Act of Mediation - Act of Mediation

Act of Mediation

With Napoleon acting as a mediator, representatives of the Swiss cantons met in Paris to end the conflict and officially dissolve the Helvetic Republic. When the Act of Mediation was produced on February 19, 1803 it attempted to address the issues that had torn the Republic apart and provide a framework for a new confederation under French influence. Much of the language of the Act was vague and unclear, which allowed the cantons considerable room in interpretation.

In the preamble of the Act of Mediation Napoleon declared that the natural political state of the Swiss was as a Federation and explained his role as a mediator.

The next 19 sections covered the 19 cantons that existed in Switzerland at the time. The original 13 members of the old Confederation were restored and 6 new cantons were added. Two of the new cantons (St Gallen and Graubünden or Grisons) were formerly "associates", while the four others were made up of subject lands (i.e. controlled by other cantons) that had been conquered at different times — Aargau (1415), Thurgau (1460), Ticino (1440, 1500, 1512), and Vaud (1536). Five of the six new cantons, Graubünden was the exception, were given modern representative governments. However, in the 13 original cantons many of the pre-revolutionary institutions remained in place. The landsgemeinden, or popular assemblies, were restored in the democratic cantons, the cantonal governments in other cases being in the hands of a great council (legislative) and the small council (executive). Overall, the powers granted to the state were extremely broad.

The following 40 articles, which were known as the Acte fédéral or Acts of Confederation, defined the duties and powers of the federal government. The responsibilities of the Confederation included: providing equality for all citizens, creation of a Federal Army, the removal of internal trade barriers and international diplomacy. There were to be no privileged classes, burghers or subject lands. Switzerland was mentioned throughout the Act. Every Swiss citizen was now free to move and settle anywhere in the new Confederation. The cantons guaranteed to respect each other's constitutions, borders and independence. The highest body of government was the Tagsatzung or Diet which was held in one of the six vororten (or leading cities, which were: Fribourg, Bern, Solothurn, Basel, Zurich and Lucerne) each year. The Diet was presided over by the Landammann der Schweiz who was the chief magistrate of the vororten in which the Diet met during that year. In the Diet, six cantons which had a population of more than 100,000 (Bern, Zurich, Vaud, St Gallen, Graubünden and Aargau) were given two votes, the others having but one apiece.

Two amendments to the Act, containing 13 and 9 articles, addressed the transition from the failed Republic to the new Confederation. Louis d'Affry, the appointed Landammann der Schweiz during the transition, was given extensive powers until the Diet could meet. Within the cantons, the local governments were run by a seven member commission until new elections could be held.

The closing statement of the Act declared that Switzerland was an independent land and directed the new government to protect and defend the country.