquest ; in great matters war, relations with foreign powers there was complete subjection to the Roman policy. No legal means of opposition to the government centred at Rome existed ; and resistance was punished often by annihilation. As regards internal affairs, the cities, and even, in some cases, the provinces, had almost undisturbed self-government. The effect which usually follows from federation was present, a division of powers between local and central organs. The element which constitutes the essence of federal government was absent ; the people, very imperfectly represented in their own countries, were not represented at all in the republican or imperial governments. Provincial assemblies, with powers of complaint, were summoned. But in Spain the cantonal unions which had existed disappeared. 1 Leagues remaining under the Empire. Mommsen, Provinces (English trans- lation by Dickson, 1885), has a few scattered references: I, 35, 60, 71-73, 9-93, '68, 191- See also von Brie, Bundesstaat, II; Arnold, Provincial Administration, 201-216. 36 Federal Government : Ancient. Ch. ii. In Gaul there was an assembly representing the three tribes, a shadowy suggestion of federation ; and cantonal unions were ac- knowledged. A similar permission to regulate the affairs of neigh- boring cities or cantons by a collective government was given in Greece ( 22). But the proconsul or the propraetor everywhere could call in the might of Rome. The feeble imitations of former federations set up by Rome were the last flicker of the old federal spirit. When in A.D. 54 the Lycian League ceased to exist, no other federal government appears in the world's history for more than a thousand years. V CHAPTER III. MEDIAEVAL LEAGUES AND NATIONAL CONFEDERA- TIONS. 24. Italian leagues (1167-1250). 25. The Rhenish Confederation (1254-1330). 26. Minor German leagues. 27. The Hansa (1367-1669). 28. Scotch burghs (1295-1707). 29. Cinque Ports (1278-1660). 30. The Holy Roman Empire (1526-1806). 31. The Swiss Confederation (1291-1798). 32. The United Netherlands (1576-1746). , 24. Italian leagues (1167-1250). 1 During nearly five cen- turies the Roman Empire impressed upon the world as a principle of government the centralization of power in a vast territorial state, in which the cities were elements, but not units. That tra- dition long operated against the development of separate states, and was continued in the Byzantine Empire. The feudal system, notwithstanding its disintegrating tendencies, perpetuated the idea of a nominal centralization ; and the cities arose under the patronage, if not under the control, of the territorial sovereigns. 1 Italian leagues. BIBLIOGRAPHY. G. Ottino, Saggio di una bibliografia della Lega Lombarda, in C. Cantu, Omaggio della Societa Storica (1876). A bibliography might be made up by search among periodicals and Italian and German books. HISTORICAL ACCOUNTS. No systematic account in English has been found. Information maybe found in Sismondi, Kalian Republics (1832), c. ii, iii; Hallam, Middle Ages, I, c. iii, Part i; Milman, History of Latin Christianity (1861), Book viii, c. vii, Book ix, c. iii; Balzani, The Popes and the ffohenstaufen (1889); Chenier, Histoire de la Lutte des Papes ( ). The important treatises are : J. Voigt, Geschichte des Lombardenbundes (1818); Hegel, Geschichte der St'ddteverfassung von Italien (1847); C. Vignati, Storia diplomatica della Lega Lombarda (1866); C. Cantu and others, Omaggio della Societh Storica Lombarda al 7 centenario della Battaglia di Legnano (1876); L. Tosti, Storia della Lega Lombarda (1886); Giesebrecht, Geschichte derdeutschen Kaiserzeit (1880). BRIEF ACCOUNTS in Mann, Ancient and Medieval Republics, c. ix, pp. 4 IO ~43 6 ; May, Democracy in Europe, I, 283-288, 299-303. Freeman has an essay on Ancient Greece and Medieval Italy in his Historical Essays, second series (1880), 1-52; re- printed from National Review (Oct., 1862). [37] 38 Federal Government : Mediceval. [Ch. Hi. About the twelfth century, however, many of the conditions of ancient cities were reproduced. Many cities became practically independent ; they had large military strength ; they had close commercial relations with each other. Two reasons, therefore, brought about a second era of confederation : the cities desired to protect commerce between themselves, against lawless robber- knights -and potentates ; and they desired to secure and to extend their political freedom against neighboring states, and even against the Emperor. 1 The latter was the ruling motive in the first of the great medi- aeval confederations, the Lombard League. After a long period of little interference from the Emperor in Germany, Frederick Bar- barossa undertook to assert his dominion over Italy. Every city was compelled to take sides with or against the representative of central power. In 1167 several of the Lombard cities united in a military league. Their combined strength was successful, and in 1183 Frederick confirmed the privileges of the cities. In 1226, and again in 1239, the league was renewed against Frederick II. A counter or Ghibelline league, with Pavia at the head, was also formed. Most of the Tuscan cities were united in defence of the Pope into a similar league about 1200. All these leagues were temporary in character. The only cen- tral organization which appears was an occasional congress, the Rectores Societatis Lombardice, which consulted on common interests. Unwilling cities were sometimes compelled to join the union, and the bond was one of simple self-protection ; when the wars ended, the leagues broke up ; and several of the cities, as Milan, became centres of territorial states. No permanent federation resulted. 25. The Rhenish Confederation (1254-1350). 2 It is hardly too much to say that the Lombard League led naturally to the leagues of German cities. The exhausting efforts of the Hohen- staufen Emperors to secure dominion in Italy compelled them to grant privileges to the cities in Germany ; the weaker emperors, who followed, bought support with new charters and privileges. 1 See the Holy Roman Empire, post 30. 2 Rhenish Confederation. Schaab, Rheinischer Stadtebund (1843-45); Menzel, Rheinischer Stadtebund (1871); Busson, Zur Geschichte des grossen Landfricdensbundes (1874); Weizsacker, Der rheinische Bund (1879); K. Beck, Zur Verfassungsgeschichte des Rheinbundes (1890); the standard German histories and treatises on the Holy Roman Empire,/^/ 30; the treatises on the Hansa, post 27. 24-27] Italian and German Leagues. 39 The inability of the Empire to keep the peace or to protect com- merce led speedily to the formation of great unions of cities, usually commercial in origin, but very soon becoming political forces of prime importance. The first of these was the Rhenish League, formed in 1254. The more important cities of the Rhine valley, from Basle to Cologne, were the original members ; but it eventually had seventy members, including several princes and ruling prelates. The league had Colloquia, or assemblies, at stated intervals; but, beyond deciding upon a general policy, and the assignment of military quotas, it had no legislative powers. There was, however, a Kommission, or federal court, which acted as arbiter in disputes between the members. The chief political service of the league was to maintain peace during the interregnum in the Empire (1256-1273). During the fourteenth century it fell apart, and many of its members joined the Hansa or the Suabian League. 26. Minor German leagues. 1 The significant principle of the Rhenish League is that it was made up of cities acknowledging the sovereignty of the Empire ; it was an organization within a greater organization. To the mediaeval mind there was no dis- loyalty in alliances which frequently opposed the will of the sover- eign ; and many other leagues were formed on the same model. Thus in 1377 seventeen Suabian cities, which had been mortgaged by the Emperor, united to defend their liberties. They received many accessions of German and Swiss cities; but in 1388 they were overthrown by Leopold III of Austria, and all combinations of cities were forbidden. A federal government they cannot be said to have possessed ; but political, almost federal relations con- tinued during the fifteenth century. The similar leagues of Frankfort and Wetterau were broken up about the same time. Other leagues of cities and cantons were in a like manner formed and dissolved, among them the leagues of Hauenstein and Burgundy; and there was a confederation in Franche Comte, afterward French territory. 27. The Hansa (1367-1669). 2 All the mediaeval leagues thus far mentioned were defensive, and had no extended relations 1 Minor German leagues. In treatises on the Hansa, post 27, and on the Holy Roman Empire, post 30; Zurbonsen, Der Westfdlische Stddtebund -von 1253-1298 (1881) ; May, Democracy in Europe, 250-253. 2 The Hansa. BIBLIOGRAPHIES. Jastrow, Jahresbericht der Geschichtswissenschaft 4 Federal Government : Mediceval. [Ch. iii. beyond their own borders. The great Hanseatic League, organized as a commercial union, developed into a political and international power, which negotiated and made war on its own account with foreign and German sovereigns ; and which was for two centuries one of the leading powers of Europe. As early as 1259 appear evidences of a commercial union between the cities of Liibeck, Rostock, and Wismar on the Baltic ; in 1283 a Landfriedensbiindniss was formed, which included several neighboring provinces. During the next century repeated alli- ances of like nature were formed. The first object of these unions was to protect the merchants of the associated towns in foreign countries. A secondary and far more important purpose was brought upon the league by the threatening attitude of the king of Denmark. In 1367 a great league was formed at Cologne, which united the Baltic cities and many inland towns against him. Most, but not all, the members were included in the Holy Roman Empire. Many of them were " immediate," and thus relieved from allegiance to any territorial prince. About this time the term "Hansa" began to be used. Success in the war made the confederation the leading power of the Baltic ; and for about two centuries it controlled the trade between Russia and the West. Eventually, most of the cities of North Germany, from Livonia to Denmark, became members. The growth of the Russian power in the east, the discovery of the Archangel route for English trade, and the expulsion of the Hansa merchants from England in 1598, united with the growth of Sweden, caused the decline of the inter- (1878-1889); Dahlmann und Waitz, Quellenkunde, 3 Aufl. (1883); Muhlbrecht, Wegweiser, 4, 5, 59, 195, 222; see also treatises below and/0.tf 30, 47. TEXTS AND RECORDS. K. Koppmann and others, Hanserecesse (1870- ); Hohlbaum, Hansisches Urkundenbuch (1876-86); Wehrmann, Liibeckische Zunftrollen (1864); Hansische Geschichtsbldtter (1872-90). HISTORICAL GEOGRAPHY. Droysen, Atlas, Plate 28; Free- man, Historical Geography, I, c. xi, 3. TREATISES AND FORMAL HISTORIES. Sar- tor ius, Geschichte des Hanseatischen Bundes (1801); Mallet, De la Ligue Hanseatique (1805); Sartor ius, edited by Lappenberg, Urkundliche Geschichte des hansischen Stahl- hofs zu London (1851); Gallois, Hansabund (1851); Bartha, Geschichte der deutschen Hansa (1853-54); Worms, Histoire Commercial de la ligue Hanseatique (1864); Sch'dfer, Die Hansestddte und Konig Waldemar (1879); Sch'dfer, Die Hansa und ihre Handelspolitik (1885), a good short account; Winckler, Die deutsche Hansa in Russ- land (1886); Helen Zimmern, Hansa Towns (1889), the best account in English. BRIEF ACCOUNTS. Denicke'vs\ Sammlung gemeinverstdndlicher Vortr'dge, Band 19, p. 36; Foreign Quarterly Review, vol. 7, 130. This list might be much increased by search among German bibliographies and periodicals. 27, 28] The Hansa. 4I national power of the Hansa; and the religious struggles of the sixteenth century, followed by the Thirty Years' War, completed the ruin of the confederation. The last attempt to hold a federal diet was in 1669. The name Hansa is still retained as a title of honor by each of the three cities of Hamburg, Liibeck, and Bremen. In organization the Hansa showed a federal spirit rather than a federal form. The central authority was the Bundestag, or assembly of instructed delegates ; but the large cities were prac- tically centres of groups of smaller neighbors, and although a majority vote of the delegates was binding, the consensus of most of the large cities was necessary. . At the same time the cities were represented in the imperial Reichstag, and accepted imperial laws and administration. Throughout the history of the confederation, Lubeck took the lead in all important matters. The great object of the league was to secure a commercial monopoly for its members, and an effective machinery of embargoes and interdicts was brought to bear upon nations which refused to the Hansa its accustomed privileges. The league made war and peace and conducted a com- mon diplomacy ; and the freedom of the members from external interference was assured. There was also some provision for judicial settlement of disputes between the members. As a politi- cal organization the confederation lacked unity ; and it proved unable to preserve its members from the horrors of the Thirty Years' War. But it aided to maintain peace in troubled times ; and the tradition of the Hansa undoubtedly had effect in the founda- tion of the Zollverein of 1834, and thus in the present federalization of Germany. 1 v* 28. Scotch burghs (1295-170?) . 2 The impulse of commercial cities to confederate, even while admitting the supremacy of a sovereign, was not confined to Germany, but was shown through- out Western Europe. The "Hermandad" of Spain and the " Hanse de Londres " of Flemish and French cities were of a sim- ilar type. Some traces may be found of a confederation of cities in Ireland. In Scotland, however, there is still in existence a 1 See post 47, 50. 2 Scotch burghs. Innes, Scotch legal Antiquities, 113; see also Report of k cipal Commission, Scotland (1835-36); Miscellany of Scottish Burgh Records Society, Introduction (ed. 1881). The best account is Mackay, Convention of royal Bu, (1884). The records have been published by Marwick, others by Innes.- also Encyclopedia Britannica, Qth ed., Art. Boroughs. 42 Federal Government : MediczvaL [Ch. Hi. league of cities of which the origin may be traced to the so-called Parliament of the Four Burghs, which is mentioned as early as 1295. In 1487 all the Royal Burghs in Scotland were invited to send representatives to an annual meeting, and the assemblies have been repeated to the present day. The peculiarity of this association lies in the fact that it was created by royal authority, and usually supported the Crown against the nobles ; and that the Convention was accepted as the organ of all Royal Burghs. The league had commercial regulations with the Hansa and maintained factories in ports on the Continent. In political matters, at home or abroad, it mixed very little, though it insisted on certain privileges when James became king of England. Disputes between Burghs were often adjusted by the Convention, and it busied itself in such matters as the establishment of inns, the erection of a College of Physicians, and, above all, in the commercial privileges of.' Scotchmen and of foreigners. By the Articles of Union of 1707, the rights and privileges of the Royal Burghs were guaranteed ; among the privileges was that of assem- bly in convention ; and meetings are still held for the discussion of commercial topics of common interest. 29. Cinque Ports (1278-1660) .* Although the growth of cities in England in many respects was very like that on the Con- tinent, there appears to be but one case of federation of cities, that of the Cinque Ports. As in Scotland, the league was formed under royal authority ; but the purpose was very different. The Cinque Ports were the towns on the part of the coast most exposed to attack from over sea ; and they received their privileges in order to aid them in defending the realm. For several generations they furnished ships, which took the place of a royal navy. The first charter which is preserved dates from 1278 ; but there is abundant evidence of earlier charters. The last assembly was held in 1887. So far as the English government was concerned, the Cinque Ports were treated as a body of towns, each of which had by custom and charter extraordinary privileges of self-government ; there was, however, a Lord Warden, or royal governor, over all the Ports. Within themselves, the Ports had an elaborate organization with 1 Cinque Ports. T. Mantell, Cinque Ports (1828) ; local histories of Dover, Has- tings, Rye, Sandwich. The best account is Burrows, Cinque Ports (1888); S. Jeake, Char- ter of the Cinque Ports (1728); see also Encyclopedia Britannica, 9th ed., Art. Cinque Ports; on a league of Danish boroughs, Palgrave, English Commonwealth, I, 644, 645. 28-30] Scotch and English Leagues. A-> many federal features. There was an assembly which regulated the Yarmouth Fair and decided on common naval and commercial matters. There was a hierarchy of " Head Ports," of " Limbs," or " Corporate Members," and of non-corporate members. There was the Court of Shepway, a common central tribunal, which eventually became merely a high court of appeal, In many respects, the peculiar government of the Cinque Ports was a survival of feudal conditions : they were relieved from ordinary laws of taxation, and were undisturbed in their local affairs, and for a time given a special representation in the English Parliament ; in return, they rendered a special service, that of defending the realm on the sea. When the royal navy was developed under Henry VIII, there was no longer any need of the service ; the privileges were for a time absorbed by the Lord Warden ; and the assembly met only irregu- larly after 1600. The forms were still kept up, but the life of the league departed about the time of the revolution of 1643. The honorable sinecure of Lord Warden of the Cinque Ports, and the title of Baron, still borne by their members in Parliament, alone survive. 30. The Holy Roman Empire (1526-1806) .* Both the Italian and the German leagues of cities marked a gradual change in the conception of government. They were in spirit a denial of the 1 Holy Roman Empire. BIBLIOGRAPHIES. Dahlmann, Quellenkunde, ed. Waitz, 3 Aufl. (1883), especially 67-72; Lorenz, Deutschlands Geschichtsquellen im Mittel- alter ; see also post 471; introductions to most of the German treatises on public and constitutional law; Schulze, Lehrbuc'h, 118; Putte*', Liter atur des Staatsrechtes, Absch. Ill; Kluber, Fortsetzung, 245; von Brie, Bundesstaat, 3-5. TEXTS in the treatises and collections post 41; O. Stobbe, Geschichte der detitschen RechtsqueUen (1860-64). HISTORICAL GEOGRAPHY. Droysen, Atlas, Plates 22-45; Spruner-Menke, Plates 1-7; . Freeman, Historical Geography of Eiirope, I, c. viii, I. Of CONTEMPORARY DISCUS- SIONS may be cited : Pufendorf, De statu imperii germanid (1667) (German translations, 1871, 1878); H'dberlin und Senckenberg, Umst'dndliche deutsche Reichshistorie, 52 vols. (1763-1806); Putter, Grundriss (1763-95), and Historische Entwickelung (1786). SYSTEMATIC HISTORIES: W. Robertson, History of the Reign of Charles V (1769); Eichhorn, Deutsche Staats- und Rechtsgeschichte (1808-23); Zopfl, Deutsche Rechtsge- schichte (1836, 4 Aufl., 1871) ; Giesebrecht, Geschichte der deutschen Kaiserzeii; especially Waitz, Deutsche Verfassungsgeschichte (2 Aufl., 1865-85); Bryce, Holy Roman Empire, especially 340-365; Turner, Germanic Constitution (1888); Jastrow, Pufendorf s Lehre von der Monstrosit'dt der Reichsverfassung (1882). Almost all the German treatises on public and constitutional law contain brief accounts: Schulze, Lehrbuch, 26-34; Zacharid, Deiitsches Staats- und Bttndesrecht, I, c. ii; Aegidi, Staatsworterbuch, Band 8, s. 702-719; R, Schroder, Deutsche Reichs- und Rechtsgeschichte (1887-88); see also Hallam, Middle Ages, II, c. 5; Jellinek, 142-145; Koch, Histoire des Trait'cs, c. i, sec. i. This list might be indefinitely extended, especially by search among periodicals. 44 Federal Government : Medi&val. [Ch. iii. right of the German king to absolute dominion ; and the period of the greatest power of the Hansa is a period when the Holy Roman Empire was undergoing transformation from a centralized state into a loose confederation. The conception of a world-wide, empire which Charlemagne had almost realized, had been destroyed by the independent growth of a French and a Spanish nation. After the resistance to Frederick II, by the Lombard League, 1 Italy could not be held within the Holy Roman Empire : after the development of Austria, of the Hansa, and of other powerful states, the Emperors were compelled slowly to yield charters, privileges, and exemptions to cities and princes, who gradually become terri- torial sovereigns. Maximilian I was the last Emperor who strove to create common imperial institutions. After his time the states became in all essentials politically independent : their policy might be regulated by fear of powerful neighbors, but not by respect for the Empire. The Reformation divided the Empire, not into two states, but into two hostile camps. The Thirty Years' War still further disintegrated the Empire and weakened its hold on the fragments. In the seventeenth and eighteenth centuries Prussia rose to be a power, then a kingdom, and finally the rival of Aus- tria. During the last fifty years of its existence the Holy Roman Empire was a convenient expression for the region dominated by the resultant of Austrian and Prussian diplomacy. The complexus of small lay and ecclesiastical states in the west owed their con- tinuance to the rivalries of their two powerful neighbors. The French Revolution destroyed this unstable political equilibrium : the lay states devoured the ecclesiastical ; the large states absorbed the smaller. By 1806 France became the master of the western third of the Empire, and in that year Francis of Austria formally renounced the title of Emperor, and the confederation was at an end. That under such conditions a general government could endure at all is a striking proof of the hold which the Empire had on the imagination of the German people. In its last estate the Empire was so confused and complicated that Pufendorf, in his legal trea- tise, calls it a " Monstrum." Of the three hundred or more states, about a fourth were free cities of the Empire ; perhaps another fourth were ecclesiastical territories ; the rest were hered- 1 Ante 24. 3> 3 1 ] Holy Roman Empire. 45 itary monarchies. Under the states, great and small, lay and ecclesiastical, republican and absolute, stood further dependent communities, cities, and parcels of territory. Founded in feudal- ism, the forms remained after the vigor of the system was gone. It was the constant aim of all dependents to become " immediate " ; that is, to be free from all allegiance except to the Empire : and thus the number of petty states increased. It was the policy of the states to annex or "mediatize" their smaller neighbors. The forms of a common government were preserved to the last. The Emperor in theory was a part of the legislative body, and had great powers of administration. Practically he could do little more than charter universities, grant patents of nobility, and declare war, which he might carry on at his own cost. The Reichs- tag, or legislative body, sat in three houses, each subdivided ; and after 1648 in all matters affecting their religion there was the itio in paries , the right of each religious confession to veto the proceedings of the other. The procedure was so ingeniously confused that legislation was next to impossible. There were three federal courts, but they had little power, except in a few civil cases. The only method of securing the obedience of the states was by a formally declared civil war. The Empire was unable to protect its frontiers or to secure internal peace. It can hardly be said to have lived during the century preceding its death. 31. The Swiss Confederation (1291-1798). 1 While the Em- pire was becoming first a confederation and finally a congeries of states, the Swiss were slowly building up a union which lasted five hundred years, and after a brief interval of foreign conquest, has lasted another three-quarters of a century. Like the Rhenish Confederation, 2 it was founded among "immediate" members of 1 The Swiss Confederation. BIBLIOGRAPHIES in the constitutional treatises; see post 470. TEXTS of documents in Oechsli, Quellenbuch, and elsewhere; see post 470. HISTORICAL GEOGRAPHY. Droysen, Atlas, Plate 25; Freeman, Historical Geog- raphy, I, c. viii, 6. ACCOUNTS in the standard histories and treatises: Bluntschli, Geschichte des schweizerischen Bundesrechts, especially I, 394-412; Dandliker, Geschichte, I, 342-398, 544-558, II, 335-348; Rilliet, Origines; Koch, Histoire des Traites,\\\', Meyer, Geschichte, and Eidgenossische Bundewerfassung ; Blumcr, Staats- und Rechts- geschichte der schweizerischen Demokratien (1850-59); Liebenau, Geschichtliche Ursachen der Entstehung (1887); J.Kopp, Geschichte der eidgenossischen Biinde (1874-82); Pfaff, Staatsrecht der alten Eidgenossenschaft. - BRIEF ACCOUNTS in May, Democracy Europe, I, c. viii, ix, 333-403; Orelli, 5 -l 3 ; Dubs, pp. 8-10; Calvo, 555 ^ashmgtof Works, IX, 524; especially introductions to Moses and Adams and Cunmngha 2 Ante 25. 46 Federal Government : Medieval. [Ch. iii. the Empire during the confusion of the thirteenth century. The first three cantons were mountain communities, which in 1291 leagued together against their neighbors the Hapsburgs, who showed a desire to " mediatize" them. As the Hapsburgs held the Imperial dignity, the connection with the Empire was also involved. The union, called the "League of the Three Lands," was scarcely more then a defensive league ; it made itself famous by the defeat of the Archduke Leopold, at Morgarten, in 1315; for several centuries to come the Swiss infantry had the same reputation for invincible courage as that possessed by the Spartans. The league passed through a second phase by the addition, between 1332 and 1353, of the three rich commercial cities of Zurich, Berne, and Lucerne. Two other country cantons com- pleted the " League of the Eight Old Places," which maintained itself for a century and a half against Austrians and Burgundians. A third phase of the confederation is marked by the accession, 1481 to 1513, of five new cantons, including four cities. This "League of the Thirteen Places" received no new members down to 1797, but was allied with several neighboring little confedera- tions, especially the Orisons. Nevertheless, the bounds of the confederation were much ex- tended : the conquered districts, instead of being created into new cantons, remained subject, in some cases to individual cantons, in others to associations of cantons for their members jointly, or to the confederation as a whole. These dependent lands were admin- istered with harshness, and their people had no political rights. The Reformation threatened permanently to divide the union ; but the instinct of self-preservation compelled the Catholic and Protes- tant cantons again to draw together. The federal principle was expressed less in the government than in the habit of the Swiss of acting together in foreign affairs, and agreeing to settle internal difficulties otherwise than by war. The only federal organ was the Tagsatzung, or Diet, which was made up of instructed delegates : the idea that the minority of cantons was bound by the decision of the majority took root very slowly. In internal affairs they made few general laws, but depended on remonstrance and mediation. During the eighteenth century the league lost much of its mili- tary prestige, and the cantons were rent by internal dissensions. The subject lands clamored for equal privileges with other Swiss. The aristocratic city governments got on badly with the democratic 3 1 * 3 2 1 Swiss and Dutch Confederations. 47 cantons, and were confronted by a democratic party within their own walls. As a neutral state, lying between Austria and France, the confederation was subject to the influence of both. The can- tons made direct treaties with foreign powers, and in 1797 the French entered under the pretended authority of a cantonal treaty, and the union was overthrown ; the oldest republic in Europe was struck down by the newest. 32. The United Netherlands (1576-1746) - 1 The seventeenth century is marked by the rise, glorious history, and gradual centrali- zation of that confederation which in history and government most nearly resembles the United States of America previous to 1787. The Dutch provinces had never been politically united, except by subjection to a common sovereign. The cities of the Low Coun- tries had long enjoyed peculiar privileges of self-government. The provinces extorted similar privileges for themselves, but had no common organization. The impulse to union was given by the relentless effort of Spain, in whom the sovereignty was then vested, to suppress the Protestant Reformation. It was combined with such a disregard of charter privileges that Catholic provinces at first joined the movement. In 1576, by the Pacification of Ghent, there was formed a central organization. In 1579 the final union was formed ; and under that document the United Nether- lands continued as a federal government until 1746, when an hereditary Stadholdership was accepted. The organization of the Netherlands was distinctly federal. A congress of delegates, the States General, deliberated for the whole commonwealth, and had power of war and peace, and of levying federal customs duties; its recommendations, within the 1 United Netherlands. BIBLIOGRAPHIES. Tiele, Nederlandsche Bibliographic (1884) ; Foster, Monthly Reference Lists, No. 100 (July, 1884) ; Mead, Outline Studies of Holland, 9-15; Lalor, Cyclopedia, II, 1003; Adams, Manual, 461-464. HISTORICAL GEOGRAPHY. Droysen, Atlas, 38, 69; Historischer Schul- Atlas, Plate xxi. HISTORICAL ACCOUNTS. Juste, Histoire de la Revolution des Pays-Bas (1855-63) ; Wicqutfort, Histoire des Provinces Unies des Pays-Bas (1861-74) ; Wenzelburger, Geschichte der Niederlande (1879); Kluit, Historia der Hollandische Staatsregierungs ; A. Young, History of the Netherlands (1884); other Dutch authorities cited by Lalor (the author of this mono- graph has no acquaintance with them); Motley is nearly valueless for the constitution of the United Provinces. One of the most useful accounts is by Treitschke, Die Repub- lik der Vereinigten Niederlande, in his Aufsatze, II, 401-543- BRIEF ACCOUNTS. May, Democracy, c. x, xi, II, 1-84; Woolsey, II, 223-236; Washington, IX, 527-532; Motley, Dutch Republic, III, 409-417, and John of Barneveld, II, 167-169, 187; Laveleye 11 Revue des Deux Mondes, IV, 865-891 (1874). 48 Federal Government : Mediceval. Ch. iii. purposes of the confederation, had the force of law. The Stad- holdership of several provinces was frequently vested in the same man, who thus was almost a federal executive. The fundamental weakness of the Dutch confederation was that, under its constitu- tion, the consent of every province was essential for all important measures, and within the provinces, by ancient custom, the con- sent of every city might be required. In practice, therefore, no sudden crisis could be met except by irregular methods ; between the powerful province 'of Holland and the smaller provinces, there was a conflict of interest ; and in cases of exigency, one party usually compelled the other provinces to join in the action it proposed. Notwithstanding this defective organization, the force and energy of the people acting together won their independence, created a powerful navy, able to compete with the English on nearly equal terms, planted enduring and valuable colonies, and upheld a wise and firm diplomacy against aggressive neighbors. The long war with Spain, and the subsequent common history of the provinces, so knit the people together that the kingdom of Holland, founded in 1815, is to-day that one of the European countries most homogeneous in national feeling. CHAPTER IV. THE FOUR GREAT EXISTING FEDERATIONS. 33. The United States of America. 34. United Colonies of New England (1643-1684). 35. Colonial unions (1690-1765). 36. Continental Congress (1774-1781). 37. The Confederation (1781-1788). 38. The Constitution ( 1787-1 789) .' 39. Constitutional development (1789-1890). 40. The Confederate States of America (1861-1865). 41. Switzerland. 42. The Helvetic Republic (1798-1802). 43. Act of Mediation (1803-1814). 44. Constitution of 1815 (1815-1848). 45. Constitution of 1848 (1848-1874). 46. Revision of 1874 (1874-1890). 47. Germany. I 48. Confederation of the Rhine (1806-1814). 49. The German Confederation (1815-1866). 50. Zollverein (1834-1871). 51. North German Confederation (1866-1871). 52. Formation of the German Empire (1871-1890). 53. Canada (1867-1890). 54. Effect of Canadian union on Australia (1866-1890). 55. Schemes of imperial federation (1875-1890). 33. The United States of America. 1 To the United States of America the world owes a revival, upon securer and more perma- nent bases, of the idea of federal government. The establishment of the present Union in 1787 is the beginning of the third and most successful epoch of federation. Toward the end of the eighteenth century the federal idea seemed expiring in Europe. The city leagues had all decayed ; the Dutch confederation had become centralized, and the Holy Roman Empire had disintegrated. The principle of centralized and absolute monarchy seemed gaining. In one large country 1 For general works on the United States as a federation see post Appendix C, 469. [49] SO Federal Government: Modern. [Ch. iv. only, England, had the old tradition of representative government continued ; and in a dependency of that country, the American colonies, were laid the foundations of the first successful union in the world's history, in which the members were states of diffused population and at the same time of large area. The success of the American Union lies in the fact that it was / from the first adapted to the territorial conditions of the age. Cities were no longer anywhere independent political units ; even Venice and the Swiss cities were in reality territorial states. Yet the Union could never have been established but for two exceptional conditions : the English colonies had in local concerns all the freedom of Swiss cantons ; and, at the same time, they were accustomed to submit to the control of a central authority in all questions of foreign policy, in general jurisprudence, and in many financial, commercial, and military matters. When, therefore, common interests led the colonies into a common war, and the control of Great Britain was thrown off, the colonies, secure in their local freedom, never looked forward to entire independence ; and they submitted to rapidly succeeding experiments in federal development, till in 1787-1789 they found themselves, to their own surprise, bound by the most complete federal government which had ever existed. In the history of federation, the United States stands, therefore, as a pioneer ; for it was different in basis and spirit from any union which had preceded it, and it has been the exemplar for all subsequent confederations. It was the first federation in history to provide itself with an independent and adequate revenue ; it v/as the first to frame a judiciary having a jurisdiction equivalent tc the federal powers ; it was the first to commit all external and interstate commerce to the Union ; it was the first entirely to for- bid treaties of the States with foreign powers or with each other ; it was the first to enter upon a policy of dispossessing itself of exclusive federal territory ; it was the first to leave to the States unrestricted power over matters of police ; it was the first to find peaceful means of securing the obedience of states. Six stages are observable in the development of the Union : the actual union of the New England colonies; the attempts to unite the colonies in the first half of the eighteenth century ; the Revo- lutionary union under a Continental Congress ; the first Consti- tution, the Articles of Confederation (1781); the Constitution of 33, 34] United Colonies of New England. r j 1787 ; and the slow growth of the federation since 1789. To this may be added an ephemeral offshoot, the Confederate States of America. 34. United Colonies of New England (1643-1684). 1 The germ of the federal union of the United States is to be found in the suggestion made in 1637 that four of the New England colonies should confederate, under the name "United Colonies of New England." May #9, 1643, they framed Articles of Agreement. The reasons assigned by the colonists for a union were the need of confronting foreign neighbors and of resisting Indian outbreaks; and " that as in Nation and Religion, so in other respects we bee and continue one." The four colonies were closely alike in race, religion, language, and polity ; and the outbreak of civil war in England caused them to feel the need of mutual supporjt against American enemies. The Constitution of the confederation was very simple. The name was probably suggested by the Dutch United Provinces, whose independence was not even yet acknowledged by Spain. The " charges of all just warrs " were to be assessed on the colonies in proportion to their able-bodied men. Commissioners were to meet, to declare war, and to recommend measures. The actual operations of the confederation were few. In 1653 a war upon the Dutch was threatened unless they withdrew their pretensions to the Connecticut valley. In 1675 troops were raised 1 United Colonies of New England. BIBLIOGRAPHIES. Lalor, Cyclopedia, II, ioio; Short, Reference Lists, 12; Story, Commentaries, 102; Barnwell, p. ii; Preston, Documents, 86; notes to Frothingham, Palfrey, and Bancroft. TEXTS. The articles are printed in: Winthrop^s New England, II, *ioi-*io6; New Haven Colonial Records, II, 562-566; Hazard, Historical Collections, II, 1-6; Plymouth Colony Records ; //. W. Preston, Documents, 87-95; Oilman, History of the American People, 601-611. The proceedings are in Plymouth Colony Records, IX, X; Connecticut Colonial Records, III. HISTORICAL GEOGRAPHY. Maps of the Colonies in Thwaites, Colonies, Maps Nus. 2, 3; Doyle, English in America, II, III, frontispieces; Johnston, History of the United States for Schools, 20, 67; Scudder, United States, 135; see general geographical authorities post 469; MacCoun, Historical Geography, maps and text. HISTORICAL ACCOUNTS. Palfrey, New England, I, 623-633, II, 151-154, 240-251, 320-327, III, 71-80,432,435; Frothingham, Rise of the Republic, 33-70 ; Doyle, English in America, II, 294-336, 366-409; Bancroft, I, 420-424; Hildreth, I, 285, 326, 386, 463; Hubbardm Massachu- setts Historical Collections, 2d series, VI, 465-467; J. Q. Adams in Massachusetts His- torical Collections, 3d series, IX, 189-223 (May, 1843). There is no account in Winsor, Narrative and Critical History, but a very good sketch in Winsor, Memorial History of Boston, I, 295-302. BRIEF ACCOUNTS. Story, 102; Lodge, Colonies, 381-385; Lossingm Harper's, vol. 25, pp. 627-634 (Oct., 1862); Thwaites, Colonies, 64-67. 52 Federal Government : Modern. [Ch. iv. to aid in the King Philip Indian War. The commissioners made recommendation that the colonies support the feeble " College at Cambridge." The colonial legislatures sometimes threatened to secede. Massachusetts was by far the strongest member and browbeat the others, or declined to be bound by the constitutional three-fourths vote, and in 1653 put forward a strong statement of state sovereignty. The government of the Restoration in England looked with suspicion on the confederation. The commissioners met for the last time in September, 1684, as the storm of English interference was about to break over New England ; the colonial charters were shortly after declared annulled ; and when they were restored after the fall of James II, one of the members, Plymouth, had been absorbed by Massachusetts, and the union was never revived. The chief service of the confederation had been to keep alive, through a time of hardship and danger, a feeling of interdepend- ence and helpfulness ; and to impress upon foreign neighbors, Dutch and French, the danger of meddling with any one of the colonies. In the form of government and the manner of carrying it on, we find abundance of good sense, but little federal spirit. Chiefly remarkable are the clauses for the return of fugitive slaves, and for the mutual execution of legal judgments, both forerunners of the Constitution of 1787. 35. Colonial unions (1690-1765). 1 Perhaps the idea of con- federation might have gained, but for the coming on of the period of war with the French colonies. The British government now took the direction of affairs, and the colonies had less reason to confer on common matters. Nevertheless, between 1690 and 1754, there were numerous so-called " Congresses" of governors or repre- sentatives of colonies, to make joint treaties with the Indians, and to arrange for common military operations. The difficulty of bringing out the military strength of the colonies even in self- 1 Colonial unions. BIBLIOGRAPHIES. Foster, References, 1 1 ; Winsor, 'Narrative and Critical,^, 611-614; Hart, Outline, 35, 36. TEXTS. Only the Albany plan (1754) was very clearly formulated; it is in Franklin, I, 36, III, 22-68: Preston, Docu- ments, 171-187. HISTORICAL ACCOUNTS. There is no extended treatise on this subject. Information may be found passim in the historians of the Colonies. BRIEF ACCOUNTS. Frothingham, Rise of the Republic, u, 12; Lecky, England, III, 279-300; Draper, Civil War, I, 253-265; Curtis, I, 3-10; Wharton, Commentaries, 361; Pomeroy, 47; Winsor,N, 611-614; Bancroft, United States (last revision), VI, 7, 8; Lalor, Cyclopedia, II, 1010, III, 992; Lodge, Colonies, 355-358; Thwaites, Colonies, c. xiii. '7 ^ 7^{- 34-36] ^ Colonial Unions. 53 defence suggested to many royal officials in England and America that some central organization be formed. Such were the schemes of King William III (1^96), and of Penn (i&8), and of Governor Dinwiddie (1752). Just before the outbreak of the fourth war with the French colonies in 1754, a Congress of all the colonies was called at Albany, by direction of the home government, to make a general treaty with the Six Nations of Indians. Benjamin Frank- lin brought forward a detailed plan of union which was approved by the Congress ; he suggested a representation and vote pro- portionate to the importance of each colony. With perhaps a few exceptions in Greek history, this was the first application of the principle to a federal government. Had the plan been adopted, it would have given to the federal authorities power over treaties, peace and war, trade, lands, and national finance. It was not acceptable either to the home government or to any colony. Notwithstanding the advantages of the plan of 1754, the colo- nists were right in thinking that they would be more subject to interference under it than under separate, direct relations with the mother country. When, therefore, at the end of the long struggle with France, the British government endeavored to obtain from the colonies a partial support for permanent garrisons, the colonists flew to a union as a means of self-protection and of stronger pro- test. The Stamp Act Congress of 1765 had representatives from nine colonies : a government it was not in any sense ; it simply stood forward as the voice of America to declare the proposed tax unlawful and unjust. The protest was heeded, and the colonies continued as before, without official and almost without social relations with each other. 36. Continental Congress (1774-1781). 1 The First Continen- tal Congress, which met in June, 1774, was called in much the same spirit and behaved in much the same way. Of the seventeen 1 Continental Congress. BIBLIOGRAPHIES of the Congress as a government. Foster, References, u, 12; Lalor, Cyclopcedia, I, 592; Hart, Topical Outline, 37. TEXTS. There was no written constitution during this period : the Declaration of Inde- pendence (1776), a statement of principles, is found in most of the collections,/^/ 469. HISTORICAL GEOGRAPHY. Maps of the Colonies at the time of separation, in Thwaites, Colonies, Map No. 5; Lodge, Colonies, frontispiece; Scudder, United States, 193, 207, 223; Mac Coun, Historical Geography. HISTORICAL ACCOUNTS. All the standard his- tories of the period, especially Curtis, Constitution (1861), I, 28-62; Frothingham, Rise of the Repiiblic, 417-420, 428-439, 459, 460; 484-489; Story, Commentaries, 203-205, 212-216; Hildreth, United States, III, 76-79, 87, 88; Pitkin, United States, c. viii-xi.- 54 Federal Government: Modern. [Ch. iv. continental British colonies, twelve were represented ; but the people were now aroused ; and, voicing the people, the Congress spoke more boldly, adopted an "association," or agreement not to import British goods, and provided for a similar meeting in the following year. The Second Continental Congress met May 10, 1775, after months of increasing excitement, and with an expectation that it would take measures for the general good. A few days before it came together, war had broken out in Massachusetts. That colony must be abandoned to punishment, or the other colonies must take up her quarrel. A feeling of common interest and common dan- ger hurried the members forward : there was no time to consult even the irregular bodies which had assumed the government of the colonies ; there was no opportunity of getting sufficient colo- nial grants of men and money. The Congress was in session, and, in opposition to England, it brought about the union which the desire of England could not bring about twenty years earlier. The Continental Congress took upon itself the management of the military, financial, and foreign affairs of the thirteen colonies which united in the movement. A year later it took the logical step of proclaiming to the world the fact which had for months been existent the independence of the colonies from Great Britain. In all these acts the colonies and the people acquiesced. An informal but effective confederation was thus formed. During the five years following acquiescence was not always obtained, and the Congress went through the humiliations of a body unknown to constitutional law, and inadequately supplied with strength. But practically it was a true, though temporary government : it made treaties, issued legal tender notes, borrowed money, commissioned generals, directed campaigns. The practical and the legal inception of the Union is to be found in the acceptance by the people of the work of a body without a legal warrant, but nevertheless actually the government of all the thirteen States. 37. The Confederation (1781-1788) - 1 Congress itself could not fail to see that a permanent form of government ought to be BRIEF ACCOUNTS. Von Hoist, Constitutional History, I, 1-13, and Constitutional Law, 2; Pomeroy, Constitutional Law, c. ii; Lalor, Cyclopaedia, I, 589-592, II, 931, 932; Kent, Commentaries, I, 208. 1 The Confederation. BIBLIOGRAPHIES. Winsor, VII, 233-236 ; Foster, Refer- ences, 12-14; Short, Reference Lists, 2; Lalor, I, 577; Mead, 26, 27; Hart, Topical 36,37] Continental Congress. Confederation. 55 erected. Within about a year after its meeting, steps had been taken to organize a confederation. The war was in progress, and the first necessity was to provide military and foreign powers ; but, while framing the Articles, provision was made for an indefi- nite after-time of peace. The Articles were submitted in 1778; but the ratification was delayed by the insistence of Maryland that the large States should cede to the Union their western territorial claims. It was a fortunate delay, for, in consequence of it, after the Articles were accepted by the thirteen States, and put into operation (March i, 1781), the United States of America became possessed of a vast territorial domain ; the administration and sale of this western land interested every State, and was one of the few permanent common interests. The government thus established was a Staatenbund : to us it seems weak ; when founded it was bound by the strongest federal ties then known. The Congress was a weak organ with all the functions of government ; but it was in every way superior to the Swiss Diet, and, except in financial powers, to the States General of the Netherlands. The powers of government were few and feebly sustained ; but they were larger than those of the Holy Outline, 44-74, especially 44-48, 74; Hart, Pamphlet for Use of Students (1890), 36", 44 b ; notes to Curtis, McMaster, Bancroft, Story, and Frothingham. TEXTS. In most of the collections enumerated/^/ 469; especially in Hickey, Revised Statutes, and Afanuals of House and Senate. The only records of the proceedings except the Journals are Madison's notes in Elliot, Debates, V, 1-105, and Madison, Papers, I, 187-465, II, 581-614. HISTORICAL GEOGRAPHY. See ante 36, post 469. TREATISES. There is no formal work on the public law of the Confederation. Most of the treatises enumerated post 469 have an introductory chapter or part on the subject, especially Story, Commen- taries, 218-271; briefer discussions in Von Hoist, Constitutional Law, 7-15, and Constitutional History, I, 25-46. See also Prince, Articles of Confederation vs. The Constitution (1866); J. F. Jameson, Essays on the Constitution (1889), especially first three essays; F. Thorpe, in Magazine of American History, vol. 18, pp. 130-141 (Aug., 1887). HISTORICAL ACCOUNTS. There are four elaborate accounts of the Confederation. Most valuable for constitutional purposes is G. T. Curtis, History of the Constitution (1858-60), I, 124-347, reprinted in his Constitutional History (1889), I, 1-256; George Bancroft, History of the Constitution, I, 1-267, reprinted in his History of the United States, last rev., VI, 5-194, and in History of the Constitution, student's ed.; J. B. McMaster, History of the People of the United States, I, 103-454 (1883); J. Fiske, Crit- ical Period of American History, 1-186. Accounts less detailed may be found in the standard historians, especially Pitkin, I, 283-422, II, 1-223; Hildreth, III, 374~48i; Tucker, I, 291-347; Bryant and Gay, IV, 75-100. Much may also be found in the biographies of Madison, Jefferson, Washington, Hamilton, Jay, and others. BRIEF ACCOUNTS. Winsor, VII, 215-232; Frothingham, Rise of the Republic, 569-586; Schouler, I, 12-18; Landon, 46-62; Lodge, Colonies; many magazine articles. 56 Federal Government: Modern. [Ch. iv. Roman Empire. The nation found a Congress in existence, and as a Congress it was continued. The powers committed to it were, in the main, such as had previously been exercised by the Continental Congress, and such as the colonies had been accus- tomed to see carried on for them by the British Home Govern- ment. Even in its detects, the Confederation closely resembled its predecessor, the Continental Congress ; it was a clumsy con- trivance, so far as executive and judicial matters were concerned ; and it had no direct relations with individuals. It is a remarkable fact that three of the four strong existing federations have passed through a transition stage of weak federa- tion, and out of the experiences of that period have developed a workable system. This was the case in America, as it was the case in Switzerland and Germany. Two promising attempts to amend the Articles failed for want of one vote to make the neces- sary unanimity. The vote by States threatened to bring about foreign treaties which would alienate part of the Union. The spectacle of a government borrowing money to pay interest on borrowed money, aroused the business men of the nation. The intolerable conflicts, complaints, and injurious legislation of the States among themselves led to a limitation of the powers of the States. 38. The Constitution (1787-1789). 1 As in the later North German Confederation of 1866, commercial interest was the cement of the Union. A succession of commercial conventions and of 1 The formation of the Constitution. BIBLIOGRAPHIES. General bibliographies, post 469, especially Winsor, VII, 255-257; Hart, Topical Outline, 75-81, and Pam- phlet for the Use of Students (1890), 362: Ford, Pamphlets on the Constitution, 381- 441. TEXTS are very numerous : see ante 33. The annotated texts of Porter in his Outlines, pp. 75-173, and of Paschall and Desty, are particularly useful. Official texts in the Revised Statutes and Manuals of House and Senate. The full text, analyzed and compared with other constitutions, is printed post Appendix A. The proceedings are elaborately reported in Elliot, Debates, I, V, and in Madison Papers. HISTORICAL ACCOUNTS. The same general authorities as in the previous note : Curtis, Constitution, II, 232-604, reprinted in his Constitutional History, I, 257-697; Bancroft, Constitution, I, 267-278, II, 1-47, 114-350, reprinted in his United States, final rev., VI, 195-462, and Constitution, student's ed.; Me Master, I, 407-501; Fiske, Critical Period, 187-350. The principal general histories are : Pitkin, I, 218-291; 7W/kr, I, 347-383; Hildreth, III, 482-546; Schouler, I, 36-70. Story has a long account, Commentaries, 272-372; Power oy, Constitutional Law, 74-81; Von Hoist, Constitutional Law, 15-32; Constitu- tional History, I, 47-63; Bryce, American Commonwealth, I, 12-34. BRIEF ACCOUNTS. Frothingham, Rise of the Republic, 586-610; Winsor, VII, 236-255; Landon, 59-96; many articles in periodicals, especially at the centenary of the Federal Convention, 1889. 37 3 8 ] Federal Convention. 57 interstate conferences led to the calling of a federal convention in 1787. That body and the Constitution which it framed are the two most remarkable monuments of federal government: both were not inventions, but adaptations. That a constitution should be framed in detail by a body of uninstructed delegates, expressly chosen for that purpose, was familiar in the States of the Union ; but was perhaps unexampled elsewhere in the world, and was cer- tainly unexampled in the history of federations. That the instru- ment of federal government should provide for proportional repre- sentation in one house, and for a federal court, was a step in federal organization which marks a new federal principle. For many pur- poses the Union then created was stronger than the Prussian . monarchy at that moment. In many respects the States were left stronger than the little nominally independent German prin- cipalities. The great merit of the members of the convention is their understanding of the temper of their own countrymen. They selected out of English, or colonial, or State usages such practices and forms as experience had shown to be acceptable to the people. The two representative bodies forming the legislative department were not unlike the assemblies and councils of the colonies before the Revolution. The President 'was a more dignified and powerful State governor. The Supreme Court was but the highest State court adapted to national affairs, and possessing the appeal juris- diction formerly exercised by the Privy Council in England. The Convention had further the wisdom to express their work in general though carefully stated principles. All previous federal governments had been fettered either by an imperfect and inadequate statement, as in the constitution of the United Netherlands, or by an unwritten constitution with an accumula- tion of special precedents, as in the Holy Roman Empire. The phrases of the Constitution of 1787 were broad enough to cover cases unforeseen. A third distinction of the federal Convention is the skill with y which it framed acceptable compromises upon the three most diffi- cult questions before it. The two Houses of Congress satisfied both large and small States; the three-fifths representation of slaves postponed an inevitable conflict; the allowance of the slave trade for a term of years made it possible for Congress to perfect commercial legislation. 58 Federal Government: Modern. [Ch. iv. The Convention had profited by the experience of the Con- federation : on every page of the Constitution may be found clauses which would not have stood there had it been framed in 1781. An adequate revenue was provided ; foreign and interstate com- merce was put under the control of Congress ; the charge of foreign affairs was given entirely to the central authority ; the powers of government were distributed among three departments. The work of the convention began May 29, 1787, and closed Sept. 17. Abandoning the old rule of unanimity, the vote of nine States was to put the new government into effect ; by July, 1788, eleven States had ratified the Constitution. A few weeks later the old Congress expired for want of attendance, and there was a federal interregnum till the new government went into operation, April 30, 1789. Soon after, the two remaining States gave in their adhesion and perfected the Union. 39. Constitutional development (1789-1890). 1 When in 1789 the new government of the United States went into operation, there was nothing in the experience of America or of Europe to assure its friends that it would work successfully and stand per- 1 Constitutional development. BIBLIOGRAPHIES. The general bibliographies, post 469, especially Foster, References to Presidential Administrations ; Winsor, VII, 260, 264; Mead, 37; Foster, References to the Constitution, 362; Dareste, II, 412; Sum- ner, Jackson, 388-391; Andrews, Institutes of Constitutional History, App. vii-x; Dun- ning, Constitution (1885); Hart, J^opical Outlines; Hart, Pamphlet for the Use of Students, 36, 44. TEXTS. The only constitutional texts are the amendments to be found in the official and unofficial sources enumerated, post 469. Important proclama- tions, ordinances, laws, and other documents may be found in Niles*, Register ; Williams, Statesman 's Manual ; Preston, Documents ; Cooper, American Politics ; Putnam, Rebel- lion Record ; McPherson, History of the Rebellion, History of Reconstruction, and Hand- Books (biennial). TREATISES. The more recent constitutional commentaries enumerated, post 469, especially Von Hoist, Pomeroy, Bateman, Hare, Bryce, Coolers Story, W. Wilson ; also the Confederate writers, post 40, especially J. Davis, Stephens, and Centz. HISTORICAL ACCOUNTS. The general constitutional histories enumerated, post 469, especially Curtis, vol. II, when published; Von Hoist, Landon, Sterne, Blaine ; First Century of the Republic (1876); two volumes in the Epochs of American History, one now in preparation; Hart, Revolution and Consolidation, 1750 1829 ; and Woodrow Wilson, Division and Reunion, 1829-1890; J^hompson, United States as a Nation (1877); Willoughby, Notes on the Government, in Johns Hopkins University Studies, 1890. BRIEF ACCOUNTS. See/orf 469, especially J. Q. Adams, Jubilee of the Consti- tution ; Miller, The Constitution; Baker, Federal Constitution; and the articles by Me Master, Phelps, and Johnston; Sterne, Constitutional History, c. v; W. A. Dunning, Constitution in Reconstruction, in Political Science Quarterly, II, 558-602 (Dec., 1887). There may be added, H. Reed, American Constitution in 1787 and 1866, in Interna- tional Review, II, 604-622 (Sept., 1875). 38, 39] Federal Development of the United States. 59 manently. Nevertheless it has so well fulfilled its purposes that during a century there have been but two series of significant changes of text. During the first few years of its existence the Constitution was most fortunately administered by those who had framed it, believed in it, and had the wisdom to apply it ; men like Hamilton and Washington shaped a series of organizing acts which proved but little less important than the original text. Then came a period of nearly a quarter of a century (1793-1815), when the Republic was involved in foreign complications, including an annexation of territory larger than its 'original area, and ending in a war; the power over foreign affairs was thus consolidated. The next twenty years (1815-1835) was a time of great commer- cial growth, and public sentiment favored the application of national powers, both of creation and regulation. A bank was secured ; internal improvements were applied ; commercial treaties were negotiated ; and the protective policy was initiated. Then came (1835-1860) a period of great effort to restrict federal powers, partly on principle, and partly lest those powers should be used against slavery. No federal government could exist, how- ever, without coming into contact with an institution common to nearly half the States, and disliked by the other half : in destroy- ing slavery, the Union was obliged to expand its powers of self- protection and enforcement. After the war ended in 1865, the obliteration of slavery was registered in the reconstruction amend- ments. But the disposition to use large federal powers did not cease. Custom and great material development united to urge the federal government to go to the verge of its powers. The nation had grown in territory and population, and the commercial ques- tions which were put aside for the settlement of the slavery dispute have again come to the front. The Constitution of 1789 has therefore undergone great changes, most of them in the direction of greater centralization. Amend- ments have rarely been necessary, because each generation has found the general principles laid down sufficient to give the gov- ernment power to deal with new questions which come before i The elasticity and flexibility of the Constitution have not only preserved the federation, but have introduced a new principle into federal government. A Constitution framed for four millions of people, grouped in thirteen thinly populated rural States, suffices for sixty-three millions, in forty-four rich States, abounding in 60 Federal Government: Modern. [Ch. iv. cities. The permanence of the United States is not due to the constructive skill of its founders; it rests upon the fact that the Constitution may, by the insensible effect of public opinion, slowly be expanded, within the forms of law, to a settlement of new ques- tions as they arise. 40. The Confederate States of America. 1 Whether there is a distinct centralizing tendency in the Union is difficult to decide : federal legislation is dominant ; but this may be the result simply of the rapid growth of the common objects over which the na- tional legislature has power. The most important manifestation of such a tendency arose indirectly out of a struggle with an organized attempt to set up a weaker form of federation. In the Virginia and Kentucky resolutions of 1798-99, in the report of the 1 Confederate States of America. BIBLIOGRAPHIES. Little has been written upon the Constitution of the Confederacy; still less upon its federal character. Bartlett, Literature of the Rebellion, is an unclassified catalogue of a specific library. Sabin, in his Dictionary of American Bibliography, Art. Confederate States, has assembled many titles. John O. Sumner in Papers of the American Historical Association, IV, 332-345 (Oct., 1890); brief bibliographies in Lalor, I, 71; Hart, Outlines, 671-679. TEXTS. Official, in Confederate Statutes at Large; also printed in Stephens, War between the States, II, 710-735; J. Davis, Confederate Government, I, 640-675, compared with United States Constitution; Echoes from the South, 45-71, 105-133, 154-156, 196-205; Ameri- can Annual Cyclopedia, 1861, pp. 527-631; 1862, pp. 235-255, 256-274; 1863, pp. 203- 219, 226-232; 1864, pp. 193-203, 206-218; 1865, pp. 187-203; McPherson, Rebellion, (passim ; the book is made up mainly of texts) ; British and Foreign State Papers, vol. 55, particularly pp. 602-657, 658-706, 800-817, 817-837; also 412-451, 514-602, and 723- 742; Archives Diplomatiques, II, 426-428; Staatsarchiv, IV, 239-335; H'dnel, Ver- tragsmassige Elemente, 276-283, compared with the United States Constitution. TREATISES. No systematic treatise is in existence. There is some discussion in Davis and Stephens, and Centz, Republic of Republics. John O. Sumner has in preparation a constitutional history of the Confederate States. HISTORICAL ACCOUNTS. All the his- tories of the Confederacy neglect the constitutional development of the government. y. Davis, Confederate Government, especially I, 90, 300, 301; Stephens, War between the States, especially II, 312-396; Pollard, Lost Cause, 82-92, 95-99, 105-122; Southern Historical Papers, VII, 99, 333. There are several books on phases of the government, especially, Jones, Rebel War Clerk's Diary, passim; J. D. Bullock, Secret Service (1884); John Bigelow, France and the Confederate Navy (1888). BRIEF ACCOUNTS. Centz, Republic of Republics, 497-512; Draper, Civil War, I, 528-539; Wilson, Slave Power, III, 117-126; Greeley, American Conflict, I, 404-408; Lalor, I, 566-571, the best account in brief compass; Jelinek, 189-197; Twiss, 45; Greg, History of the United States, II, 191-201; Wheaton, Commentaries, 140, 141, 165, 217, 218, 228, 233, 374 n.; Desty, Constitution, 1 16, 1 17; W. Wilson, Division and Reunion (in preparation); Fraser, vol. 66, pp. 433-448 (Oct., 1862) ; Galaxy, vol. 6, pp. 749-758 (Oct., 1868) ; Magazine of American History, II, 259-265 (Sept., 1886), vol. 16, pp. 387-390; Bankers' Magazine, vol. 24, pp. 934-941, 1089-1095; the Index, published in London at the expense of the Confederacy. S394] Southern Confederacy. 6j Hartford Convention of 1814, in the Nullification proceedings of 1832, appears the principle that the federal Constitution is a compact to which the States had acceded, and from which they might, by a natural inference, secede. In 1860 the principle was asserted by the secession of several of the Southern States. That withdrawal had from the first been connected with a purpose to form a new Union. Most of the conditions of successful federation were present ; the ruling element throughout the South had sub- stantially the same race, language, religion, and political institutions. They had a very practical common purpose, the protection of slavery ; and if the principle of secession, on which they had based their withdrawal, might later have divided them again, the imme- diate presence of a war practically united them most firmly. The Confederate States of America is, therefore, an example of a strong Bundesstaat. There had been preliminary negotiations and understandings with other States before the secession of South Carolina, Dec. 20, 1860. On Jan. 7, 1861, the people of Alabama summoned the Southern States to meet in convention. The State conventions of six (later seven) States sent delegates, who met on Feb. 4, 1861, and proceeded at once to form a provisional government. It was based, in most respects, on the Constitution of the United States ; but in two important particulars there was a temporary reversion to the methods of the Confederation of 1781 : there was but one house, and the members from each State cast a collective vote. The government was not yet fairly in operation, when, in April, 1 86 1, it was called upon to give orders relating to Fort Sumter, a fortification still held by the United States, within the limits claimed by one of the Confederate States. It directed an attack ; and four other States preferred to secede and join the Southern Umon, rather than to make resistance against the Confederacy. Un the hurry and excitement of the war, the provisional consti- rftrtion was allowed to stand unaltered for a year. A more elaborate /document was, however, drawn up, adopted by State conventions, ^ and went into effect Feb. 18, 1862. The deviations from the Constitution of the United States were few : the only important powers struck out of the list of those exercised in Washington were the laying of protective tariffs and the appropriation of money for internal improvements. There were also some changes in the powers and relations of the Executive. The government was 62 Federal Government: Modern. [Ch. iv. never fully organized ; the permanent Congress failed to pass the necessary law admitting Cabinet members to their deliberations ; the Supreme Court was never constituted. As in the North, the imperious pressure of the war drove the government to exercise all its powers, and even to go beyond them. The President had a great personal influence over Con- gress, which passed but one bill over his veto. 1 On the evacuation of the Capital, Richmond, at the approach of the Northern forces, April, 1865, the government was dispersed, and the confederation ceased to exist. Its acts have been decided by the United States courts to have no legal validity. 41. Switzerland. 2 With one brief and abnormal interruption, there has been a Swiss federation for five hundred and ninety- nine years. Switzerland possesses the only federal government which has come down from mediaeval times to our own day. The roots of the present system are to be found in the old confedera- tion ; 3 but it has been much developed by the experience of the United States and by the changes in European government. Of all the confederations of history, Switzerland bears the closest resemblance in institutions to the United States. Both countries have republican states joined in a republican union ; the division of powers between states and union is approximately the same ; the judicial systems may be compared; the problems of federal relations between the states have received a like solution. The population of Switzerland is divided among four languages, two religious confessions, and many races. But the conditions of the country during this century have been very favorable for fed- eral growth ; railways have united the formerly distant parts of the confederation ; there has been a steady growth in national feeling. Situated in the middle of Europe, with the keys of the mountains in her hands, owing her independence rather to the mutual jealousies of her neighbors than to their friendliness for her, Switzerland must remain united in order to preserve her national existence. There has therefore been throughout this century a constant drift toward a stronger federal government. The Swiss Confederation and the United States have been the 1 Harvard Historical Monographs, No. I, Appendix C, No. 34. 2 For references upon the general development of Switzerland as a federation, see Appendix C, 470. 3 Ante 31. 40-43] Swiss Confederation to 1814. 63 two examples which have affected the formation of the German Empire ; and in the successful application of the federal principle to new problems as they arise, Switzerland has contributed much to the growth of confidence in the permanence of federal gov- ernments. 42. The Helvetic Republic (1798-1802). i One of the reasons for the tenacious preference of the Swiss for a federal government, is their experience of a centralized system from 1798 to 1802. Under French influence there was set up the so-called " Helvetic Republic, one and indivisible." Those districts which had previ- ously been in a dependent condition 2 were relieved and created into new cantons or incorporated with old ones. The cantons became mere administrative districts. Thus the old oligarchies were overthrown, and the democratic governments of the cities outweighed the people of the former rural cantons. The central government was organized on the plan of the French republic, with an executive directory, a legislature in two chambers, chosen indirectly, and a federal court. The fall of the Directory in Paris in 1800 was followed by the cessation of the new machinery in Switzerland. There was left a division into two parties, the Cen- tralists and the Federalists. When the French troops were shrewdly withdrawn by the First Consul in 1802, civil war broke out. The French returned, in the interest of order, and Buona- parte was the only power capable of bringing the country out of a state of anarchy. / 43. Act of Mediation (1803-1814). 3 A conference of depu- ties of both parties was summoned to meet at Paris, and a new constitution, the " Act of Mediation," was drawn up under the immediate influence of Buonaparte. The territorial changes made in 1798 were in part accepted, and six new cantons were thus added. Democratic constitutions were secured for the cities. The 1 Helvetic Republic. BIBLIOGRAPHIES. See previous note. TEXTS. See post 461, 470; Oechsli. TREATISES enumerated in the preceding note, among them: Moses, 81-35; Dubs > n 37 3 8 5 OreUi > 13-16. HISTORICAL ACCOUNTS. Tillier, His- toire de la Republique helvetique (1846) ; Mallet, History of the Destruction of the Helvetic Union and Liberty (\iyfi \ Hi ty* Ueber die Helvetik ( l8 7 8 ); the histories enumerated in the preceding note. BRIE* ACCOUNTS. May, Democracy, 378-385; Caho, 44J Woolsey, II, 210-212. 2 Ante 31. 8 Act of Mediation. TEXTS. See post 470; Oechsli. TREATISES in 470; Orelli, 16-19; Moses, 36-42. See also references in preceding note. 64 Federal Government: Modern, [Ch. iv. Diet was reconstituted in one house, much as it was before 1798 ; but in some respects the government took on more of a federal character. The head of one of the chief cantons each year was also Landamann, a federal executive officer resembling the French consul. Internal commerce was relieved of many impediments, and war, peace, and foreign affairs were definitely placed in the hands of the Diet. When once the constitution had been formulated for the Swiss, they were allowed to carry it out in their own way, but still subject to an undefined French protectorate. Although Switzerland en- joyed immunity from military occupation during the fierce wars of the next eleven years, and was peaceful and prosperous under the Act of Mediation, it was felt to be the work of a foreigner and a master. When in 1813 Napoleon was pressed back beyond the Rhine, the constitution fell. 44. Constitution of 1815 (1815-1848). 1 The readjustment of Europe proved very favorable to the Swiss. The Allies took the country under their special protection, and in the settlement at Vienna in 1815 was inserted an elaborate constitution for Switzer- land. The party favorable to a return to the conditions before 1797 was disregarded; on the other hand, the democratic cantons prevailed in their opposition to a strong confederation. The Allies offered the Swiss a guaranty of their neutrality if they would .accept the proposed constitution ; and three small neighboring states were incorporated into the union. The system thus established was not very different from that of the old confederation before 1798. Even the weak executive of the Act of Mediation was swept away ; the Diet was the only central authority, and in it the cantons had each an equal and 1 Constitution of 1815. BIBLIOGRAPHIES. Brie, Bundesstaat, 61-71. TEXTS. See/^/ 470; British and Foreign State Papers, III, 803-812 (in French) ; De Marten et de Cussy, III, 14, 38, 89, 197, 242; Martens, Nouvelle Recueil, III, 68, IV, 159, 174, 244; Politz; Hertslet, Map of Europe by Treaty, I, 64-71; Oechsli. TREATISES AND ACCOUNTS. See post 470; Grote, Seven Letters (1876) ; Esseiva, Fribourg et le Sondcr- bund (1882); Circourt in Revue des deux Mondes, vol. 17, pp. 1030-1088 (March 15, 1847) > Cretineau-Joly, Histoire du Sonderbund ( 1 850) ; Bluntschli, Geschichte, 494-502 ; Vuilleuin, II, 326-392; Morin, 11,80-314. BRIEF ACCOUNTS. De Peyster, Secession in Switzerland and in the United States Compared (1863) ; Moses, 43-54; Dubs, Recht, II, 38, 39, 43, 44, 52, 53, 64, 65, 75-78; Orelli, 4; Twiss, 50-52; Phillimore, 1 13-117, 134 n.; Calvo, 44; Woolsey, II, 213, 214; Droz, 131; May, 385-392; Adams and Cunningham, 15-19. 43-45] Swiss Confederation. * instructed vote. But the incorporation of subject lands, the abo- lition of politically privileged classes, and the principle of free internal intercourse, were now too deeply rooted to be disturbed. There was a new spirit of union, and old obstacles to federal devel- opment were removed. Nevertheless the government did not accord with the new political conditions of the country. The political struggle was simply transferred to the cantons ; and during the next thirty years most of the cantonal constitutions were made more liberal. The Revolution of 1830, in France, suggested a similar movement in Switzerland, but it took the form of a movement for the revision of the articles through constitutional forms. In 1832 an excellent series of amendments was proposed, but failed of adoption. In the same year was formed the first of the Sonderbiinde, or sepa- rate confederations ; it attempted rebellion, but was forced by show of arms to return to allegiance. A similar Sonderbund, formed out of Catholic cantons in 1845, led to a brief but decisive civil war in 1847. The federal arms were victorious, and the national spirit was aroused to the necessity of adopting a new constitution. 45. Constitution of 1848 (1848-1874). 1 The return of the members from the Sonderbund to the Diet in 1848 was followed by the preparation of a new constitution, the first since 1797 formed without outside influence. It was framed by a committee, developed by the Diet, and ratified by a vote of fifteen and one-half cantons to six and one-half. Under it for the first time Switzer- land became a Bundesstaat. The influence of the experience of the United States is shown throughout ; but the details are worked out to suit the conditions of the time and country. The Ameri- can system of two houses, one representing states, and the other the people, was adopted. A distrust of executive power vested in 1 Constitution of 1848. BIBLIOGRAPHIES. Dubs, Droit, 62, 63; Calvo, 57. TEXTS. British and Foreign State Papers, vol. 47, p. 1245; Staatsarchiv, vol. 26, pp. 219-270 (compared with the Constitution of 1874); Laferriere et Batbie, 84-119; Ghillany und Schnitzler, Manuel Diplomatique, II, 385- See also collections post 462, 470. TREATISES. The constitutional treatises published before 1874. Lagenevais, La Suisse depuis la Revolution de Fevrier (1850); Block, Didionnaire de la Politique, Art. Suisse. ACCOUNTS. In the histories enumerated post 470. BRIEF AGO Moses, 54-56; Woolsey, II, 214-220; Adams and Cunningham, 20-22; Twtss, 52, 53; Calvo, 45, 56, 57; Dro*. 132, 1335 Dareste, 1,441; ^okke (Shaw's trans- lation), 387-394; Lawrence's Wheaton, note 445 Dana^s Wheaton, note 33; / Presidential Government (see/otf 470). 66 Federal Government: Modern. [Ch. iv. a single head caused the substitution of an executive board of seven for the President of the United States. There was, how- ever, no federal court. The powers of the federal government were broadened. During the twenty-four years following the adoption of this constitution Switzerland enjoyed singular peace and prosperity. The five European wars between 1855 and 1871 did not disturb the neutrality of the country, though in four of them military operations would have been made easier by marching across her territory. But the success of the United States in crushing the rebellion against its authority in 1865, and the formation of the North German Alliance in 1867, suggested a further strengthening of the Swiss constitution. In 1872 a project of amendment was submitted, which conferred upon the general government many additional powers, including that of framing the civil and criminal law. By a narrow popular, and a decisive cantonal, majority, it was rejected ; but there was evidence that a less sweeping change might be accepted. 46. Revision of 1874 (1874-1890) .* The agitation for amend- ment of the constitution at once began again ; as before, it took the form of a revision of the existing articles, rather than a recast- ing of the whole framework of government. The plan of 1872 was again submitted with such alterations as made it more accept- able to the weaker cantons ; and it secured a very large popular majority, and fourteen and one-half cantons to seven and one-half. The changes gave wider powers of legislation and supervision to the confederation, and established a permanent capital, and a 1 Constitution of 1874. BIBLIOGRAPHIES. See post 470. TEXTS. German: Sammlung der Verfassungen (1880), Staatsarchiv, vol. 22, No. 4649, vol. 26, No. 5177 (compared with 1848); Oechsli, Quellenbuch ; Amtliche Sammlung der Bundesgesetze. French : Annuaire de la Legislation Etrangere, IV, 445-477 (with comments) ; Morin, Precis, V, 331; Recueil (1880); Dareste, I, 441-468; Droz, Instruction Civique ; also in many treatises. English translation by E. J. James in Publications of the University of Pennsylvania, Political Economy and Public Law Series, No. 8 (1890); translation by Albert Bushnell Hart in Old South Leaflets, General Series, No. 18 (1890). Span- ish : Moreno, Instituciones politicas (1881). The text will be found complete, in analyzed form, in Appendix A of this monograph. TREATISES. Principal publications since 1874, especially Dubs, Orelli, Moses, Adams and Cunningham, Winchester ; Proces- Verbaux des Deliberations, 1873-74 (1877). ACCOUNTS. Latter part of the most recent histo- ries, especially Morin and Dandliker (post 470). -BRIEF ACCOUNTS. May, Democ- racy, Eng. ed., I, 392-405; Woolsey, II, 220-223; Dicey, Law of the Constitution, 154- 157; many articles in periodicals. 45-47] Switzerland. Germany. fy federal court, which in matters of civil and criminal law is not unlike the Supreme Court of the United States. No further important changes have been made ; the few amend- ments do not alter the spirit of the constitution. The country has enjoyed perfect external and internal peace, except for disturb- ances within some of the cantons. The questions debated are chiefly social, and are based less on the question of what powers may be exercised by the confederation than on the question how far it is prudent to exercise the powers granted. In one direction only does the federal power seem still insufficient : military men assert that the safety of the country demands a more complete control of the federal army. Unless a war should come, there seems no reason to expect any fundamental change in the Swiss constitution. It could not be much more highly centralized with- out destroying the autonomy of the states. 47. Germany. 1 That the Holy Roman Empire, 2 during the last two centuries of its existence, could not have a strong or a national government lay in the nature of things. The imperial dignity was in the possession of Austria, a power having great interests outside the Empire. The form of government was hope- lessly complicated. The little states took on the despotic form of their powerful neighbors. Cities, as political centres, lost relative importance as great states grew. When Prussia, in the middle of the eighteenth century, came forward as a rival of Austria, it was plain that no federation could exist with two unfriendly mem- bers, each stronger than all the smaller German states combined. The liberalizing spirit of the French Revolution was a shock to the governments of the little states, and broke up the existing artificial combination. The process of decay destroyed two of the great obstacles to the union of the German people: the little states were forced into larger units ; and the crushing weight of the French occupation of Prussia and of the western states taught the Germans that a sacrifice of local powers to a German centre capable of protecting them was better than the destruction of the small states by a foreign conqueror. For a time the western third of the Empire was absorbed or controlled by France ; after it was freed, the rivalry between Aus- 1 For references upon the general development of Germany as a federation, Appendix C, 471. 2 Ante 30. 68 Federal Government: Modern. [Ch. iv. tria and Prussia remained ; and the history of the formation of the German Empire is a history of the process by which Prussia, by this time more German than Austria, took the hegemony, enlarged her borders, and gathered the smaller states about her. 48. Confederation of the Rhine (1806-1813). 1 When the Empire was finally dissolved in i8o6, 2 it had already practically ceased to exist. The French Republic had wrested away parts of Western Germany; the First Consul after the campaign of 1803, added other portions ; and the Reichsdeputationshauptschluss of 1803 "mediatized " and "secularized " many petty states. In 1806 Prussia was overrun by the Emperor of the French, and he refused longer to acknowledge the existence of a German Empire. The newly enlarged states in the west looked to the conqueror for an assurance of their territory, and seventy-two little states which had survived the crisis of 1803 were now incorporated with their neighbors. Napoleon created the Kingdoms of Saxony, Bavaria, and Wiirtemberg. The two latter states, with Baden, and thirteen others, by a treaty framed at Paris, constituted themselves (July 17, 1806) a "Confederation of the Rhine." Eventually thirty-nine members in all were admitted. The confederation had an area cf sixty thousand square miles, and fifteen million inhabitants. The Confederation of the Rhine can scarcely be said to have had any political or constitutional history. The Diet was of two "colleges," but neither was ever summoned. The head of the fed- eral state was the "Protector," Napoleon. His protection consisted in an arbitrary supervision of each state. A part of the confederate 1 Confederation of the Rhine. BIBLIOGRAPHIES. See previous note; Schulze, Staatsrecht, 39; von Brie, 32-41. TEXT. Kliiber, Staatsrecht ; Meyer, Corpus Juris Confederationis Germanicae; Garden, Traites de Paix, IX, 142-284. HISTORICAL GEOGRAPHY. Droysen, Atlas, Plate 49; Fyffe, Modern Europe, I, 434; Ausant, Atlas Historique, Plate 35. TREATISES. Zachari'd, Jus pub li cum civitatum quae foederi RJie- nano adscriptae sunt (1804); Behr, Systematische Darstellung des rheinischen Bundes (1808) ; Kluber, Staatsrecht des Rheinbundes (1808). See general treatises post 471. HISTORICAL ACCOUNTS. Politische Zustande zur Zeit der franzosischen Herrschaft (1862-69); Ranibaud, Domination franc,aise en Allemagne (1873) ; Billau, Geschichte Deutschlands von 1806-1830 (1842); see general accounts post 471 ; Hansser, Deutsche Geschichte (1859-60), II, 577-590; Mrs. Austin. BRIEF ACCOUNTS. Introductions to the treatises, especially Schulze, 38-42; Fyffe, I, 303-306; Grant Duff, Studies in European Politics, 252-254; Bluntschli, Staatsivorterbuch ; Welcker, Staatslexikon ; Brockhaus, Conversationslexikon ; Meyer, Conversationslexikon, Art. Rheinbund; Block, Dictionnaire de la Politique, Art. Confederation du Rhin. 2 Ante 30. $3 47-49] German Confederation to \ 866. 6q territory was organized into the ephemeral Kingdom of Westpha- lia ; a part was annexed to France. The larger members so felt their dependence on France that for the campaign of 1812 Bavaria furnished more troops than the dictator had required; and the grand army which invaded Russia had an enormous German con- tingent. When, in 1813, Napoleon was driven across the Rhine, the semblance of a confederation fell to pieces, without a formal notice of dissolution. It cannot be said that the Confederation of the Rhine accus- tomed its members to act together, but it had a great influence in breaking down the old boundaries ; and the new states, formed under French influence, were obliged to yield to their subjects larger personal rights and even some direct share in the govern- ment. 49. The German Confederation (1815-1866) . J At the over- throw of Napoleon, in 1813-15, the Allies attempted to return, so far as possible, to the conditions before 1789; and a German union was formed, which was intended to be like the old Empire. The changes in Germany, and particularly the territorial changes, had, however, gone too far to be entirely reversed. As the price of abandonment of Napoleon, the South German states asked and obtained a guaranty of their possessions ; and the liberal tenden- cies in the western states could not be altogether suppressed. The title of German Emperor could not again be conceded to Austria, nor would either that power or Prussia endure a strong or perma- 1 German Confederation. BIBLIOGRAPHIES : Treatises, post 471, especially Schulze, Lehrbuch, 43-64; Lawrence's Wheaton, note 38. HISTORICAL GEOGRAPHY. Droysen, Atlas, Plate 50; Rhode, Schul- Atlas, Plate xvii B; Ausant, Atlas Historique, (1838), Cartes Modernes 2. TEXTS. De Martin et Cussy, III, 81, 146, 463; Angeberg, II, 1372-1385, 1789-1800; Hertslet, I, No. 26, p. 636; British and Foreign State Papers, II, 114-136; Archives Diplomatiques, 1867, III, 1004. See general texts post 462, 471; Kliiber, Akten des Wiener Congresses (181 6). TREATISES. Post 471, especially Zacharia, Staats- und Bundesrecht ; Zopjl, Grundsatze ; O. Mejer, Einleitung. HIS- TORICAL ACCOUNTS. In many of the treatises post 471 ; in the general accounts post 471, especially Hausser, Treitschke, Kaltenborn ; Wheaton, History of the Law of Nations, 455-483; Malet, Overthrow of the German Confederation, pp. xv-xxiv; Nicolson, 1-69; Fyffe, Modern Europe, III, c. ii, v. BRIEF ACCOUNTS. Schulze, 53-68; Grant Duff, Studies, 252-288. The treatises, especially Bluntschli, Staatsworterbuch ; Welcker, Staatslexikon ; Woolsey, Political Science, II, 197-202; Calvo, 51, 52; Wheaton, Part I, c. ii, 23; Lawrence's Wheaton, notes 32-38; Dana's Wheaton, notes 29, 30; Bryce, Holy Roman Empire, 419-429. BEST BRIEF ACCOUNTS. Selections from Schulze, Zacharia, Zopjl, Malet, Bryce, Lawrence's Wheaton, Nicolson. 7O Federal Government: Modern. [Ch. iv. nent executive, although Austria received the honorary Presidium. Above all, Prussia was deprived of her former Polish provinces, and received, as compensation, detached German territory we-st of the Rhine, and supposed to be Gallicized in sentiment. The triple division of interest was thus restored : Prussia, Aus- tria, and the third portion of Germany were united by a tie which must inevitably lead to war. The constitution drawn up, like that of Switzerland, in the Congress of Vienna, made Germany a weak Staatenbund. The Diet was substantially a Congress of ambas- sadors, in which for important matters unanimity was required. As in the United Netherlands, unanimity could be secured only by a pressure from the greater states. The confederation, there- fore, never did anything useful : it made no war and closed no peace ; it provided no federal judiciary. On the other hand, it interfered with the internal government of small states suspected of liberalism. In 1848 there came a great crisis in German affairs. Popular revolutions threw into confusion not only the small states, but Prussia and Austria. An imposing body met at Frankfort to frame a new constitution for Germany. It sat a year ; a scheme of union was framed, and the King of Prussia was chosen Emperor. But Prussia declined ; she had not the military organization neces- sary to take the lead against Austria, and the ardor of the Revo- lution had ceased. The golden opportunity was past ; after a two-years interregnum' the federal Diet resumed its sittings. The chief result of the movement was a series of new and more lib- eral constitutions, especially in Prussia, and the precedent of union under Prussian hegemony. During the next fifteen years the confederation as such had no influence in Europe ; but Prussia was preparing for the inevita- ble struggle. Bismarck proposed a plan of union in 1862. In 1864 the Schleswig-Holstein question almost caused a breach between Austria and Prussia: it was adjusted for the moment. But it was evident that either Prussia or Austria must give up her influence on Germany. In 1866 both parties were ready, and the quarrel broke out over the old question of Schleswig-Holstein. Prussia declared herself free from the confederation ; Austria secured a vote authorizing her, in the name of the confederation, to reduce Prussia to obedience to her federal obligations. The small states divided into adherents of one or the other of the belligerents. 49-5] German Zollverein. j\ 50. Zollverein (1834-1871). * Up to 1866 Austria had in diplomacy and in military prestige on the whole outweighed Prussia ; but for many years Prussia had been cementing a bond of commercial union which was effectual in stimulating a feeling of common German interests, and which was to take the place of the Confederation of 1815, as the foundation of a new German Empire. In 1815 Prussia had urged that customs tariffs be made a subject of federal legislation. Overruled in this project, in 1818 a Prussian law abrogated all internal tariffs within the kingdom, and, for the first time, made the commercial and political bounda- ries conterminous. The next step was to persuade her neighbors possessing " enclaves " districts enclosed within Prussian terri- tory by treaty to place these districts under the Prussian sys- tem. By 1828 a territory tolerably compact was thus brought under one customs system. The next step was to induce her neighbors to join in the common system ; and the Prussian law had been drawn in a manner to make its acceptance by other states easy. It was agreed that the proceeds of the common cus- toms were to be divided in proportion to the respective populations of the signatory powers. The Grand Duchy of Hesse was the first to come into this arrangement, in 1828. Bavaria and Wiir- temberg formed a separate union of the same kind. Hanover and the countries lying between Prussia and the South German States 1 Zollverein. BIBLIOGRAPHIES. The literature is almost wholly in German : it may be found through the German treatises ante 47, especially Thudichum ; Dunbar, Topics. TEXTS. See general collection ante 47, post 362. Hertslet Kolber, Archiv des norddeutschen Bundes nnd des Zollverein : Staatsarchiv ; Archives Diplomatiques, IV, 220, 269. HISTORICAL GEOGRAPHY. Droysen, Atlas, Plates 51, 59; Sohr und Handtke, Universal Hand- Atlas (5 Aufl. 1854), Plate 10 ; Spruner-Menke, Plate 49. TREATISES. See ante 47, especially Thudichum, Verfassungsrecht des norddeutschen Bundes und des deutschen Zollvereins (1870) ; Schulze, Emleitung (\^} ; Meyer, Ver- waltungsrecht ; Meyer, Lehrbuch (1878), 58-66 ; Laband, III, 242 ; Delbrilck, Der Artikel 40 der Reichsverfassung (1881); Fischer in Jahrbuch der Nationalokonomie und Statistik, II, 317, 397, VI, 225; H. Richelot, D Association Douaniere allemande (1859). HISTORICAL ACCOUNTS. Falke, Geschichte des deutschen Zollvereins (1869); Aegidi, Aus der Vorzeit des Zollvereins (1865) ; Packisch, Geschichte des Zollvereins (1869); Weber, Der deutsche Zollverein (1869); E. Worms, D Allemagne economique (1874); Von Kaufmann, Etude sur /' 'Association douani'ere (1880); in the standard histories post 471. BRIEF ACCOUNTS. Treitschke in Preussiches Jahrbuch, xxx, 397, 479; Bluntschli, Staatworterbuch, xi, 1050; Holtzendorff, Rechtslexikon, III, 1441 5 Hirth,Annalen, 1888, p. 609. Much may be found in periodicals, especially the Ger- man ; see ante 47. Brockhaus, Konversatsionslexikon; Meyer, Konversatsionslexikon, Art. Zollverein. 72 Federal Government: Modern. [Ch. iv. formed a counter-union ; but the magnetic attraction of the larger power drew away members ; and the Prussian-Hessian combination secured the adhesion of the South German States. On Jan. I, 1834, under a new general treaty, the combination of states took the name of Deutscher Zoll- und Handelsverein. The basis of the treaty was the original Prussian-Hessian agree- ment : no import, export, or transit duties between members ; the proceeds of customs to be divided among the states according to population ; alterations of the tariff as established to be made only by general consent ; an annual congress of ambassadors to consider the affairs of the union. The principles thus laid down, as well as the rate and administration of the tariff, were thus fixed, and the other states, as they came in, were obliged to accept them as they found them. Gradually most of the German States, except Aus- tria, came in. The crisis of 1848 strengthened the Zollverein as the only practical expression of German unity. In 1853, and again in 1865, the treaty of 1834 was substantially reaffirmed. The active headship of Prussia was a constant unifying influence. The war of 1866 added a political basis of union. When peace was proclaimed in 1867, the Zollverein was continued, but on a larger scale. It was made eventually an adjunct of the new North German Confederation ; all the states -which formed that Confederation agreed to accept uniform federal legislation on tariffs. By treaty with the North German Confederation, the South German States adhered to its tariffs and sent delegates to the Zollbundesrath and Zollparlament, the two houses of the Zoll- verein, which existed side by side with the federal government. When, in 1871, these states accepted the Imperial constitution, they accepted the commercial powers of the Empire, and the Zoll- verein ceased to exist, because its work was perpetuated by a stronger union. 51. North German Confederation (1866-1870). 1 The war of 1 866 was the final struggle for supremacy over the third part of 1 North German Confederation. BIBLIOGRAPHIES in the treatises post 471, especially Schulze, Lehrbuch, 66-75, an d Einleitung, 125-149; Calvo, 54. TEXTS. Staatsarchiv, vol. 12, No. 2729, vol. 13, No. 2743; in many treatises and sepa- rate editions; Schulze, Einleitung, 475-492; Glaser, Archiv ; Bezold, Materialen ; Ar- chives Diplomatique* (1868), I, 15-32 ; La Ferriere et Batbie, 120-157; Annuaire des Deux MondeSy 1866, 1867, 368-394; British and Foreign State Papers, vol. 57, 296- 313; Hertslet, III, 1807-1828. HISTORICAL GEOGRAPHY. Freeman, Historical Geogra- 50-5 1 ] North German Confederation. 73 the Holy Roman Empire. With Prussia were allied most of the smaller states of North Germany ; with Austria were allied two of the three large South German states, and Hanover. The Prus- sian arms were victorious, both in the east against Austria and in the west against the Germans. By the terms of the Peace of Prague (Aug. 23, 1866), Austria agreed to withdraw from all political connection with the German states. The political sa- gacity of Bismarck prevented Prussia fron exacting any of the territory of Austria, and from severe measures against most of the defeated South German states. Hanover, however, fell a victim to the unwise shrewdness of the diplomats of 1815; she lay between the two areas of Prussian territory, and was incorpo- rated to make the bridge necessary to unite them. Although Prussia had now the undisputed hegemony of Ger- many, she exercised her influence to create a union attractive to the smaller states. By treaty with her allies at the beginning of the war, she agreed to a new federal union. After the war, the details were settled by the first Diet of the newly constituted North German Confederation, and were accepted by the twenty- one states composing the union. The constitution was proclaimed July i, 1867. The fundamental changes from the constitution of 1815 were: the creation of a Presidium, vested in the crown of Prussia ; a generous provision of sovereign powers given to the union ; and the establishment, as a component part of the govern- ment, of a Diet, chosen by manhood suffrage throughout the union. The South German states were to be allowed admission whenever they might desire. By secret treaties these states entered into an offensive and defensive alliance with the Confed- eration, and the Zollverein was extended over their territory. phy of Europe, I, 228, 229; standard atlases published between 1867 and 1871. TREATISES. The German treatises published between 1867 and 1871, ante 47, espe- cially Meyer, Grundziige ; Hiersemenzel, Verfassungsrecht ; Thudichum, Verfassungsrecht and Schulze, Einleitung, 125-149; Miinster, Der norddeutsche Bund und dessen Ueber- gang (1868). HISTORICAL ACCOUNTS. General references,/^ 47 *> especially Muller, Kliipfel, Treitschke, von Sybel ; chapters in later treatises, especially Schulze, Lehrbuch, 69-73; Ghillany, Diplomatisches Handbuch ( ), Introduction; Nicolson, German Constitution, 71-74; Malet, Overthrow of the Germanic Confederation (1870); Menzel, Der deutsche Krieg im Jahre 1866 (1867) ; Cherbuliez, DAllemagne politique depuis la Paix de Prague ( 1 870) ; Hahn, Der Krieg Deutschlands gegen Frankreich. Die Deutsche Politik, 1867-1871 (1876) ; Charles Lowe, Prince Bismarck (1885), ch. vi-viii. - ACCOUNTS. Bryce, Holy Roman Empire, W-W^ Calvo, 52-54; Lawrence^ Whea- ton, II, 176; Woolsey, Political Science, I, 202-204. 74 Federal Government: Modern. [Ch. iv. 52. Formation of the German Empire (1870-1890). 1 The North German Confederation was plainly only a transition stage ; the southern states could no longer lean upon Austria, and feared to lean upon France. By skilful diplomacy Bismarck held back till Napoleon III had made an aggressive movement, and all Ger- many was swept into a war, first of defence and then of conquest. The arms of the South German States co-operated in a military union ; the governments were compelled by the force of circum- stances to agree to a political union. One after another, in November and December, 1870, they agreed by treaty to join the Confederation. Here again the matchless skill of Bismarck had already prepared the way. As the constitution stood, these states could be admitted by a single resolution, but they were obliged to accept the constitution without amendment ; they secured only a few unimportant exceptional privileges by their treaties of entrance. In January, 1871, the process was completed. 1 The German Empire. BIBLIOGRAPHIES. List of treatises and histories post 471 ; foot-notes to the treatises, especially Schulze' s Lehrbtich, Laband, Meyer's Staatsrecht and Verwaltungsrecht ; Schtilste, Bibliographic de la Guerre franco-allemande iS'ji 1885 (1886). TEXTS. German: critical editions of Riedel (1871) ; Martin (1871); Seydel (1873); /Caller (1875); Die Verfassungsurkunde (1878); von Ronne, 4 Aufl. (1882); Stoerk (1884); Zander. Many official editions: Staatsarchiv ; Bezold, Mate- rialen. French: Annuaire de Legislation Etrangere, I, 234-236, with notes; Archives Diplomatiques, 1873, I, 108-128; Dareste, I, 133-159. English: Hertslet, III, 1930- 1952; British and Foreign State Papers, vol. 6l, pp. 58-76; Lowe, Life of Bismarck, I II, App. F; George Bancroft, in Papers relating to the Foreign Relations of the United States, 1871, pp. 363-393; a partial translation in Government Year Book, 1889 ; F.. J. James 1 translation in Publications of the University of Pennsylvania, Political Science, and Public Law Series, No. 7 (1890); the complete text is presented in classified form, post Appendix A. HISTORICAL GEOGRAPHY. Hertslet,\\\, 1976; Freeman, Historical Geography, I, 219, 229-231, II, Plate xxxi; Droysen, Historischer Hand- Atlas ; Andree, Hand- Atlas ; Stieler, Hand-Atlas ; Neumann, Atlas zum Geographischen Lexikon, special map of the German Empire. TREATISES. The treatises on the German con- stitution' published since 1871, post 471, especially Mohl ; H'dnel ; Ronne; Laband, four-volume and single-volume editions; Zorn ; Schulze ; Meyer, Staatsrecht and Ver- ! waltungsrecht ; A. Lebon, Etudes sur VAllemagne politique (1890). HISTORICAL AC- COUNTS. General references, post 471, especially Miiller, Treitschke, Biedermann, Jastrow, von Sybel, Nicolson, Baring- Gould, Fyffe, Arndt ; Treitschke, Zehn Jahre deutscher K'dmpfe (1879); Simon, D Empereur Guillaume et son Regne, 2 ed. (1881), English translation (1886) ; Lowe, Prince Bismarck (1885), ch. x-xiv. BRIEF ACCOUNTS. Schulze, Lehrbuch, 76-79; Woolsey, Political Science, II, 204-208; Calvo, 51,72; Bryce, Holy Roman Empire, 7 ed. (1877), 4 o -445; Tuttle in Harper's, vol. 63, p. 691 1 (Sept., 1881); J. W. Burgess in Political Science Quarterly, III, 123-135 (Mar., 1888) ; ' Geffcken in Contemporary Review, vol. 49, pp. 280-294 (Feb., 1886), vol. 50, pp. 277-" 294 (Aug., 1886), vol. 51, pp. 586-601 (Apr., 1887), vol. 52, pp. 880-894 (Dec., 1887). 5 2 ~5 3] German Empire. Canada. 75 As almost all the German-speaking states were now included, it seemed fitting to resume the name of Empire; and on Jan. 18, 1871, King William of Prussia was declared German Emperor, in the Palace of Versailles. A few changes of phraseology only were necessary. The four South German States made up the number of twenty-five members. Since 1871 the Empire has continued, powerful in diplomacy, a bulwark against invasion, and a successful federal government. In form the Empire is rather weaker than the United States ; the second chamber has both executive and legis- lative functions, and is made up of instructed ambassadors ; the federal judiciary is weak and still undeveloped; and the prepon- derance of Prussia throws upon the union a strain from which the other federal governments are free. In powers, however, the Ger- man Empire is well endowed ; it has unusual control of commerce and of means of transportation. Many of its powers it has as yet forborne to exercise ; the execution of national powers is still left in many respects to the states ; and there is throughout an inter- dependence of national and state officials which is in contrast to the American system of absolute separation. The union is a strong one, and the great danger, an attempt to centralize and Prussianize the union, has been averted by the moderation of the leading state. Considering the history of Germany, a further / degree of centralization seems unlikely. 53. Canada. 1 Unlike the three other great confederations, ' Canada has had no federal history previous to the formation of the present union ; the traditions of the country have been alien to the idea of federation, and the members of the Dominion had little common history. The colony of which the name has been applied to the whole union was for a century and a half under a thoroughly centralized provincial government, directed from France. It was in 1791 divided by the British authorities into two colonies, but they were re-united in 1840. Jealousies between the two sections of the combined colony, the natural growth of the coun- try, the development and insecurity of the interior, suggested a federation ; and the possibility of railroad connections with the maritime provinces in the east, and with the Pacific on the west, and the danger of absorption by the United States, led to a scheme 1 For references to Canada as a federation, see Appendix C, 472. 76 Federal Government: Modern. [Ch. iv. of union. The first detailed proposition was that of Nova Scotia, in 1864, for a union of the maritime provinces only. As in the case of the Annapolis Convention of 1786, the meeting called to consider the matter proposed a federation ; and a general con- vention was called in 1864, and drew up a series of resolutions, embodying a federal government. Three provinces agreeing, the plan of union was submitted to the British Parliament in 1867, and it was adopted by that body without amendment, in an act bearing date of March 29, 1867. Three other provinces have since given in a voluntary adhesion, one has been admitted out of previously unorganized territory, and there are other inchoate members. The constitution thus created is in many respects like that of the United States ; but it is decidedly more centralized. The principle adopted is novel in federal government ; all powers not expressly stated to be exercised by the provinces are given to the Dominion of Canada : a very elaborate statement of the powers of each has been inserted ; but it has not prevented serious con- flicts between the confederation and members, or a frequent resort to the courts. By its authority to disallow unconstitutional acts, and to appoint provincial governors and judges, the central gov- ernment has greater power than is given under any other federa- tion. On the other hand, the whole Dominion is legally subject to the government of Great Britain ; its status is like that of the early Swiss and mediaeval city leagues under the Holy Roman Empire. The government is conducted under the English system of responsible Parliamentary government, and is a proof that this form is as easily applicable to a federation as to a simple govern- ment. National parties have been developed, but affect local politics less than in the United States. The chief danger to which Canada, and with it British domin- ion in America, is exposed, is the separation of parts from the union. So far there has been developed a strong national feeling ; and the elasticity of the federal tie keeps distant provinces united. The subjection of the local governments has gone too far; and, as the country increases in population, will throw too heavy a burden on the general Parliament. The federal government is well organized, powerful, and accords with the political habits of the people. 53-54] Australasian Confederation. 77 54. Effect of Canadian union on Australasia (1866-1890). 1 Notwithstanding the success of the Swiss and German federations, the federal principle seems likely to see its further development in the new worlds. Italy has been unified on a different principle : in the Balkan peninsula the favorable conditions for federal gov- ernment have led to nothing : the centralized European states show no tendency to create autonomous administrative districts. The only exception is the case of England ; with her vast colonial possessions scattered about the globe, England bears a striking resemblance to Athens at the time of her greatest power : and within these colonies there are two centres of federalizing influ- ences. The Dominion of Canada has rather strengthened than weakened the relations of the North American group of colonies to the mother country. On the other side of the globe the con- ditions are so similar, that a movement is now in progress for the federal union of the Australasian and adjacent colonies. They are rich, prosperous, endowed with nearly independent represen- tative governments, with a common desire to control the South Seas, separated from England and English interests by a wide dis- tance, and already free to legislate in some cases against the mother country. A common danger would probably bring these colonies into a union resembling the Dominion of Canada ; and the neighborhood of, German colonies seems likely to hasten the result. The first step in establishing federations in the Pacific was taken by the colony of New Zealand 2 in applying, in 1852, for an imperial act giving it a federal government. The country was undeveloped, and the conditions were unfavorable for the growth of provinces as units of government. After a trial of twenty-three years, the federal government in 1875 itself gave up the system, and New Zealand returned to a simple colonial government. 1 Australasian federation. BIBLIOGRAPHY. Publications of the Imperial Federa- tion League (post 55); Statesman's Year Book, 1889, pp. 966-968, 1890, pp. 295, 296. HISTORICAL GEOGRAPHY. Standard atlases; Dilke, Problems of Greater Britain (1890). ACCOUNTS AND DISCUSSIONS. Melbourne Review, passim; Debates of the Federal. Con- ference, held Jan., Feb., 1890; Sir Henry Parke in the Centennial Magazine; Dilke, Problems of Greater Britain, 259-275; Engineering, vol. 48, p.. 487 (Oct. 25, 1889); Statesman's Year Book; Government Year Book, 1888, pp. 118-121. 2 New Zealand. McGee, Notes on Federal Government (1865), pp. 45~75 wi 'text; 'R. Stout, Notes on the Progress of New ZeatanJ (iSS6) ', ? C. Firth, Nation-Making (1890). 78 Federal Government : Modern. [Ch. iv. On the continent of Australia the conditions are nearly like those of Canada. The colonies were established separately, and have slowly grown toward each other geographically and politi- cally. Their commercial interests are similar; they can never submit to any divided fate. In race, language, laws, religion, they are practically one. By an imperial act of 1885 a Federal Council was established for Australasia, expressly intended to prepare the way for a con- federation. To this body, consisting of an equal number of repre- sentatives from each colony, is committed, under imperial super- vision, the control of certain international relations, especially the fisheries. Independent of such supervision, it may regulate inter- colonial relations in such matters as the mutual enforcement of judgments. With the consent of the colonial legislatures it may go further. The meetings of the Council have been fruitful chiefly in the exchange of views. In 1890 was held a Federal Conference which served to crystallize public opinion. In February, 1891, will assemble a Federal Convention to draft Articles of Union, probably for submission to the action of the Imperial Parliament. One of the chief difficulties in the way of Australasian union is the small number of colonies to which the union can apply. The whole continent is divided into five colonies : New Zealand and Tasmania will add two more. Some power of subdivision seems necessary. Another difficulty is the great distance of New Zealand, which may prevent that colony from joining the union. It is, however, so clear that federation will be likely to make Australasia a distinct factor in the modern world, that a speedy union is altogether likely. 55. Schemes of Imperial federation (1875-1890). 1 If federa- tion can allay local jealousies, make commerce easy, and unite for defence the power of groups of colonies, might not the same prin- 1 Imperial federation. BIBLIOGRAPHY. Boose, List of Publications. HISTORICAL GEOGRAPHY. Lucas, Historical Geography of the British Colonies (1887); standard atlases, especially Black, Stanford, Stieler, Andree. ACCOUNTS AND DISCUSSIONS. Pub- lications of the Imperial Federation League ; Imperial Federation. Journal of the Leagtie (1886-1890); Todd, Parliamentary Government in the Colonies (1880); Traill, Cen- tral Government (1881), c. 6, 8; Seeley, Expansion of England (1883) ; Lome, Imperial Federation (1885); Dicey, Why England maintains the Union (1887); Frankly n, Unit of Imperial Federation (1887); Partridge, Making of the Irish Nation ; Grant, Imperial Federation, a Lecture (1890); Dilke, Problems of Greater Britain (1890), Part VII. ARTICLES IN PERIODICALS. British Quarterly (Oct., 1884), p. 257; Canadian Monthly, 54-55] Imperial Federation. 79 ciple be applied to the whole British Empire ? Such is the question asked by many English writers. The demand of the Irish to have their local legislature restored to them accentuates the suggestion. An Imperial Parliament and administration may care for imperial affairs, and local parliaments may devote themselves to English, Irish, Canadian, or Cape Colony affairs, as the case may be. The advantages would be the relief of the English Parliament from imperial legislation, the participation of the colonists, the removal of an excuse for seeking their independence, and the mutual guaranty of the parts of the Empire by each other. Steam trans- portation and the telegraph take away the mechanical difficulty of the distance of the members of the Empire from each other. The scheme promises the permanent union of all English-speaking people, except the United States, and would create the most elab- orate and mighty federal government in history. It is this very elaboration which has caused the project to gain ground but slowly, if at all. A federation embracing among its members kingdoms, republican commonwealths, crown colonies with little power of their own, and two powerful federations, sug- gests a return to the Holy Roman Empire. The more important colonies would surrender their present privileges over commerce, and must assume burdens of taxation and defence from which they are now free. The smaller colonies would have an influence in the common parliament out of proportion to their importance. The dependencies, especially India, are set out of the scheme altogether; they must remain subject territories. To many minds the project seems one of dismemberment, of loss of vitality, of future disruption. vol. 8, p. 335, vol. 12, p. 232; Contemporary, Goldwin Smith in vol. 45, pp. 524-540 (Apr., 1884), vol. 48, pp. 693-706 (Nov., 1885), Baden-Powell in vol. 50, p. 493 (Oct., 1886); Edinburgh, vol. 170, p. 247 (July, 1889); E. A. Freeman in Mac Millars, vol. 51, p. 430 (Apr., 1885), and Fortnightly, vol. 22, p. 204; Fortnightly, vol. 43, pp. 33 8 34^ (Mar., 1885), vol. 43, p. 437 (Apr., 1885) ; National Review, Montague Burroim and Sir Samuel Wilson, in vol. 4, pp. 365, 380 (Nov., 1884), vol. 5, p. 207 (Apr., 1885), vol. 5, p. 606 (July, 1885), Baden-Powell in vol. 7, p. 698 (July, 1886), vol. 8, p. 66 (Sept., 1886); Nineteenth Century, vol. 16, p. 505 (Sept., 1884), W. E. Forster in vol. 17, pp. 201, 552 (Feb., Mar., 1885), Bury and Lome in vol. 17, pp. 381, 397 ( Mar - l88 5) vo1 - '7 P- 59 (Apr., 1885), vol. 19, p. 22 (Jan., 1886); North American, vol. 141, pp. 60, 72 (July, 1885); Quarterly Review, vol. 159, pp. 2OI, 4 9 8 (Jan., 1885); Saturday Review, vol. 62, p. 213 (Aug. 14, 1886); W. Leggo, Imperial Confederation from a Canadian Point of View, in Scottish Review, vol. 6, p. 4 8 (July, I 88 5)> and vo1 ' 7> P- 34<> (Apr., 1886)5 Spectator, vol. 56 2 , p. 1305 (Oct. 13, 1883). CHAPTER V. LATIN-AMERICAN CONFEDERATIONS} 56. Mexico (1824-1835, 1867-1890). 57. Central- American Confederation (1824-1839). 58. Venezuela (1830-1890). 59- Argentine Republic (1860-1890). 60. United States of Colombia (1863-1886). 61. Brazil (1889-1890). 1 Latin-American federations. BIBLIOGRAPHIES. De Beeche, Bibliografia Americana (1879); Boston Public Library, Catalogue of Ticknor Library (1879); H. //. Bancroft, History of the Pacific States of North America, vols. Ill, VII-X (1885-1888), on North- American federations only; Lever more and Dewey, Political History since 18/5, pp. 107-111; Winsor, Narrative and Critical History of America, VIII (1889), c. iv, v, deals almost entirely with the colonial and revolutionary periods. No useful list of works on Latin-American public law has been found in the bibliographies of public law {post 465). TEXTS. In some of the collections mentioned/^/ 462; some texts in Arosemena, Estudios (1878); most of them in English in British and Foreign State Papers ; the later ones in French in the Archives Diplomatiques ; a few in Dareste, Con- stitutions. There are separate publications of all constitutions now in force. HISTORI- CAL GEOGRAPHY. Lavoisne, Atlas (1821), No. 67; Droysen, Historischer Hand-atlas (1886), Nos. 82-85; standard atlases of modern geography. Maps in Vincent, Around and about South America (1890); Savage, Manual (1889); Bates, Central America, West Indies, and South America (1882); maps in the political geographies published between 1820 and 1870; Ansart, Atlas Historique, Cartes Modernes, 5, 6. TREATISES. Arosemena, Estudios constitucionales sopre los gobiernos de la America latina (1878); Colmeiro, Derecho constitucional de las republicas hispano-americanas ; Sei/as, Derecho internacionale hispano-americana (18841885); Calvo, Annales historiques (186467), on the beginnings of independent government; Savage, Manual of International and Commercial Intercourse between the United States and Spanish America (1889), 4 I 7-56. HISTORICAL ACCOUNTS AND DESCRIPTIONS. Comprehensive accounts of the Latin- American governments, taken together, since their independence, are wanting, except the voluminous work of Gervinus, Geschichte des iqten Jahrhunderts. Historical sketches in the treatises mentioned above : Bancroft, Pacijic States, deals only with Mex- ico and Central America; H. W. Bates, Central America, the West Indies, and South America (1882); Revue Sud-Americaine ( ). BRIEF ACCOUNTS. Winsor, Narra- tive and Critical, VIII, 220-232, 334-342, chiefly political; United States Consular Reports; Philliniore, 121; Calvo, Recueil Complet, II (1863), pp. i-xxxiv; Calvo, Droit International, 59; Statesman's Year Book (annual) ; Government Year Book (1888). [80] 5 6 Conditions of Latin-American Federation. 8 1 56. Mexico (1824-1835, 1867-1890). 1 - Side by side with the four governments which are asserting the permanence of national federation has grown up a group of states which prove how much the federal principle depends upon the political character of the people. The history of the Spanish colonies in America closely 1 Mexico. BIBLIOGRAPHIES. Arosemena, II, 195; H. H. Bancroft, Pacific States, vols. IV-IX passim, especially VII, pp. xxi-lxii, 820-829, VIII, 66-70, 147-150, IX, 463- 465. 659-666; Catalogue of Ticknor Library (1879), 226; Biblioteca Mejicana (1869); Brasseur de Bourbourg, Bibliotheque mexico-gaiitemalienne (1871); Directorio para las oficinas del servicio publico de correos de la Republic mexicana (1876), pp. 437-533; Ramirez, Biblioteca mexicana (1880) ; Beristain y Martin de Loaza, Biblioteca Hispano- americana setentrional, 2 ed. (1883); Anderson, Mexico from the Material Standpoint (1884), pp. 137-156; Winsor, VIII (1889), 266-270; Foster, Reference Lists, No. 90 (Feb., 1884); Dareste, II, 507; Lalor, Cyclopedia, II, 836; R. Clarke, Bibliotheca Americana, 232-234; Statesman's Year Book ; Peabody Institute Catalogue, IV, 2883, with periodical articles. TEXTS. Separate editions of the federal constitutions of 1824 and 1867; British and Foreign State Papers, vol. 13, pp. 695, 704, vol. 25, p. 683, vol. 47, p. 472; Abbott, Mexico and the United States, 283-309; Archives Diplomatiques, III, 252-262; Dareste, II, 475-507. HISTORICAL GEOGRAPHY. Humboldt, Versuchiiber den politischen Zustand des Konigreichs Neu-Spanien (1809), English translation (1822); Cartography of Mexico in Winsor, VII, 553; Foster, References to Presidential Admin- istrations ; Zamacois, XVIII, Pt. II, p. 1733. TREATISES. On the first period no treatises have been found. On the later period : Derecho Inter nacional Mexicano, official edition, 1878; Gonzalez, Derecho Constitucional, 3 ed. (1879). HISTORICAL. ACCOUNTS AND DESCRIPTIONS. On the earlier period : Alaman, Historia de Mejico (1849-52); Winsor, VIII, 193-232; Poinsett, Notes on Mexico (1825); Ward, Mexico (1829); Thompson, Recollections of Mexico (1846); Mayer, Mexico as it was and is, 3 ed. (1847); Abbott, Mexico and the United States (1869), Part VI; H. H. Bancroft, Pacific States, VIII (1885), 1-150; Bancroft, Popular History of Mexican People (1887); Zamacois, Historia de Mejico (1888, 78-82), 19 vols. On the present federation there is a large literature, chiefly books of travel : Richthofen, Aeusseren und inneren Zustande der Republik von Mexico (1859); Castillo, Mexico en el Siglo XIX (1875); G. Cubas, Republic of Mexico (1876) ; Van Bruyssel, Les Etats-Unis Mexicains (1880) ; Castro, Republic of Atexico in 1882 ; H. Conkling, Mexico and the Mexicans (1882) ; L. Ham- ilton, Border States of Mexico (1882); G. Cubas, Cuadro geographico, estadico, descrip- tivo e historico (1884); //. H. Bancroft, Popular History (1887); H. H. Bancroft, Pacific States, IX (1888), 333-665; especially valuable is Wells, Study of Mexico (1887); Abbott, Mexico and the United States ; Strother in United States Consular Reports. BRIEF ACCOUNTS. Lalor, Cyclopedia, II, 833-837; Dareste, 11,475-477; Government Year Book (1888); Statesman's Year Book ; U Art de Verifier les Dates, 3 Par., IX (1826), 250- 264; H. H. Bancroft, Pacific States, IX, c. 20; Bastian in Sammlung Wissenschaft- licher Vortrage, III, 463-502 (1869); Me Sherry, Mexico and Mexican Affairs, in his Essays and Lectures, p. 31- ; J- T. Morgan, Mexico in North American Reviciu, vol. 136, pp. 409-419 (1883). Many other articles in periodicals, especially Nation. - BEST REFERENCES. Wells, Study of Mexico ; Bancroft, IX, c. 20; Abbott, Study of Mex- ico ; Lalor. Special thanks are due to Sefior Romero, Mexican minister, who has furnished several of the above titles. 82 Federal Government : Latin- Am eric an. [Ch. v. resembles that of the English colonies : for a long period depend- ent, then revolting, then going through a period of war, then independent but feeble, it is not strange that they adopted the political device which seemed to render their northern neighbors strong. The first period of revolution in the Spanish-American colonies began in 1808; in 1814-16 it broke out again, and by 1825, instead of the Spanish colonial empire, there were a dozen detached and independent nations. Most of them became nominal republics ; Brazil alone continued an hereditary monarchy beyond 1824, and in that country the Portuguese sovereign had taken refuge, and his direct line continued. The province of New Spain had for nearly three centuries been under one viceroy, when, in 1821, the Spanish yoke was thrown off. The subdivisions of the country were only administrative. Nevertheless, after one year's experience of a centralized despot- ism, the empire of Iturbide (1822-23), the attempt was made to set up not only a Mexican republic, but also a Mexican federation. 1 The old internal lines were abandoned ; nineteen states and four territories were at once created. After eleven troubled years, the confederacy was overwhelmed ; and during the ensuing thirty-two years the country went through a succession of crises ; dictator- ships, constitutional republics, federal republics, followed in swift succession. The revolt of Texas (1836) and the conquest of New Mexico and California by the United States (1846) were followed in 1863 by the French invasion and the empire of Maximilian. In 1867, after the fall of Maximilian, a federal constitution which had been adopted in 1857 was put into force, and, with some amendments, is still the law of the country. Several causes have combined to prevent the establishment of the government on a true federal basis : the states are but artificial divisions, and have no civic pride of their own and no independence of action ; the relation of church and state is still not completely settled; the country has a heavy debt, and in the process of settling it is compelled to lay heavy national taxes, thus stifling the states ; and unrestricted constitutional opposition to the government is not permitted. President Diaz, who has been in office since 1884, is an able administrator and a man of strong national spirit ; but 1 A constitution, closely modelled upon that of the United States, was promulgated Nov. 5, 1824. 56-5 8 ] Mexico and Central America. 83 the danger of a revolution is still such that the states are not permitted to exercise any powers which might make them centres of military force ; and the new railroads, while they assist the government in maintaining peace and order, tend still farther to concentrate power in the capital. 57. Central American Confederation (1824-1839). * Out of another part of the viceroyalty of New Spain was created another confederation in the same year in which Mexico was founded. The provinces of San Salvador, Guatemala, Honduras, Costa Rica, and Nicaragua had been part of Iturbide's empire (1822-23) ; at its fall, they held a Federal Constitutional Assembly, and the work was completed Nov. 22, 1824. The document is in substance almost the same as the Constitution of the United States ; but a time when the statesmen of the United States were still debating whether nullification was not consistent with federal obligation, was not very favorable for unions having a federal tie less strong. The new government was torn by factions. About 1820 Morazan obtained a practical dictatorship; when he was driven out in 1839, the confederacy fell to pieces. Since that time independent governments have been main- tained ; but occupying, as they do, the region across which a world's highway must eventually be led, the Central American states have a common interest which ought to unite them. There have been repeated conflicts, and in 1890 war broke out between San Salvador and Guatemala to prevent a forced union under the dictation of Guatemala, and federation again seems indefinitely deferred. 58. Venezuela (1830-1890). 2 The Mexican and the Central American confederations were each an attempt to reunite states which had been subjected to common control as colonies. Gen- 1 Central American Confederation. BIBLIOGRAPHIES. Notes to Bancroft, Pacific States, III, 1-146; Bandelier, Notes on the Bibliography of Yucatan and Central America, in American Antiquarian Society, Proceedings, new series, vol. I, pp. 82-118 (1886); Brigham, Guatemala, 430-442; Statesman's Year Book, under Costa Rica, Guatemala, Honduras, Nicaragua, Salvador. TEXTS. British and Foreign State Papers, vol. 12, p. 867, vol. 13, p. 720. HISTORICAL ACCOUNTS. Bancroft, Pacific States, III, 60-144. BRIEF ACCOUNTS. VArt de Verifier les Dates, vol. 9 (1826), 391-396- 2 Venezuela. BIBLIOGRAPHIES. Rojas, Biblioteca de escritoires -venezulaneos ( tempordneos (1875); Spence, Land of Bolivar, II, 271-293; Dareste, II, 517; States- man^ Year Book.- TEXTS. British and Foreign State Papers, I, 1104, XVIII, 1119, LI, 341, LVII, 471; separate publications. TREATISES. None found.- 84 Federal Government: Latin-American. [Ch. v. eral Simon Bolivar, the leader in the South American revolt from Spain, had a similar plan for all the Spanish-American states. He was able for a short time to hold together the former parts of the viceroyalty of Grenada in a single state called Colombia. In 1830 that combination, which had not adopted a federal government, was broken up, and one of the fragments, Venezuela, formed a separate federal constitution, Sept. 22, 1830. After 1847 the coun- try was distracted by disputes and civil wars between the central- ists, who desired to unify the government, and the federalists. The long struggle terminated in a new federal constitution, dated March 28, 1864. Like most of the Spanish- American states, Venezuela fell into the power of a dictator, Guzman Blanco, and Congress registered his decrees. The government still continues federal in form ; but even in a country where the rights of the states have been the subject of repeated wars, there is practically both despotism and centralization. 59. Argentine Republic (1860-1890). a The most promising experiment in Latin-American federation has been that of the Argentine Republic. Of the provinces which made up the vice- royalty of La Plata, Buenos Ayres was the richest and most enterprising. It not only secured an early independence, but aided the provinces on the east and west coasts of South America. In 1815 a kind of federal government was adopted, but the con- ACCOUNTS. Thirton, Etats-unis de Venezula (1867); Meulemans, Republique de Vene- zuela (1872); Dance, Four Years in Venezuela (1876); Spence, Land of Bolivar -(1878). BRIEF ACCOUNTS. Dareste, II, 516; Statesman 's Manual ; Encyclopedia Britannica, 9 ed.; Vincent, Around and about South America, 405-425. 1 Argentine Republic. "" BIBLIOGRAPHIES. Gutierrez, Bibliograjia che la primera imprenta de Buenos Aires (1866); Annuario Bibliografico de la Republica Argentina (1879-1890); Lalor, Cydopcedia, I, 118; Statesman's Year Book; Dareste, II, 525. TEXTS. F. Lajouane, Constituciones de la Republica Argentina, 2d ed. (1885); Arose- mena, I, 153; British and Foreign State Papers, vol. 14, 942, vol. 42, 779, vol. 6, 1028, 1042, vol. 52, 1066; Dareste, II, 527-552; separate publications. TREATISES. Alberdi, Organizacion che la Confederacion (1858); Sarmiento, Commentaires ; Saldias, Ensayo sobre la Historia de la Constitucion Arjentina (1878) ; V. G. Quesada, Virreinato del Rio de la Plata iffb-i8io (1881), chapter on Las Intendencias; F. Ramo Mejia, El Federal- ismo Argentina. HISTORICAL ACCOUNTS AND DESCRIPTIONS. King, Twenty-Four Years in the Argentine Republic (1846); V. F. Lopez, Historia de la Republica Argentina hasta 1852, 8 vols.; Dominguez, Historia Argentina (1861); Clemens, La Plata Country (1866); Page, La Plata ; Beck-Bernard, Republique Argentine (1872) ; Napp, Argen- tine Republic (1876). BRIEF ACCOUNTS. Gallenga, South America (1881), ch. xiii-xv; Dareste, II, 525, 526; Lalor, Cyclopcedia, I, 114-118; Calvo, 59; Daireaux Conflits de la Republique Argentine in Revue des Deux Mondes, 3 ser., vol. XI, 877-890 (1875). s 8 - 60 ! South America. 85 federacy had never any strength, and early ceased to exist. In 1826 a unifying constitution was adopted, and in 1829 Rosas be- came dictator. He fell in 1852, and after a period of disruption the provinces came to an agreement, and framed the first federal constitution, which bears date Oct. 24, 1860. Nevertheless, the federal spirit is not fully developed. The principal weakness of the federation, aside from the imperfect political development of the people, is the preponderance of the province of Buenos Ayres : it has about one-third of the whole population, and includes the metropolis. The result is frequent collision with the other thirteen states. It is a conflict between a rich urban community and the poorer and sparsely settled interior states. In 1890 a revolution caused a bloody contest in the streets of Buenos Ayres, and though the central government was success- ful, the President was forced to resign. The temper of the people will not suffer them to wait for the slow changes brought about in elections. The country has avoided the danger of a permanent dictatorship, and has many of the elements of federal growth. 60. United States of Colombia (1863-1886). 1 When, in 1830, the state of Colombia broke up into its two original component elements ; each took on the form of a federation (see Venezuela, 58); one of them was constituted "The Republic of New Grenada," and adopted a paper federal constitution. As in other Spanish- American states, the struggle between despotism and democracy took the form of a struggle between federalists and centralists ; a succession of revolutions led finally to the civil war of 1860. The "federalists" triumphed. The old thirty-six provinces were grouped into eight states under the federal constitution of the United States of Colombia, May 8, 1863. The attempt was made to throw a greater degree of power on the representatives of the people than is usual in Spanish- American constitutions. Congress 1 United States of Colombia. BIBLIOGRAPHIES. Boston Public Library, Cata- logue of the Ticknor Library, 91; Lalor, Cyclopedia, II, ion; Statesman's Year Book, Art. Colombia; Dareste, II, 515. TEXTS. British and Foreign State Papers, I, 1069, 1181, XIX, 911, XXXII, 1160, XLVIII, 1250, LIII, 286; Arosemena, II, i.- CAL GEOGRAPHY. Walker, Colombia (1822), frontispiece. TREATISES. Samper, Ensayo sobre las Revoluciones politicas (1861) ; Colmeiro, Derecho ConstitucionaL HISTORICAL ACCOUNTS. Bates, Central and South America (1882); Pereira, Etats- Unis de Colombu (1883); especially Hettner, Reisen in den columbianischen Anden, 333-381. ACCOUNTS. Statesman's Year Book; Savage, Manual; North American /te/iVw, vol. 23, 86 Federal Government: Latin- American. Ch. v. had the right, by a majority vote, to pass bills over the veto of the President. Here, as in neighboring countries, the ignorance of the voting population and the rivalries of statesmen destroyed the union. In 1886, as the result of another revolution, the states became simple departments, and the country is now known simply as the Republic of Colombia. 61. Brazil (1889-1890). 1 Of all the Latin-American govern- ments, that of Brazil has during the past half-century seemed most stable ; a royal house, a fair degree of prosperity, and, during the last years, a most enlightened ruler, have combined to uphold the last American monarchy. Perhaps the apparent progress of the country has outrun its advance in civilization. The Consti- tution of 1834 made provision for the exercise of local powers by the provinces ; but it has never been effective in this respect. Certainly the abolition of slavery, which has been going on gradu- ally since 1884, has caused discontent. On Nov. 15, 1889, a sudden insurrection caused the subversion of the government, the expulsion of the Emperor, and the proclamation of a republic, When the leaders of the movement made public their plans, they proposed a federal government, and on June 20, 1890, a federal constitution framed closely on the model of that of the United States was published as a proposition to be specially considered by repre- sentatives of the people in a congress to assemble Nov. 15, 1890. In no country of America do the conditions seem less favorable for federation. The country is vast ; it has for centuries been accustomed to highly centralized and somewhat arbitrary govern- ment ; the variety of races, the ignorance of the recently emanci- pated slaves and of the Indians, the lack of great common inter- ests, the likelihood of complications with neighboring countries, all make it likely that at best Brazil will go through a long course of revolutions before federal government is finally established. 1 Brazil. The revolution in Brazil has been so recent that there is little literature on the federal republic. Text of the proposed constitution in French in the UEtoil du Suet, Rio, June 8, 1890. An account of the weakness of the Empire is in Gallenga, South America (1881), c. xvii. Accounts of the revolution of 1889 in the Annual Register, 1889, pp. [444-[448; Appletorfs Annual Cyclopedia, 1889, pp. 82-86; Nation, vol. 49, pp. 494, 495 (Dec. 19, 1889); Saturday Review, vol. 68, pp. 582, 585 (Nov. 23, 1889); Spectator, vol. 63, pp. 708, 835 (Nov. 23, Dec. IO, 1889); Andover Review, vol. 13, pp. 85-88 (Jan., 1890); Mulhall, Brazil, Past and Future, in Contemporary, vol. 57, pp. 103-111 (Jan., 1890); Le Clerc, Lettres du Bresil (1890); M. T. Gibson, letters published in the New York Times; Tribune Extras, No. 6 (1890). APPENDIX A. CONSPECTUS OF THE FEDERAL CONSTITUTIONS OF CANADA, GERMANY, SWITZERLAND, AND THE UNITED STATES OF AMERICA, ARRANGED IN PARALLEL FORM. Explanation of the arrangement of the Conspectus. The constitutions of the four most important existing federations contain much matter essentially similar in all. Very different principles of fulness and analysis have, however, been adopted in drawing them up, and many articles appear in each not to be paralleled in any other. The Canadian Constitution is the most elaborate. It contains about 11,400 words, and is arranged in 147 articles, classified under II general heads. The German Constitution contains about 6000 words, the articles are 78, and the general heads 14; but many of the articles are long and elaborate. The Swiss Constitution is second in length. It has 7700 words in 127 articles; the classification is more general; there are three chapters, with some subdivisions. The United States has the briefest of the four constitutions. It includes but 5300 words, and is divided into 37 sections (including 13 amendments); the general heads are eight. In all the constitutions except those of the United States the general heads have descriptive titles; and in the Canadian there are side-headings opposite each article, with a summary of the contents. The difference of length and of arrangement in the four instruments is such that it has seemed advisable to adopt a general scheme of classification, which does not precisely follow the arrangement of either of the four constitutions. The following are the four great divisions of this scheme : I. The Formation of the Constitution. II. The States. III. The Form of the Government. IV. The Powers of Government. In many cases a provision might be considered either a definition of the powers of a particular officer or a department, thus coming under the general head of " form of government"; or as a grant of powers to the government, with a further designation of the department by which that power is to be exercised. In all such cases the clause appears under "Powers": it has seemed more important to know what the federal government might do than by whom it might be done. But in order to bring together all associated provisions, a system of cross-references has been adopted in these and other cases. No provision is printed twice. The titles of the paragraphs are inter to show the sub-heads of the analysis. [87] 88 Federal Government : Constitutions. Apr. A Omissions from the original texts. It is the intention to include once in this Conspectus every significant word of the four constitutions. The complete text of each is, therefore, to be found below in a rearranged form, with the following exceptions : 1. The article and section numbers have been struck out at the beginning of the paragraphs, but reappear at the end of each. This process is necessary, because many articles are divided and the parts separated. 2. The side-headings in the Canadian Constitution have been omitted because their purpose is subserved by the paragraph headings of the Conspectus. Mr. J. G. Bourinot has given it as his opinion that those headings are not an integral part of the Dominion Constitution. 3. For a similar reason the " Schedules " of the Canadian Constitution have been left out, but reference to each of them will be found in its appropriate place. With these exceptions, the original text has been preserved in every case, including capitalization and punctuation. Additions to the original texts. The matter of the four constitutions appears in the Conspectus in Roman text. The headings and sub-headings, and the names of the countries inserted before each extract, are not a part of any of the texts, and are distinguished by bold-faced type. The cross- references are in italics. The references at the end of each extract are also set in italics. Paragraph or clause numbers have been added in several cases of long sections, for convenience of reference, though not printed in the original texts. An apparent exception to the rule is the insertion in square brackets of words necessary to complete the sense of a divided sentence. In every such case the words inserted are those used in the original sentence, although the order is sometimes changed. Words which appear in the text, therefore, not enclosed in square brackets, are the precise words of the original texts in every case, and appear nowhere else in the Con- spectus outside of brackets. The texts used. The texts used are as follows : For Canada, the official text of the British North America Act, 1867, printed for the Dominion government. For Germany, the translation by Prof. Edmund J. James, in the Publications of the University of Pennsylvania, Political Economy and Public Law Series, No. 7. (Phila- delphia, 1890.) For Switzerland, the translation by the author of this monograph, in the Old South Leaflets, General Series, No. 18. (Boston, 1890.) For the United States, the official text in the Revised Statutes of the United States, pp. 17-32. (Washington, 1878.) PART I. FORMATION OF THE CONSTITUTION. 62. Formation of the Constitution: Official title. Canada. ANNO TRICESIMO VICTORIA REGIN.. CAP. III. An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith. (29th March 1867.) [Title] Germany. THE IMPERIAL CONSTITUTION. [Title] Switzerland. FEDERAL CONSTITUTION OF THE Swiss CONFEDERATION (OF MAY 29, 1874). [Title.] United States. CONSTITUTION OF THE UNITED STATES 1787. [Title.'] 63. Formation of the Constitution : Purposes. Canada. Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Princi- ple to that of the United Kingdom : And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire : 'And whereas on the Establishment of the Union by Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared : And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America : [Preamble.] Germany. ... For the protection of the territory of the Confederation, and of the laws of the same, as well as for the promotion of the welfare of the German people. . . . [Preamble] Switzerland. ... Desiring to confirm the alliance of the Confederates, to maintain and to promote the unity, strength, and honor of the Swiss nation, . . . [Preamble] The purpose of the Confederation is, to secure the independence of the country against foreign nations, to maintain peace and order within, to protect the liberty and the rights of the Confederates, and to foster their common welfare. [Art. 2] United States. ... in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity,.. . . [Preamble] 64. Formation of the Constitution : Enacting power. Canada. Be it therefore enacted and declared by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows : [Preamble] [89] 9 o Federal Government : Constitutions. [APP. A Germany. His Majesty, the King of Prussia, in the name of the North German Confederation, His Majesty the King of Bavaria, His Majesty the King of Wurtemburg, His Royal Highness the Grand Duke of Baden, and His Royal Highness the Grand Duke of Hesse and by Rhine for those parts of the Grand Duchy of Hesse which are situated south of the Main, conclude an eternal alliance . . . This Confederation shall bear the name of the German Empire, and shall have the following Constitution : [Preamble.'] Switzerland. In the Name of Almighty God. The Swiss Confederation, . . . has adopted the Federal Constitution following: [Preamble."] United States. We the PEOPLE of the United States, ... do ordain and establish this CONSTITUTION for the United States of America. [Preamble.'] 65. Formation of the Constitution: Attestation of framers. Switzerland. Thus resolved by the National Council to be submitted to the popular vote of the Swiss people and of the Cantons. ZIEGLER, President. Bern, January 31, 1874. SCHIESS, Secretary. Thus resolved by the Council of States, to be submitted to the popular vote of the Swiss people and of the Cantons. , A. KOPP, President. Bern, January 31, 1874. J.-L. LUTSCHER, Secretary. [Added after Temporary Provisions^] United States. Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven, and of the Independence of the United States of America the Twelfth In Witness whereof We have hereunto subscribed our Names, G: WASHINGTON Presidt. and Deputy from Virginia New Hampshire. JOHN LANGDON NATHANIEL GORHAM WM. SAML. JOHNSON Massachusetts. Connecticut. New York. ALEXANDER HAMILTON WIL: LIVINGSTON DAVID BREARLEY B. FRANKLIN THOMAS MIFFLIN ROBT. MORRIS GEO. CLYMER New Jersey, Pennsylvania. NICHOLAS GILMAN RUFUS KING ROGER SHERMAN WM. PATERSON JONA: DAYTON THOS. FITZSIMONS JARED INGERSOLL JAMES WILSON Gouv MORRIS 64-67] Formation of the Constitution. 91 Delaware. GEO: READ RICHARD BASSETT GUNNING BEDFORD Jun JACO: BROOM JOHN DICKINSON Maryland. JAMES MCHENRY DANL. CARROLL DAN OF ST THOS JENIFER Virginia. JOHN BLAIR JAMES MADISON Jr. North Carolina. WM. BLOUNT Hu WILLIAMSON. RICHD. DOBBS SPAIGHT South Carolina. J. RUTLEDGE, CHARLES PINCKNEY CHARLES COTESWORTH PINCKNEY PIERCE BUTLER. Georgia. WILLIAM FEW ABR BALDWIN Attest WILLIAM JACKSON Secretary [Added afte^Art. VII.'] 66. Formation of the Constitution : How to be cited. Canada. I. PRELIMINARY. [ Title /.] This Act may be cited as the British North America Act, 1867. \_Art. /.] 67. Formation of the Constitution: When to go into effect. Canada. It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most Honorable Privy Council, to declare by Proclamation that, on and after a Day therein appointed, not being more than Six Months after the passing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Dominion under the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly. [Art. j.] The subsequent Provisions of this Act shall, unless it is otherwise expressed or implied, commence and have effect on and after the Union, that is to say, on and after the Day appointed for the Union taking effect in the Queen's Proclamation; and in the same Provisions, unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act. \_Art. 4>~\ United States. The Ratification of the Conventions of nine States, shall be suffi- cient for the Establishment of this Constitution between the States so ratifying the Same. [Art. VII.'} PART II. THE STATES. Canada. II. UNION. [Title II. ~] RELATIONS OF THE STATES WITH THE UNION. 68. Privileges of the States : Admission. Original States in the Union : 281. Power to admit new States : 282. 69. Privileges of the States : General guaranty. Switzerland. The Confederation guarantees to the Cantons their territory, their sovereignty, within the limits fixed by Article 3, their Constitutions, the liberty and rights of the people, the constitutional rights of citizens, and the rights and powers which the people have conferred on those in authority. [Art. 5.] 70. Privileges of the States : Guaranty of Constitutions. Switzerland. The Cantons are bound to ask of the Confederation the guaranty of their Constitutions. This guaranty is accorded, provided : (a) That the Constitutions contain nothing contrary to the provisions of the Federal Constitution. () That they assure the exercise of political rights, according to republican forms, representative or democratic. (.] 115. Both Houses: Sessions; Adjournment by vote. Adjournment by the Executive : 114. United States. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. [Art. 7, Sec. 5, 4.] 116. Both Houses: Procedure; Rules. United States. Each House may determine the Rules of its Proceedings, . . . [Art. I, Sec.s, *.] 117. Both Houses: Procedure; Discipline. United States. [Each House may] punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Mernber. [Art. 7, Sec. 5, 2.~] 118. Both Houses: Procedure; Journal. Canada. Official languages of the Journals : j-ojr. United States. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; . . . [Art. 7, Sec. 5, j.] 119. Both Houses: Procedure; Official languages. Official languages in debate : 305. 120. Both Houses: Procedure; Publicity. Switzerland. As a rule, the sittings of the Councils are public. [Art. 94.] 121. Both Houses: Procedure; Quorum. Switzerland. In either Council a quorum is a majority of the total number of its members. [Art. .] 128. Lower House: Choice; Apportionment. Canada. On the Completion of the Census in the Year One thousand eight hun- dred and seventy-one, and of each subsequent decennial Census, the Representation of the Four Provinces shall be readjusted by such Authority, in such Manner, and from such Time, as the Parliament of Canada from Time to Time provides, subject and accord- ing to the following Rules : (i). Quebec shall have the fixed Number of Sixty-five Members: (2). There shall be assigned to each of the other Provinces such a Number of Mem- bers as will bear the same Proportion to the Number of its Population (ascertained at such Census) as the Number Sixty-five bears to the Number of the Population of Quebec (so ascertained) : (3). In the Computation of the Number of Members for a Province a fractional Part not exceeding One Half of the whole Number requisite for entitling the Province to a Member shall be disregarded; but a fractional Part exceeding One Half of that Number shall be equivalent to the whole Number : (4). On any such Re-adjustment the Number of Members for a Province shall not be reduced unless the Proportion which the Number of the Population of the Province bore to the Number of the aggregate Population of Canada at the then last preceding Re-adjustment of the Number of Members for the Prov- ince is ascertained at the then latest Census to be diminished by One Twen- tieth Part or upwards : (5). Such Re-adjustment shall not take effect until the Termination of the then existing Parliament. [Art. jr/.] The Number of Members of the House of Commons may be from Time I increased by the Parliament of Canada, provided the proportionate Representation of Provinces prescribed by this Act is not thereby disturbed. [Art. 52.] Switzerland. [The National Council is] chosen in the ratio of one member fc each 20,000 persons of the total population. Fractions of upwards of 10,000 per are reckoned as 20,000. Every Canton, and in the divided Cantons every Half-Canton, chooses at representative. [Art. 7^.] United States. -Representatives and direct Taxes shall be apportioned am several States which may be included within this Union, according to their respec Numbers, which shall be determined by adding to the whole Number of free Persons, io8 Federal Government : Constitutions. [AIT. A including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. . . . The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; . . . [Art. /, Sec. 2, 3.] Manner of taking the census : 408. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the pro- portion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. [Amendment XIV, Sec. 2.~\ 129. Lower House : Choice; Manner. Germany. The members of the Diet shall be chosen in a general election and by direct secret ballot. [Art. 2O.~] Switzerland. The National Council is composed of representatives of the Swiss people, . . . [Art. 72.] The elections for the National Council are direct. They are held in federal electoral districts, which in no case shall be formed out of parts of different Cantons. [Art. 73-~\ United States. The House of Representatives shall be composed of Members chosen by the People of the several States, . . . [Art. /, Sec. 2, /.] 130. Lower House: Choice; Filling vacancies. United States. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. [Art. /, Sec. 2, 4.] 131. Lower House: Choice; Proving elections. Germany. The Diet shall examine into the legality of the election of its members, and decide thereon. [Art. 2j.~\ United States. Proving elections of both Houses : 107. 132. Lower House : Choice; First election. Canada. Until the Parliament of Canada otherwise provides, all Laws in force in the several Provinces at the Union relative to the following Matters or any of them, namely, the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the House of Assembly or Legislative Assembly in the several Provinces, the Voters at Elections of such Members, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which Elections may be continued, the Trial of controverted Elections, and Pro- ceedings incident thereto, the vacating of Seats of Members, and the Execution of new Writs in case of Seats vacated otherwise than by Dissolution, shall respectively apply to Elections of Members to serve in the House of Commons for the same several Provinces. Provided that, until the Parliament of Canada otherwise provides, at any Election for a Member of the House of Commons for the District of Algoma, in addition to Persons qualified by the Law of the Province of Canada to vote, every male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote. [Art. 41.] For the First Election of Members to serve in the House of Commons the Governor 128-135] Choice and Organization of Lower Hotise. 109 General shall cause Writs to be issued by such Person, in such Form, and addressed to such Returning Officers as he thinks fit. [Art. 42, /.J The Person issuing Writs under this Section shall have the like Powers as are pos- sessed at the Union by the Officers charged with the issuing of Writs for the Election of Members to serve in the respective House of Assembly or Legislative Assembly of the Province of Canada, Nova Scotia, or New Brunswick; and the Returning Officers to whom Writs are directed under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the returning of Writs for the Election of Members to serve in the same respective House of Assembly or Legislative Assembly. [Art. 42, *.] In case a Vacancy in the Representation in the House of Commons of any Electoral District happens before the Meeting of the Parliament, or after the Meeting of the Parliament before Provision is made by the Parliament in this Behalf, the Provisions of the last foregoing Section of this Act shall extend and apply to the issuing and returning of a Writ in respect of such vacant District. [Art. 43^ 133. Lower House: Choice; Term of members. Canada. Every House of Commons shall continue for Five Years from the Day of the Return of the Writs for choosing the House and no longer. [Art. 50.] Germany. The Diet shall be elected for three years. It may be dissolved during that time by a resolution of the Federal Council, with the consent of the Emperor. [Art. 24.] Switzerland. The National Council is chosen for three years, and entirely renewed at each general election. [Art. 76.] United States. [Members shall be chosen] every second Year . . . [Art. 7, Sec. 2, /.] 134. Lower House: Choice; Effect of dissolution. Canada. [Every House shall continue Five Years] (subject to be sooner dissolved by the Governor General), . . . [Art. 50.] Germany. In the case of a dissolution of the Diet, new elections shall take place within a period of sixty days, and the Diet shall be called together within a period of ninety days after its dissolution. [Art. 2j.~\ 135. Lower House: Organization; Choice of officers. Canada. The House of Commons on its first assembling after a General Election shall proceed with all practicable Speed to elect One of its Members to be Speaker. [Art. 44-~\ In case of a Vacancy happening in the Office of Speaker by Death, Resignation, or otherwise, the House of Commons shall with all practicable Speed proceed to elect another of its Members to be Speaker. [Art. 45.] The speaker shall preside at all 'Meetings of the House of Commons. [Art. 46.} Until the Parliament of Canada otherwise provides, in case of the Absence for any Reason of the Speaker from the Chair of the House of Commons for a Period of Forty- eight consecutive Hours, the House may elect another of its Members to act as Speaker, and the Member so elected shall during the Continuance of such Absence of the Speaker have and execute all the Powers, Privileges, and Duties of Speaker. [Art. 47. ~] Germany. [The Diet shall] elect its president, vice-presidents and secretaries [Art. 27.] Switzerland. The National Council chooses out of its own number, fo lar or extraordinary session, a President and a Vice-President. A member who has held the office of President during a regular session is mehgibl either as President or as Vice- President at the next regular session. no Federal Government: Constitutions. [APP. A The same member may not be Vice-President during two consecutive regular sessions. {Art. 78.-] United States. The House of Representatives shall chuse their Speaker and other Officers; and ... {Art. /, Sec. 2, 5.] 136. Lower House: Organization; Powers of officers. Casting vote of the presiding officer : 147. 137. Lower House: Members; Compensation. Germany. The members of the Diet shall not be allowed to draw any salary, or be compensated as such. {Art. 32^ Switzerland. The members of the National Council receive a compensation out of the federal treasury. {Art. 79.] United States. Compensation of members of either House : 109. 138. Lower House: Members; Instructions. Germany. The members of the Diet are the representatives of the people as a whole, and shall not be bound by orders and instructions from their constituents. {Art. 29.-] Switzerland. A T o instructions for members of either House : ///. 139. Lower House: Members; Privilege. Privilege of members of either House : 40. Germany. No member of the Diet shall at any time suffer legal or disciplinary prosecution on account of his vote, or on account of utterances made while in the per- formance of his functions, or be held responsible outside the Diet for his course within it. {Art. 30.] Without the consent of the Diet, none of its members shall be tried or arrested during the session for any penal offence committed, except when arrested in the act of commit- ting the offense, or in the course of the following day. The same rule shall apply in the case of arrests for debt. At the request of the Diet, all criminal proceedings instituted against one of its members, and likewise detention or arrest, shall be suspended during its session. Protection by the courts : 257. 140. Lower House : Sessions; Summons. Summons of either House ; 114. Canada. The Governor General shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of Canada, summon and call together the House of Ccvmmons. {Art. 38.] 141. Lower House : Sessions; Adjournment. Germany. Unless by consent of the Diet, an adjournment of that body shall not exceed the period of thirty days, and shall not be repeated during the same session with- out such consent. {Art. 26.~] United States. Adjournment of either House : //J. 142. Lower House: Procedure; Rules. Germany. It [the Diet] shall regulate its mode of transacting business, as well as ... by establishing rules therefor. {Art. 27.'] United States. Rules of either House : 116. 143. Lower House: Procedure; Discipline. Germany. [The Diet shall regulate] its own discipline. {Art. 27.] United States. Discipline in either House : ///. 1 3S~ 1 S 2 1 Procedtire and Poivers of Lower House. ill 144. Lower House: Procedure; Publicity. Germany. The proceedings of the Diet shall be public. Truthful reports of the proceedings of the public sessions , of the Diet shall subject those making them to no responsibility. [Art. 22.~\ Switzerland. Publicity of sittings of either House : 120. 145. Lower House : Procedure; Quorum. Quorum in either House : 121. Canada. The Presence of at least Twenty Members :of the House of Commons shall be necessary to constitute a Meeting of the House for the Exercise of its Powers; and for that Purpose the Speaker shall be reckoned as a Member. [Art. 48^ Germany. The Diet shall take action by absolute (simple) majority. [Art. 28, /.] 146. Lower House: Procedure; Majority. Germany. To render action valid, the presence of a majority of the statutory num- ber of members shall be required. In matters which according to this Constitution do not concern the entire Empire, only such members shall vote as are elected from States whose interests are affected by the proposition. (Repealed by act of February 24, 1873.) [Art. 28. .] Switzerland. Majority in either House : 122. 147. Lower House: Procedure; Casting vote. Canada. Questions arising in the House of Commons shall be decided by a Majority of Voices other than that of the Speaker, and when the Voices are equal, but not otherwise, the Speaker shall have a Vote. [Art. ^9.] Switzerland. When the votes are equally divided the President has a casting vote; in elections he votes in the same manner as other members. [Art. f8.~\ POWERS OF THE LOWER HOUSE. 148. Lower House: Powers; Initiative in legislation. Germany. The Diet shall have the right to propose laws within the jurisdiction of the Empire, and . . . [Art. 23.] Switzerland. Initiative in either House : 777. United States. Power to initiate money bills : 779. 149. Lower House : Powers; Share in legislation. Consensus of both Houses : 180. 150. Lower House: Powers; Referring petitions. Germany. [The Diet shall have the right] to refer petitions, addressed to it, to the Federal Council or the Chancellor of the Empire. [Art. 23.] 151. Lower House: Powers; Judicial. United States. [The House of Representatives] shall have the sole Power of Impeachment. [Art. f, Sec. 2, 2.~] THE UPPER HOUSE OF THE LEGISLATIVE DEPARTMENT. Canada. THE SENATE. [ Title IV, Sub-title 7.] Germany. III. FEDERAL COUNCIL. [ Title III.'] Switzerland. B. COUNCIL OF STATES. (CONSEIL DBS ETATS ; STAENDERATH.) [Chapter //, Title 7, Sub-title B.~] 152. Upper House: Choice; Manner and number. Canada. The Governor General shall from Time to Time, in the Queen's Name, by 1 1 2 Federal Government : Constitutions. [ APP. A Instrument under the Great Seal of Canada, summon qualified Persons to the Senate ; and, subject to the Provisions of this Act, every Person so summoned shall become and be a Member of the Senate and a Senator. \_Art. 24^ Such Persons shall be first summoned to the Senate as the Queen by Warrant under Her Majesty's Royal Sign Manual thinks fit to approve, and their Names shall be inserted in the Queen's Proclamation of Union. [Art. 25.'] If at any Time on the Recommendation of the Governor General the Queen thinks fit to direct that Three or Six Members be added to the Senate, the Governor General may by Summons to Three or Six qualified Persons (as the Case may be), representing equally the Three Divisions of Canada, add to the Senate accordingly. [Art. 26.] In case of such Addition being at any Time made the Governor General shall not summon any Person to the Senate, except on a further like Direction by the Queen on the like Recommendation, until each of the Three Divisions of Canada is represented by Twenty-four Senators and no more. [Art. 2?.~\ Germany. Each member of the Confederation may appoint as many delegates to the Federal Council as it has votes, . . . [Art. 6.~\ Switzerland. Each Canton appoints two representatives; in the divided Cantons, each Half-State chooses one. [Art. So.'] United States. [The Senators from each State shall be] chosen by the Legislature thereof, . . . [Art. /, Sec. 3, /.] 153. Upper House : Choice; Filling vacancies. Canada. When a Vacancy happens in the Senate by Resignation, Death, or other- wise, the Governor General shall by Summons to a fit and qualified Person fill the Vacancy. [Art. 32."] United States. . . . and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacan- cies. [Art. /, Sec. j, 2.] 154. Upper House : Choice; Apportionment. Canada. The Senate shall, subject to the Provisions of this Act, consist of Seventy- two Members, who shall be styled Senators. [Art. 2i.~\ The Number of Senators shall not at any Time exceed Seventy-eight. [Art. 28.'] In relation to the Constitution of the Senate, Canada shall be deemed to consist of Three Divisions 1. Ontario; 2. Quebec; 3. The Maritime Provinces, Nova Scotia and New Brunswick; which Three Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows: Ontario by Twenty-four Senators; Quebec by Twenty-four Senators; and the Maritime Provinces by Twenty-four Senators, Twelve thereof representing Nova Scotia, and Twelve thereof representing New Brunswick. In the Case of Quebec each of the Twenty-four Senators representing that Province shall be appointed for One of the Twenty-four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the Consolidated Statutes of Canada. [Art. 22.] In case of the Admission of Newfoundland and Prince Edward Island, or either of them, each shall be entitled to a Representation in the Senate of Canada of Four Mem- bers, and (notwithstanding anything in this Act) in case of the Admission of Newfound- land the normal Number of Senators shall be Seventy-six and their maximum Number 152-155] Choice of the Upper House. II3 shall be Eighty-two; but Prince Edward Island when admitted shall be deemed to be comprised in the third of the Three Divisions into which Canada is, in relation to the Constitution of the Senate, divided by this Act, and accordingly, after the Admission of Prince Edward Island, whether Newfoundland is admitted or not, the Representation of Nova Scotia and New Brunswick in the Senate shall, as Vacancies occur, be reduced from Twelve to Ten Members respectively, and the Representation of each of those Provinces shall not be increased at any Time beyond Ten, except under the Provisions of this Act for the Appointment of Three or Six additional Senators under the Direction of the Queen. [Art. itfJ} Germany. The Federal Council shall consist of the representatives of the members of the Confederation, among which the votes shall be divided in such manner as that Prussia (including the former votes of Hanover, the Electorate of Hesse, Holstein, Nassau, and Frankfort) shall have 17 votes; Bavaria, 6 votes; Saxony, 4 votes; Wurtem- burg, 4 votes; Baden, 3 votes; Hesse, 3 votes; Mecklenberg-Schwerin, 2 votes; Saxe- Weimar, I vote; Mecklenburg-Strelitz, i vote; Oldenburg, I vote; Brunswick, 2 votes; Saxe-Meiningen, I vote; Saxe-Altenburg, I vote; Saxe-Coburg-Gotha, I vote; Anhalt, i vote; Schwarzburg-Rudolstadt, i vote; Schwarzburg-Sondershausen, I vote; Waldeck, I vote; Reuss (elder branch), i vote; Reuss (younger branch), i vote; Schamburg- Lippe, I vote; Lippe, I vote; Lubeck, i vote; Bremen, I vote; Hamburg, i vote total, 58 votes. [Art. 6.~] Switzerland. The Council of States consists of forty-four representatives of the Cantons. [Art. 8o.~\ United States. The Senate of the United States shall be composed of two Senators from each State, . . . [Art. /, Sec. j>, /.] 155. Upper House: Choice; Qualifications of members. Canada. The Qualification of a Senator shall be as follows : (i.) He shall be of the full Age of Thirty Years: (2.) He shall be either a Natural-born Subject of the Queen, or a Subject of the Queen naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of One of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, before the Union, or of the Par- liament of Canada after the Union : (3.) He shall be legally or equitably seised as of Freehold for his own Use and Benefit of Lands or Tenements held in free and common Socage, or seised or possessed for his own Use and Benefit of Lands or Tenements held in Franc-alleu or in Roture, within the Province for which he is appointed, of the Value of Four thousand Dollars, over and above all Rents, Dues, Debts, Charges, Mortgages, and Incumbrances due or payable out of or charged on or affecting the same : (4.) His Real and Personal Property shall be together worth Four thousand Dollars over and above his Debts and Liabilities : (5.) He shall be resident in the Province for which he is appointed : (6.) In the Case of Quebec he shall have his Real Property Qualification in the Electoral Division for which he is appointed, or shall be resident in that Division : [Art. 2j.~\ DECLARATION OF QUALIFICATION. [ The Fifth Schedule : text omitted.~\ Not to be a member of the House of Commons : 126. United States. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall 114 Federal Government: Constitutions. [APR A not, when elected, be an Inhabitant of that State for which he shall be chosen. \_Art. /, Sec. 3, J.] 156. Upper House: Choice; Incompatibility of other functions. Canada. If any Person being at the passing of this Act a Member of the Legisla- tive Council of Canada, Nova Scotia, or New Brunswick, to whom a Place in the Senate is offered, does not within Thirty Days thereafter, by Writing under his Hand addressed to the Governor General of the Province of Canada or to the Lieutenant Governor of Nova Scotia or New Brunswick (as the Case may be), accept the same, he shall be deemed to have declined the same; and any Person who, being at the passing of this Act a Member of the Legislative Council of Nova Scotia or New Brunswick, accepts a Place in the Senate shall thereby vacate his Seat in such Legislative Council. [Art. 127.-} Germany. No one shall be at the same time a member of the Federal Council and of the Diet. [Art. 9.] Switzerland. The members of the National Council and those of the Federal Council may not be representatives in the Council of States. [Art. 8i.~\ United States. Disqitalification of holders of certain federal officers for membership in either House : 108. 157. Upper House: Choice; Disqualification of a member. Canada. The Place of a Senator shall become vacant in any of the following Cases : (i.) If for Two consecutive Sessions of the Parliament he fails to give his Attendance in the Senate : (2.) If he takes an Oath or makes a Declaration or Acknowledgment of Allegiance, Obedience, or Adherence to a Foreign Power, or does an Act whereby he becomes a Subject or Citizen, or entitled to the Rights or Privileges of a Subject or Citizen, of a Foreign Power : (3.) If he is adjudged Bankrupt or Insolvent, or applies for the Benefit of any Law relating to Insolvent Debtors, or becomes a public Defaulter : (4.) If he is attainted of Treason or convicted of Felony or of any infamous Crime : (5.) If he ceases to be qualified in respect of Property or of Residence; provided, that a Senator shall not be deemed to have ceased to be qualified in respect of Residence by reason only of his residing at the Seat of the Government of Canada while holding an Office under that Government requiring his Presence there. [Art. j/.] 158. Upper House : Choice; Resignations. Canada. A Senator may by Writing under his Hand addressed to the Governor General resign his Place in the Senate, and thereupon the same shall be vacant. [Art. 30.-} 159. Upper House: Choice; Proving elections. Canada. If any Question arises respecting the Qualification of a Senator or a Vacancy in the Senate the same shall be heard and determined by the Senate. {.Art. 33.-} United States. Proving elections of members of either House : 107. 160. Upper House : Choice; Term. Canada. A Senator shall, subject to the Provisions of this Act, hold his Place in the Senate for Life. [Art. 2g.~\ United States. [Senators shall be chosen] for six years; . . . [Art. 7, Sec. 3, 1*3 iSS-'S?] Members and Organization of Upper House. 115 Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one-third may be chosen every second Year; . . . [Art. /, Sec. j, .] 182. Process of legislation: Presentation to the Executive. Canada. Where a Bill passed by the Houses of the Parliament i5 presented to the Governor General for the Queen's Assent, he shall declare, according to his Discretion, but subject to the Provisions of this Act and to Her Majesty's Instructions, either that he assents thereto in the Queen's Name, or that he withholds the Queen's Assent, or that he reserves the Bill for the Signification of the Queen's Pleasure. {Art. 55.] United States. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; {Art. I, Sec. 7, 2.~\ 183. Process of legislation : Executive approval. Canada. Where the Governor General assents to a Bill in the Queen's Name, he shall by the first convenient Opportunity send an authentic Copy of the Act to One of Her Majesty's Principal Secretaries of State, . . . {Art. 56.] United States. If he [the President] approve, he shall sign it, ... {Art. /, Sec. 7, *.] 184. Process of legislation : Executive disapproval. Germany. When a law is proposed in relation to the army, or navy, or to the 178-190] Process of Legislation. 119 imposts specified in Article 35, the vote of the presidium shall decide in case of a dif- ference of opinion in the Federal Council, if said vote be in favor of the retention of existing arrangements. \_Art. 5, 2.~\ United States. ... but if not he [the President] shall return it, with his Objec- tions to that House in which it shall have originated, . . . [Art. /, Sec. 7, 0jr. Germany. The laws of the Empire shall be rendered binding by Imperial procla- mation, such proclamation to be published in a journal devoted to the publication of the laws of the Empire (Reichsgesetzblatt Imperial Gazette). If no other period shall be 1 20 Federal Government : Constitutions. [APP. A designated in the published law for it to take effect, it shall take effect on the four- teenth day after its publication in the Imperial Gazette at Berlin. [Art. 2.~\ POWERS OF THE LEGISLATIVE DEPARTMENT. Canada. POWERS OF THE PARLIAMENT. [ Title VI, Sub-title /.] Switzerland. C. POWERS OF THE FEDERAL ASSEMBLY. [Chapter //, Title I, Sub-title C] 191. Legislative powers : Enumeration. Canada. ... and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say : [Art. 97.] , Germany. The following matters shall be under the supervision and legislative con- trol of the Empire : [Art. 4.] Switzerland. The subjects within the competence of the two Councils are particu- larly the following : [Art. 85} United States. The Congress shall have Power . . . [Art. 7, Sec. 8, /.] 192. Legislative powers : Supervisory. Division of powers between the nation and States : 271-280. Control of federal elections : 106. Switzerland. Superintendence of administration : 263269. 193. Legislative powers : Territorial. Admission of States : 282. United States. Regulation of territory : 284. Acceptance of a federal district : 285. Government of a federal district : 285. Government of forts and sites : 286. 194. Legislative powers : Over citizens. Status of citizens : 290, 402. Status of aliens : 295. Enforcement of State citizenship : 69, 290, 301, 308. Naturalization : 291. Regulation of aborigines : 294. Establishment of civil and criminal law : 331335- Enforcement of education in the States : 343. Germany. Conditions of emigration : 292. Switzerland. Status of Heimathlosen : 291. Deprivation of political rights : 293. Regulating the exercise of the suffrage in Cantons : 315. Regulation of religious bodies : 339-, 341- Highkr education : 344. United States. Removal of disabilities of former rebels : 319. Place of trial jixed by Congress : 323. 195. Legislative powers : Financial. Auditing accounts : 346. Control of expenses : 350. Taxation : 352-354. Assessing requisitions : 358. Fixing salaries : 374. Customs duties : 359. Excise duties : 363. borrowing money : 367. Currency and coinage : 399. Banks : 404. Legal tender : 405. 196. Legislative powers : Commercial. Legislation on commercial law : Jj"/, 332, 255, 402. General control of commerce : 375. Shipping and navigation : 377, 378. 190-202] Legislative Powers. 121 Special control of foreign commerce : 376. Internal improvements : 384. Immigration and emigration : 380. Interstate commerce : 383. Control of railways : 383, 387-390. Construction of railways : 386. Establishment of post-offices and telegraphs : 392-398. Coinage : 399. Weights and measures : 400. Collection of debts and bankruptcy : 410. Patents and copyrights : 401. Banks and paper money . 404. Legal tender : 405. Insurance : 407. Census : 408. Canada. Fisheries : 379. Agriculture : 410. Germany. Management of railways : 387-390. Switzerland. Gunpowder monopoly : 403. 197. Legislative powers: Foreign. Germany. Ratification of treaties involving affairs subject to national legislation : 416. Switzerland. Measures for external safety and international relations : 411, Making treaties : 415. Approval of cantonal treaties : 421. 198. Legislative powers : Military. General authority over military matters: 423. Declaration of war : 424. Military codes : 438. Administering the army : 425, 428. Providing a navy : 441. Switzerland. Control of the federal army : 429. Choice of commander in chief: 429. 199. Legislative powers : Police. Medical and veterinary matters : 447. Marriage : 312. Canada. Divorce : 313. Switzerland. Suppression of lotteries : 444. Protection of laborers : 445. Game laws : 446. Keeping records of civil status : 314. Regulation of the practice of a profession : 449. 200. Legislative powers: Enforcement. Maintenance of order : 453. Federal intervention : 454. Switzerland. Measures for preserving the Constitution : 432. 201. Legislative powers : Amendment. Right to propose amendments : 456. Germany. Right to make amendments : 45^' LIMITATIONS ON THE. POWERS OF THE LEGISLATIVE DEPARTMENT. 202. Limitations on legislation : Rights of citizens. Freedom of association : 299. Freedom of petition : 300. Free speech and press : 298. Use of official langttages assured: 305. Civil equality assured: 306. No establishment of religion : 336. No religious tests : 337. Public schools to be non-sectarian : 345. Switzerland. No person to be deprived of his constitutional judges : 321. No death penalty for a political cri?ne : 333. No corporal punishment : 333. Free exercise of religion assured: JJ& United States. Retention of non-delegated powers by the people : 276. No slavery to exist : 297. Right of keeping and bearing arms assured: 302 No quartering of soldiers : 303. No arbitrary search or seizure : 304- 122 Federal Government : Constitutions. [APP. A No trial without indictment : 322. No excessive punishments : 328. No deprivation of life, liberty or property, Without due process of law : 326. Habeas Corpus not to be suspended, except in exigencies : 330. No bill of attainder or ex-post-facto law : 329. No conviction for treason, except .... 333. 203. Limitations on legislation: Financial. Budget and accounts : 346. Taxing power limited ': 354. Gradual extinction of State taxes : 356. Sums to be voted to the States : 372. Appropriation for a limited period : J7/. Canada. Succession of financial charges : 373. Switzerland. Principles regulating the collection of customs : 362. States permitted to collect liquor duties : 364. United States. Payment of pre-existing debt guaranteed : 369. Payment of 'war debt guaranteed ': 369. Claims for rebel debt excluded : 370. 204. Limitations on legislation: Commercial. No discrimination as to ports : 376378' Germany. No discrimination as to the use of water ways : 383. Switzerland. Postal rates to be fair : 397. Secrecy of the post to be observed : 398. 205. Limitations on legislation : Military. Germany. Strength of the standing army jixed till a certain date : 425. Switzerland. No standing army in time of peace : 425. Bodies of troops usually not to be formed out of soldiers of different Cantons : 434. United States. No appropriation for military purposes for more than two years : 442. RELATIONS OF THE LEGISLATIVE WITH OTHER DEPARTMENTS. 206. Legislative department : Relations with the Executive. Relations of the Executive with the Legislature : 241-244. Switzerland. Election of the Federal Council : 214. Election of President of the Confederation and Vice-President of the Federal Coun- cil : 223. Election of the Chancellor : 227, Election of the Commander in Chief : 429. [Within the competence of the two Councils are] The superintendence of federal administration and . . . [Art. 85, u.~] 207. Legislative department : Relations with the Judiciary. Relations of the Judiciary with the Legislature : 269. Creation of a Supreme Court: 247. Creation of inferior courts : 248. Switzerland. Election of the Federal Court: 251. > Supervision of the courts : 263. THE EXECUTIVE DEPARTMENT. Canada. III. EXECUTIVE POWER. [ Title ///.] IX. MISCELLANEOUS PROVISIONS. [ Title IX.~] Germany. IV. THE PRESIDENCY. [Title IV."] Switzerland. ii. FEDERAL COUNCIL. [CONSEIL FEDERAL; BUNDESRATH.] [Chap- ter II, Title ii.~\ V. MISCELLANEOUS PROVISIONS. [ Chapter II, Title v.~] 202-212] Legislative Relations. Choice of Executive. 123 THE EXECUTIVE HEAD. 208. Executive head : In whom vested. Canada. The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen. \_Art. 9.] The Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland. [Art. 2.~] The Provisions of this Act referring to the Governor General extend and apply to the Governor General for the Time being of Canada, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title he is designated. [Art. /a] Germany. To the King of Prussia shall belong the Presidency of the Confedera- tion, and he shall have the title of German Emperor. [Art. n } /.] Switzerland. The supreme direction and executive authority of the Confederation is exercised by a Federal Council, composed of seven members. [Art. 95.] United States. The executive Power shall be vested in a President of the United States of America. [Art. 77, Sec. /,/.] 209. Executive: Choice; Qualifications of electors. General qualifications of federal voters : j/j-, j/6, ^79. 210. Executive : Choice; Qualifications. Switzerland. The members of the Federal Council are chosen from among all the Swiss citizens eligible to the National Council. But not more than one member of the Federal Council shall be chosen from the same Canton. [Art. 96, /.] The members of the Federal Council shall not, during their term of office, occupy any other office, either in the service of the Confederation or in a Canton, or follow any other pursuit, or exercise a profession. [Art. 97.] United States. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. [Art. If, Sec. /, ^.] 211. Executive : Choice; Of electors. United States. [The President shall] together with the Vice President, chosen for the same Term, be elected, as follows [Art. 77, Sec. /, /.] Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress : but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. [Art. 77, Sec. /, 2.~] * 212. Executive: Choice; By electors. United States. The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabit- ant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; [Amendment Xfl.'] i The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. [Art. //, Sec. i, 4.] 1 24 Federal Government : Constitutions. [ APP. A 213. Executive: Choice; Count of votes. United States. The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed ; \_Amendment XIL~\ 214. Executive: Choice; By legislature. Switzerland. [The members of the Federal Council are chosen] by the Councils in joint session. [Art. 96, /.] [Within the competence of the Councils are] the election of the Federal Council. [Art. 85, ^.] Choice of federal Council by the Federal Assembly: 210. United States. ... and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as Presi- dent, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary ' to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth clay of March next follow- ing, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. [Amendment XH.~\ 215. Executive : Choice; Vacancies. Switzerland. Vacancies which occur in the course of the three years are filled at the first ensuing session of the Federal Assembly, for the remainder of the term of office. [Art. 96, J-] United States. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation, or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. [Art. //, 216. Executive : Choice; Deputy. Canada. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor General from Time to Time to appoint any Person or any Persons jointly or severally to be his Deputy or Deputies within any Part or Parts of Canada, and in that Capacity to exercise during the Pleasure of the Governor General such of the Powers, Authorities, and Functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the Governor General himself of any Power, Authority, or Function. [Art. 14.] United States. The Vice President : ^/j. 213-223] Choice and Organization of Executive. 125 217. Executive: Choice; Term of office. Switzerland. [The members of the Federal Council are chosen] for three years [Art. 96, /.] The Federal Council is chosen anew after each election of the National Council [Art. 96, 2.-] United States. He [the President] shall hold his Office during the Term of four Years, and . . . [Art. II, Sec. i, /.] 218. Executive : Removal. United States. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors^ [Art. II, Sec. 4.] 219. Executive : Compensation. Switzerland. The President of the Confederation and the other members of the Federal Council receive an annual salary from the federal treasury. [Art. 99.] United States. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. [Art. II, Sec. i, 6.] 220. Executive : Privileges; Protection. Germany. Protection by the Courts : 257. 221. Executive : Oath. United States. Before he [the President] enter en the Execution of his Office, he shall take the following Oath or Affirmation : " I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." [Art. II, Sec. i, 7.] ORGANIZATION OF THE EXECUTIVE DEPARTMENT. 222. Executive : Organization; Cabinet. Canada. There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen's Privy Council for Canada; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Governor General and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Governor General. [Art. //.] The Provisions of this Act referring to the Governor General in Council shall be con- strued as referring to the Governor General acting by and with the Advice of the Queen's Privy Council for Canada. [Art. /j.] Germany. The Chancellor of the Empire: i6f, 229, 346. Switzerland. The business of the Federal Council is 'distributed by departments among its members. This distribution has the purpose only of facilitating the examina- tion and despatch of business; decisions emanate from the Federal Council as a single authority. [Art. lojJ] United States. ... he [the President] may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, . . . [Art. II, Sec. 2, /.I 223. Executive : Organization; Expert advice. Switzerland. The Federal Council and its departments have power to call in experts on special subjects. [Art. 104."] - - 1 26 Federal Government : Constitutions. [APP. A 225. Executive : Organization; Officers. Manner of appointment : 214, 231. Switzerland. The Federal Council is presided over by the President of the Con- federation. There is a Vice-President. The President of the Confederation and the Vice-President of the Federal Council are chosen for one year by the Federal Assembly from among the members of the Council. The retiring President shall not be chosen as President or Vice-President for the year ensuing. The same member shall not hold the office of Vice-President during two consecutive years. [Art. y8.~] 226. Executive : Organization; Quorum. Switzerland. A quorum of the Federal Council consists of four members. [Art. 100.1 227. Executive : Organization; Chancery. Germany. The Chancellor : 165. Chancellor's signature for decrees and ordinances : 229. Switzerland. iii. FEDERAL CHANCERY. [CHANCELLERIE FEDERALE ; BUNDES- KANZLEI.] [Chapter II, Title Hi '.] A Federal Chancery, at the head of which is placed the Chancellor of the Confedera- tion, conducts the secretary's business for the Federal Assembly and the Federal Coun- cil. [Art. JO^J] And [within the competence of the two Councils is the election] of the Chancellor, . . . [Art. 8j, *] The Chancellor is chosen by the Federal Assembly for the term of three years, at the same time as the Federal Council. The Chancery is under the special supervision of the Federal Council. A federal law shall provide for the organization of the Chancery. [Art. 103."] POWERS OF THE EXECUTIVE DEPARTMENT. 228. Executive powers : General. Canada. All Powers, Authorities, and Functions which under any Act of the Par- liament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the Union vested in or exerciseable by the respective Govern- ors or Lieutenant Governors of those Provinces, with the Advice, or with the Advice and Consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exerciseable by the Governor General, with the Advice or with the Advice and Con- sent of or in conjunction with the Queen's Privy Council for Canada, or any Members thereof, or by the Governor General individually, as the Case requires, subject neverthe- less (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada. [Art. i2.~\ Switzerland. The powers and the duties of the Federal Council, within the limits of this Constitution, are particularly the following : i. It conducts federal affairs, conformably to the laws and resolutions of the Con- federation. [Art. 102, /.] 225-233] Executive Organization and Powers. i 2 j 229. Executive powers : Ordinance. Germany. The decrees and ordinances of the Emperor shall be made in the name of the Empire, and require for their validity the signature of the Imperial Chancellor, who thereby takes upon himself the responsibility for them. [Art. 77.] Ordinances by the Federal Council : 1^4. 230. Executive powers: Administration. Switzerland. It [the Federal Council] administers the military establishment of the Confederation, and all other branches of administration committed to the Confedera- tion. [Art. 102, 12.'] 231. Executive powers: Appointment. Canada. Until the Parliament of Canada otherwise provides, the Governor General in Council may from Time to Time appoint such Officers as the Governor General in Council deems necessary or proper for the effectual Execution of this Act. [Art. /j/.] Germany. The Emperor shall appoint imperial officials, require them to take the oath of allegiance to the Empire, and dismiss them when necessary. [Art. 18, /.] Appointment of postal officials : 393. Switzerland. It [the Federal Council] makes those appointments which are not assigned to the Federal Assembly, Federal Court, or other authority. [Art. 102, 6.] United States. ... and he [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be estab- lished by Law : [Art. 77, Sec 2, .] Disqualification of certain former rebels : jig. 232. Executive powers: Appointment; Status of state officers. Canada. Until the Parliament of Canada otherwise provides, all Officers of the several Provinces having Duties to discharge in relation to Matters other than those coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces shall be Officers of Canada, and shall continue to discharge the Duties of their respective Offices under the same Liabilities, Responsibilities, and Penalties as if the Union had not been made. [Art. 130.'] [In each Province the Legislature may exclusively make laws in relation to] The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers. [Art. 92, ^.] Germany. Salaried officials of a state must vacate seats in the Diet: 126. Officials of any one of the States of the Confederation, who shall be appointed to any imperial office, shall enjoy the same rights as those to which they are entitled in their native States by virtue of their official position, provided no other legislative provision shall have been made previous to their entrance into the service of the Empire. [Art. 18, 2 .-\ United States. Disqualification of certain former rebels : j*/0. 233. Executive powers: Appointment; Provision by law. * Switzerland. [Within the competence of the two Councils are] The salary and compensation of members of the federal governing bodies and of the Federal Chancery; the creation of federal offices and the determination of salaries therefor. [Art. 8j, j.] The Confederation may by law assign to the Federal Assembly other powers of election or of confirmation. [Art. 8j, 4] 128 Federal Government : Constitutions. [APP. A United States. ... but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. {Art II, Sec. 2, 2.~\ 234. Executive powers: Appointment; Responsibility of officials. Switzerland. The officials of the Confederation are responsible for their conduct in office. A federal law shall enforce this responsibility. [Art. 7/7.] It [the Federal Council] supervises the conduct of all the officials and employees of the federal administration. \_Art. 102, 75.] 235. Executive powers: Territorial. Canada. Admission of colonies : 282. Changing seat of government : 285. 236. Executive powers : Financial and commercial. Germany. Power of the presidium on alterations of excise and customs : 363. Administration of postal finances : 394.. Appointment of postal officials : J9J. Switzerland. Administration of finances : 346. United States. No money to be draivn except by law : J7/. 237. Executive powers: Foreign. General change of foreign relations : 411. Receiving and accrediting embassadors : 412. Negotiating treaties : 415. Germany. Making certain treaties^ 415. Supervision of consular affairs : 413. Switzerland. Intermediary of Cantonal negotiations -with foreign powers : 419. Examination of intercantonal treaties : 278. 238. Executive powers: Military. Command of the army: 429. Call of troops in case of exigency: 429,438. Appointment of officers : 430. Germany. Declaration of war with consent of Federal Council : 424. Organization of the army : 433. Transfer of officers : 430. Declaring martial law : 439. Special change of the navy : 441. Carrying out military executions : 455. 239. Executive powers: Execution of laws. Germany. [It shall be the duty of the Emperor] to supervise their [the laws of the Empire] execution. \_Art. 77.] Switzerland. It [the Federal Council] takes care that the Constitution, federal laws and ordinances, and also the provisions of federal concordats, be observed; upon its own initiative or upon complaint, it takes measures necessary to cause these instru- ments to be observed, unless the consideration of redress be among the subjects which should be brought before the Federal Court, according to Article 113. [Art. 102, 2.~] It executes the laws and resolutions of the Confederation and the judgments of the Federal Court, and also . . . [Art. 102, 5.] United States. ... he [the President] shall take Care that the Laws be faith- fully executed, . . . [Art. II, Sec. j.] 240. Executive powers: Protection of States. Switzerland. Federal Council watches over the guaranty of Cantonal Constitu- tions : 70. Intervention to protect a State : 454. RELATIONS OF THE EXECUTIVE WITH OTHER DEPARTMENTS. 241. Executive relations with Legislature : Reports. Switzerland. It [the Federal Council] submits to the Federal Assembly at each regular session an account of its administration and a report of the condition of the Confederation, internal as well as external, and . . . 233-247] Executive Powers and Relations. 129 It also makes special reports when the Federal Assembly or either Council requires it. [Art. 102, j6.~\ United States. He [the President] shall from time to time give to the Congress Information of the State of the Union, and . . . [Art. II, Sec. j.] 242. Executive relations with Legislature : Speaking. Germany. Right of members of the Federal Council to speak in the Diet: 164. Switzerland. The members of the Federal Council have the right to speak but not to vote in either house of the Federal Assembly, and also the right to make motions on the subject under consideration. [Art. 707.] 243. Executive relations with Legislature : Sessions. Convocation by the Executive head : 114. Adjournment by the Executive head : 114. Dissolution by the Executive head : 133, 134. 244. Executive relations with Legislature : Share in legislation. Reports: 776. Initiative: 176. Approval of bills : 183. Disapproval of bills : 184. General relations of Legislature -with Executive : 206. Canada. Reservation of bills: / 3 2 7> RELATIONS OF THE JUDICIARY WITH OTHER DEPARTMENTS. \ 269. Judiciary : Relations with the Legislature. Relations of Legislature with Judiciary : 207. Switzerland. - [Within the competence of the two Councils is the superintendence. of federal courts. [Art. 8j, //] To be no extraordinary tribunal: 321. 270. Judiciary : Relations with the Executive. Relations of Executive with the Judiciary : 243. PART IV. THE POWERS OF GOVERNMENT. DIVISION OF POWERS BETWEEN THE UNION AND THE STATES. Canada. VI. DISTRIBUTION OF LEGISLATIVE POWERS. [Title VI.'} Switzerland. CHAPTER I. GENERAL PROVISIONS. [ Chapter /.] TEMPORARY PROVISIONS. [After Chapter ///.] 271. Division of powers : General authority of the Union. Canada. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Gov- ernment of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces : \_Art. 91. ~\ Germany. Within this territory the Empire shall exercise the right of legislation according to the provisions of this Constitution; . . . [Art. 2."] Switzerland. The National Council and the Council of States consider all the subjects which the present Constitution places within the competence of the Confedera- tion, and which are not assigned to any other federal authority. [Art. 8^.~] [Within the competence of the two Councils are] Laws and ordinances on subjects which by the Constitution are placed within the federal competence. [Art. 85, 2.~\ 272. Division of powers: Express grants; To the Union. Legislative powers : 191-201. Executive powers : 228-240. Judicial powers : 255-266. 273. Division of powers : Implied grants; To the Union. United States. [The Congress shall have Power] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. [Art. /, Sec. 8, /.] Reservation of rights of Cantons as against the Federal Assembly : 105. [134] 271-281 Division of Powers. 135 United States. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. \_Aniendment X.~\ 277. Division of powers : Precedence of national laws. Canada. And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces. [Art. 97, jo.] Germany. ... and the laws of the Empire shall take precedence of those of each individual State. [Art. 2.~\ Switzerland. The provisions of the federal laws and of the cantonal concordats, constitutions or cantonal laws, which are contrary to this Constitution, cease to have effect by the adoption of the Constitution or the publication of the laws for which it provides. [ Temporary Provisions, Art. 2J\ United States. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. [Art. F/, 2.~\ 278. Division of powers: Supervision of State governments. Switzerland. It [the Federal Council] examines such laws and ordinances of the Cantons as must be submitted for its approval; it exercises supervision over such depart- ments of the cantonal administration as are placed under its control. [Art. 102, /?.] It examines the treaties made by Cantons with each other, or with foreign powers, and approves them, if proper. (Art. 85, 5.) [Art. 102, 7.] 279. Division of powers: Limitations; On the Union. Limitations on the Legislative power : 202-205. Limitations on the Executive power : 228-231. Limitations on the Judicial power : 268. 280. Division of powers: Limitations; On the States. Limitations expressed in the Constitution : 98-104. TERRITORIAL POWERS. Germany. I. TERRITORY. [ Title /.] 281. Territorial powers : Original territory. Canada. Canada shall be divided into Four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick. [Art. j.] The Parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form Two separate Provinces. The Part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario; and the Part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec. [Art. 6.~\ The Provinces of Nova Scotia and New Brunswick shall have the same Limits as at the passing of this Act. [Art. 7.] Germany. The territory of the Confederation shall consist of the States of Prussia (with Lauenburg), Bavaria, Saxony, Wurtemberg, Baden, Hesse, Mecklenburg-Schwerin, Saxe-Weimar, Mecklenburg-Strelitz, Oldenburg, Brunswick, Saxe-Meiningen, Saxe-Alten- 136 Federal Government : Constitutions. [APP. A burg, Saxe-Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Schwarzburg-Sondershausen, Waldeck, Reuss (elder branch), Reuss (younger branch), Schaumburg-Lippe, Lippe, Lubeck, Bremen, and Hamburg. \_Art. /.] Switzerland. The peoples of the twenty-two sovereign Cantons of Switzerland, united by this present alliance, viz. : Zurich, Bern, Luzern, Uri, Schwyz, Unterwalden (Upper and Lower), Glarus, Zug, Freiburg, Solothurn, Basel (urban and rural), Schaffhausen, Appenzell (the two Rhodes), St. Gallen, Grisons, Aargau, Thurgau, Ticino, Vaud, Valais, Neuchatel, and Geneva, form in their entirety the Swiss CONFEDERATION. [Art. /.] Guaranty of state territory : 70. United States. List of states whose delegates signed the Constitution : 65. 282. Territorial powers: Admission of States. Canada. XT. ADMISSION OF OTHER COLONIES. [ Title XI.~\ It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most Honourable Privy Council, on Addresses from the Houses of the Parliament of Canada, and from the Houses of the respective Legislatures of the Colonies or Provinces of Newfoundland, Prince Edward Island, and British Columbia, to admit those Colonies or Provinces, or any of them, into the Union, and on Address from the Houses of the Parliament of Canada to admit Rupert's Land and the North-western Territory, or either of them, into the Union, on such Terms and Conditions in each Case as are in the Addresses expressed and as the Queen thinks fit to approve, subject to the Provisions of this Act; and the Provisions of any Order in Council in that Behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland. [Art. 146.] United States. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. [Art. IV, Sec. j, /.] 283. Territorial powers : Customs frontiers. Germany. Germany shall form a Customs and Commercial Union, having a com- mon frontier for the collection of duties. Such territories as cannot, by reason of their situation, be suitably embraced within the said frontier, shall be excluded. [Art. jj.~] The Hanseatic cities, Bremen and Hamburg, shall remain free ports outside of the common boundary of the Customs Union, retaining for that purpose a suitable district of their own, or of the surrounding territory, until they shall request to be admitted into the said Union. [Art. j^.~] 284. Territorial powers : Administration of territory. United States. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. [Art. IV, Sec. 3, 2.~\ 285. Territorial powers: Seat of government. Canada. Until the Queen otherwise directs the Seat of Government of Canada shall be Ottawa. [Art. id.'] Switzerland. All that relates to the location of the authorities of the Confederation is a subject for federal legislation. [Art. //j".] United States. [The Congress shall have Power:] To exercise exclusive Legisla- tion in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, 281-289] Territorial Powers. 137 by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, . . . [Art. 7, Sec. 8 y 77.] 286. Territorial powers : Sites of national buildings and works. Canada. The Public Works and Property of each Province, enumerated in the Third Schedule to this Act, shall be the Property of Canada. [Art. 108.'} PROVINCIAL PUBLIC WORKS AND PROPERTY TO BE THE PROPERTY OF CANADA. [ The Third Schedule : text omitted^ The several Provinces shall retain all their respective Public Property not otherwise disposed of in this Act, subject to the Right of Canada to assume any Lands or Public Property required for Fortifications or for the Defence of the Country. \_Art. //?.] Beacons, Buoys, Light-houses, and Sable Island : J77. Germany. The right to construct fortresses within the territory of the Empire shall belong to the Emperor, who shall ask (according to Section 12) for the appropriation of the means required for that purpose, if not already included in the regular appropriation. [Art. 6j.~] Imperial ^var harbors : 441. Switzerland. On payment of a reasonable indemnity, the Confederation has the right to use or acquire drill-grounds and buildings intended for military purposes, within the Cantons, together with the appurtenances thereof. The terms of the indemnity shall be settled by federal legislation. [Art. 22.~\ United States. ... and [The Congress shall have Power] to exercise like [ex- clusivel Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock- Yards, and other needful Buildings; And . . . [Art. /, Sec. 8, /?.] 287. Territorial powers : Public lands. Canada. Control of Indian lands : 294. Control of lands and mines by the Provinces : 286, 289. United States. Rules for territory or other property : 284. 288. Territorial powers: Expropriation. Right of expropriation for public works : 286, 384. 289. Territorial powers: Reservation to States. Canada. Possession of local public works : 286. All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of Canada, Nova Scotia, and New Brunswick at the Union, and all Sums then due or pay- able for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province in the same. [Art. 709.] [In each Province the Legislature may exclusively make Laws in relation to] The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood thereon. [Art. 92, j-.>] United States. Claims of the States not to be prejudiced: 284. 138 Federal Government: Constitutions. [APP. A POWER OVER CITIZENS. STATUS OF THE CITIZEN. 290. Power over citizens: Status; Endowment with citizenship. Germany. There shall be a common citizenship (Indigenat) for all Germany, . . . [Under the supervision and legislative control of the Empire shall be] the right of citizenship; . . . [Art. 4, /.] Switzerland. Every citizen of a Canton is a Swiss citizen. [Art. 43, /.] Guaranty of the rights of citizens : 69. Status of the wife of a citizen : 312. United States. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. [Amendment XIV, Sec. /.] The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. [Amendment XIV, Sec. 5.] 291. Power over citizens: Status; Naturalization. Canada. [The exclusive Legislative authority of the Parliament extends to] Natu- ralization and . . . [Art. 91. ^5.] Switzerland. Federal legislation shall fix the conditions upon which foreigners may be naturalized, as well as those . . . [Art. 44.^ Measures are taken by federal law for the incorporation of persons without country (Heimathlosen), and for the prevention of new cases of that nature. [Art. 68, ,] United States. [The Congress shall have Power] To establish an uniform Rule of Naturalization, . . . [Art. I, Sec. 8, ^.] 292. Power over citizens: Status; Emigrants. Germany. , . . and [under the supervision and legislative control of the Empire shall be] finally matters relating to colonization and emigration to foreign countries. [Art. 4, /.] Emigration of men liable to military service : 436. 293. Power over citizens: Status; Loss of citizenship. Switzerland. [Federal legislation shall fix the conditions] upon which a Swiss may give up his citizenship in order to obtain naturalization in a foreign country. [Art. 44."} No Canton shall expel from its territory one of its own citizens, nor deprive him of his rights, whether acquired by birth or settlement. [ Origine ou cite.'] [Art. 44, /.] Every expulsion on account of poverty must be approved by the government of the Canton of domicile, and previously announced to the government of the Canton of origin. [Art. 45, 5.] United States. Effect of impeachment : 327. Effect of rebellion : 319- 294. Power over citizens: Status; Aborigines. Canada. [The exclusive Legislative Authority of the Parliament extends to] Indians and Lands reserved for the Indians. [Art. 91, 24^ United States. ... and [the Congress shall have power to regulate Commerce] with the Indian tribes; [Art. I, Sec. 8, j.] 295. Power over citizens: Status; Aliens. Canada. [The exclusive Legislative Authority of the Parliament extends to] Aliens. [Art. 91, 25. ~] Germany. [Under the supervision and legislative control of the Empire shall be] surveillance of foreigners; . . . [Art. 4, /.] 290-301] Status and Rights of Citizens. 139 Switzerland. The Confederation has power to expel from its territory foreigners who endanger the internal or external safety of Switzerland. [Art. 70.] The exit duty on property is abolished as respects foreign countries, provided reci- procity be observed. [Art. 6?.] Special jurisdiction over Heimathlosen : 261. CIVIL RIGHTS OF THE CITIZEN. 296. Power over citizens: Rights; General guaranty. Switzerland. Rights reserved from the Federal Assembly : 103. General guaranty of rights within the states : 70. Protection of laborers : 446. United States. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. [Amendment IX.] Reservation of rights not so granted to the Union : 276. 297. Power over citizens : Civil rights; Personal freedom. United States. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. [Amendment XIII, Sec. /.] Congress shall have power to enforce this article by appropriate legislation. [Amend- ment XIII, Sec. 2.~\ The government not to pay for any slave : 370. Former condition of servitude not to deprive of suffrage : j/p. 298. Power over citizens: Civil rights; Freedom of speech and the press. Germany. [Under the supervision and legislative control of the Empire shall be] Laws relating to the press, and . . . [Art. 4, id.~] Switzerland. The freedom of the press is guaranteed. Nevertheless the Cantons by law enact the measures necessary for the suppression of abuses. Such laws are submitted for the approval of the Federal Council. The Confederation may enact penalties for the suppression of press offenses directed against it or its authorities. [Art. 55.] United States. Congress shall make no law abridging the freedom of speech, or of the press; or ... [Amendment 1 '.] 299. Power over citizens : Civil rights; Freedom of association. Germany. [Under the supervision and legislative control of the Empire shall be laws relating] to the right of association. [Art. 4, ib.~\ Switzerland. Citizens have the right of forming associations, provided that there be in the purpose of such associations, or in the means which they employ, nothing unlawful or dangerous to the state. The Cantons by law take the measures necessary for the suppression of abuses. [Art. 56.] United States. [Congress shall make no law abridging] the right of the people peaceably to assemble, and . . . [Amendment /.] 300. Power over citizens : Civil rights; Freedom of petition. Switzerland. The right of petition is guaranteed. [Art. 57 .] United States. [Congress shall make no law abridging the right of the people] to petition the Government for a redress of grievances. [Amendment /.] 301. Power over citizens : Civil rights; Equal protection of the laws. United States. ... nor [shall any State] deny to any person within its jurisdiction the equal protection of the laws. [Amendment XIV, Sec. /.] 140 Federal Government : Constitutions. [Apr. A 302. Power over citizens: Civil rights; Keeping and bearing arms. United States. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. [Amend- ment //.] 303. Power over citizens: Civil rights; No soldiers to be quar- tered. United States. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. [Amendment ///.] 304. Power over citizens: Civil rights; Freedom from unreason- able search. United States. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [Amendment IV.~\ 305. Power over citizens: Civil rights; Official languages. Canada. Either the English or the French Language may be used by any Person in the Debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses ; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec. The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages. [Art. /JJ.] Switzerland. The three principal languages spoken in Switzerland, German, French, and Italian, are national languages of the Confederation. [Art. ti6.~] Reference to official languages in election of judges : 251. 306. Power over citizens: Civil rights; Civil equality. Switzerland. All Swiss are equal before the law. In Switzerland there are neither political dependents, nor privileges of place, birth, persons, or families. [Art. 4."] No members of the departments of the federal government, civil and military officials of the Confederation, or federal representatives or commissioners, shall receive from any foreign government any pension, salary, title, gift, or decoration. Such persons, already in possession of pensions, titles, or decorations, must renounce the enjoyment of pensions and the bearing of titles and decorations during their term of office. Nevertheless, inferior officials may be authorized by the Federal Council to continue in the receipt of pensions. No decoration or title conferred by a foreign government shall be borne in the federal army. No officer, non-commissioned officer, or soldier shall accept such distinction. [Art. I2.~\ United States. No Title of Nobility shall be granted by the United States : And 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 what- ever, from any King, Prince, or foreign State. [Art. /, Sec. 9, <$*.] No State shall , , , grant any Title of Nobility. [Art. 7, Sec. 10, /.] 3Q2-3IO] Civil Rights of Citizens. 141 307. Power over citizens : Civil rights; Of citizens of one State in another State. Germany. [The members of each State shall in every other State have the right] of filling public offices; of obtaining citizenship, and of enjoying all other civil rights on the same conditions as those born in the State, and shall also have the same usage as regards civil and criminal prosecutions and the protection of the laws. [Art. j, /.] Switzerland. All the Cantons are bound to treat the citizens of the other confed- erated States like those of their own State in legislation and in all judicial proceedings. Art. do.'] United States. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. [Art. IV, Sec. 2, /.] 308. Power over citizens: Civil rights; Residence in any State. Germany. . . . and the members (citizens or subjects) of each State of the Confederation shall be treated in every other State thereof as natives, and shall conse- quently have the right of becoming permanent residents; of carrying on business; of acquiring real estate; . . . [Art. 3, /.] [Under the supervision and legislative control of the Empire shall be] Regulations relating to migration within the Empire; matters of domicile and settlement; -the issuing and examination of passports; . . . [Art. 4, /.] Switzerland. Every Swiss citizen has the right to settle anywhere in Swiss territory, on condition of submitting a certificate of origin, or a similar document. [Art. 45, y.] A federal law shall establish the distinction between settlement and temporary resi- dence, and shall at the same time make the regulations to which Swiss temporary residents shall be subjected as to their political rights and their civil rights. [Art. 47,'] 309. Power over citizens : Civil rights; No general limitations on settlement. Germany. No German shall be limited in the exercise of this privilege by the authorities of his native State, or by the authorities of any other State of the Confed- eration. [Art. j, 2.~] Switzerland. A Canton in which a Swiss establishes his domicile may not require security, nor impose any special obligations for such establishment. In like manner the Communes cannot require from Swiss domiciled in their territory other contributions than those which they require from their own subjects. [Art. 45, 6.] Cantonal laws relating to the right of Swiss citizens to settle outside the Cantons in which they were born, and to vote on communal questions, are submitted for the approval of the Federal Council. [Art. 43, 6.] United States. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; . . . [Amendment XIV, Sec. /.] 310. Power over citizens : Civil rights ; Special limitations on settlement. Switzerland. A federal law shall establish the maximum fee to be paid the Chan- cery for a permit to settle. [Art. 43, 7.] By exception, settlement may be refused to or withdrawn from, those who, in c.< quence of a penal conviction, are not entitled to civil rights. In addition, settlement may be withdrawn from those who have been repeatedly punished for serious offenses, and also from those who permanently come upon tl charge of public charity, and to whom their Commune or Canton of origin, as the case may be, refuses sufficient succor, after they have been officially asked to grant it In the Cantons where the poor are relieved in their place of residence the pernuss: I4 2 Federal Government : Constitutions. [APP. A to settle, if it relates to citizens of the Canton, may be coupled with the condition that they shall be able to work, and that they shall not, in their former domicile in the Canton of origin, have permanently become a charge on public charity. [Art. 43, 2-4^ 311. Power over citizens: Civil rights; Poor relief. Withdrawal of settlement from paupers : j/0. Interstate relations : Sj. 312. Power over citizens : Civil rights; Marriage. Canada. [Within the exclusive Legislative Authority of the Parliament are] Mar- riage and . . . [Art. 97, 26."] [In each Province the Legislature may exclusively make Laws in relation to] Sol- emnization of Marriage in the Province. [Art. 92, i2.~\ Switzerland. The right of marriage is placed under the protection of the Confed- eration. No limitation upon marriage shall be based upon sectarian grounds, nor upon the poverty of either of the contractants, nor on their conduct, nor on any other considera- tion of good order. A marriage contracted in a Canton or in a foreign country, conformably to the law which is there in force, shall be recognized as valid throughout the Confederation. By marriage the wife acquires the citizenship of her husband. Children born before the marriage are made legitimate by the subsequent marriage of their parents. No tax upon admission or similar tax shall be levied upon either party to a marriage. [Art. 54 ^ 313. Power over citizens: Civil rights; Divorce. Canada. [Within the exclusive Legislative Authority of the Parliament are] Divorce. [Art. 97, 26.] 314. Power over citizens : Civil rights; Records of civil status. Switzerland. The civil status and the keeping of records thereof is subject to the civil authority. The Confederation shall by law enact detailed provisions upon this subject. [Art. 33, /.] POLITICAL RIGHTS OF THE CITIZEN. 315. Power over citizens : Political rights; Suffrage. Loss of the suffrage : J^9- Switzerland. Every Swiss who has completed twenty years of age, and who in addition is not excluded from the rights of a voter by the legislation of the Canton in which he is domiciled, has the right to vote in elections and popular votes. Nevertheless, the Confederation by law may establish uniform regulations for the exercise of such right. [Art. 7^.] As such [a Swiss citizen] he may participate, in the place where he is domiciled, in all federal elections and popular votes, after having duly proven his qualification as a voter. No person can exercise political rights in more than one Canton. [Art. 43 '.\ United States. ... and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. [Art. I, Sec. 2, 7.] Suffrage not to be affected by race, color, or previous condition of servitude : ^79. 316. Power over citizens : Political rights; Eligibility to office. Switzerland. Eligibility to the Lower House : 125. Eligibility to Judicial office : 250. United States. Disqualification for participation in rebellion : ^79. 310-323] Political Rights of Citizens. 143 317. Power over citizens : Political rights; Of a person who has settled. Switzerland. The Swiss settled as a citizen outside his native Canton enjoys, in the place where he is domiciled, all the rights of the citizens of the Canton, including' all the rights of the communal citizen. Participation in municipal and corporate property, and the right to vote upon purely municipal affairs, are excepted from such rights, unless the Canton by legislation has otherwise provided. In cantonal and communal affairs, he gains the right to vote after a residence of three months. [Art. 43, 4, j 1 .] 338. Power over citizens : Political rights; To protection abroad. Germany. All Germans in foreign countries shall have equal claims upon the protection of the Empire. [Art. j, 6.] 319. Power over citizens : Political rights; Loss. Switzerland. The Confederation by law fixes the limits within which a Swiss citizen may be deprived of his political rights. [Art. 66.] United States. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. The Congress shall have power to enforce this article by appropriate legislation. [Amendment XV. ~\ No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. [Amendment XIV, Sec. j.] JUDICIAL RIGHTS OF THE CITIZEN. 320. Power over citizens : Judicial rights; To sue and be sued. Switzerland. The Confederation has power to make laws: On legal competency. [Art. 64, /.] 321. Power over citizens : Judicial rights : Courts. Germany. Treason cases tried by special state courts : 247. Switzerland. No person shall be deprived of his constitutiomal judge. Therefore no extraordinary tribunal shall be established. Ecclesiastical jurisdiction is abolished. [Art. 58. ~\ 322. Power over citizens : Judicial rights; Indictment. United States. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; . . . [Amendment V.~] 323. Power over citizens : Judicial rights; Place of trial. United States. ... and such Trial shall be held in the State where the sai Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. [Art. Ill, s*. 144 Federal Government: Constitutions. [AFP. A . . . which district shall have been previously ascertained by law, . . . ^Amend- ment VI.~\ 324. Power over citizens: Judicial rights; Trial by jury. Switzerland. There shall be, moreover, a jury for criminal cases. (Art. 112.) [Art. 1 06, 2.~\ Form of the Federal Jury : .257. United States. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; . . . [Art. Ill, Sec. 2, j.] ... by an impartial jury of the State and district wherein the crime shall have been committed, . . . [Amendment VI.~] In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the com- mon law. [Amendment VII.'} 325. Power over citizens: Judicial rights; Procedure. United States. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtain- ing Witnesses in his favor, and to have the Assistance of Counsel for his defence. [Amendment VI.~] . . . nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, . . . [Amendment V.~] 326. Power over citizens: Judicial rights; Due process of law. United States. . . . nor [shall any person] be deprived of life, liberty, or prop- erty, without due process of law; [Amendment V.~\ . . . nor shall any State deprive any person of life, liberty, or property, without due process of law; [Amendment XIV, Sec. /.] . . . nor shall private property be taken for public use, without just compensation. [Amendment V.~\ 327. Power over citizens: Judicial rights; Impeachment. United States. Presentation of charges by the House : 151. No jury trial : 324. Judgment by the Senate : 175. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States : but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. [Art. I, Sec. j, 7.] 328. Power over citizens: Judicial rights; Penalties. United States. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. [Art. Ill, Sec. j, 2.~\ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. [Amendment VIIIJ] 329. Power over citizens: Judicial rights; Bills of attainder and expost facto laws. United States. No Bill of Attainder or expost facto Law shall be passed. [Art. 7, [No State shall] pass any Bill of Attainder, expost facto Law, or ... [Art. I, Sec 10, /.] 324-335] Political and Judicial Rights. ! 45 330. Power over citizens : Judicial rights; Habeas Corpus. Germany. Declaration of martiallaw : 439. United States. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it [Art I Sec. 9, 2.] ESTABLISHMENT OF LEGAL RELATIONS. 331. Power over citizens : Legal relations; General. Germany. [Under the supervision and legislative control of the Empire shall be] Uniform legislation as to the whole domain of civil and criminal law, including legal procedure. [Art. 4, 13, as amended December 20, 1873.] 332. Power over citizens : Legal relations; Commercial. Commercial jurisdiction : 253, 236. Collection of bills : 409. General regulation of trade and commerce : 375-377. Interstate commercial relations : 383. Control of business : 402-407. 333. Power over citizens : Legal relations; Criminal. Jurisdiction in criminal cases : 257. Canada. [The exclusive Legislative Authority of Parliament extends to] The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Pro- cedure in Criminal Matters. [Art. 97, 27. ~\ The Establishment, Maintenance, and Management of Penitentiaries. [Art. ai **.] _ Switzerland. No death penalty shall be pronounced for a political crime. [Art. 63, Amendment of June 20, ^879.'} Corporal punishment is abolished. [Art. 65. ~] Imprisonment for debt is abolished. [Art. 59.] United States. [The Congress shall have Power] To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; . . . [Art. I, Sec. .] FINANCIAL POWERS. Canada. VIII. REVENUES; DEBTS; ASSETS; TAXATION. [Title VIIL] Germany. XII. FINANCES OF THE EMPIRE. [ Title XIL~\ FINAL PROVISION OF SECTION XII. 346. Financial powers: Administration; The budget. Germany. All receipts and expenditures of the Empire shall be estimated yearly, and included in the budget. The latter shall be fixed by law before the beginning of the fiscal year, according to the following principles : [Art. 6g.~\ 148 Federal Government : Constitutions. [APP. A For the purpose of discharge an annual report of the expenditure of all the receipts of the Empire shall be rendered, through the Imperial Chancellor, to the Federal Council and the Diet. [Art. ?2.~] Articles 69 and 71 apply to expenditures for the Bavarian army, subject to the provis- ions of the treaty of November 23, 1870 (mentioned in the final provision of Section XI.) and Article 72 only so far as it is required to inform the Federal Council and the Diet that the sum necessary for the Bavarian army has been assigned to Bavaria. [Final provision of 7Y// 22^\ 396-404] Regulation of Business. !6 3 Copyrights. [Art. 91, 23^ Germany. [Under the supervision and legislative control of the Empire shall be] Patents for inventions. The protection of intellectual property. [Art. 4, 5, 6.] Switzerland. [The Confederation has power to make laws:] On literary and artistic copyright. [Art. 64, j.] On the protection of new patterns and forms, and of inventions which are represented in models and are capable of industrial application. [Art. 64, Amendment of Dec. 20, 1887.-] United States. [The Congress shall have Power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; . . . [Art. 7, Sec. 8, .] 402. Commercial powers: Control of business. Canada. [The exclusive Legislative Authority of Parliament extends to] Bills of Exchange and Promissory Notes. Interest. [Art. 97, 18, 79.] [In each Province the Legislature may exclusively make Laws in relation to] Property and Civil Rights in the Province. [Art. 92, 7j>.] Notwithstanding anything in this Act, the Parliament of Canada may make Provision for the Uniformity of all or any of the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and of the Procedure of all or any of the Courts in those Three Provinces, and from and after the passing of any Act in that Behalf the Power of the Parliament of Canada to make Laws in relation to any Matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted; but any Act of the Parliament of Canada making Provision for such Uniformity shall not have effect in any Province unless and until it is adopted and enacted as Law by the Legislature thereof. [Art. 9^.] Switzerland. Persons settled in Switzerland are, as a rule, subjected to the juris- diction and legislation of their domicile, in all that pertains to their personal status and property rights. The Confederation shall by law make the provisions necessary for the application of this principle and for the prevention of double taxation of a citizen. [Art. 46.] [The Confederation has power to make laws:] On all legal questions relating to commerce and to transactions affecting chattels (law of commercial obligations, including commercial law and law of exchange). [Art. 64, *.] United States. [No State shall pass any] Law impairing the Obligation of Con- tracts, or ... [Art. /, Sec. 10, 7.] 403. Commercial powers : Government monopolies. Switzerland. The manufacture and the sale of gunpowder throughout Switzerland pertains exclusively to the Confederation. Powders used for blasting and not suitable for shooting are not included in the monopoly. [Art. 41.'] 404. Commercial powers : Banks and paper money. Canada. [The exclusive Legislative Authority of the Parliament extends to] Bank- ing, Incorporation of Banks, and the Issue of Paper Money. Savings Banks. [Art. 91, fj, 76.] Germany. [Under the supervision and legislative control of the Empire shall be] General banking regulations, [Art. 4, ^.] 164 * Federal Government: Constitutions. [APP. A Switzerland. The Confederation has the power to make by law general provisions v for the issue and redemption of bank notes. But it shall not create any monopoly for the issue of bank notes, nor . [Art. 39, /.] United States. [No State shall] emit Bills of Credit; . . . [Art. 7, Sec. 10, /.] 405. Commercial powers : Legal tender. Canada. [The exclusive Legislative Authority of the Parliament extends to] Legal Tender. [Art. 97, 20.] Switzerland. [But the Confederation shall not] make such notes a legal tender. [Art. 3 g^ 2 .-\ ' United States. [No State shall] make any Thing but gold and silver Coin a Tender in Payment of Debts; . . . \_Art. /, Sec. 10, /.] 406. Commercial powers : Creation of corporations. Canada. [In each Province the Legislature may exclusively make Laws in relation to] The Incorporation of Companies with Provincial Objects. [Art. 92, 77.] 407. Commercial powers: Insurance. Germany. [Under the supervision and legislative control of the Empire shall be] insurance. \_Art. 4, 7.] Switzerland. [The transactions of] organizations for insurance, not instituted by the State, [are subject to federal supervision and legislation.] [Art. 34, 2.~] 408. Commercial powers : The Census. Use of the Census in apportionment, 128. Canada. [The exclusive Legislative Authority of the Parliament extends to] The Census and Statistics. [Art. 97, 6.~] In the general Census of the Population of Canada which is hereby required to be taken in the Year One thousand eight hundred and seventy-one, and in every Tenth Year thereafter, the respective Populations of the Four Provinces shall be distinguished. [Art. 8.-} United States. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. [Art. /, Sec. 2, j.] 409. Commercial powers : Collection of debts and bankruptcy. Canada. [The exclusive Legislative Authority of the Parliament extends to] Bank- ruptcy and Insolvency. [Art. 97, 2i.~\ Switzerland. [The Confederation has power to make laws] On the legal collection of debts and on bankruptcy. [Art. 64, 5.] Suits for personal claims against a solvent debtor having a domicile in Switzerland, must be brought before the judge of his domicile; in consequence, his property outside the Canton in which he is domiciled may not be attached in suits for personal claims. Nevertheless, with reference to foreigners, the provisions of international treaties shall not thereby be affected. [Art. jg, 7, 2.] United States. [The Congress shall have Power to establish] uniform Laws on the subject of Bankruptcies throughout the United States. [Art. /, Sec. 8, ^.] 410. Commercial powers : Agriculture. Canada. AGRICULTURE AND IMMIGRATION. [Title VI, Sub-title 5.] In each Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Par- liament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces; and any 404-415] Business and Foreign Powers. !6q Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as. far only as it is not repugnant to any Act of the Parliament of Canada. [Art. 95.] FOREIGN POWERS. 411. Foreign powers : In general. Germany. The Emperor shall represent the Empire among nations, . . . [Art "> '] Switzerland. [Within the competence of the two Councils are] Measures for external safety and also for the maintenance of the independence and neutrality of Switzerland; . . . [Art. 83, 6.] It [the Federal Council] watches over the external interests of the Confederation, particularly the maintenance of its international relations, and is, in general, intrusted with foreign relations. \_Art. 102, .] It watches over the external safety of Switzerland, over the maintenance of inde- pendence and neutrality. \_Art. 102, 9.] 412. Foreign powers: Accrediting and receiving ministers. Germany. [The Emperor shall] accredit ambassadors and receive them. \_Art. //, /.] United States. ... he [the President] shall receive Ambassadors and other public Myiisters; . . . [Art. II, Sec. j.] 413. Foreign powers : Consular system. Germany. X. CONSULAR AFFAIRS. [ Title X."] [Under the supervision and legislative control of the Empire shall be] likewise the organization of a general consular representation to be maintained by the Empire. [Art. 4, 7.] The Emperor shall have the supervision of all consular affairs of the German Empire, and he shall appoint consuls, after hearing the committee of the Federal Council on Trade and Commerce. [Art. 36, /.] 414. Foreign powers: Consular system; State consulates. Germany. No new State consulates are to be established within the jurisdiction of the German consuls. German consuls shall perform the functions of State consuls for the States of the Union not represented in their district. All the State consulates now existing shall be abolished as soon as the organization of the German consulates shall be completed in such a manner, that the representation of the separate interests of all the Federal States shall be recognized by the Federal Council as satisfactorily secured by the German consulates. [Art. 36, 2.~\ 415. Foreign powers : Treaties; Negotiations. Special provisions as to treaties of peace : 424. Germany. [The Emperor shall] enter into alliances and other conventions with foreign countries, . . . [Art. //, /.] Switzerland. [The Confederation has the sole right] of concluding alliances and treaties with foreign powers, particularly treaties relating to tariffs and commerce. [Art. .] 421. Foreign powers: State treaties; Approval of. Switzerland. ... and also [within the competence of the two Councils are] the approval of treaties made by the Cantons between themselves or with foreign powers; nevertheless the treaties made by the Cantons shall be brought before the Federal Assembly only in case the Federal Council or another Canton protests. [Art. 8j, 422. Foreign powers: Protection of citizens abroad. Germany. Claim tipon imperial protection : 416-426] Treaties and War Powers. MILITARY POWERS. Germany. XI. MILITARY AFFAIRS OF THE EMPIRE. [Title XL] FINAL PROVISION OF SECTION XI. 423. War powers : General. 1 Canada. [The exclusive Legislative Authority of the Parliament extends to] Militia, Military and Naval Service and Defence. [Art. 97, 7.] Switzerland. The Confederation exercises control over the army and the material of war provided by law. In cases of danger, the Confederation has also the exclusive and direct control of men not included in the federal army, and of all other military resources of the Cantons. {Art, 79, 3, 4.-] United States. [The Congress shall have Power] To raise and support Armies, . . . [Art. /, Sec. 8, /*.] 424. War powers : Declaration of war and conclusion of peace. Germany. [The Emperor shall] declare war and conclude peace in the name of the same [the Empire.] For a declaration of war in the name of the Empire, the consent of the Federal Coun- cil shall be required, except in case of an attack upon the territory of the Confederation or its coasts. [Art. 77, 7, 2.~\ Switzerland. The Confederation has the sole right of declaring war, of making peace, and . . . [Art. 8.~\ [Within the competence of the two Councils are] the declaration of war and the conclusion of peace. [Art. 83, 6.~] Cantons may interfere in case of invasion : 77. United States. [The Congress shall have Power] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; . . , [Art. I, Sec. 8, 11.-] [No State shall without the Consent of Congress] engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. [Art. /, Sec. so, j.] [No State shall] grant Letters of Marque and Reprisal; . . . [Art. I, Sec. 70, 7.] 425. War powers: Army; In time of peace. Germany. The number of the German army in time of peace shall be fixed until the 3ist of December, 1871, at I per cent, of the population of 1867, and shall be fur- nished by the several Federal States in proportion to their population. After the above date the strength of the army in time of peace shall be fixed by legislation. [Art. 60."] Switzerland. The Confederation has no right to keep up a standing, army [Art. 7j, 7.] 426. War powers: Army; Powers of the States. Germany. The provisions contained in this section are to be applied in Bavaria, according to the provisions of the treaty of Nov. 23, 1870; in Wurtemburg, according to provisions of the military convention of Nov. 21-25, l8 7- {.Final Provision of Sec. 77.] Switzerland. The composition of these bodies of troops, the maintenance of their effective strength, . . . belong to the Cantons, subject to general provisions which shall be established by the Confederation. [Art. 21, 2.] The Cantons have authority over the military forces of their territory, so far as this right is not limited by the Federal Constitution or laws. [Art. 79, j.] i Germany. The organization of the army and navy of the Empire. [Art. 4, '4-' omitted iu James* translation.} 1 68 Federal Government : Constitutions. [APP. A United States. [The Congress shall have Power] To provide for organizing, arm- ing, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline pre- scribed by Congress. [Art. /, Sec. 8, 16.] 427. War powers: Army; Limitation on States. Switzerland. No Canton or Half-Canton shall, without the permission of the federal government, keep up a standing force of more than three hundred men; the mounted police [gendarmerie'] is not included in this number. \_Art. 13, ^.] United States. [No State shall, without the Consent of Congressj keep Troops, or ... in time of Peace, . . . [Art. /, Sec. 20, j.] 428. War powers: Army; Administration. Germany. It shall be the duty and the right of the Emperor to take care that throughout the German army, all divisions be kept full and ready to take the field, and that uniformity be established and maintained in regard to organization and formation, equipment and command; in the training of the men, and in the qualifications of the officers. For this purpose the Emperor shall be authorized to satisfy himself at any time by inspection, of the condition of the several contingents, and to order the correction of existing defects. The Emperor shall determine the strength, composition and division of the contin- gents of the Imperial army, and also the organization of the Landwehr, and he shall have the right to determine the garrisons within the territory of the Union, as also to mobilize any portion of the army. In order to maintain the necessary unity in the administration, care, arming and equipment of all divisions of the German army, all orders hereafter issued for the Prus- sian army shall be communicated in due form for their observance to the commanders of the remaining contingents through the Committee on the Army and Fortifications, provided for in Article 8, No. I. [Art. 63, J-JT-] Administration of the Navy : 441. Switzerland. The laws on the organization of the army are passed by the Confed- eration. The enforcement of military laws in the Cantons is intrusted to the cantonal officials, within limits which shall be fixed by federal legislation, and under the supervision of the Confederation. [Art. 20, /.] 429. War powers : Army; Command. Canada. The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen. [Art. /j.] Germany. The total land force of the Empire shall form one army, which in war and in peace, shall be under the command of the Emperor. [Art. 63, /.] They [The Princes and Senates] are the chiefs of all the troops belonging to their respective territories, and are entitled to the honors connected therewith. They shall have the right to hold inspections at any time, and shall receive, besides the regular reports and announcements of changes, timely information of all promotions and appoint- ments concerning their respective contingents; in order to provide for their publication by State authority as required. [Art. 66, /.] All German troops are bound implicitly to obey the orders of the Emperor. This obli- gation shall be included in the military oath. [Art. 64, /.] Command over the Navy : 441. Switzerland. [Within the competence of the two Councils are] The power of con- trolling the federal army. [Art. 83, 9.] 426-434] The Army. !6 9 In cases of urgency, and when the Federal Assembly is not in session, the Federal Council has power to raise the necessary troops and to employ them, with the reserva- tion that it shall immediately summon the Councils if the number of troops exceeds two thousand men, or if they remain in arms more than three weeks. [Art. 102, //.] . . . and also [within the competence of the two Councils are the election] of the Commander-in-Chief of the federal army. [Art. 85, 4.] United States. The President shall be Commander in. Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; . . . [Art. If, Sec. 2, /.] 430. War powers: Army; Officers. Germany. The commander-in-chief of a contingent, as well as all officers com- manding troops of more than one contingent and all commanders of fortresses, shall be appointed by the Emperor. The officers appointed by the Emperor shall take the mili- tary oath to him. The appointment of generals, or of officers performing the duties of generals, in a contingent, shall be in each case subject to the approval of the Emperor. [Art. 64, *.] Appointing officers of the Navy : 441. In the transfer of officers, with or without promotion, to positions which are to be filled by him in the service of the Empire, be it in the Prussian army or in other contin- gents, the Emperor has the right to select from the officers of all the contingents of the army of the Empire. [Art. 64, j>.] In the absence of special agreement, the Princes of the Empire and the Senates shall appoint the officers of their respective contingents, subject to the restriction of Article 64. [Art. 66, /.] Switzerland. [To the Cantons belong] the appointment and promotion of officers of these bodies of troops, . . . [Art. 21, 2.~\ United States. ... reserving to the States respectively the Appointment of the Officers [of the Militia], . . . [Art. 7, Sec. 8, 75.] 431. War powers: Army; Equipment. Switzerland. [To the Confederation pertains] the arming of troops. [Art. 20, 2.] The furnishing and maintenance of clothing and equipment is within the power of the Cantons; but the Cantons shall be credited with the expenses therefor, according to a regulation to be established by federal legislation. [Art. 20, j.] Each soldier shall receive without expense his first equipment, clothing, and arms. The weapon remains in the hands of the soldier, under conditions which shall be pre- scribed by federal legislation. [Art. 18, j.] 432. War powers : Army; Instruction. Switzerland. Military instruction of every kind pertains to the Confederation. The same applies to ... [Art. 20, 2.~\ 433. War powers: Army; Details of uniform. Germany. The regiments, &c., throughout the whole German army shall bear con- tinuous numbers. In adopting a uniform, the principal colors and cut of the Prussian uniform, shall serve as a pattern for the other contingents of the army. It is left to com- manders of contingent forces to choose the external badges, cockades, &c. [Art. 6j, 2.~] 434. War powers: Army; Composition. Switzerland. The federal army is composed: (a) Of the cantonal military corps. () Of all Swiss who do not belong to such military corps, but are nevertheless liable to military service. [Art. /?, /, 2.~\ 1 70 Federal Government : Constitutions. [APP. A So far as military reasons do not prevent, bodies of troops shall be formed out of the soldiers of the same Cantons. [Art. 21, /.] 435. War powers : Military service. Germany. Every German is subject to military duty, and in the discharge of this duty no substitute can be accepted. \_Art. 57.] With regard to the performance of military service in the various States, the necessary laws will be passed hereafter by the Empire. [Art. j.] Service in the navy : 44.1. Switzerland. Every Swiss is bound to perform military service. [Art. 18, /.] The Confederation shall enact uniform provisions as to an exemption tax. \_Art. /*5J.] United States. To provide and maintain a Navy; . . . [Art. I, Sec. 8, /j.] [No State shall, without the Consent of Congress keep] Ships of War [in time of Peace.] [Art. 7, Sec. 10, j.] 442. War powers : Expenses. Germany. The costs and the burden of all the military system of the Empire are to be borne equally by all the Federal States and their subjects, and no special privileges or burdens upon the several States or classes are admissible. Where an equal distribu- tion of the burdens cannot be effected in natura without prejudice to the public welfare, the equalization shall be effected by legislation in accordance with the principles of jus- tice. [Art. j: 376; 1 ii : 376; t 12: 379; f 13: 3 8 3>' f H: 399; 1 J 5 : 404; 1 16: 404; 1 J 7 : 400; t 18: 402; f 19: 1*402, ' 1 20: 403; 1 21 : 409; f 22: 401; f 23: 401; f 24: 294; f 25: ^97, 295; f 26: 312, 313; f 27: 333; f 28: 333; f 29: 275; f 30= 277. 92: 86; 1 i: 97; f 2: 355; f 3= 3<>7 f 1 4-' *3* : f 5: 289; f 6: 334; f 7: 45 i; f 8: 88; 1 9: J5J/ f Io = 3*4*' f II : 406; f 12: 312; f 13: 402; f 14: 89; f 15: 334*' f l6: 8?- M*!jwffi-3i|jwt4: $343- 9* : *. 95 : * /0 - 96: 7*. 97: 76. 98: 76. 99: 76. 100: 76. 101: 247,248. 102: 350. 103: 373. 104: 373. 105: 373- 106: 373. 107: 368. 108: 286. 109: % 289. 110: 368. 111: 368. 112: 368. 113: 79. 114: 368. 115: 368. 116: 368. 117: 286. 118: 372. 119: 372. 120: 372. 121: 361. 122: 360. 123: 361. 124: 360. 125: 354- 126: 351. 127: 756. 128: 77^. 129: 776, J77, 413; f 8: 384,385; 19: JJ9J/ 1 ": 80; 1 12: 80; 1 13: JJ// 1 14: 4*3 >' f 15: 447; 1 16: ^, ^99. 5, f I : 105,180; f 2: 184. 6: 152^ 154, 168. 7, f I : 173; f 2 : 774; f 3 : 174; f 4: 172; f 5 : 76?, 770, 777; f 6: 770. 8: 767. 9: $156,164. 10: 162. 11, 1 i : 208, 412, 415* 424: 1 2: 477, 424; f 3: 416. 12: 77^. 13: 113, 114. 14: 766. 15: 765. 16: 776. 17: 229, 239. 18, 1 i: 231; 1 2: 232. 19: 455. 20, f I : 129; f 2: 7^7. 21: 126, 22: 144. 23: 148,150. 24: 133. 25: 134. 26: 7^7. 27 : 7J7, 135, 142, 143. 28, 1 I : 143, 146; f 2 : 146. 29 : 138. 30: 7J9. 31: 139. 32: 777. 33, f i : 283; 1 2: 361. 34: 283. 35, 1 i: 359, 3&3 / f 2: 365. 36: 347. 37: 363, 38,f i: jV9/l 2: J^9/13: % 349 f \4: |.Jtf*/ 1 5-f J&- 39 : 40: j6o. 41: 386. 42: 387. 43: 387,388. 44: 45: 389. 46, f i: J&? / H 2, 3 : J9/. 47: 390. 48: 392-. 394- 49: 396. 50, ff 1-3: 394; ff 4, 5 : j?j/ f 6: 393. 51: 396. 52: 393. 53: 441. 54, f i: 377; 1 2: 377, 1 3: 3?8, 384; 1U: 384*' 1 5= 376- 55: 377. 56, 1 I: 413: 1 2: W 57: 435. 58: 442. 59: 436. 60: 423. 61: 438. 62: 442. 63, f I : 429; f 2: 433; H 3-5 : 428. 64,1 I : 429; 112, 3 : 430. 65: 286. 66, 1 I : 429,430; t 2: 434. 67 : 442. 68 : 439. Final Provision of Section XI : 426. 69: 346. 70: 350, 358. 71: 371. 72: 346. 73: 3(37.. Final Provision of Section XII : 346. 74 : 257. 75, 1 i : 247 ; 1 2: 247, 249. 76, 1 i: 260,' 1 2: 261. 77: 262. 78, 1 I: 45t>*457; 1 2: 458. 461. Federal Constitution of the Swiss Confederation. Title : 62. Preamble : 63, 64. Art. 1 : 281. 2 : 63. 3: 276. 4: 306. 5: 69. 6: 70. 7: 420. 8: 4/5, 4^4- 9: 4'9> 10: *'9- U: 4^. 12: 306. 13, 1 i : 425; 12: 427. 14: 260. 15: 77. 16: 454. 17: 454. 18, 1 I ; 435; 1 2: 437; 1 3: 431 ; 1 4: 435. 19, 11 I, 2: 434; H 3, 4: 423 f 1 5 : 426. 20,1 i: 428; f 2: 432; 13: 431- 21, li: 434; f 2; $$426,430. 22: % 286. 23: 384. 24: 384. 25: 446. 26 : 385. 27, 1 I : 344; 1 2 : 342; 1 3 : 345; 1 4: 343. 28 : 359- 29, IT: ^,^76; H 2, 3: 376. 30,1 i: 359>' ^2:^360; H 3, 4: $372. 31: 383- 32: 364. 32 (ii), U I, 2: 363 ; ff 3, 4 : 3<>S- 33: 449. 34, 1 I: 445; 1 2: 381, 407. 35, ff I, 2: $443; 13: 444. 36,1 i: 39 2 >'^ 2: 396; 1 3: J97/ 14= 39- 37: 3 8 4- 38: ^99. 39,1 i: 404; 1 2: 405. 40: 400. 41: 403. 42,H(a)-(.):j 50 /l(/):j'50,j'5c?. 43,1 1 : *9*/ If 2, 3: 315; H 4 , 5 : 3n; f 6: 309. 44, 1 i: 293; 1 2: ^97, 293. 45,1 i: J ) o6 > ; ff 2- 4 :.j/o/ 15: 293; 16: 309; ly: 310. 46: 402. 47: 308. 48: 83. 49, U i, 2: 336; 1 3: 345 ; f 4= 337 f 1 5= 34*: 16:jj>6. 50, fi: 338; H 2-4: 339. 51: 340. 52: 340. 53, 1 i : 314; f 2 : 450. 54 : 312. 55 : 298. 56 : ^99. 57: 300. 58: 321. 59, H i, 2: 409; f 3: 333- 60: 307. 61: 80. 62: 357. 63: 295. 64, f i: 320; 1 2: 402-, 1 3 : 401; 14: 40*; f 5= 409*' 16: 89. 65: 333. 66: ^79.- 67 : 81. 68 : -297. 69 : 447. 70 : 295. 71 : 105. 460-462] Finding List of Paragraphs. ! 77 72, f i : 128, 129; f 2: 128. - 73: 129. - 74: j>/j. _ 75- S w -76: 7jj.--77: 7^6. -- 78, If 1-3: /J5/ t4: ,. - TO: | /^ -80: 75-^ -- 81: /j6. -- 82, f f 1-3 : 765; t 4 :/ 7 /. - 83 : 161 - 84 :*//.- -85: ^//f I: /o6;1 2: ^,-^3: W/T4: ^ 5: ^7jr,^7/ f 6: 411,424; 1 7: 7*,^6,4 ?/ f 8: * 2 f :,j/ l:; I2:* 13 : *fc ; f ,4 - 86, f i: 77j; f 2: %n 4 . - 87: 7^7. - 88: % 122. - 89, f i 180 f 2: 7*9. - 90: 7*9. - 91: ///. - 92 : 7*7. - 93, 1 i 777'- t 2: 77*. - 94: />. - 95: 208. - 96, 1 I : 210,214,217; f 2: 217- f 3: 215. -- 97: 210. - 98: 223. - 99: ^79. -- 100: 226. _ 101: 242. - 102, 228; 1 i: 228; f 2: 239; f 3 : 70; f 4: 776; f 5: 239, 260; 1 6: ^7; f 7: * 7 5^J5J',J^;t2: j>67/ f 3: 292, 376, 383; f 4: ^97, 409; f 5: J00/ f 6: 333; 1 7: 392; f 8: 401; f 9: 248; 1 10 : 333; f ii : 424! 1 I2: 423 1 44i, 442; f 13: 438; t H: 438; f JS 1 430, 453; 1 16: 426; f 17: ^jr, 286; f 18: *7J. -- SEC. 9, f i : j*o; f 2: 330; f3: j>^0; f 4: Jjv/ l5 : 3S4>4<>o; 16: J7*/ f 7 : J06. - SEC. 10, f i : 306, 329, 402, 404, 405, 418, 424; f 2: 360; f 3 = 357, 4iS, 420, 424, 427, 441- - Art. II, SEC. i, f i : 208, 211, 217, 222; f 2: ^77/ f3: 77^, 776; f 4: -?77/ f 5: 2IO ; f 6: 2IS; t T. *70 / f 8 : 221. - SEC. 2, f I : 246, 429 ; f 2 : 231, 233, 415, 416; f 3 : 231. SEC. 3 : 231, 239, 241, 412. - SEC. 4 : 218. - Art. Ill, SEC. i : 247, 248, 252, 253. -- SEC. 2, f i : 2& t 258, 264; f 2: 263; f 3: 323*324- -- SEC - 3' f i : 237, 333; f 2 : 328. - Art. IV, SEC. i : 80. -- SEC. 2, f i : 307; f 2: *7/ f 3:&?. - SEC.3,fi: 282 ; f 2 : 283. - SEC. 4 : 70, 7'> 454- Art. V : 456, 457, 458. -- Art. VI, f i : 369 ; f 2 : ^77 / t 3 : "2, 337. Art. VII : 67. -- Added after Art. VII : 65. -- Amendment I : 298, 299,300,336. - Amendment II: 302. -- Amendment III: 33- -- Amend- ment IV: 304. -- Amendment V: 322, 323, 3 2 - -- Amendment VI: 323, 324, 325. - Amendment VII : 324. -- Amendment VIII : J^*.- Amendment IX : 296. -- Amendment X : 276. -- Amendment XI : 2jS. - Amendment XII : 212, 213, 214. -- Amendment XIII : ^97- - Amendment XIV, SEC. i : 290, 301, 309, 326. -- SEC. 2 : 128. J/9 . - SEC. 4 : 369, 370. - SEC. 5 : 290. -- Amendment XV : 319. APPENDIX C. BIBLIOGRAPHY OF FEDERAL GOVERNMENT. Explanation of the arrangement of the bibliography. An exhaustive bibliography of federal government is impossible. The subject is as yet not systematized; and the literature runs into the general works on history, diplo- macy, international law, and public law. The attempt has, however, been made to collect and to group all available articles bearing on the subject in general, and to give fuller bibliographies of the four great federations than could find place in the text. The number of titles cited was so great that only the more important works are included in the alphabetical list ( 469). 463. Previous bibliographies of the subject. No formal bibliography of Federal Government is known to the author. The foot- notes to the treatises on international and public law contain some references, especially the German works on Staatsrecht. See, chiefly on the theory, Schulze, Lehrbuch, 23; Zacharia, Staatsrecht, 25; Zopfl, Staatsrecht, I, 62-65; Schulze, Einleitung, p. 197; Meyer, Griindsatze, 2; von Ronne, Deutsches Staatsrecht, 6; Mohl, Encyclopadie, 49. In C. K. Adams, Manual, and W. E. Foster, References to the Constitution, 4, 5, 8, will be found a few references. The citations to the treatises on international law may be found in 466. The Statesman's Year Book contains an excellent brief bibliography of each government now in existence. 464. Texts of federal constitutions. There is no extensive collection of federal texts only; they are to be found among others in the great collections of documents, especially in the British and Foreign State Papers ; here they are usually, but not universally, in English. In the Staatsarchiv they appear usually in German. Both publications are elaborately indexed. Some may be found, invariably in French, in the Archives Diplomatiques. The Papers relating to Foreign Affairs, issued annually by the United States Government, sometimes contain texts. The most convenient selection of constitutions is that of Dareste de la Chavanne (1883), which includes, in French, the four great constitutions and several of the Latin- American. ^P'olitz, Europaische Verfassungen, contains texts from 1789 to 1847. Dufaur's Collection also contains earlier texts, to 1825. Demombyne, Constitutions Etiropeennes (1881), has many useful notes, but does not include full texts. For the Latin-American States there are two collections: the Constituciones Vigentes (1872) and Con- stitution national (1882), besides Arosemena, Estudios Constitucionales, References to the text of each government will be found under that country in the historical part. 465. Historical geography of federations. Maps are to be found in the historical atlases, and, for existing governments, in the standard atlases of modern geography. Special works are enumerated under each country. The principal authorities are : M. Lavoisne, Genealogical, Historical, Chrono- [178] 463-466 Helps and Theory. logical, and Geographical Atlas, 3 Am. ed. (1821); Dussieux, Atlas Generate; Spruner, Geographisches Hand- Atlas 2 aufl. 1854, 3 aufl. under title Spruner-Menke, Hand- Atlas (1880); Droysen, A^lgemeiner Historischer Hand- Atlas (1886), the best historical atlas, very clear and beautiful maps; Rhode, Historischer Schul- Atlas ; Labberton, Historical Atlas ; E. A. Freeman, Historical Geography of Europe (2 ed. 1882), with maps; i/" historical maps in Epochs of Ancient History and Epochs of Modern History ; Publica- tions of the Royal Geographical Society, a Classified Ir.dex [1830-1883] in Harvard ^ University Bulletin, also printed separately; Petermann, Geographische Mittheilungen i [fSjj-iSgo'], a Classified Index in Harvard University Bulletin, II, III, also printed separately; successive editions of Brockhaus, Conversationslexikon ; Meyer, Conversat- ionslexikon ; KAppletorfs American Cyclopedia and Annual Cyclopedia ; Reclus, Nou- velle Geographic universelle (1876-1890), has not yet reached America, except Northern Canada; standard atlases in successive editions, especially^S^V/.fr, H and- Atlas ; Sohr und Handtke, Universal Hand- Atlas ; Stanford, London Atlas (1887); Colton ; Mitchell; ^ Black. 466. Theory of federal government. The first treatise on this subject is Pufendorff, De systematibus Civitatum (1675). ^ t The classical authority on the conception of federal government is Waitz, Das Wesen ^ des Bundesstaates, first published in 1853 in the Allgerneiner {Kieler) Monatschrift, 494- 530, republished in \\\s>^Grundziige der Politik, 42-46, 153-218 (1862). Vollgraff in 1859 published a monograph, Wodurch unterscheiden sich Staaten-Bund, Bundesstaai und Einheitsstaat. Waitz's theory has of late years been strenuously attacked. Later discussions are : Cohn, Quid intersit inter Confoederationem Civitatum et Civitatem Confoederatam (1868) ; Seydel, Der Bundesstaatsbegriff, in Zeitschrift fur die gesammte Staatswissenschaft, vol. 27, 185-256 (1872) ; Tallichet, L'ldee de la Federation, in Bibli- otheque Universelle et Revue Suisse, n. per., vol. 49, pp. 301-335, 489-524, 686-732 (1874); H'dnel, Zur Kritik der Begriffbestimmung des Bundesstaates, in Annalen des i deutschen Reiches, 1877, pp. 78-92; Bake, Beschouwingen over den Statenbond en den Bondesstaat (i88i)./-^ Brie, in his Bundesstaat (1874), has examined carefully the *-- historical growth of the conception of a federal state. The most important work on the subject is Jellinek, Die Lehre von den Staatenverbindungen (1882); the work is elaborate and perspicuous, and is illustrated by historical examples. Of value chiefly for the history of the theory are : Welcker, Ueber Bundesverfassung und Bundesre form (1834); v. Gagern, Denkschrift iiber den Bundesstaat, in the Leben by his brother Heinrich, I, 372-387 (1856); Prudhon, Du Principe federatif (\t>b$; and a dull book by Frantz, Der Foderalismus als das leitende Princip (1879). Next to Waitz, the best-known interpreter of the theory is Bluntschli. His views are ^set forth in the Staatsworterbuch, article on Bundesstaa}, Staatenbund; in the Lehre fr" vom modernen Staat, III, 392-419; in the English translation, Theory of the State, i Book IV, chs. iii, iv, Book VI, chs. v, xxiv (pp. 251-261, 322-324, 455-459); in Gesam- melte kleine Schriften, II, 279; in Volkerrecht, 70, 1 60. In most of the text-books on international law there is a brief discussion of t subject. It is included in the references to^hillimore^wiss, talvo, and Wheaton in 465. There are interesting discussions also in: Bowyer, Commentaries on Universal Public Lazv, ch. xxvii; -Calvo, Dictionnaire de Droit International; Creasy, Fir Platform, ch. vii. The" Federalist contains many passages on the nature government. French publicists have been little drawn to the theoretical question; and write the United States and Canadian governments have turned rather toward the practical exposition of their institutions as they found them. Writers on Swiss and German con- 1 80 Federal Government : Bibliography. LAPP. C stitutional law often briefly discuss the theory of federal government. There may be cited : Dubs, Das offentliche Recht, II, erster Abschnitt; Laband, Staatsrecht, I, 8 (15 pp.); Meyer, Lehrbuch, 12-14; Schulze, Lehrbuch, 25; Zopfl, Grundsatze, 62-64. 467. Discussions of federal government. Although the philosophical basis of federal government has been the subject of learned research and controversy, the author has found no treatise on the comparative advantages of this and of other forms of government. The nearest approaches are the Introduction to '-'Freeman's Federal Government and ^Treitschke 1 s monograph, Bundes- staat und Einheitsstaat in his Historische und politische Aufsatze, II, 77-241 (1871). Freeman makes use of the comparative method throughout; Treitschke is more philo- sophical. B. A. Hill, Liberty and Law (1880), is a diffuse and doctrinal argument for centralization. Brief but very valuable discussions are to be found in selected passages from'^/*'//, Representative Government (1862), ch. xvii; in Cornewall'~Lewis, Dialogue on the Best Form of Government, 107-113 (1863), and in Jeremy^entham, 7^he Constitutional Code, ch. 31, in vol. IX of his Works. Bentham summarizes the objections to federation. There is a review of Lewis's Dialogue in \ho t ~Edinburgh Review, vol. 118, pp. 138-152 (July, 1863). The two most instructive recent discussions in books are in Dicey, Law of the Constitution, Lecture IV (1885), and va l ~~rane and Moses, Politics, chs. x, xvii (1884). There is also a brief discussion 'm^fannis Taylor, Origin and Growth of the English Constitution, I, 48-59. Much valuable material may, however, be found in periodicals. There was an article on \hz. t ^Federative Policy of Europe in the Quarterly Review, vol. 38, pp. 172192 (July, 1828). Several articles were called out by the publication of Freeman's Federal Gov- ernment in 1863: there are elaborate reviews in the National Review, vol. 17, pp. 339- 366 (Oct., 1863); by T. Chase in ti\e l ^North American Review, vol. 101, pp. 612-619 (Oct., 1865) ; and an article by J. H. Allen on Federalism and its Present Tasks, in the Christian Examiner, vol. 76, pp. 250-270 (Mar., 1864). To this group may also be added Mr. Freeman's own essay on ^Presidential Government, first published in the National Review, Nov., 1864, and republished in his Tiistorical Essays, pp. 373-406 (1871); it is particularly valuable for its comparison between the United States and Switzerland. A little earlier came Cherbulietf article, De la Division du Pouvoir dans les Etats federatifs, in the Bibliotheque Universelle et Revue Suisse, vol. 3, p. 520 (1858). The most valuable contributions to the subject in periodicals are : the two articles of John F. Baker in the Albany Law Journal, Character of Federal Government, vol. 20, pp. 85, 86 (Aug. 2, 1879), and Causes which may endanger Federal Government, vol. 20, p. 246; the two articles of A. V. Dicey, Authority of the Courts of Law, in New Jersey Law Journal, vol. 8, pp. 57-62 (Feb., 1885), aqd Federal Government, in the Law I i- Quarterly Review, vol. I, pp. 80-99 (Jan., 1885); L C^R. Lowell on English and Ameri- can Federalism in the Fortnightly Review, vol. 49, pp. 189-195 (Feb., 1888); an anony- mous article on Federal Government in the Westminster Review, vol. 129, pp. 573-586 (May, 1888). 468. Historical accounts of federal governments. There is a singular lack of any comprehensive historical account of federal govern- ments. Freeman attempted the task in his Federal Government, but left it unfinished. Me Gee in his brief Notes on Federal Government gives a hasty and far from accurate his- torical sketch. The account drawn up by Madison, and published both in his Works, I/""" 293-315, and '^'^Washington's Works, IX, 521-538, is interesting, but overestimates the strength of early federations. Still earlier are Mayer, Ligues achienne, suisse et hollan- doise et Revolution des Etats -Unis (1787), and Zinserling, Systbne federatif (1809). 466-469] Discussions and Accounts. 181 ^Woolsey, in his Political Science, Part III, chs. vii, viii, sketches the earlier forms. Denisorfs essay on the Power and Stability of Federative Governments is intelligent, but antiquated (1829). The best historical accounts are to be found in the more elaborate treatises on inter- national law: Calvo, I Partie, Livre ii (I, 117-192) ; t ^f ) hillimore > Part II, chs. i-v (I, 75- 147); Twiss, chs. II, III (16-81). The various editions of Wheaton's Elements, are particularly valuable, and are often enriched by notes of the editors: ch. II, 16-49; French ed., Commentaire sur les Elements, ch. ii, sees, xii xxii (I, 223344) ; Boyd's ed., 43-76; Dana's ed., 29-88; Lawrence's ed., 31-111. There is a brief discussion in \^Lieber, Manual of Political Ethics, Book VI, ch. ii (30 pp.). In Mann, Ancient and Mediceval Republics, are imperfect accounts of a few governments. Holland and Switzer- land are well treated irt^May, Democracy in Europe. The following articles from periodicals or collections of essays deal, often in a very helpful manner, with the history of federal government : Cherbuliez in Bibliotheque Universelle et Revue Suisse, XIX, 202-229 (Jan., 1864); Walton in Nineteenth Century, XVI, 96-117 (July, 1884), and ttving Age, CLXII, 259-272 (Aug. 2, 1 884);^^ in Nation, XLI, 297, 298 (Oct. 8, 1885); Mohl in Zeitschrift fur die gesammte Staatswis- senschaft (1870). Especially valuable is *NT~W. Senior on European and American State Confederacies, in Edinburgh Review, LXXXIII, 150-196 (Jan., 1846), reprinted in Eclectic, XXVII, 400-426, and ^/^ Age, VIII, 585-602 (Mar. 28, 1846), also reprinted in Senior, Historical and Philosophical Essays, I, ch. iv. Many of the discussions of federal government ( 467) contain historical matter. 469. The United States as a federation. BIBLIOGRAPHIES of the Constitution. i^Winsor, Narrative and Critical History, VII (1888), 255-266;^.^, References to the Constitution (1890), References to the History of Presidential Administrations (1885), and m^ibrary Journal, V, 172-175, 222, 223 (June, July, 1880) ; Barnwell, Reading Notes on the Constitution (1887), reprinted from Bulletin of the Library Company ; Hart, Topical Outline of Courses in the Constitu- tional and Political History of the United States, last ed. 1889; Hart, Pamphlet for the Use of Students (1890), especially 9, ">, 17, 27, 36, 445 Mead, Constitution, Biblio- graphical and Historical Notes (1887), 21-41 ; Howard, Introduction to the Local History of the United States, I (1889), 475~498; ^rd, Pamphlets on the Constitution (18 .8), 381-441; ^alor, Cyclopedia of Political Science, I, 6n, III, 1019; R. Clarke & Digest of Law Publications (1880), 21-23, and tfibliotheca Americana (1886), see Contents, title Constitution; Soule, Lawyer's Reference Manual (1883); not treatises enumerated below; a comprehensive bibliography of books and arti. preparation by Paul L. Ford and Albert Bushnell Hart.- Briefer lists may be found in Andrews, Brief Institutes of our Constitutional History, English and America* App. vii; mison. State, p. Winston, American Politics (1889), pp. vm-x and tTte UnitedS^teTTi^History and Constitution (1889), 273-276, reprinted froir iEn dopvdia Britannica, 9 ed., XXIII, 7 8 7 ; Von Hoist, Staatsrecht 3, , ^ 22, Mas, translation, Constitutional Law, 36, 375 Dareste, Constitutions^ 3 ), H, 4, ' ; Calvo, Droit International, 5 9 ; ^i^ical Science Quarterly, III, 485-488 i (Sep :. ,888). -Articles in periodicals may be found through/?^, Inde X to Legal Periodicals (.1 ^foole, Inde X to Periodicals (1882) and Supplements (1885-1889); and the special indues to Harper's, Atlantic, North American Reviw, and other periodicals. TEXTS. Lists of texts inWmwr, VII, 256; Foster References to f<***^ 19; Dareste, II, 410; Barnwell, p. 5. Official publications * ** * United States (1878) 5-32; Voore, Charters and Constitutions I, 1-24 (1877), &** ^y{** !,-*; *-** approved by Congress 1 82 Federal Government : Bibliography. [APP. C < (1846); many subsequent editions, especially Cummings (1878); manual of the House of Representatives, biennial; Manual of the Senate, biennial. Most of the above include the Declaration of Independence, the Articles of Confederation, the Constitution of 1787, and the Amendments, and also an analytic index to the Constitution. Unofficial texts in many hundreds of editions and in many languages. t freston, Doctiments Illustra- tive of American History (1886); ^ffoiigh, American Constitutions (1871, 1872). Most of the treatises contain the texts (see below); see also the separate texts, post 34-40. HISTORICAL GEOGRAPHY. Little attention has been given to the geographical devel- opment of the Union. '^Winsor, I-VII, especially VII, 527-562; bibliographies at the heads of the chapters in Thwaite's Colonies (1890); MacCoun, Historical Geography of the United States (1889); B- A- Hinsdale, Bounding the United States, in Magazine of Western History, II, 401-423 (Sept., 1885), and *TJie Old Northwest (1888); Hewes and Gannet, ^Scribner's Statistical Atlas of the United States (1885), PP- 3 l ~4> plates 12-17; Hewes, Citizen's Atlas of American Politics (1888), plates 10-15; Droysen, His- torischer Handatlas (1886), plate 84; Donaldson, Public Domain, 4 ed. (1884), also printed as 47 Cong., 2 sess., House Misc. Doc., Pt. IV, Document 45; L&annett, Bottn- daries of the United States, also in United States Geological Survey Bulletins, II, 13; freeman, Historical Geography, I, ch. xiii, 5; ^Morse, American Geography and Gazetteers on the period 1789-1810; many maps in histories, see below. AMERICAN TREATISES. The commentaries on the Constitution are very numerous, but the federal character of the government is usually discussed in them with little reference to the experience of other countries. Lists of commentaries may be found in the bibli- ographies cited above, especially: Von Hoist, Constitutional Law, 36, 37; Mead, 37, 38; Foster, 21-29; Winsor, VII, 256, 261, 263; Dareste, II, 411; ^alor, I, 611, III, 1019; Soule, 308; Clarke, Digest, 21-23; ttypoldt, American Catalogue, II, 421, III, 204; Subject Catalogues of the^Library of Congress, the fi(5ston Athenaeum, and the German Reichstag, and other libraries, under the title Constitution, United States, Vereinigte Staaten. The following are the principal formal treatises of the Constitution as a whole, pub- lished before 1835 : federalist (1787-88), many subsequent editions, TJawson's (1864) is the best; James Sullivan, Observations upon the Government of the United States (i 791) ; Tucker, Blackstone's Commentaries (1803), with many notes on the Constitution; James Wilson, Works (1804), especially Part I, c. xi, Part II, c. i-iii; J. E. Hall, Tracts on Constitutional Law (1813) ; John Taylor, Construction construed and Constitution vindicated (1820); T. Sergeant, Constitutional Law (1822, 2 ed. 1830); John Taylor, New Views of the Constitution (1823); N. Dane, General Abridgment and Digest of American Law (1823-29), especially ch. 187, 196, 225; W. Rawle, View of the Constitu- tion (1828, 2 ed. 1829); Jamet-tfent, Commentaries on American Law (1826-30, many subsequent editions), especially Vol. I, Part ii; J.^tory, Commentaries on the Constitution of the United States (1833, 3 subsequent editions, the best is Cooky's, 1873); J. Story, Commentaries on the Constitution, abridged by the Author (1833) ; J. Bayard, Exposition of the Constitiition (1833); W> A.^fJuer, Outlines of the Constitutional Jiirisprudence of the United States (1833); P. S.^Duponceau, Brief View of the Constitution (1834); J. Story, Constitutional Class Book (1834). To this period also belong the discussions of "Calhoun, Webster, and Madison on the nature of the Constitution : see Foster's Refer- ences to Presidential Administrations, especially pp. 23, 24. From 1835 to X 86i appeared: H. Baldwin, General View of the Origin and Nature of the Constitution (1837); J- Mar shall, Writings upon the Federal Constitution (1839), opinions extracted from the Reports of the Supreme Court; D. Raymond, Elements of Constitutional Law (1840) ; A. P. Upshur, Brief Enquiry into the Nature of the Federal 469] The United States. !8 3 Government (1840); W. A. Duer, Course of Lectures on the Constitutional Jurispru- dence of the United States (1843, 2 ed. 1856); H. St. G. Tucker, Lectures on Constitu- tional Law (1843); F- Smith, Constitutional and Statutory Construction (1848); C. B. Goodrich, Science of Government as exhibited in the United States (1853) ; T. ^Sedgwick, Treatise on the Rules which govern the Interpretation and Application of Constitutional and Statutory Law (1857, Pomeroy's ed. 1874). Since 1861 have appeared: J. Parker, Constitutional Law (1862); y. Tiffanv,' Treatise on Government and Constitutional Law (1867); jHttonroe, The People the Sovereigns (1867), posthumous; J. N. Pchfieroy, Introduction to the Constitutional Law of the United States (1868, many subsequent eds.); T. M. CtoTey, Treatise on Constitu- tional Limitations (1868, 3 other eds. to 1878); P. C. Cefaz, pseudonym for B. J. Sage, Republic of Republics (1871, and later eds.); J. King, Commentary on the Law and True Construction of the Constitution (1871); J. W. Andrews, Manual of the United States Constitution for American Youth (1873) ; T. M. Cooley, Story's Commentaries, additional chapters xlvi-xlviii (1873); H. Planners, Exposition of the United States Constitution (1873); G. W. Paschal, Constitution of the United States defined and anno- tated (1876); W. O. Bateman, Political and Constitutional Law of the United States (1876) ; O. F. Btimp, Notes of Constitutional Decisions (1878) ; T. W. Powell, Analysis of American Law (1878), especially Book i; R. Desty, Constitution of the United States, with Notes (1879, 2 ed. 1887); T. M. Co'oley, General Principles of the Constitutional Law of the United States (1880) ; S. F. Mitfer, Constitution of the United States (1880) ; y. C. Hurd, Theory of our National Existence (1881); F, Wharton, Commentaries on Law (1884); J. I. C. Hare, American Constitutional Law (1889). The most important of the above treatises arer'^Vw/, Commentaries; Story^ Com- mentaries; Marshall, IVritings ; Tiffany, Government and Constitution; Poinefoy, Constitutional Law; Cobtey, Constitutional Law; Wharfon, Commentaries; Hare, Constitutional Law ; to which should be added from the succeeding list, Tocqiieville, Von ffotst^and Bfyce. FOREIGN TREATISES. The political and constitutional system of the United States has attracted the attention of several discriminating foreign writers, most of whom compare the government with that of other countries : R. von Mohl, Das Biindesstaatsrecht der Vereinigten Staaten, Vol. I (1824), Verfassungsrecht is all that was ever published; t^Tocqueville, Democratie aux Etats-Unis (1835, English translation by Reeve, 1838, edited by Bowen, 1862, and other editions) was the first foreign criticism which attracted much attention, and it is still a valuable commentary; Keimann, Vereinigte Staaten im Uebergange vom Staatenbund zum Bundesstaat (1855), m<uttimann, Nordamerikan- isches Bundesrecht verglichen mit den politischen Einrichtungen der Schweiz (1867-76), are comparisons of American and Swiss public law; Schlief, Verfassung der amerikan- ischen Union (1880) ; Von Hoist, Staatsrecht der Vereinigten Staaten von Amerika (1885) in Marquardsen, Handbuch des offentlichen Rechts, Hbd. I, Abth. Hi; English translation by Mason, under the title of Constitutional Law (1885), is the best commentary on the federal character of the government; J. Bryce, American Commonwealth (1888, 2 ed. 1890) is the most valuable foreign commentary, going as it does not only into legal, but also into political relations; Part I deals with the United States as a confederation. 1 most recent book is Carlier, La Republique Americaine. 4 Tom. (1890.) DISCUSSIONS. Distinguished from the treatises by being rather critical than descrip- tive are the works of which lists may be found in Fos%r, 21, 32, Wi&or, VII, 264-266; Barnwell pp. vii-x. Among these foreign discussions are: P. F. Aiken, Comparative View of the Constitutions of Great Britain and the United States (1842) ; Tremenheere, ' Constitution of the United States compared with our Own {English} (1854). Several 1 84 Federal Government : Bibliography. [APP. c "discussions grew out of the Civil War: Eyma, La Republique Americainc (1861); Spence, American Union (1862); Loehnis, Vereinigte Staaten (1864); Lastarria, La America (i%6'j};i Jennings, Eighty Years of Republican Government (1868); J. C. l^Bluntschli, Griindung der nordamerikanischen Union (1868); E. Boutmy, Etudes de Droit Constitutionnel(\ < 8&<^), 83-216, and Constitutions Etrangeres, I ( ); also Von Hoist, Constitutional Law (1885), and Br^Tce, American Commonwealth (1888). Important American discussions are: John Q^dams, Jubilee of the Constitution (1839); E. Lie&er, What is our Constitution? (1861), reprinted in his Miscellaneous Writings (1881) II, 87-123; S. G. Fisher, Trial of the Constitution (1862); J. W. Draper, Thoughts on the Civil Policy of the United States (1865) ; O. Brownson, Ameri- can Republic (1866); E. Mufford, The Nation: the Foundations of Civil Order and Political Life in the United States (1870); A. Stickney, True Repttblic (1879) and Democratic Government (1885) ; J. 1C. Hosmer, Short History of Anglo-Saxon Freedom, (1890); C. G. Tiecteman, The Unwritten Constitution of the United States (1890). W. C. Ford, American Citizen's Manual, 2 parts (1883); Woodrow Wifs~on, Con- gressional Government (1884); H. Davis, American Constitutions, in Johns Hopkins University Studies, III, nos. ix, x (1885); especially commendable is J. F. Baker, The Federal Constitution, an Essay (1887), 94 pp. There are also elaborate discussions in the works of Madison, Calhoun, Webster, Jefferson Davis, and A. H. Stephens: see ante 40. BRIEF DISCUSSIONS. H. S. Maine, Popular Government, 196-254; A. V. Dicey, Law of the Constitution, 131-152; J. Fiske, American Political Ideas, 57-100; Crane and Moses, Politics, 223-252; S. Sterne, Constitutional and Political Development, 4 ed. (1888) c. 1-4; W. Wilson, The State, 832-1120, reprinted separately as a text-book, one of the best brief accounts; T. M. Cooley, Constitutional Limitations (1871), c. ii; E. A. Freeman, Federal Government, Introduction; Sanies Bryce. Predictions of Ham- ilton and Tocqueville, in Johns Hopkins University Studies, V, 325382 (1887); Glad- stone, Kin beyond Sea, in North American, vol. 127, pp. 179-212 (Sept. 1878), also reprinted in his Gleanings of Past Years, I, 203-248; Freeman, Presidential Govern- ment, in National Review, vol. 19, pp. 1-26 (Nov. 1864), also reprinted in his Historical Essays, I series, 373-406; A. Johnston, First Centziry of the Constitution, in New Princeton Review, vol. 4, pp. 175-190 (Sept. 1887); J. B. McMaster, First Century of Constitutional Interpretation, in Century, vol. 37, pp. 866-878 (Apr. 1889); E. J. Phelps, Constitution of the United States, in Nineteenth Century, vol. 23, pp. 297-316 (Mar. 1888); Wheaton, Ft. I, c. n, 24; Lawrence's Wheaton, Notes 39-43; Philli- more, 118-120; Calvo, Droit International, 59; Wharton, Commentaries, 363; Twiss, 43, 44; Woolsey, Political Science, II, 236-257. HISTORICAL ACCOUNTS. Most of the histories of the United States discuss military events and political development, rather than the growth of institutions. Lists may be found in the bibliographies cited above, especially in Winsor, VII, 264, VIII, 469-507; C. 1C. Adams, Manual, ch. xiv; Foster, References to the Constitution, 21-29, References to Presidential Administrations, 158; Dareste, II, 410412; also in Leypoldt, American Catalogue, and in library catalogues under " United States." Of the constitutional histories the most important is Von Hoist, Verfassung und Demokratie der Vereinigten Staaten, title of later volumes, Verfassungsgeschichte der Vereinigten Staaten (1873-88), translated by Lalor and Mason under the title Constitu- tional and Political History of the United States (1876-80). Vol. I is practically an essay on the development of the government to 1829; vols. II-VI cover the period 1829-59 systematically, and must long remain the acknowledged authority on the con- stitutional phases of the slavery struggle. Another volume is expected to bring the history down to 1861. G, T. Curtis has republished his History of the Constitution 469,470] The United States. ^5 L'77S-'7 S 9] ( l8 54) as a first volume of a Constitutional History of the United States (1889) ; his second volume will be the best comprehensive account of the growth of the Constitution since 1789. J. S. London, Constitutional History and Government of the United States (1889), is a useful volume in convenient compass. The late Alexander Johnston has left, be|kies numerous constitutional articles of great value in Lalor's Cyclopedia, the tw^Mrt short constitutional histories : History of American Politics (1880, revised by ^^889), and The United State?: its History and Constitution (1889), reprinted fromTHe Encyclopedia Britannica, 9 ed., Art. United States. Briefer histories are: Sterne, Constitutional and Political Development, 4 ed. (1888); L. H. Porter, Outlines of the Constitutional History of the United States (1883). . There are historical sketches in most of the treatises, especially Story, Commentaries ( l8 33) i-35i abl y supplemented by Coolers additional chapters in his edition of Story, c. xlvi-xlviii. G. T. Curtis, Constitution of the United States and its History, in Winsor, VII, 237-255, deals chiefly with the formation of the Constitution. Several of the narrative histories discuss constitutional questions freely, especially R. Hildreth, History of the United States [1788-182 /] (1856), vols. III-VI of his com- plete work; G. Tucker, History of the United States [1773-1841] (1856-57); H. Wilson, Rise and Fall of the Slave Power in America [1619-1869] (1872-77) ; James Schouler, History of the United States under the Constitution (1880-89), still in progress, 4 volumes published, reaching to 1847; J. B. McMaster, History of the People of the United States, still in progress, 2 volumes published (1883-85), reaching to 1803; Henry Adams, History of the United States during the Administrations of Jefferson and Madison \_i8o i-i8i7~\, 6 volumes published (1889-90), reaching to 1813; J. G. Blaine, Twenty Years of Congress (1884-86). There are many other histories less valuable for the constitutional student. BRIEF ACCOUNTS are very numerous. The best of them are enumerated under the head of " brief discussions " above. ARTICLES IN PERIODICALS. The best are cited above under the head of "brief discussions." Most articles compare popular elements of the American system with restricted forms of government, or compare the congressional with a parliamentary system. There has been less discussion of the United States as a federation. THE BEST REFERENCES. Von Hoist, Constitutional Law, especially 7-19; Bryce, American Commonwealth, especially xviii ; Dicey, Law of the Constitution, especially 126-128, 135-152 ; Tocqueville, Democracy in America, especially Book I, c. xviii; Maine, Popular Government, c. iv; Crane and Moses, Politics, c. xviii; Boutmey,tudes, 83-216; Coolers Story, c. xlvi-xlviii; Baker, The Federal Constitution (1887), ch. v- viii; the essays of H. Davis, Johnston, McMaster, and Phelps. 470. Switzerland as a federation. BIBLIOGRAPHIES of constitutional law and history. Dubs, 62-63; Oechsli, Quellen- buch, 562-566; Dareste, I, 469; Lalor, III, 850; Dresdener Bibliothek, Verzeichniss (1880); Revue Historique, vol. 24, pp. 143-164 (1884); Wilson, State, 333; Foster, References, 8, 33; Statesman's Year Book ; Hart in Old South Leaflets, General series, No. 1 8, pp. 36-38. TEXTS. Oechsli, Quellenbuch (1886); Bluntschli, Urkundenbuch and Geschichh Bundesrechts, II; Moreno, Principals Constituciones de Suiza (1881-82). See also list of general collections, ante 464, and of the separate texts in 42-46. HISTORICAL GEOGRAPHY. Himly, Formation Territorial de r Europe, II, 353~437J Freeman, Historical Geography, I, 268-276, II, Maps xxv-xxxi; Droysen, Atlas, Plate 25; Rhode, Schul-Atlas, Plate xx. Swiss TREATISES. The principal Swiss commentaries are descriptions of the goveri 1 86 Federal Government : Bibliography. [APP. c .ment under the present Constitution, but they usually contain historical introductions. Snell, Handbuch des schweizerischen Staatsrechts (1839-1845); and Bluntschli, Bundes- staatsrecht (1848), and Geschichte des schweizerischen Bundesrechts (1849-52), are valu- able especially on the conditions before 1848. Kaiser, Staatsrecht (1851-1860); Hei- mann, Bundesverfassung ( 1 860) ; Ullmer, Droit Public (1864-67); and Riittimann, Nordamerikanisches Bundesstaatsrecht verglichen mit den politischen Einrichtungen der Schweiz (1867); these are particularly useful on the Constitution of 1848. Blunter, Handbuch des schweizerischen Bundesrechtes (1863-64) has since the revision of 1874 been thoroughly rewritten by Morel (1877-1881). Bluntschli has also revised his Ge- schichte des schweizerischen Bundesrechtes in an edition of 1875. Meyer has issued four important works since 1875 : Geschichte des schweizerischen Bundesrechtes (1875-78), with a supplementary Uebersicht (1881); Eidgen'ossiche Bundesverfassung (1878) and Staatskalendar (1880). Less important works are: Zorn, Staat und Kirche (1877); Cohn, Bundesgetsezgebung (1879); Curti, Geschichte der Volksgesetzgebung (1882). The little Instruction Civique by Numa Droz is a very clear and intelligent work. The most valuable treatises are : Dubs, German edition, Das offentliche Recht der schweizerischen Eidgenossenchaft (1878), French edition, Le Droit public de la Confederation Suisse (1878); Orelli, Staatsrecht der schweizerischen Eidgenossenschaft (1885). Both these writers, but especially Dubs, have much to say about the principles of confederation, and frequently compare Switzerland with other countries. C. Hilty, in his Politisches Jahr- buch der Schweizerischen Eidgenossenschaft (1886-1890), discusses current politics and public law. OTHER TREATISES. There are notes on some phases of Swiss public law in Demom- byne, Constitutions Europeennes (1881). Very important are four recent works in English: Adams and Cunningham, Swiss Confederation (1889); there is a French translation by ff. G. Loumeyer, under the title La Confederation Suisse (1889), with notes which add much to its value ; Moses. Federal Government of Switzerland (1889); J. M. Vincent, State and Federal (Government in Switzerland (to appear 1891); and Boyd Winchester, 7'he Swiss Republic (in preparation). All describe the Swiss constitution; Adams and Citnningham are especially good on local government and the Referendum; Moses, on the federal character of the government; Vincent will treat local, state and federal government in a more strictly constitutional manner; Win- chester will devote much attention to the internal workings of the government. HISTORICAL ACCOUNTS. Out of the numerous histories of Switzerland the following may be mentioned : Mallet, Histoires des Suisses (1803) ; Meyer von Knonau, Handbuch (1826-29); Blumer, Staats- und Rechtsgeschichte der Schweiz (1848-59); Bluntschli, Staats- und Rechtsgeschichte (1849); Zschokke, Schweizer lands Geschichte, 9 ed. (1853); Morin, Precis (1856-75) ; Strickler, Lehrbuch, (1874); Planta, Die Schweiz in ihrer Entwickelung zum Einheitsstaat (1877); Vuillemin, Histoire (1875-76); D'dndliker, Geschichte (1884-87); Dierauer, Geschichte (1887). ACCOUNTS IN ENGLISH. Planta, History (1807); Nay lor, History (1809); Wilson, History (1832); Vieusseux, History (1846); Zschokke, History, translation by Shaw (1860); Mackenzie, Switzerland (1881). Briefer and better from the point of view of federal government are the historical introductions in Moses, Adams and Cunningham, Winchester, Dubs, and Orelli. BRIEF ACCOUNTS. E. A, Freeman on The Federal Constitution of Switzerland in Fortnightly Review, vol. 2, pp. 533-548 (Oct. 15, 1865); Freeman, on Presidential Government in National Review (Nov., 1864), reprinted in his Historical Essays ; May, Democracy in Europe, I, 333-403; Andrew Fiske, The Federal Constitution of Swit- zerland (1886), unpublished, MS. in Harvard College Library; Bluntschli in Gesammelte 4747 I 1 Switzerland and Germany. 187 Kleine Schriften, II, 114-131; Woolsey, Political Science, II, 208-223; Phillimore, 113-117, 134 n.; J. M. Vincent, A Study of Swiss History, in Papers of the American Historical Association, vol. 3, pp. 146-164 (1887); Bluntschli, Staatworterbuch ; Wood- row Wilson, The State, 505-577; Encyclopedia Britannica, Qth ed.; Statesman's Year Book; Dareste, I, 439-440; Wheaton, Part I, c. ii, 25. BEST BRIEF REFERENCES. Selections from Dubs, Orelli, Moses, Adams and Cunning- ham, and Winchester ; Vincent's and Freeman's essays. 471. Germany as a federation. BIBLIOGRAPHIES. In most of the treatises, especially Schulze, Lehrbuch, 5; Dareste, I, 159, 160; Lalor, II, 367; Statesman's Year Book ; Levermore and Dewey, Political History since 1813 (1889), pp. 72-81. TEXTS. Holtzendorff imd Bezold, Materialen (1873) ; Hertslet, Map of Europe by > Treaty ; Staatsarchiv ; British and Foreign State Papers ; treatises below. HISTORICAL GEOGRAPHY. Berghaus, Deutschland seit hundert Jahren (1859-62); Brecher, Historische Wandkarte von Preussen (1878); Neumann, Geographisches Lexi- ken (1883) ; Droysen, Atlas, Plates 22, 26, 31, 34, 38, 42, 46, 49, 50; Himly, Formation territoriale, ; Rhode, Historischer Schul-Atlas, Plates xi, xvii; Hertslet, Map of Europe by Treaty ; Freeman, Historical Geography, I, ch. viii, 2, II, Maps xxii-xxxiii. GERMAN TREATISES. Several of the older treatises are enumerated ante 30. Of the later works three classes may be distinguished. I. Published between 1830 and 1867: Pfizer, Entivickelung des offentlichen Rechts (1835); Zoepfl, Grundsatze des allgemeinen Staatsrechts (1841); Christ, Ueber deutsche national gesetzgebung (1842); Zacharia, Deutsches Staats- und Bundesrecht, 3 Aufl. (1845); Zacharia, Deutsche Verfassunsgesetze (1855) ; O. Mejer, Einleitung in das deutsche Staatsrecht (1861) ; Kaltenborn, Einlei- tung in das Constitutionelle Verfassungsrecht (1863); Zoepfl, Grundsatze, 2 Aufl. (1863). 2. Published between 1867 and 1871 : Schulze, Einleitung in das deutsche Staatsrecht (1867) ; Schulze, Die Krisis des deutschen Staatsrechts (1867) ; Hiersemenzel, Verfassung (1867); Martitz, Betrachtungen iiber die Verfassungen (1868); G. Meyer, Grundziige (1868), and Verfassungsrecht (1868-70); Grotefrend, Staatsrecht (1869); Thudichum, Verfassungsrecht (1870). 3. Published between 1871 and 1888: Auerbach, Reich und Verfassung (i^i]; Hauser, Verfassung (1871) ; Held, Verfassung (1872); von Ronne, Verfassungsrecht (1882); Meyer, Staatsrechtliche Erorterungen (1872); von Mohl, Reichstaatsrecht (1873); Westerkamp, Reichs- Verfassung (1873); Hanel, Studien zum deutschen Staatsrechte (1873-80); Gierke, Altes und neues Reich (1874); Bender, Ver- fassungsrecht (1875); von Ronne, Staatsrecht (1876-77); Laband, Staatsrecht (1876- 82); Mosel, Repertorium des deutschen Verwaltungsrecht (1877); Hartmann, Volker- recht, mit Riicksicht auf die Verfassung (1878) ; G. Meyer, Staatsrecht (1878); Rossler, Constitutionelles Werth(\^-]^); von Gerber, Staatsrecht (1880); Zeller, Katechismus des deutschen Retches (1878, 2 aufl. 1880); Zorn, Staatsrecht (1880-83); Schulze, Lehrbuch des deutschen Staatsrechts (1881-86); Laband, Staatsrecht, in Marquardsen's Handbuch (1883) ; G. Meyer, Verwaltungsrecht (1883-85) ; O. Mejer, Staatsrecht (1884) ; de Grais, Verfassung und Verwaltung (1886); von Stengel, Verwaltungsrecht (1886); Laband, Staat des deutschen Reiches (1888). There are many treatises on special topics, among them: Greist, Rechtstaat und Verwaltungsgerichte ( ); Frantz, Nationalliberale Rechtseinheit und das Reichsgericht (1873) ; Bar, Deutsches Reichsgericht (1875). f. OTHER TREATISES. Careful treatises in other languages are almost wanting. These maybe mentioned: Morhain, L' Empire Allemand (1886); Cohen, Etudes sur I'Alle- magne ( * ); Demombynes, Constitutions, II, 487-873 (ed. 1883). In English: Wood- row Wilson, The State, 358-4575 Bryce, Holy Roman Empire, (7 ed. 1877), supple, mentary chapter. 1 88 Federal Government : Bibliography. [ APP. c HISTORICAL ACCOUNTS IN GERMAN. From among the numerous histories of Germany the following are selected as bearing especially on constitutional development since 1806: Kohlrausch, J^eutsche Geschichte (1821); Biilati, Geschichte Deutschlands von 1806-1830 (1842); Walter, Deutsche Rechtsgeschichte (1857); von Kaltenborn, Geschichte der deutschen Bundesverhaltnisse von 1808-2856 (1857); Hausser, Deutsche Geschichte [1786- 1815} (1859-60); Klilpfel, Geschichte der deutschen Einheitsbestrebungen 1848-1871 (1872-73); Mutter, Politische Geschichte der neuesten Zeit 1816-1875, 3 aufl. (1875); Schulte, Deutsche Reichs- und Rechtsgeschichte, 4 aufl. (1876); Sickel, Deutsche Staats- verfassung bis zur Begrilndung des constitutionellen Staats (1879) ; Treitschke, Deutsche Geschichte int Neunzehuten Jahrhundert (187985); Stinzing, Deutsche Rechtswissen- schaft (1880-84) ; Biedermann, Dreissig Jahre deutscher Geschichte [1840-187 1~\ (1883) J Jastrow, Geschichte des deutschen Einheitssraiimes, 3 aufl. (1885); von Sybel, Begriin- dung des deutschen Reichs (1889- ). OTHER HISTORICAL ACCOUNTS. Kohlrausch, Germany, translated by Haas (1844); Austin, Germany from 1760 to 1814 (1854); Menzel, Germany, translated by Hor rocks (1869); Deventer, Cinquante Annees de Vhistoire federate de r Allemagne (1870); Ward, Experiences of a Diplomat ^1840-1870'} (1872); Nicolson, Sketch of the German Constitution and of the Events in Germany from 1815 to 1871 (1875); Schulte, Histoire du Droit, translated by Glasson (1882); Baring-Gould, Germany Present and Past (1879), \ and Story of Germany (1886); Lewis, Germany (1879); Fyffe, Modern Europe (1883-, 89); Dyer, Modern Europe (1861-1864); Grant Duff, Studies in European Politics. // BRIEF ACCOUNTS. Historical introductions to the treatises, especially Schulze, Ein- leitung and Lehrbuch ; Laband, I, 3-55; Wheaton, Commentaries \_to 1867}, I, 345-402, II, 1-9; Dareste, I, 131-133. 472. Canada as a federation. BIBLIOGRAPHY. Morgan, Bibliotheca Canadiensis (1867); foot-notes to the treatises mentioned below, especially Bourinot, Parliamentary Procedure and Practice, and Manual of the Constitutional History of Canada; Statesman's Year Book; R. Clarke, Bibliotheca Americana, 149-159; Foster, References to the Constitution, 33; Dareste, II, 384; Levermore and Dezvey, Political History since i8fj, pp. 27-29; G. Stewart, in Papers of the American Historical Association, IV, 433-435. TEXTS. The British North America Act. 30, 31, Viet., c. 3 [Engl.], is printed officially in Statutes Revised {of Great Britain}, vol. 15, 263-289; also a separate official edition; British and Foreign State Papers, vol. 58, pp. 413-445; Appleton's Annual Cyclopcedia, 1866, pp. 657-666; Wicksteed's Table of the Statutes (1874) ; Doutre, Constitution of Canada; Bourinot, Parliamentary Procedure, App.; Bourinot, Manual, 179-232 ; Munro, Constitution of Canada, App. In French: a separate official edition; Dareste, II, 354-384. The full text is presented in analyzed form post Appendix A. HISTORICAL GEOGRAPHY. Greswell, Historical Geography of Canada (1890); books on English Colonies; Dominion Atlas ; standard atlases of modern geography; Dilke, Problems of Greater Britain (1890); Reclus, Geographic Universelle, torn, xiii (1890). TREATISES. Since 1867 the following have been the principal treatises on the public law of the Dominion : Mentigny, Histoire du droit Canadien ( 1 869) ; Dotttre, Consti- tution of Canada (1880); Todd, British Government in the Colonies (1880), especially pp. 325-428; Macdougall, Prerogative Rights in Canada (1881); Trudel, Nos Chambres hautes (1880); Bourinot, Parliamentary Procedure and Practice (1884), the most elab- orate and valuable work, with copious references; C. C. Colby, Parliamentary Government in Canada (1886); Bourinot, Federal Government in Canada, in Johns Hopkins Uni- versity Studies, vol. 7, pp. 457-618 (1889), the standard discussion of the federal side of the constitution; Munro, Constitution of Canada (1889), rather on the legal than the 471-473] Germany and Canada. i^g political side of the government; Dilke, Problems <-.f Greater Britain (1890), 16-107; Cartwright, Cases decided on the British North America Act. HISTORICAL ACCOUNTS. Previous history of Canada, before 1866 : Mac Mullen, History of Canada (1869) ; Garneau, Histoire du Canada, 4 ed. (1882), English trans- lation (i860); Tuttle, Short History (1878); George Bryce in Winsor, VIII, 131-140. On the formation of the Union : Canadian Parliament, Ministerial Explanation (1864); Papers relating to the Conferences (1865); Rowlings, Confederation of the British North American Provinces (1865); Whelan, Union of the British Colonies (1865); Canadian Parliament, Parliamentary Debates (1865) ; Bolton and Webber, Confederation of British North America (1866). Recent accounts: Dawson, Our Strength and their Strength (1870); Gray, Confederation of Canada (1872); Watson, Constitutional History of Canada (187 4); Stewart, Canada under the Administration of the Earl of Dufferi n ( 1 878) ; Tupper, Canadian Confederation defended (1880); Geo. Bryce, History of Manitoba (1882); Morris, Nova Britannia (1884); Suite, Histoire des Canadiens-francais (1882-84) '> Dent, The Last Forty Years (iSSi); Sylva, La France Transatlantique (1885); Calmer, Recent Development in Canada (1887); Bourinot, Manual of the Constitutional History (1888), the best short work on the growth of the constitution; Bryce, Short History of the Canadian People (1887); Kings- ford, History of Canada (1887- , 3 vols. issued); Greswell, History of Canada (1890). BRIEF ACCOUNTS. Seeley, Expansion of England, 151-160; Creasy, Imperial and Colonial Constitutions, 183-189; Cotton and Payne, Colonies and Dependencies, 112-165; Dicey, Law of the Constitution, 152-154; Bourinot, Canada and the United States, in Annals of American Academy of Political and Social Science (June, 1890); Lalor, Cyclopedia I, 827; Reade, Making of Canada (1884), reprint from Transactions of the Royal Society of Canada, II, Sec. 2, 1884 (15 pp.); Bryce, American Commonwealth, 1,688; Dareste, I, 354; Statesman's Year Book ; Canadian Almanac. ARTICLES IN PERIODICALS. Goldwin Smith, The Political Destiny of Canada (1877), reprinted from Fortnightly Review, vol. 27, p. 431 (April, 1877), printed also in Canadian Monthly, II, 596; Eclectic Magazine, vol. 89, p. I, Popular Science Monthly Supplement, vol. I, p. I, and in Burlingame's International Politics, 155-204; F. G. Mather in Atlantic, vol. 46, pp. 56-67 (July, 1880), Canadian Monthly, n. s., vol. 5, 185, Contem- porary, vol. 44, p. '701 (1883) ; a letter by Albert Bushnell Hart in Nation, vol. 50, p. 348 (May, 1890). The list might be much extended by search, especially in the Canadian Monthly, Dominion Annual Register and Review, and Transactions of the Royal Society of Canada. 473. Alphabetical list of works. In this list are included the full titles of the more important works to which reference has been made in this monograph; it includes books devoted exclusively to the subject, books in which there are parts or chapters on the subject, and special articles; books relating chiefly to particular countries will be found under those countries in the biblio- graphical notes. Andree, R. Allgemeiner Handatlas mit erlauterndem Text. Bielefeld, etc. 1881. 86 maps. Archives Diplomatiques. Recueil de Diplomatic et d'Histoire. Paris, i* Austin, J. Lectures on Jurisprudence, or the Philosophy of Positive Law. 3d ed. by R. Campbell. 2 vols. London, 1869. Bake, C. Beschouwingen over den Statenbond en den Bondsstaat. Amsterdam, iS Bentham, Jeremy. Works of Jeremy Bentham, published under the superintend- ence of his Executor, John Bowring. 9 vols. Edinburgh, 1843. / Bliss, Philemon. Of Sovereignty. Boston, 1885. 190 Federal Government: BibliograpJiy. [APP. c Bluntschli, Johann Caspar. Gesammelte kleine Schriften. 2 Bde. Nordlingen, 1879-81. Lehre vom modernen Staat. 3 Theile. Stuttgart, 1875-76. Das moderne Volkerrecht der civilisirten Staaten als Rechtsbuch dargestellt. Nordlingen, 1878. The Theory of the State. Authorized English translation from the sixth German edition. Oxford, 1885. [A translation of part i only of his " Lehre vom modernen Staat."] und Brater, Karl. Deutsches Staats-Worterbuch. In Verbindung mit deut- schen Gelehrten herausgegeben. n Bde. Stuttgart u. Leipzig, 1857-70. Boutmy, E. Etudes de droit Constitutionel. France, Angleterre, Etats Unis. Paris, 1885. pp. 272. Bowyer, Sir George, Bart. Commentaries on Universal Public Law. London, 1854. Brie, Siegfried von. Der Bundes-staat. Eine historisch-dogmatische Untersu- chung. Erste Abtheilung. [Only one volume published.] Geschichte der Lehre vom Bundesstaate. Leipzig, 1874. British and Foreign State Papers. Compiled by the Librarian and Keeper of the Papers, Foreign Office. London, 1812-1878. Bryce, James. The American Commonwealth. 2 vols. 2 ed. London, 1889. Calvo, Charles. Le Droit international theorique et pratique. 4 tome, 2 ed. Paris, 1870-1880. Cohn, G. Quid intersit inter confoederationem civitatum et civitatem confoedera- tam. Gryphice, 1868. Constituciones vigentes de los principales estados de Europa y America. 3 vols. (2d ed.) Madrid, 1872. Crane, W. W., and Moses, B. Politics : an Introduction to the Study of Com- parative Constitutional Law. New York, etc. 1884. Creasy, Sir Edward S. First Platform of International Law. London, 1876. Dareste de la Chavanne, F. R. and P., compilers. Les constitutions modernes. Recueil des constitutions actuellement en vigueur dans les divers etats d'Europe, d'Ame- rique, et du monde civilise; traduites sur les textes, et accompagnees de notices histo- riques et de notes explicatives. 2 Tom. Paris, 1883. Demombynes, Gabriel. Constitutions Europeennes. Resume de la Legislation concernant les Parlements, les conseils provinciaux et communaux et 1'Organisation judiciare dans les divers etats de 1'Europe. 2 Tom. 2d ed. Paris, 1883. Denison, George Anthony. The Power and Stability of Federative Governments. [In Oxford English Prize Essays, IV, 239-294 (1829); also in Valpy, C. y., Classical Journal, 40, 135 (1829).] Dicey, Albert Venn. Lectures introductory to the Study of the Law of the Constitution. London, 1885. Drioux et Leroy, C. Atlas universel et classique de geographic ancienne, romaine, du moyen &ge, moderne, et contemporaine. Nouvelle ed. Paris, 1881. 88 maps. Droysen, G. Allgemeiner historischer Handatlas, mit erlauterndem Text; ausgefiihrt von der geographischen Anstalt von Velhagen & Klasing in Leipzig, unter leitung von Richard Andree. Bielefeld, etc. 1886. 96 maps. Dubs, J. Das oeffentliche Recht der Schweizerischen Eidgenossenschaft. i", ii" Theil. Zurich, 1878. Dufau, Duvergier, et Guadet. Collection des Constitutions, Chartres et Lois fundamentales des Peuples de 1'Europe et des deux Ameriques. 6 Tom. Paris, 1823-25. 473] List of Works. Igi Fiske, John. American Political Ideas. New York. 1885. Frantz, Constantin. Der Foderalismus als das leitende Princip fur die sociale, staatliche und Internationale Organisation, unter besonderer Bezugnahme auf Deutsch- land. Kritischnachgewiesen und constructiv dargestellt. Mainz, 1874. Freeman, Edward A. Comparative Politics. New York, 1874. Historical Essays. London, 1871. Historical Essays, Second Series. London, 1880. The Historical Geography of Europe. 2 vols. 2 ed. London, 1882. History of Federal Government from the Foundation of the Achaian League to the Disruption of the United States. [Only one volume published.] London and Cam- bridge, 1863. Gagern, Heinrich von. Leben des Generals Friedrich von Gagern. Leipzig u. Heidelberg, 1856. [Hamilton, A., Madison, J., and Jay, J.] The Federalist. Reprinted from the original text under the editorial supervision of H. B. Dawson. New York, 1881. Hill, B. A. Liberty and Law; or, Outlines of a New System for the Organization and Administration of Federative Government. 2d ed. St. Louis, 1880. Jellinek, G. Die Lehre von den Staatenverbindungen. Wien, 1882. Juraschek, F. von. Personal- und Realunion. 1878. Labberton, R. H. New Historical Atlas and General History. New York, 1886. 71 maps. (MacCoun's historical series.) Lewis, Sir G. C., Bart. A Dialogue on the Best Form of Government. London, 1863. Lieber, Francis. Manual of Political Ethics. Philadelphia, 1875. 2 vols ' Lorimer, James. The Institutes of the Law of Nations. 2 vols. Edinburgh and London, 1884. McGee, T. D. Notes on Federal Governments Past and Present. With an Appen- dix containing the Federal Constitution of the New Zealand Colonies. Montreal, 1865. Madison, James. Letters and Other Writings of James Madison, Fourth President of the United States. Published by order of Congress. 4 vols. Philadelphia, 1865. Maine, Sir Henry S. Popular Government. Four Essays. New York, 1886. Mann, Henry. Ancient and mediaeval Republics : A Review of their Institutions, and of the Causes of their Decline and Fall. New York, etc. [1879]. May, Sir Thomas Erskine. Democracy in Europe. A History. 2 vols. Lon- don, 1877. Mill, John Stuart. Considerations on Representative Government. New York, 1862. Mohl, Robert von. Encyclopaedic der Staatswissenschaften. 2Aufl. Tubingen, 1872. Moreno, Alejo Garcia. Instituciones poh'ticas de los estados federales. 3 Tom. Madrid, 1881-82. [Includes only Switzerland and the United States.] Moses, Bernard. The Federal Government of Switzerland: an Essay on the Constitution. Oakland, Cal., 1889. Monroe, J. The People the Sovereigns : Comparison of the Government of the United States with those of Former Republics. London and Philadelphia, 1867. Fhillimore, Robert. Commentaries on International Law. 4 vols. London, 1854-1861. Poelitz Die Europaischen Verfassungen seit clem Jahre 1 789 bis auf die neueste Zeit mit Geschichtlichen Erlaiiterungen und Einleitungen. 2 Aufl. Leipzig, 1832-1847. Frudhon, P.- J. Du Principe federatif et de la Necessite de reconstituer le Parti de la Revolution. Paris, 1863. 1 92 Federal Government : Bibliography. APP. C Pufendorff, Samuel von. Dissertationes academics selectse. Londini Scano- rum, 1675. Schulze, H. (J. F.). Lehrbuch des deutschen Staatsrechtes. 2 Biicher in I vol. Leipzig, 1 88 1 -86. Senior, Nassau William. Historical and Philosophical Essays. 2 vols. London, 1865. Das Staatsarchiv. Sammlung der officiellen AktenstUcke zur Geschichte der Gegenwart. Berlin, 1861-90. Stieler, A. Handatlas iiber alle Theile der Erde und tiber das Weltgebaude. Gotha," [1881]. pp. 8, 95 maps. Taylor, Hannis. The Origin and Growth of the English Constitution. An His- torical Treatise. Part I. The Making of the Constitution. Boston and New York, 1889. Tocqueville, Alexis [C. H. C.] de. De la democratic en Amerique. 3 Tom. 14 ed. Paris, 1864. Treitschke, Heinrich von. Historische und politische Aufsatze. 3 Bde, 4 Aufl. Leipzig, 1871. Twiss, Travers. The Law of Nations considered as Independent Political Com- munities. On the Rights and Duties of Nations in Time of Peace. London, 1861. Vollgraff, C. J. De Confoederationibus sine et cum imperio. Wodurch unter- scheiden sich Staatenbund, Bundesstaat und Einheitsstaat. Marburg, 1859. Waitz, Georg. Grundziige der Politik. Kiel, 1862. Welcker, C. J. Ueber Bundesverfassung und Bundesreform, iiber Bildung und Granzen der Bundesgewalt. Zunachst in Beziehung auf den Schweizerbund und die Schriften von Troxler und Zacharia iiber denselben. Leipzig u. Stuttgart, 1834. Wenzel, J. K. Veranderungen der Karte Europas seit 1815. Prag., 1878. Wheaton, Henry. Commentaire sur les Elements du Droit international et sur 1'Histoire du Progres du Droit des Gens, [redige] par William Beach Laurence. 3 Tom. Leipzig, 1868. Woolsey, Theodore D. Political Science, or the State theoretically and practi- cally considered. 2 vols. New York, 1878. Zinzerling. Le systeme federatif des anciens mis en parallele avec celui des mo- dernes. Heidelberg, 1809. Zoepfl, H. Grundsatze des gemeinen deutschen Staatsrechts mit besonderer Riick- sicht auf das allegemeine Staatsrecht und auf die neuesten Zeitverhaltnisse. 5 Aufl. Leipzig u. Heidelberg, 1863. INDEX. The index goes into details only on the text and Appendices B and C. For Appendix A the text of the four great constitutions the analytical arrangement may be seen in the Contents, pp. ix-x ; it is further brought out in the cross-references within Appendix A. The passages parallel to any given extract from one of the four constitutions may be found through Appendix B, pp. 175-177. A CH^AN LEAGUE, a Staatenbund, J~\ 21; history and constitution, 31, 32; restored by the Romans, 34. Act of Mediation, in Switzerland (1803), 63- yEtolian League, history and constitution, 32; comparison with Samnites, 35. Akarnian League, 33. Alabama, summons a Southern convention (1861), 61. Albany Congress (1754), 53. Alliances, a kind of union, 13; nature, 16; difference from confederations, 18. Alsace-Lorraine, dependency of Germany, 14. Ambassadors, unions formed by, 17, 18. Amendment, process of, 174; to Swiss Constitutions, 65, 66; to the United States Constitution, 59. America, Central, see Central America. America, Confederate States of, 60-62. America, federal governments in, ch. iv-v. America, South, see Argentine Republic, Brazil, United States of Colombia, Vene- zuela. America, Spanish, see Spanish America. America, United States of, see United States of America. Amphictyonic councils, in Greece, 19, 29. Ancient confederations, ch. ii, 27-36. Antalkidas, Peace of, 31. Appropriations of money, 154. Argentine Republic, history and constitu- tion, 85. Arkadian League, 33. Army, regulation of, 167-172. Articles of Confederation of United States 0780,55- Associations of States, 12, 15. Assyria, realm of composite States, 27. Athens, in alliances, 13, 16; political edu- cation in, 25 ; head of the Delian League (B.C. 475), 30; head of a second league, 31; offered a place in Achaean League, 32; influence in Ionian cities, 34; com- pared with British Empire, 77. Australasia, schemes of union in, 77. Australia, federal conditions in, 78. Austria, influence on the Holy Roman Empire, 44, 67; strives for the hegemony (1815-66), 68, 69, 70; outside the Zoll- verein, 72; war with Prussia, 73; ex- cluded from German unions, 73. Austro-Hungary, a conjunctive union, 14, 15; relations with provinces, 13; a great power, 1 6; in the Triple Alliance, 16. BADEN, in Confederation of the Rhine, 68. Balance of powers in Europe, 1 6. Balkan peninsula, no tendency to federa- tion, 77. Bavaria, created a kingdom, 68. Belgium, neutrality guaranteed, 13. Bibliography of federal government, App. C, 178-192; see also each country. Bismarck, Count, plan of union (1862), 70; sagacity in peace of 1866, 73; accepts war with France, 74; leads up to the Empire, 74. [193] 194 Federal Government : Index. Blanco, Guzman, dictator of Venezuela, 84. Boeotian League, 33, 34. Bolivar, Simon, South American leader, 84. Bonaparte, see Napoleon. Bosnia, administered by Austria, 13. Brazil, Empire of, 17, 22, 86; a federated republic (1890), 86. British Colonies, see English Colonies. British Empire, see Imperial federation. British North America Act, see Canada. Buenos Ayres, 84, 85. Bundesstaat, definitional ; examples, 6 1,65. Buonaparte, see Napoleon. Burgundy, League of, 39. Byzantine Empire, Roman tradition in, 37. pANADA, see Table of Contents, viii- \J x; federal bibliography, 188-189; fed- eral conditions, 14, 21, 23 ; history and constitution, 75-76; formation of consti- tution, 88-91 ; list of articles of constitu- tion, 175; text of constitution, App. A, 87-174; provinces and their relation, 92-102; form of the government, 103- 133; powers, 134-174; effect on British federation, 77. Central American Confederation, history and constitution, 67. Centralization, tendency to, in United States, 59; in Switzerland, 67; in Ger- many, 75; in Canada, 76. Cities, units of ancient political life, 28; formation of mediaeval, 37 ; in Holy Roman Empire, 44; no longer political units, 50. Citizens, rights and duties, 138-147. Colombia, centralized State, 84; United States of (1863), 85; again centralized (1886), 86. Colonies, dependencies of European pow- ers, 14; unions of British, 51-53, 75~79; Spanish, 80. Commerce, control of, 156-165. Compact theory, of United States Consti- tution, 17. Compromise, basis of federal government, 24 ; in United States Convention of ! 787> 57- Confederate States of America, history and constitution, 25, 60. Confederation, see federal government. Confederation of 1781 in United States, 54, 58. Confederation of New England, 51-52. Confederation of Rhenish cities, 38, 39, 45. Confederation of the Rhine (1806), 68. Congo Free State, neutrality guaranteed, 13. Congress, see legislative department. Congresses, arranged chronologically, Colo- nial (1690-1 750), 52, 53; Albany(i754), 53; Stamp Act (1765), 53; First Conti- nental (1774), 54; Second Continental (1775), 55; of the Confederation (1781), 56; of Vienna, 64, 70. Conspectus of federal constitutions, App. A, 85-I74- Constitutions, of each federation, see fed- eral constitutions, and each country; basis of federal government, 18; writ- ten, 12. Continental Congresses, 53-55; compared with the Confederation, 56. Convention of 1787 in United States, 57. Corinth, Congress of (B.C. 338), 31. Costa Rica, 83. Court of Shepway, in Cinque Ports, 43. Courts, federal, 129-147. Cracow, a protected state, 13. DEBT, public, 153-154. Delian League, 30. Delphic Amphictyonic Council, 29, 33. Denmark, relations with Hansa, 40. Dependencies, of modern states, 13. Development of federal constitutions, United States, 49, 58; Switzerland, 62, 66; Germany, 67, 74; Canada, 76. Diaz, Porfirio, President of Mexico, 82. Dinwiddie, Gov., plan of colonial union, 53. Diplomatic powers, 156, 165. Directory in France, influence on Switzer- land, 63. Division of powers in federations, 25, 134. Dutch, see United Netherlands. EDUCATION, control of, 146. LJ Emperor, see executive ; of Holy Roman Empire, 45 ; title refused by Prussia (1849), 70; accepted by Prussia (1871), 75- Blanco Germany. Empire, Holy Roman, 43; Austro-Hunga- rian, 13-16; German, 74; Mexican, 82; Brazilian, 17, 22, 86. Enforcement, power of, 173. England, see also Great Britain; changes of alliance, 1 6; city leagues in, 42; ex pulsion of Hansa, 40; maintenance of representative government, 50; institu- tions adopted by the United States, 57; attitude towards colonial union, 51, 52. Engfish Colonies, in America, local free- dom, 50; effect of United States federa- tion, 57; compared with Spanish, 82; relations with French and Dutch, 52; Canada, 75; Australasia, 77; imperial federation, 78. Etruscan city leagues, 28, 29, 34. Europe, federal government in, ch. i-iv, il-8o. Executive department of government, 122- 129. FAMILY of nations, 15. Federal constitutions, see Table of Contents, vii-x; see also leagues; ar- ranged chronologically, Delian League (B.C. 475), 3; Achaean League (B.C. 274), 31 ; yEtolian League (B.C. circ. 250), 32; Rhenish Confederation (1254), 39; Cinque Ports (1278), 42; Old wiss Confederation (1291), 45; Royal Burghs of Scotland (1295), 41; Hansa (1367), 40; Holy Roman Empire (circ. 1526), 44; United Netherlands (1579), 47; United Colonies of New England (1643), 51; Confederation of the United States (1781), 55; United States (1787), 57, text, App. A, 87-1 74 ; Switzerland (1803) , 64; Confederation of the Rhine (1806), 68; German Confederation (1815), 70; Switzerland (1815), 65; Central Ameri- can Confederation (1824), 83; Mexico (1824), 82; New Granada (1830), 85; Venezuela ( 1 830) , 84 ; Zollverein ( 1 834), 72; Switzerland (1848), 65; New Zea- land (1852), 77; Argentine Republic (1860), 85; Confederate States of Amer- ica (1861), 61; United States of Colom- bia (1863), 85; Venezuela (1864), 84; Dominion of Canada (1867), 76, text, 195 App. A, 87-174; Mexico (1867), 82; North German Confederation ( 1 867) , 73 ' ; German Empire (1871), 74, text, App. A', 8 5~ I 74; Switzerland (1874), 67, text, App. A, 85-174; Federal Council of Australasia (1885), 78; Brazil (i8 9 o),86. Federal Convention, of United States 0787), 575 of Canada (1864), 76; of Australasia (1891), 78. Federal government, see Table of Contents, vii-x. Feudal system, effect on federation, 37. Financial powers, 147-155. First Continental Congress (1774), 54. Foreign powers, 156, 165. Formation of federal constitutions, 89-91. France, changes of alliance, 16; a great power, 1 6; North American colonies, 5 2 53 755 present colonies, 14; influ- ence of the Revolution of 1 789 on the Holy Roman Empire, 44, 67; occupa- tion of Western Germany (1806-1813), 44> 67-69; influence on Switzerland, 47, 63, 64; invasion of Mexico (1861), 82; war with Germany (1870), 74. Franche Comte, league in, 39. Frankfort, League of, 38. Frankfort, Parliament of (1848), 70. Franklin, Benjamin, plan of colonial union 0754), 53- Frederick Barbarossa, strife with Italian cities, 38. Frederick II, Emperor, strife with Italian cities, 38. Fugitive slaves, in New England Confed- eration, 52. GAUL, cantonal unions in, 36. Geography of federal governments, 178; see also each country. German federations, see Holy Roman Empire; city leagues in Germany, 38- 41, 43; feebleness of small states, 57; Confederation of the Rhine, 68; Con- federation of 1815, 1 8, 69, 70; Zollver- ein, 1 6, 71-72; North German Confed- eration, 72; Empire, 74. Germany, as a federation, see Table of Contents, viii-x; bibliography, 187-188; federal conditions, 21-24, 67-68, 75; 196 Federal Government : Index. history and constitution, 37-41, 43-46, 67-75; formation of constitution, 18, 89-91; list of articles of constitution, 176; text of constitution, App. A, 85- 174; form of the government, 103-133; type of a strong federation, 19; transi- tion from Staatenbund to Bundesstaat, 21, 22, 56; states and their relations, 92-102; dependency of Alsace-Lorraine, 14; predominance of Prussia, 17; pow- ers of government, 134-174; internal order, 24; a great power, 16; a member of the Triple Alliance, 16; not easily centralized, 24 ; effect of Australasian colonies, 77. Government, federal, see Table of Con- tents, vii-x; primitive, 84. Granada, viceroyalty of, 84. Granada, New, 85. Great Britain, a great power, 16; enact- ment of New Zealand Act (1852), 77; of British North America Act (1867), 76; of Australasian Council Act (1885), 78; example of a conjunctive union, 14; schemes of imperial federation, 79; comparison with Athenian Empire, 77. Greece, federal conditions in, 23, 27, 28, 29; the city the unit, 27; representation un- developed, 27, 53; spirit of practical statesmanship, 27, 28; religious festivals and councils, 28, 29; unions under a hegemony, 30; true federal unions, 29- 33; leagues of Greek cities in Italy, 35; conquest by the Romans, 32, 33; fed- eral governments revived, 33; Roman provincial government, 36. Grlsons, union of, 46. Guatemala, 83. TJAMILTON, Alexander, influence on 11 the United States Constitution, 59. Hanover, opposed to Zollverein, 72; ab- sorbed by Prussia, 73. Hansa, league, 16, 39-41; receives mem- bers of Rhenish Confederation, 39; in- fluence on Holy Roman Empire, 44. Hanse de Londres, of Flemish cities, 41. Hapsburgs, attempts to control the Swiss, 40; secure the imperial dignity, 66. Hartford Convention (1814), 17. Harvard College, nourished by the New England Confederation, 52. Hauenstein, League of, 39. Hegemony, in Greece, 30; in Germany, 17, 44, 68, 70, 73. Helvetic Republic (1798), 63. Hermandad, of Spanish cities, 41. Herzegovina, a tributary state, 13. Hesse, joins the Zollverein, 71. Holland, predominance in United Nether- lands, 48. Holy Roman Empire, bibliography, 43; history and constitution, 43-45 ; concep- tion of a world empire, 44; example of Staatenstaat, 19, 20; clumsiness of con- stitution, 57; effect on mediaeval cities, 38, 39; relations with Hansa, 40; dis- integration, 49; dissolution, 68; causes of failure, 67 ; attempt to revive its conditions, 69; compared with British Empire, 76, 79; compared with United States Confederation (1781), 56. Honduras, 83. IMMEDIATE members of the Holy Roman Empire, 45. Imperial federation, 22, 78-79; see also Great Britain. Incorporate unions, 15. Independence, Declaration of (1776), 54. India, a British dependency, 13, 14, 79. Indians, American, legal status of, 14; effect on New England Confederation, 52; treaties with, 53. Internal improvements, 158. International law, relations to federal gov- ernment, 15-18. Interstate relations, 98. Ionian cities, did not federate, 30, 34. Ireland, traces of city leagues, 41. Isle of Man, semi-independent, 13. Italian leagues, ancient, 34; mediaeval, 37, 43- Italy, relations of protected states, 13; a great power, 16; in the Triple Alliance, 1 6; no tendency to federation, 77. " Itio in partes," in Holy Roman Empire, 45- Iturbide, Emperor of Mexico, 82, 83. Germany President. 197 JAMES II of England, jealous of the colonies, 52. judiciary of federal governments, 129-133, 138-147. KEY to Conspectus of Federal Constitu- tions, App. B, 175-177* King Philip War, 52. Kniphausen, example of a dependency, 13. LATIN-AMERICAN Confederations, 24, ch. v, 80-86; see also Argentine Republic, Brazil, Central America, Co- lombia, Mexico, Venezuela. Latin leagues of cities, 28, 35. League, definition of, 16; Delphic -Amphic- tyonic, 29, 33; Delian, 30; Achaean, 31; ^Etolian,32; Olynthian,33; Boeotian, 33; Phokian, 33; Akarnian, 33; early Italian, 34; mediaeval Italian, 37; Lombard, 38; Rhenish, 38; Frankfort, 39 ; Wetterau, 39 ; Hauenstein, 39; Burgundy, 39; Franche- Comte, 39; Hansa, 39; Three Lands, 46; Eight Old Places, 46; Thirteen Places, 46. Legislation, ultimate powers of, 12; pro- cess of, 117-120. Legislative department. 103-125. Lombard League, 16, 38. Lord Warden of the Cinque Ports, 42. Lubeck, leader in the Hansa, 40, 41. Lycian League, 21, 34, 36. MACEDON, hegemony in Greece, 31; conquest of Greece, 29, 31. Maryland, delay in ratifying Articles of Confederation, 55. Massachusetts, beginning of Revolution (1775). 54- Maximilian I, Emperor of Germany, 44. Maximilian, Emperor of Mexico, 82. Mediaeval leagues, 21, 22, ch. iii, 37-46. Mexico, former centralization, 17, 22; his- tory and constitution, 81-83. Milan, after federation, 38. Military affairs, 25, 167-171. Monaco, a protected state, 13. Monarchy, in federation, 24; see also Can- ada, Germany, Holy Roman Empire. Morgarten, battle of, 46. Morozan, dictator in Central America, 83. NAPOLEON I, influence in Switzer- land, 63; Protector of the Confed- eration of the Rhine, 68; compelled to abandon Germany (1813), 69; and Swit- zerland, 64. Nations, normal relation between, i 5; "Family" of, 15. Navy, powers over, 171. New England, interference of James II, 52. New England Confederation, 51-52. New Granada, Republic of, 85. New Spain, viceroyalty of, 81. New Zealand, Federal government (1852- 75), 77, 78. Nicaragua, 83. North German Confederation, history and constitution, 72-73 ; the Zollverein made an adjunct, 72; effect of commercial in- terest on, 56; effect on Switzerland, 66. Norway and Sweden, a conjunctive union, 14, IS- Nova Scotia proposes a union (1864), 76. Nullification, theory of, in United States, 17, 61. Nuremberg, type of mediaeval city, 25. LYNTHOS, attempt to create a league, 33- PACIFICATION of Ghent, 47. 1 Panhellenes, 34. Peloponnesian War, effect on Delian League, 30. Penn, William, plan of colonial union, 53. Persia, influence on Greek union, 29, 30, 34. Personal rights, 136-147. Personal unions, 15. Phokian League, 33. Plata, La, viceroyalty of, 84. Plymouth Colony, 25, 52. Police powers, 172. Polish provinces, taken from Prussia, 70. Political rights, 142. Portuguese colony of Brazil, 8l. Post-office, 160-162. Powers, governmental, App. A, 134-174; division of, 17, 1 34~!35 Prague, Peace of (1866), 73. President of the United States, genesis, 57; see also Executive. Federal Government : Index. Protectorates, 13. Provinces, Roman, 35; English, see Eng- lish colonies; Dutch, see United Nether- lands; Spanish, see Latin-American. Prussia, influence on Holy Roman Em- pire, 44, 67; compared with United States (1787), 57; conquered by the French (1806), 68; given divided ter- ritories (1815), 70; struggle for the hegemony, 68, 69, 70, 71; creates the Zollverein, 71-72; King of, chosen Em- peror (1849), 70; war with Austria (1866), 73; and with South German states, 73; divided territory united, 73; moderation in terms of peace, 73; and in framing a union, 73 ; and in forming the Empire, 74; present hegemony, 30, 73. 75- RAILWAYS, power over, 158-60. Ratification of the Constitution of the United States, 58. "Real" Unions, 15. Reformation, effect on Holy Roman Em- pire, 44; on Switzerland, 46; on the United Netherlands, 47. Religion, control of, 146. Representation, in ancient Leagues, 29, 32, 34- Republican government, in federations, 24. Revenue, power over, 149. Revolution, of 1 775, effect on English colo- nies, 14, 50; of 1789, see French Rev- olution; of 1830, effect on Switzerland, 65; of 1848, effect on Germany, 70, 72. Rhenish Confederation, of cities (1254), 38-39, 45- Rhine, Confederation of the (1806), 38. Richmond, evacuated, 62. Rights, of the citizen, 138-147. Rome, unfavorable federal conditions, 15, 27, 29; member of the Latin League, 35; conquest of Greek federated cities in Italy, 35; and of the Samnites, 35; conquest of Greece, 29; and of the Greek federations, 32, 33; mildness toward Greece, 33; revival of Greek confederations, 33; traces of federation in the provinces, 35-36; government of the provinces, 13. Rosas, dictator of the Argentine Republic, 84. Russia, connection with Hansa, 41; Ger- man troops in campaign of 1812, 69; a great power, 16; changes of alliance, 16. P AMNITES, League of, 35. O San Marino, protected by Italy, 13. San Salvador, 83. Satellite combination of states, 13. Savage tribes, dependent relations of, 14. Saxony, made a kingdom by Napoleon, 68. Schleswig-Holstein question, precipitates war of 1866, 70. Scotch burghs, 4142. Secession, theory of, 18; attempted by Sonderbund (1846), 65; by southern states of United States (1861), 6i; ac- complished by Prussia (1866), 70. Shepway, Court of, 43. Six Nations, colonial treaties with, 53. Slavery, influence in United States, 57, 59; influence in Brazil, 86. Sonderbund, in Switzerland, 65. South American Confederations, ch. v, 80- 86. South Carolina, secession of (1860), 61. Southern Confederacy in America, 25, 60- 62. South German states, enlarged by Napo- leon, 68; favored in 1815, 69; at war with Prussia (1866), 73; enter Zollve- rein, 72; participate in war with France, 74; enter the Empire, 73, 74. Sovereignty, doctrine of, 1 1 ; double sov- ereignty, n, 12, 19; see also division of powers. Spain, cantonal unions under Rome, 35; influence on United Netherlands, 35 ; colonial policy, 81-82. Spanish-American confederations, ch. v, 80-86; see also Argentine Republic, Central America, Colombia, Mexico, Venezuela. Sparta, hegemony in Greece, 31; relation to Greek federation, 33; harsh rule, 33; influence on Ionian cities, 34. Staatenbund, definition, 20; examples, 21, 44, 46, 55, 64. Staatenstaat, definition, 19. Protectorates United States. 199 Stamp Act Congress (1765), 53. States, definition, 12; two kinds, ii; non- federal combinations, 12; dependent, 13; protected, 13; associations of, 15. States General, in United Netherlands, 47. States in a federal union, function, 17; constitutions limited by the federal con- stitution, 18; as centres of resistance, 23, 25; relations with the union, 92; form of government, 93-98; interstate relations, 98-100 ; powers, loo, 134; limitations on, 101. Suabian League, 39. Sumter, Fort, attack on, 61. Supreme Court, see also judiciary; genesis in United States, 57. Swiss confederations, Old Confederation, 45-47; conditions of, 62; duration, 63; compared with ^tolian League, 32; compared with United States Confedera- tion, 55; cities ceased to be units, 50; early dependent territory, 14; effect of French invasion, 23; Helvetic Republic (1798), 63; Act of Mediation (1803), 63; Constitution of 1815, 64; neutrality guaranteed, 13; Constitution of 1848, 65; Constitution of 1874, 66. Switzerland as a federation, see also Table of Contents, viii-x; bibliography, 185-187; federal conditions, 21-23, 62; history and constitution, 45-47, 62-67; formation of constitution, 89-91; list of articles of constitution, 176; text of con- stitution, App. A, 85-174; form of the government, 103-133; transition from Staatenbund to Bundesstaat, 21, 22, 56; states and their relations, 92-102; powers of government, 134-174. TASMANIA, colony of, relation to Aus- tralian federation, 78. Taxes, federal, 149-153. Telegraphs, power over, 161. Territories, dependent on a federation, 14, 46. Territory, powers over, 135-137- Teutonic race, aptitude for federal govern- ment, 23. Texas, wrested from Mexico, 82. Texts, of federal constitutions, bibliogra- phy, 178; of Canada, Germany, Switzer- land, and the United States, classified, App. A, 85-174. Thebes, head of Boeotian League, 33; rising against Sparta, 31; hegemony of Greece, 31. Theory of ^federal government, bibliogra- phy, 179; discussion, ch. i, 11-26. Thirty Years War, effect on Hansa, 41 ; on Holy Roman Empire, 44. Treaties, as bases of federation, 15, 17, 19. Triple Alliance, a political league, 16. Turkey, vassal states of, 13. T TNIONS, see also confederations, fed- U eral constitutions, leagues ; non-federal combinations of states, 12; conjunctive, 14; "real," 15; personal, 14; incorpo- rate, 15; commercial, 16. United Colonies of New England, 51-52. United Netherlands, federal conditions, 23, 49; history and constitution, 47-48; con- stitution inadequate, 57; hegemony of Holland, 30; dependent territories, 14; effect on New England confederation, 51 ; relations of colonies to English colonies, 51, 52; compared with German Confederation of 1815, 70; with the Confederation of the United States, 55. United States of America as a federa- tion, see also Table of Contents, viii-x; bibliography, 181-185; federal condi- tions, 23-24; history and constitution, 49-60; formation of the constitution, 57, 89-91 ; list of articles of the constitution, 177; text of the constitution, App. A, 85-174; form of the government, 103- 133; novel federal features, 50, 57; transition from Staatenbund to Bundes- staat, 21, 22; effect of the Civil War, 59, 62; states and their relations, 92- 102; small units, 22; policy toward the territories, 14; Indian policy, 14; powers of government, 134-174; compared with 1 United Netherlands, 47; with New Eng- land Confederation, 52; with Switzer- land, 62; with Canada, 76; with Ger- many, 75 ; effect on Switzerland, 62. United States of Colombia, 85-86. 200 Federal Government : Index. VENEZUELA, history and constitution, 83- Venice, a territorial state, 50. Vienna, Congress of, influence on Swiss federation, 64; on German federation, 70. Virginia and Kentucky Resolutions (1798- 99), 17, 60. WAR powers, 167-171. Washington, George, influence on United States federation, 59. Wetterau, League of, 39. William I, German Emperor, 75. William III of England, plan of colonial union, 53. Wurtemberg, created a kingdom by Na- poleon, 68. yOLLVEREIN, German, a league, 16; LJ influence of the Hansa on, 41 ; history and constitution, 71-72; South German states added, 72-73. t> 14 DAY USE DESK FROM 14 DAY USE RETURN TO DESK FROM WHICH BORROWED LOAN DEPT. This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. Tffr I LIBRARY ' J ftECEIVEO RECEIVED 4Jc DEPT, UUL 1 2 19W LD 2 1 A-60/H-2 JfiJ, General Library TION DEPT. University of Calif orni U.C. BERKELEY LIBRARIE IAOJ 3MOH