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In the Sonderbund War of 1847, the liberal cantons defeated the conservatives.
Danny SmurfEditor Sunday view
The federal letter from the beginning of August 1291 is genuine. It is, however, a simple peace alliance between Uri, Schwyz and Nidwalden – a “confederation” of the kind that existed at the time. It was not until the 15th century that a broad network of alliances formed around the Waldstätte, Lucerne, Zurich and Bern in what is now Switzerland.
But not all places are directly linked to each other and they also ally themselves with others. In changing alliances they wage wars, fight over religion, export cheese, Calvinism and mercenaries. Until 1798 there was no federal treaty covering all cantons together. Only after the French invasion did the alliance receive a constitution and become the Helvetic Republic.
Napoleon must arbitrate
But the enlightened unitary state did not last long. No sooner had the foreign troops left than civil war broke out. Napoleon has to mediate and pulls the nerves of the Swiss central authority with the mediation constitution of 1803.
After Napoleon’s fall, the cantons signed a federal treaty of sovereign small states in 1815 and had the status of a neutral buffer zone confirmed by the major European powers. In fact, they no longer wage wars against foreign powers. Instead, in 1847, they start another civil war.
It is a conflict between Catholic-conservative cantons, who are defending their independence, and their liberal opponents, who want to turn the loose confederation of states into a federal state. Confessional differences fuel the dispute: when Aargau dissolves the monasteries in 1841 and thus breaks the federal treaty of 1815, Catholic Lucerne reacts by recalling the Jesuit order – the polarizing embodiment of the Counter-Reformation.
Civil War 1847
Radical volunteers then attacked the people of Lucerne, who finally joined forces with the other conservative Catholic cantons of Uri, Schwyz, Unterwalden, Zug, Freiburg and Valais to form a “protective society”. For their liberal opponents, however, this is a “special alliance” that violates the federal treaty. In November 1847 civil war broke out, which the liberal troops under General Henri Dufour won after 27 days.
The victors enforce the state. In a referendum, a majority of the cantons say yes to the federal constitution. On September 12, 1848, the Diet declared the new constitution to be accepted. Article 42 states: “Every citizen of the canton is a Swiss citizen.”
From then on, the people send representatives to the National Council and Council of States, following the American example. The United Federal Assembly elects the seven Federal Councilors – until 1891 they were all liberals. You are responsible for defending Switzerland’s interests against the outside world. The cantons, on the other hand, retain central competencies such as taxes, schools, the police and transport. The federalism that the Sonderbund fought for also plays a central role in the new federal state.
Only two total revisions of the constitution since 1848
The constitution contains within itself the possibility of change. It therefore remains changeable and has only been completely revised twice to date, in 1874 and 1999. But this people is not a homogeneous actor – neither ethnic nor linguistic-cultural. That is why the republic defines itself in the midst of monarchies as a “nation of the will”. Their relatives gather around a unifying original legend from the 15th century, which a German retells for them: Friedrich Schiller’s play “William Tell”, which premiered in 1804, made the myth of the brave Alpine hunter and the Rütli oath of 1291 world-famous.
Particularly important for the young nation-state, which is trying to involve the conservative losers of the war: According to legend, Switzerland emerged from a fight between free farmers against Habsburg oppressors – and not from a civil war. That is why in 1891, when Josef Zemp, the first Catholic-conservative Federal Councilor, moved into Bern, September 12th was not declared a national holiday, but August 1st. From now on, the central code for Switzerland is 1291.
1848 marks the birth of democratic Switzerland
But historically, 1848 is the crucial year. It marks the birth of the democratic Swiss constitutional state – and of modern federalism, which gives the cantons a strong role alongside the central authority. Switzerland still benefits from this shared sovereignty in the federal state, even if things don’t always go smoothly in crisis situations.
In 2023, the country will ask itself whether this recipe could not also work at a higher level: How much power do the Confederates want to give to the EU in order to continue to benefit from the European internal market? Does the idea of shared sovereignty also promise an opportunity internationally – or will Switzerland fare better if it chooses to go it alone like William Tell?