6. Federal legislation to be extended over the subjects of commercial law, contracts, marriage, domicile, the keeping of the registers of the stat-civil, prosecutions for debts, and bankruptcies.

7. When 50,000 electors demand a modification or the repeal of an existing law, or that a new law be enacted, on a specified subject, the two houses of the legislative body, if they approve of the demand, are to prepare a bill in conformity therewith, and submit it to a vote of the people and of the cantons. If the two houses do not approve of the demand, this is to be submitted to a vote of the people and of the cantons, and if a majority of the people and of the cantons approve of the demand, it will be the duty of the legislative body to frame a bill in conformance therewith, and submit such bill to a vote of the people and of the cantons.

The principle of the last-mentioned amendment has been incorporated in the constitution of the canton of Zurich. It is called "popular initiative." The proposition to include it in the federal constitution proceeds from the committee of the national council, and is not concurred in by the committee of the council of states. The principle, however, is very favorably regarded in Switzerland, and it is not unlikely to prevail if any considerable portion of the projected plans for a revision prevail. The committee of the council of states, while rejecting the "popular initiative," propose that laws involving an expenditure of more than one million of francs shall be submitted to a vote of the people and of the cantons, when the two houses of the legislative body so decree, or when, within three months after the publication of such a law, five cantons, or 50,000 electors, shall ask for such submission.

The demand for a revision appears to proceed chiefly from the politi cal and commercial classes of the population. The latter, especially, are urgent in calling for a unification of the laws regulating contracts, the collection of debts, &c., great inconvenience and injustice frequently resulting from the conflicting systems which at present prevail in the several cantons. At the same time, the agricultural and laboring classes seem indifferent, or to take very little interest in the subject. Again, many persons, who would otherwise look with favor upon propositions for giving increased authority to the central government, in view of the peculiar circumstances in which Switzerland is placed, the progress made under the established order of things, and the present very satisfactory condition of the country, both in its internal and external relations, deem it unwise to enter upon new experiments. The primitive cantons, the French cantons, and the Catholic element of the population are also pronounced in their opposition to the general scope of the revision projects. Conservatives of all shades shrink from giving any occasion for disturbing the harmony now prevailing between the different sections of the confederation, and fear that such might be the consequence of any considerable centralization of the government. Three different races of people, each speaking a different language, are comprised in the population of Switzerland. Of these, the German-speaking portion is largely predominant in numbers, and can at will wield the federal authority as it chooses. Thus every increase of the federal power would give increased ascendency to the German-speaking element of the people, and would afford additional pretexts, if not just grounds, for apprehensions and jealousies on the part of the French and Italian cantons.

It is not improbable that the Federal Assembly, notwithstanding some serious differences of opinion on the subject between the two houses, will be able to harmonize upon a project of revision; but it is still a matter of considerable doubt whether, in case sufficient interest is awak

ened to call out a full vote of the electors, the result of their deliberations will secure a popular approval.

I am, sir, &c.,

No. 394.

HORACE RUBLEE.

No. 54.]

Mr. Rublee to Mr. Fish.

[Extract.]

LEGATION OF THE UNITED STATES, Berne, July 24, 1871. (Received August 9.) SIR: The summer session of the Federal Assembly of Switzerland closed on Saturday the 22d instant. After considerable discussion, and several disagreeing votes, the two houses finally coincided in postponing the consideration of the report on the proposed revision of the federal constitution to a special session, which will be convened for the purpose on the 6th day of November next.

The summer session was mainly devoted to the consideration of measures of a purely local interest.

Recent events in Europe have caused increased attention to be given to the promotion of the efficiency of the army, and credits to the amount of seven and a half millions of francs were voted for the purpose of improving the arms now on hand, for the manufacture of additional supplies, and for the new arming of the Landwehr with repeater-guns.

By the same post with this dispatch, I forward printed copies, in du plicate, of a message of the Federal Council to the Federal Assembly concerning the new armament of the Landwehr and the creation of a reserve of guns, and a message of the Federal Council to the Federal As sembly concerning the transformation of the cannon of the light artil lery into rifled breech-loading guns and the increase of field batteries. These documents contain some interesting details respecting the armament of Swiss forces, and recent improvements in artillery and fire

arms.

A discussion of some importance occurred in the council of states, on the day preceding the final adjournment, upon a motion by Mr. Carl Vogt inviting the Federal Council to take the initiative in calling an international conference for the purpose of establishing definitive rules in regard to the rights and duties of neutrals. The author of the motion remarked that at present the same rules did not apply alike to different powers. There was one law for the weak and another for the strong In illustration of this assertion, he averred that during the recent war between France and Germany, the United States and England had per mitted an extensive traffic in arms and munitions of war, while Switzerland and Belgium felt constrained to prohibit such exportations. The interuement of the French Army of the East had imposed heavy sacr fices; a powerful state, he said, would have disarmed the forces and sent them back into their own country. The Geneva convention for the aid of the sick and wounded, in time of war, established certain rules respecting neutrals; why not, in like manner, establish a code for the conduct of neutrals in other respects? Referring to the rece treaty between the United States and Great Britain, the speaker said a proposed to settle the Alabama question by agreeing upon certain pra

ciples of international law as binding upon neutrals, and was a step in the same direction with the measure which he proposed.

The President of the confederation, Dr. Schenk, in reply, opposed the motion chiefly as impracticable and likely to lead to no result. Conceding, however, that the several powers gave their consent, and a conference was held, there would exist such a diversity of views and interests that it was hardly possible that they could be reconciled. He also referred to the difficulty of enforcing an international code, and the probability that it would be disregarded, at their convenience, by the great powers, if once adopted. He accordingly regarded the advantages that might be anticipated from such a conference as illusory.

After considerable discussion pro aud con, the motion was modified so as merely to invite the Federal Council to inquire whether it may not be possible by international action to define and establish the rights and duties of neutrals, and to prepare a report upon the subject. In this form the motion was adopted by a large majority.

Berne, August 3, 1871. (Received August 21.) SIR: I have the honor to acknowledge the receipt of your dispatch No. 50, transmitting the draught of a note to be presented by me to the government of the Swiss Confederation, requesting that the President of that confederation will be pleased to appoint an arbitrator to form, with the arbitrators to be named by the President of the United States, by Her Britannic Majesty, by His Majesty the King of Italy, and by His Majesty the Emperor of Brazil, the tribunal of arbitration to which, in pursuance of the first article of the treaty signed at Washington on the 8th of May, the United States and Her Britannic Majesty have agreed that all claims growing out of the acts committed by the several vessels which have given rise to the claims generically known as the "Alabama claims" shall be referred.

In conformity with the instructions contained in your dispatch, I arranged with Mr. Bonar, the British minister here, for the simultaneous presentation of our respective notes on the subject, which, together with copies of the treaty, were accordingly placed to-day in the hands of the President of the Swiss Confederation, who is ex-officio minister for foreign affairs. A copy of my note is herewith transmitted.

In a subsequent conversation with the President, in which he again signified his consent to name an arbitrator, as requested, I took occasion to draw his attention to the final clause of Article I of the treaty, which relates to the period within which it is desired that the nomination may be made. The President, in reply, remarked that he hoped to be able to name an arbitrator within a much shorter period. *

I am, &c.,

**

HORACE RUBLEE.

LEGATION OF THE UNITED STATES,
Berne, August 3, 1871.

His Excellency Dr. KARL SCHENK,

President of the Swiss Confederation: Differences having arisen between the Government of the United States and the government of Her Britannic Majesty, growing out of the acts committed by the several vessels which have given rise to the claims generically known as the “Alabama claims," the high contracting parties, in order to remove and adjust all complaints and claims on the part of the United States, and to provide for the speedy settlement of such claims, have agreed, by the first article of a treaty signed at Washington on the 8th day of May, 1871, of which a copy is annexed, to refer all the said claims growing out of acts committed by the aforesaid vessels, and generically known as the “Alabama claims," to a tribunal of arbitration, to be composed of five arbitrators, to be appointed in the following manner; that is to say: One shall be named by the President of the United States; one shall be named by Her Britannic Majesty; His Majesty the King of Italy shall be requested to name one; the President of the Swiss Confederation shall be requested to name one; and His Majesty the Emperor of Brazil shali be requested to name one.

The high contracting parties, therefore, reposing entire confidence in the spirit of justice and impartiality which distinguish the President of the Swiss Confederation, the common friend of the two states, have agreed, in pursuance of the said treaty, to address themselves severally to the President of that confederation, and to request him to be pleased to appoint an arbitrator, to form, with the arbitrators to be named by the other powers above named, the tribunal of arbitration to which the reference agreed upon in the first article of the treaty shall be made.

The undersigned, minister resident of the United States accredited to the Swiss Confederation, having received the orders of his Government to communicate to the President of the Swiss Confederation the agreement thus made on the part of the United States, has been further charged to express the earnest desire of the President of the United States that the President of the Swiss republic will be willing to afford his good offices on the present occasion, and will be pleased to appoint an arbitrator to act in the premises.

The undersigned has, therefore, the honor to lay this communication directly before His Excellency the President of the Swiss Confederation, as holding, at the same time, the office of federal councilor for the political department and for foreign affairs, and to request that his excellency may be pleased to make known to the undersigned his determination with regard to the request therein set forth.

The undersigned seizes the occasion to renew to your excellency and to the members of the high Federal Council the assurance of his highest consideration.

HORACE RUBLEE.

No. 60.]

No. 396.

Mr. Rublee to Mr. Fish.

LEGATION OF THE UNITED STATES,

Berne, August 10, 1871. (Received August 28.)

SIR: Up to the 9th instant, the government of France had reimbursed to the government of Switzerland five millions of francs on account of the expenditures of the latter consequent upon the internement of the French Army of the East. The aggregate expenditure of Switzerland in the transaction is placed at eleven millions of francs. The announce ment is made that an arrangement has been effected between the two governments, in pursuance of which France is to pay to Switzerland. after the 15th of the present month, the sum of one million of franes every fifteen days until the claim of the latter is satisfied. At the same time, France reclaims the material of war which was surrendered with the Army of the East, and the Federal Council has given orders for its immediate delivery.

An extradition case is pending at Geneva, which excites considerable interest in diplomatic circles here. On the 17th ultimo, one M. Razona who is alleged to have held a commission under the communal gover

ment of Paris, and to have had charge of the concern known as the Ecole Militaire during the reign of the commune, was arrested at Geneva, upon the demand of the French government. Among the charges brought against him, and upon which his extradition is asked, the one most relied on, I believe, is that which accuses him of having pillaged the Ecole Militaire. He remains in confinement at Geneva, awaiting the production of satisfactory evidence, on the part of the French government, that he is guilty of offenses which, under the existing extradition treaty between Switzerland and France, will justify his delivery to the French authorities. Meanwhile, the "Association politique ouvrière nationale," of Geneva, has addressed a long petition in his behalf to the Federal Council, demanding a vigilant maintenance of the right of asylum for persons guilty only of political offenses, and strenuously urging the title of the communist authorities of Paris to be recognized and treated as belligerents in their struggle with the Versailles government. I am, &c.,

HORACE RUBLEE.

No. 61.]

No. 397.

Mr. Rublee to Mr. Fish.

LEGATION OF THE UNITED STATES,

Berne, August 12, 1871. (Received August 29.) SIR: I have the honor to transmit herewith a copy of a note from Mr. Schenk, the President of the Swiss Confederation, in which he formally announces that, in compliance with the joint request of the governments of the United States and Great Britain, he will name a member of the tribunal of arbitration for the settlement of the "Alabama claims," in accordance with the provisions of the treaty of Washington, concluded on the 8th of May, A. D. 1871.

I am, &c.,

HORACE RUBLEE.

BERNE, August 9, 1871.

The President of the Swiss Confederation to Mr. Rublee.

The undersigned has had the honor to receive the note dated the 3d instant, addressed to him by the minister resident of the United States of America, by which Mr. Rublee informs him that the United States Government and the government of Great Britain have agreed, by the treaty of Washington of the 8th May, 1871, that the claim of the United States against England arising from the war of North America, and known under the name of the "Alabama question," be regulated by a "tribunal of international arbitrators," upon the basis of the dispositions of said treaty.

In conformity with article 1st of the treaty, the tribunal shall consist of five members, of which two shall be named by His Excellency the President of the United States and Her Majesty the Queen of England, and three others by His Majesty the King of Italy, the President of the Swiss Confederation, and His Majesty the Emperor of Brazil.

In transmitting the acts relative to this case to the undersigned, Mr. Minister Resident of the United States of America has expressed the desire of his high government that he may undertake to choose one of the arbitrators.

Thanking Mr. Rublee for this communication, the undersigned has the honor to inform him that he has immediately acquainted the Federal Council of the honorable mission intrusted to Switzerland by two high governments with which it is, by ties of friendship, so intimately connected, and that the council has, with pleasure, expressed its readiness to contribute to a work of reconciliation that answers so well to the dignity of two contracting nations, and to the principles of modern civilization.