The Sun.
London, England, 1857-01-01 00:00:00

REPORT OP THE FEDERAL COUNCIL OF
SWITZERLAINrD ON THE AFFAIR OF NEUF-
CHATEL.

(Conttnuc front The Sun of yesterday )

We shall now, ie ontiouing our report, Mr. President
and gentlemen of the Fe;eral Assembly, communicate
to you the definitive result of the negotiations attempted
at Paris, after informing you that General Dufour had
in the meantime returned from his mission.
The French legation transmitted to us a note from the
Minister of Foreign Affairs, dated 26th Nov., in which
the friendly disposition of the Emperor towards the
Confederation was once more confirmed, but in which,
also, the demand for the release of the Neuchatel pri-
soners was repeated, and with still greater urgency.
If, added the note, the Federal Assembly, relying on
its sovereignty, would comply with that desire, and
would pronounce the release of the prisoners, the Empe•
ror would be ready to employ all his efforts to smooth
over the difference which bad arisen on the subject of
Neuchatel, and induce the King of Prussia to renounce
the rights which treaties had recognised that he pos-
ses-ed over the principality of Neuchatel and the conte
of Valangin. The measures thus recommended to
Switzerland would be, in the opinion of the Imperial
Cabinet, a proof of friendly condescension, and would
contain nothing which could lessen the dignity of the
Confederation. The details of the arrangement would,
in the opinion of that Cabinet, he easy to determine, and
it would not be difficult to reconcile the settlement of the
dispute with the interests of the two parties.
Before mentioning our reply to the French note of the
26th November, we must make you acquainted with an
extract from a despatch addressed on the 25th of Nov.
by Lurd Clarendon to the English Minister at Berne,
and which will prove to you still more positively that
the English Government thought fit to assume an atti-
tude which was essentially different from that of the
French Government.
The English envoy was instructed to inform the Presi-
dent of the Confederation that her Majesty's Government
however great was its desire to contribute by every means
in its power towards procuring an amicable settlement of
the Neuchatel question, nevertheless did not think it
right to acquiesce in the bases of negotiations that had
been proposed at Paris, because those bases appeared to
imply a knowledge of the intentions of the King of Prus-
sia not possessed by her Majesty's Government, and this
circumspection in the decision of her Majesty's Govern•
ment was dictated by the motive that Switzerland ap-
peared to suppose that the King of Prussia would re-
nounce his rights on Neuchatel in case the prisoners
shonld be amnestied. If the Government of her Ma-
jesty had contributed to create a similar inference in the
minds of the Federal Council, it would have done a thing
it was not authorised to do, as it had not received from
the Prussian Government any communication to justify
such an instance, and was completely ignorant of the
future intentions of the King of Prussia. The Govern-
ne-eit of her Britannic Majesty was far from wishing to
affirm that the liberation of the prisoners might not
simplify the solution of this affair, or that the King of
Prussia would not be bound to satisfy the wishes of the
Federal Government ; but, on the other band, her Ma-
jesty's Government could not take any engagement or
give any assurance that this was really the case. Should,
however, the Federal Government, on considering
the circumstances, suddenly decide upon liberating the
prisoners without a trial, the Government of her Ma-
jesty, in common with the French Government, would
take steps to induce the King of Prussia to put an
end to the Neuchatel dispute according to the desire
of the Swiss Confederation, and to recognise the inde-
pendence of the canton of Neuchatel. Nevertheless,
her Majesty's government felt it its duty to declare as well
to the Confederation as to the Federal government, that
it could not guarantee the success of its measures, and
that it had not as yet any ground to form an assurance
as regards the result of its good offices. As regards the
proposition of the Federal Council, that in case of a re-
fusal on the part of the King of Prussia to accept this
arrangement, the British government should withdraw
its adhesion to the London protocol, her Majesty's
Government could not yet give a reply, and the Federal
Government must consider that the protocol is binding
upon the powers that signed it.

Oa tha s+:l of December we cbarzed our minister at
Paris to acidre6s the Count Walewski, in reply to the
note of the 28th November, a communication, of which
the following is a summary :

We are grateful to his Majesty the Emperor of the
French for the friendly and benevolent disposition which
he expressed towards Switzerland, and we particularly
thank his Majesty for having been pleased to tender us
his good offices to obtain a pacific settlement of the
Neuchatel dispute.
We regret the more that we are not able to comply
with the renewed invitation which the imperial govern-
ment has made us to release the prisoners. The con-
siderations, however, by which we are herein actuated
are of such a nature that the imperial government itself
will nct refuse duly to appreciate them.
The demand of a preliminary and unconditional re-
lease of the prisoners can only be founded upsn the sup
position that they have not rendered themselves guilty
of any crime ; that the Confederation is in the wrong
with regard to them, and that all the right is on the side
of the King of Prussia.

The Confederation, however, could by no means agree
to such a proposition ; it could not admit that its posi-
tion with regard to the insurgents of the 3d September
is founded only upon existing facts, and not also upon
well-established facts.

Without wishing to discuss in detail the Neuchatel
question in a legal point of view, we may observe that,
by the act of the Congress of Vienna, the canton of Neu-
eatel was reunited to Switzerland, and that by the spe-
cial acte d'accession executed between that canton and
the Swiss Confederation, that canton was, in its relation
with the Confederation, completely released from any
princes residing out of the country, seeing that the par-
ticipation of the canton in the federal affairs, its vote in
the Diet, and in general all its relations with the Con-
federation, depended solely upon the government resi-
dent at Neuchatel. The canton of Neuchatel has ad-
hered to all the dispositions made by the Federal pact,
even to those which provided that thera should no longer
be in Switz,r:and any territory in a state of subjection,
and that the government could not be a privilege in the
hands of any persons or anyelass of the citizens.
The Prince of Neuchatel also has expressly authorised
the eonc:uding of this acte d'acccssion, and the consequent
emancipation of the canton. The canton of Neuchatel
has continue i to occupy the same position in regard to
the Confederation that all the other cantons of Switz:r
land occupy, and it has voted, together with them, in
favour of the principle proclaimed by the Diet on the
27th Nov., 1830, which bestowed upon every canton the
right freely to give itself a constAntion,
Resting upon these treaties, and upon the acts as well as
upon the development of the constitutional relations which
are the resat of them, the rights of sovereignty belonging
to the Confederation are quite as well founded in refer-
ence to the canton of Neuchatel as they are in reference
to any other canton. The Confederation has a right,
and it is its duty, to guarantee the constitutions of the
cant.-ine, and to provide for the maintenance of good
order throughout all the territory of the Confederation.
The canton of Neuchatel, like every other, is subject to
these principles.

If gwitzeiland were to obey the demand of the prelimi-
nary and unconditional release of the prisoners, that act
would amount to a renunciation of her constitutional
position with regard to the canton of Neuchatel and of
the exercise of the rights of sovereignty which belong to
the Confederation.' Such an act cannot be required of
any state the independence of which is acknowledged.
It cannot be expected that Switzerland will submit to
such a demand, even under the hypothesis that the King
of Prussia is still in possession of his rights to Neucha-
tel ; for it must, even in that case, be allowed that Swit-
zerland too has some important rights to be defended,
a-4 well as the Prince of Neuchatel. And it would be
mistaking altogether the legal position of the two par-
ties, to pretend that Switzerland should renounce her
rights, without any simultaneous concession being mani-
fested on the other side.

' We fury appreciate the assurance which the Imperial
government offers us, in case of Switzerland deciding to
release the prisoners. But we cannot avoid the convic-
tion that, although we have expressed ourselves in all
sincerity upon the detailed conditions of an eventful
arrangement, it has not been so on the side of the King
of Prussia, who has seemed to practise the greatest re-
serve, even towards the Imperial Government, in this
respect. We are, consequently, warranted in raising
some doubts about the real intentions of the King, and
we might justly feel some apprehension lest any defini-
tive arran,ement should fall to the ground in the pre-
sence of the conditions which the King might attach to
the renunciation of his claim.
greater degree of confidence in the assurance given
to u 5 by the King would only be possible in case the
Emperor of the French were informed of the conditions
which the King designs to lay down, and if lie were
able to dec'are to us that those conditions are no way
incompatible with the complete independence of Neu-
chatel.

In any case, we were obliged to regard it as doubtful
that the Emperor Was aware of those conditions, and
Switzerland must insist the rather upon some positive
assurances in that respect, because the King's circular
to the German states, and the -speech which the King
i:ttely delivered, exhibit a tendency directly opposed to
the claims of Switzerland.

Tile liberation of the pi isoners has been recommended
to us also a; an act of generosity. But apart from the
consideration that there exists no particular motive for
exercising generosity instead of leaving justice to take
its course, their liberation would, under the circum-
stances, appear in the eyes of all the world, not as an
act of generosity, but as an act of weakness.

Lastly, there remains this consideration, that the libe-
ration of the prisoners without any reserve would cause
serious detriment to one of the fundamental political
principles of the organisation of Switzerland, namely,
that all, whether they be rich or poor, of high or low

degree, are equal in the sight of the law, of equity and
justice.

We beg you, gentlemen, to cast a glance at the signi
ficant declaration which we have authorised our Minister
at Paris to make to the Impsrial Government, and to
keep in view the following points :
The King of Prussia has intimated, it is true; that he
would be ready to enter into negotiations as soon as
Switzerland should have pronounced the release of the
prisoners; but he has not said a word of the bases upon
which the negotiations would rest, nor of the conditions
upon which he might make the renunciation of his pre-
tended rights depend.
We did not insist upon that matter, and we have
ceased for a long time to demand that those conditions
should be directly communicated to ourselves ; we should
have declared ourselves satisfied if the Emperor of the
French had been informed of the conditions. We went
one step farther, and we did not even ask that the Em-
peror of the French should communicate to us the condi-

tiovs that might have been laid down ; it was enough for
n-3 that the Emperor should give us his assurance that
those conditions were compatible with the complete inde-
pendence of Neuchatel, and that they contained nothing
which could impair the honour of Switzerland.
In the presence of these facts, we may appeal to you
gentlemen, and to the whole world, whether we have not
limited ourselves to the very minimum of what must be
required by an independent state which does not wish to

deliver itself over, bound hand and foot, to its adversary.
In the presence of these facts, which have until this day
been veiled in diplomatic secrecy, we are not afraid to
ask you, and to ask the world, whether the reproach can
be made to us of having acted with obstinacy, and hav-
ing remained inaccessible to good advice ; or whether we
have not rather afforded, by our concessions, a complete
proof that we desired to show ourselves disposed to
enter into an amicable settlement, if only such a thing
were possible without impairing the honour and the
rights of the Confederation?

But we did not even stop there, and we made yet
another effort with a view to bring about an amicable
settlement of the dispute.
Under data of Dec. 10 we wrote to our minister at
Paris that the Neuchatel question had now arrived at
a point where means might be tried to ascertain
whether a settlement could be obtained by the method
of direct negotiations between Switzerland and the
King of Prussia ; and the more so since there ap-
peared to be no repugnance felt in high quarters at
Berlin to entering into an arrangement. It will have
been foreseen that the proceedings of the trial cannot
commence earlier than the middle of January, so that a
compromise would still be practicable. When once the
public pleadings bad been closed, and the verdict de-
livered, the interval which separates the two parties from
each other would be much wider, and direct negotia-
tions would be more difficult to take up.
But the sending of an envoy or delegate on our part
to Berlin would have constituted an act of condescension
so important, that we eould not resolve to do so until
we were informed, officially at least, of the King's inten-
tions with regard to the reception ti hich might be reser-
ved for our envoy, and with regard to the basis of the
deliberations,
We charged our minister to communicate confiden-
tially to the Prussian ambassador resident at Paris, that
we, for our part, were disposed to enter directly into
negotiations in which we should have for our object the
recognition of the independence of Neuchatel. If the
King were disposed to listen to the overtures of that
purport, we would send, in case his Majesty desired it,
a delegate to treat with him officially upon the subject.
As early as Dec. 14, our minister at Paris sent us word
that the Prussian envoy had declared to him that it was
impossible for him to anticipate a communication from
the Swiss government, bet that he would, neverthe•
less, make private inquiries at Berlin as to whether
there was a disposition to take advantage of the time,
before the trial should commence, to procure an arrange-
ment between the two parties. Our minister has not
received any further answer from Count Hatzfeld on the
subject. On the contrary, the envoy of another Power
has been enabled to give us a definitive declaration,
to the effect that a delegation from Switzerland would
be received at Berlin, but only after the release of
the prisoners should have taken place, a declaration
which agreed entirely with another communication which
has reached us through a private channel, and without
any steps having been taken by us to obtain it.
Such was the situation of affairs when the envoy ex-
traordinary and minister plenipotentiary of Prussia to
the Swiss Confederation, M. de Sydow, announced, by a
note dated, from Sigmaingen, on the 16th December,
that he had received orders from his sovereign to termi•
nate his official relations with the Federal authorities,
Simultanecusly with this communication, the chancery
of the legation at Berne suspended its official functions.
The moment seemed to have arrived for convoking the
Federal Assembly, and consigning the question to its
ultimate decision.
We will here call to mind that in order to elucidate
every part of the question, we have caused a memoir to
be drawn up, which discusses thoroughly the historical
and judicial considerations that should serve as a basis

for the full appreciation of this subject. This memoir
has been communicated to all the governments of Europe,
and also to the cabinet of Washington ; and we have en-
deavoured to make it as public as possible, at home and
abroad. The memoir will also be communicated to you,
and, not to repeat what has often been said already, we
take the liberty of referring you particularly to the last
chapter, in which the legal point of view from which we
started is explained in detail.
Permit ns, gentlemen, to direct your attention to
another point, which must already have seriously en-
gaged your attention,—we mean the military prepara-
tions.

Prudence required us to be upon our guard. Our mili-
tary department had already laboured, though in si-
lence, to complete the military force of Switzerland, so
that they could be rendered available at the first sum-
mons from the authorities. The cantons were invited
to fill up such vacancies as might exist, and to complete
the organisation of the troops. A certain number of
superior staff-officers were summoned to the Federal
city, that they might, as a council of war, assist our
military department. A distribution of the Federal
army, the plan of which had been prepared, was ap-
proved of by us. By degrees, the situation of affairs
assumed a graver and more threatening aspect. Not
only did the public journals, especially the German
journals, announce that Prussia contemplated a hostile
demonstration against Switzerland, but it was also offici-
ally communicated to us that Prussia had actually
mobilised, or would mobilise forthwith two army corps,
and that she was negotiating with the Southern States
of Germany for the passage of her troops. Serious warn-
ings reached us from various quarters, by which we were
given to understand that the mobilisation of the Pros.
sian forces was appointed for the beginning of January
next.

We could not but feel convinced that Prussia attached
great importance to securing the success of the inter-
vention before the trial. We were compelled, more-
over, to admit that Prussia wouid send an army corps
to our frontier by the time the Federal Assembly was to
meet, and that she would do thin for the purpose of ex-
ercising an influence which for us was quite inadmissible
over the deliberations of the Federal authorities.

We know, finally, that there always has been, and stil

is, a question whether Prussia has an intention of seizing
as a pledge some of the most advanced points of the
Swiss territory ; we could not therefore wait for a dec'a•
ration of war to be addressed to us, and we were boun'i
to take measures, so as to be able to repel an attack.
Knowing with what rapidity an army might be trans-
ported, from the most distant point to our frontiers,
thanks to the rap;cl means of communication, we were
bound to consider the danger as imminent, and we
thought we could not delay making preparations on a
vast scale, as we did not wish to take upon ourselves an
immense responsibility, that of having allowed ourselves
to be surprised by events, and of having put it out of the
power of the country to make an efficacious resistance in
defence of its dearest interests. In consequence, under
date of Dec. 18, we invited the high Federal states to
place the Federal army of the elite, and likewise the re-
serve and the militia (landwehr) on such a footing, that
their services might be immediately employed in the
cause of their country, and to fill up instantly whatever
vacancies or deficiencies might exist in the ranks nr in
the equipments of the troops. On Dac. 19 we invited
the cantonal governments, moreover, to complete their
contingents without delay, and prepare to supply, at the
first summons their quota of horses in sound condition.
Lastly, on the 20th December, we informed the cantons
that in order to be ready for any eventuality, and not
to alow ourselves to be surprised by events, we had
or,lered two divisions to be called out for the field. Tnese
divisions are the 3d, placed under the command of the
Federal Col. Bourpeois•Doxat, and the sth, commanded
by Federal Col. Ziegler.
Our military department was charged to assemble to-
gether the corps of these divisions, forming part of the
Federal active army ; this order will shortly have re.
ceived its execution.

On the same day (Dec. 20) the States were invited
to call out immediately all the troops belonging to the
active army and the Federal reserve, in order that this
force might be rendered available, in case the country
should require it. Since then we have also ordered the
staffs of the Ist, 2d, 4th, 6th, and Bth divisions to be
raised to their full complements.
It is not without deep satisfaction that we inform you
of all these arrangements having been received by the
cantonal governments and the people with the enthusi-
asm that might have been expected from the generous
patriotism of the Swiss nation. We have received the
most unequivocal and touching proofs of civic devoted •
ness and self•denial ; young men, as well as those of a
riper age, show themselves equally ready to respond to
their country's appeal. The same enthusiasm has taken
hold of all classes of the population, and from all parts of
the country we have received those marks of sympathy
which prove how the seriousness of the crisis is appre-
ciated, and that the Confederation can depend upon
being sustained by ardent hearts and by vigorous arms.
Many of our military veterans have placed themselves at
our disposal with laudable eagerness ; the students of
the universities and academies request to be organised,
and demand that they may be allowed to share the
fatigues and dangers of the Federal army.

The Swiss people comprehends that the hour of trial
is Approaching. It sees the moment draw near with
calmness, but without provocation ; and in this its atti-
tude, so full of dignity, we behold a manifestation really
imposing. The Swiss recognise their Providential des-

tination ; they know their liberty is at stake, their right
to a free constitution, perhaps their very existence ; and
in order to preserve these precious rights, to defend this
their ancestral inheritance, they are ready to offer any
sacrifice on the altar of their country.
As soon as it was known that the Federal Council had
made serious preparations, and that several cantons bad
taken analogous measures, which testified irrefragably
the firm• resolution of the people, diplomacy made fresh
propositions, which brought into view the possibility of
attaining
Ah
te a pacific solution.
resident ministers at Berno seat to us on the