The Sun.
London, England, 1861-12-09 00:00:00

FRANCE AND SWITZERLAND.

The following, being the text of the correspon-
dence between the French Government and the
FredQral Council on the violation of Swiss territory
in the Valley of the Dappes, has been received :
" NOTE ADDRESSED BY THE FEDERAL COUNCIL TO THE
SWISS MINISTER AT PARIS, UNDER DATE OCT. 31, 1861.

" Sir,—We have just been informed by the Coun-
cil of State of the Canton de Vaud that on Sunday,
the 27th October, a strong detachment of French
gendarmes, and some soldiers from the garrison of
Fort de Rousses, armed and under the command of
an officer of gendarmes, have entered the locality of
Cressonnieres Suisse, in Vaud.
" According to the accompanying reports from
the Prefect of Nyon, the first cause of so flagrant a
violation of territory must be sought in the follow-
ing circumstances :
" An individual named Fournier, condemned by
the police tribunal of Nyon, for having maltreated
a woman, escaped the punishment by taking to
flight.
"It appears that the French gendarmes believed
that Fournier was in the Valley of the Dappes, and
that the police of Vaud intended to arrest him there.
At least, the officer of the French gendarmes, hav-
ing seen a corporal of the Vaud gendarmes, who
had hastened from St. Cengues on hearing the ru-
mour of the occupation of Cressonieres Suisses by
an armed French force, asked him if he came to
arrest Fournier.
" This same officer afterwards declared that he
should oppose this arrest, as wall as that of another
individual—viz., the poacher Lamiquique ; seeing
that such acts would infringe upon the rights of so•
vereignty possessed by France over the territory in
question.
"This is not the proper place to enter into long
investigations upon the question of right which, as
is well known, has been thoroughly discussed, and
will, no doubt, be so again at a future period.
" The question of right is besides completely re-
solved as far as concerns Switzerland, and the point
of view taken by her in the matter cannot admit of
any doubt whatever.
" What we have to consider is the flagrant fact of
a violation of Swiss territory, against which we must
charge you to make energetic representations to his
Excellency the Minister for Foreign Affairs.
" You will, therefore, insist on the French armed
force immediately evacuating the village of Cres-
sonnieres Suisses, and retiring within their own
frontier, if this has not already taken place.
" You will, moreover, seek to obtain that fitting
satisfaction be afforded to Switzerland for this
violation of territory, and that measures be
taken with a view to prevent the further
commission of acts of the nature of those which
form the subject of the present note—acts which
can only very greatly and in a lamentable manner
compromise the friendly relations which should
exist between neighbouring States.
" It is to be hoped that the Imperial Minister
will have less difficulty in aceedingito this demand,
because it should equally import to him to avoid
all:that might disturb the good understanding be-
tween the population of the two countries.
" Requesting you to leave a copy of this note
with the Minister, we take this opportunity, &c.,
&c.—ln the name of the Federal Council,

(Signed) " A. M. KNUSEL,
President of the Confederation ;
(Signed) " SCIIIESS,
Chancellor of the Confederation.

" Berne, Oct. 31, 1861."
NOTE FROM THE FRENCH MINISTRY FOR FOREIGN
AFFAIRS TO THE SWISS MINISTER AT PARIS,
DATED NOY. 8. 1861.
(g Monsieur le Ministre,—l hasten to announce
to you, from information furnished to his Exeel-
lency the Minister for War, it results that if mea-
sures have been taken on our frontier ,to prevent
the authorities of the Canton of Vaud proceeding
by force, contrary to the statu quo, to the execu-
tion on the disputed territory of the Valley of the
Dappes of a judgment given by the police tribunal
at Nyon, it is not correct that either the French
gendarmes or soldiers took up a position, even
momentarily, at any point whatever in this canton.

" The statement of General Faucheux is as cate-
gorical as possible, and from it I cannot elicit the
facts which have caused the reclamation of the
Federal Council.—Receive, &c.,

(Signed)

" THOUVENEL,

" Paris, Bth Nov., 1861."
NOTE FROM THE FEDERAL COUNCIL TO THE SWISS
MINISTER AT PARIS, DATED Nov. 23, 1861.

" Sir,—Our despatch of the 31st October has
acquainted you with the violation of territory
which took place on the 27th of the same month,
in the Valley of the Dappes, where some French
soldiers and gendarmes entered the Canton of

Vaud, at Cressonnieres Suisses, with the inten-
tion of opposing an arrest which they supposed had
been made by the Vaud police. We charged you
to demand the satisfaction usual in such cases, and
founded on the law of nations, insisting also that
proper measures should be taken to prevent the
renewal of such lamentable incidents.
" The French Minister has, as you are aware, on
the ground of a report from the commander of the
7th military division, thought proper to assert that
there was no violation of territory, that neither the
locality of Cressonnieres Suisses, nor any point of
the valley, was even momentarily occupied by
French soldiers and gendarmes, the French gen-
darmes having been posted near the frontier in
proximity to the Valley of the Dappes, solely in
order to oppose, should it be necessary, the arrest
before mentioned.

" Such is the statement which has been, at least

in part, modified by the French Government in the
communications since that time. M this assertion

was in flagrant contradiction with the report of

the Swiss Commissioners who, on the 2d November,
repaired to the places in question, where they sub-
mitted the case to a scrupulous inquiry, it becomes
us to be well assured on the subject of such diver-
gent pretensions; and so much the more, because
there was every reason to admit that the com-
mander of the French division had not been duly
informed by his subordinates of the facts of the
case as they really happened. Neither have we
hesitated to again delegate our commissioners, and
they on their second mission presented us with the
report which we have the honour to bring to your
knowledge. _ _

"On comparing the two reports of the Commis-
sioners of the 2d and 13th November, the incidents
of the 27th October may be resumed as follow :
The tribunal of police of the district of Nyon was
called upon on the 24th September, 1861, to pro-
nounce judgment against a certain Jean Fournier,
residing at the Jaquette Suisse, in the Valley of
the Dappes. Fournier was sentenced to 20 days'
imprisonment for having maltreated the widow
Regard and her son. This sentence came into
effect on the 11th October, 1861.

" It appeared that the French gendarmerie, who
had received their instructions, believed that the
execution of the sentence was to take place imme-
diately, and that the arrest of Fournier would con-
sequently be effected forthwith.
"In order to prevent it, a detachment of French
gendarmerie, accompanied by a picket of soldiers
from the garrison of Fort de Rousses, proceeded on
Sunday, the 27th October, to the locality of the
Cressonnieres Suisses, in the Canton Vaud.
" A corporal of the Vaud gendarmes, who had
hastened to the spat on this invasion becoming
known, was questioned by the officer of gendarmes
whoto: hwe tahs
such an
nn eagrarteisvte
eirnheso mh
amaa lie do
moof tt
oh e
arrestw ho l e
Fd eetuarcahi me
re. n t
loans
receiving a reply in
he would oppose ,o thevea officerrde ee aa raedd,
moreover, that he could not allow similar measuies
to be taken by the Swiss authorities in the Valley
of the Dappes. After having acquired the
conviction
that the arrest of Fournier was not intended, the

French gendarmes and soldiers recrossed the fron-
tier in the night of the 27th October.
" A perusal of the second report of the commis-
sioners imposes the conviction that the incident of
the 27th October is exactly as it has been related
by the Prefect of Nyon, and already confirmed in
their first report. The commissioners, it is true,
might have remarked that since their first visit to
the valley a change bas manifested itself among a
part of the inhabitants.
" The importance which is to be attached to the
event of the 27th October has had the effect of in-

timidating to a certain extent persons who, on first
being interrogated, spoke quite frankly, but who
have afterwards thought that they ought to observe
a certain reserve, fearing that, under the circum-
stances, they might afterwards be made responsible
for their declarations. But, notwithstanding this,
evidence has been obtained of so positive a character
that it is impossible to doubt the exactness of the
statement first made. There is not the least reason
whatever to doubt the veracity of the witnesses,
because what would induce them to misrepresent
facts, and to make false declarations ? Besides, their
evidence confirms in a most formal manner
the presence of armed French gendarmes and sol-
diers in Cressonnieros Suisses, and generally de-
scribes the incident as it has been related in the
first report of the commissioners.
" Some of the witnesses add that, during the day
of Oct. 27, men from the French frontier post pene-
trated into the Swiss territory in groups, in order to
discover the Vaud gendarmes, who were supposed
to be hidden in the woods.

"If, for the reasons stated, certain inhabitants of
Cressonnieres are more reserved in their evidence
than they were on Nov. 2—if they do not speak in
such a precise and categorical manner as the other
witnesses, it must not however be lost sight of that
they do not question the evidence which has been
given, and that at all events they admit having seen
the lieutenant and the brigadier of the French gen-
darmes on Swiss territory.
"In presence of the statement so clearly made out
by our commissioners, wu have no hesitation in main-
taining our claim of the 31st October, and of renew-
ing the demand which was contained therein, for
fitting satisfaction and proper measures for prevent-
ing the recurrence of similar violations of territory.

" The French Minister has shown himself dis-
posed to enter into negotiations with Switzerland
on the principal question, as well as on a mode of
intercourse, although giving it to be understood that
the measures lately ordered, and which have formed
the subject of the complaints of Switzerland, ought
to be maintained by the French authorities so long
as the state of things renders it necessary.
"Although it is important for Switzerland to be
on good terms with her neighbours, and although
she desires to maintain good relations with them,
and to assist in their re-establishment when they
might become disturbed, the Federal Council never-
theless cannot think of opening negotiations so long
as there exists a declaration in which it cannot but
see a threat. It cannot consent to make the nego-
tiations depend on a condition, the effect of whose
accomplishment would be to annul as a usurpation
a sovereignty exercised by Switzerland for many
years in the Valley of the Dappes.
"It seems to us right to say a few words here on
the question of the statu quo, since this point has
very recently been raised by France. It appears
that some misunderstanding has arisen which neces-
sarily demands an explanation. Statu quo appears
to be understood by France in the sense that the
rights of sovereignty—the administration of justice
—ought not to be exercised in the Valley of the
Dappes either by the one or the other of the two
States. This point of view is in no way justified
by antecedents. We have already entered fully
into this subject in a note addressed to the French

Legation on the 21st of June last; and it will not
be out of place to recall here the considerations
which were set forth on that occasion. It is proved
by documents that until 1851 the authorities of
Vaud have without obstacle exercised the penal and

civil jurisdiction over the Valley of the Dappes.
The authorities of the district of Nyon have treated
this territory in the same manner as the other parts
of the district.
" In the records which have been consulted there

exists no indication that until the period named the
exercise of judicial functions by the authorities at
Vaud had given rise to any kind of conflict. Oppo-
sition was first offered in 1851 on the occasion of a
seizure effected to the prejudice of a man named
Janin on account of a claim of the savings bank of
Nyon. Then, in the hope of arriving at an arrange-
ment on the differences concerning the principal
question, orders were given to suspend judicial
measures for a time in order to avoid what might
have rendered this affair more complicated. Such
is the fact invoked from them, more especially in
1852 and 1859, as forming a state of state quo be-
tween the two countries.

" This way of receiving the matter is, however,

not sufficiently founded, because, when the jurisdic-
tion has been exercised without opposition for 35

years, a suspension of justice in a single case, given
in consideration of the friendly relations between
the two countries, would not imply any prejudice
to the right of Switzerland; and on that account
the competency of her tribunals as well as those of
the Canton of Vaud, could not be the subject of any
serious doubt.

Such is the point of view from which the Federal
Council considers the question of the static quo.
This point of view is a necessity, if it is not desired
that the Valley of the Dappes should fall into a
most complete state of anarchy. By the expression
stitu quo we could not, therefore, understand a
state of absolute neutrality in the sense that all
superior authority was suspended.
We are convinced that it could not be the inten-
tion of the Imperial Government to wish to support
such an exceptional situation. It is not they who
would wish to establish between the two countries
a territorial circumscription enjoying the singular
privilege of being exempt from all legal order, and
the inhabitants of which could create for themselves
a right to claim impunity for all crimes past as well
as future. Inviting you to give later any explana-
tion which may be necessary, supported by the
documents connected with this inquiry, we autho-
rise you to leave a copy of the present note with
the Minister, and take this opportunity to renew, &c.,
(Signed) " J. M. KNUSEL,
President of the Confederation.
(Signed) " SCIIIESS,
Chancellor of the Confederation
"Berne, 23d Nov., 1861."