Switzerland; Switzerland -- Politics and government -- 1815-
The repeated and remarkable stipulations of the Constitution, reaching
almost every conceivable exercise of religious action and freedom,
present one of its most marked characteristics and radical departures
from that of the United States. The latter contains only two allusions
to the subject. The first in Article VI.: “No religious test shall ever
be required as a qualification to any office or public trust under the
United States.” The second in the first amendment: “Congress shall
make no law respecting an establishment of religion or prohibiting
the free exercise thereof.” Previous to the Swiss Constitution of
1874 there was no mention of individual religious liberty. That of
1848 guaranteed the free exercise of divine worship to the recognized
confessions, the Roman Catholic and the Reformed (_i.e._, the Church
Reformed by Zwingli and Calvin), but forbade the order of Jesuits. It
is manifest that the framers of the Constitution of 1874 were resolved
to effectually suppress the further exercise of the ecclesiastical
narrowness and sectarian antagonism which, as late as the Sonderbund
War of 1847, disturbed the peace and threatened the stability of the
Confederation. The extreme rigor with which these provisions of the
Constitution are enforced, and the latitude of action given under them
to Cantonal authority, do appear at times to be strained to an extent
deaf to both humanity and common sense. In 1888, “Captain Stirling,” of
the Salvation Army, a subject of Great Britain, was sentenced in the
Canton of Vaud to one hundred days’ imprisonment in Chillon Castle for
attempting to proselyte some children. The appeal made in her behalf to
the Federal Council was refused, and she was compelled to complete the
term of her sentence. Surely no danger was threatened that might not
have been averted by her removal to the frontier, or the offence atoned
for by a slight fine. The case presented an appeal to that unknown
quantity, the Swiss sense of the ridiculous. The sanctity of the law is
all very well; but when the law is one against persons who sing hymns
to children in the street, and its terrors are those of Bonnivard’s
prison, the plot of the drama seems hardly equal to the majesty of the
scene. To put a young lady, for so trivial an offence, under triple
bolts and bars for months is a piling up of the agony which indicates a
singular weakness of dramatic resource. Perhaps the military style of
the movements in these days of alarming concentrations on Continental
frontiers may have invested the “colonels” and “captains” in the
Salvationist train, even of the gentler sex, with undue importance
and alarm. It is difficult to reconcile Federal and Cantonal action
in Switzerland in this and other instances with the spirit of the
inviolability of freedom of faith and conscience guaranteed by the
Constitution. Religious liberty encounters no little restriction and
abridgment in several of the Cantons. Each Canton has still its own
Public-domain text, read in full here on John Shaqi.
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