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

Prendh gendarmes and soldiers recrossed the fron-
tier it t the night of the 27th October.
" A. perusal of the second report of the commis-
sioners imposes the conviction that the incident of
the 2,7 th October is exactly as it has been related
by tb,e Prefect of Nyon, and already confirmed in
their first report. The commissioners, it is true,
might have remarked that since their find visit to
the iialley a change has 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
beii ig interrogated, spoke quite frankly, but who
hav a afterwards thought that they ought to observe
a curtain reserve, fearing that, under the circum-
staxces, they might afterwards be made responsible
for their declarations. But, notwithstanding this,
evi dente 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 Cressonnieres 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 reasonostated, 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, we 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 bo 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 static 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 static 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
state 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 pastas 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 opportu nay to renew, &e.,
(Signed) " J. M. KNUSEL,
President of the Confederation.
(Signed) " SCIIIESS,
Chancellor of the Confederation
" Berne, 23d Nov., 1861."