Helvetic Republic - Constitution

Constitution

Before the advent of the Helvetic Republic, each individual canton had exercised complete sovereignty over its own territory or territories. Little central authority had existed, with matters concerning the country as a whole confined mainly to meetings of leading representatives from the cantons: the Diets.

The constitution of the Helvetic Republic came mainly from the design of Peter Ochs, a magistrate from Basel. It established a central two-chamber legislature which included the Grand Council (with 8 members per canton) and the Senate (4 members per canton). The executive, known as the Directory, comprised 5 members. The Constitution also established actual Swiss citizenship, as opposed to just citizenship of one's canton of birth. Under the Old Swiss Confederacy, citizenship was granted by each town and village only to residents. These citizens enjoyed access to community property and in some cases additional protection under the law. Additionally, the urban towns and the rural villages had differing rights and laws. The creation of a uniform Swiss citizenship, which applied equally for citizens of the old towns and their tenants and servants, led to conflict. The wealthier villagers and urban citizens held rights to forests, common land and other municipal property which they did not want to share with the "new citizens", who were generally poor. The compromise solution, which was written into the municipal laws of the Helvetic Republic, is still valid today. Two politically separate but often geographically similar organizations were created. The first, the so-called municipality, was a political community formed by election and its voting body consists of all resident citizens. However, the community land and property remained with the former local citizens who were gathered together into the Bürgergemeinde.

After an uprising led by Alois von Reding in 1798, some cantons were merged, thus reducing their anti-centralist effectiveness in the legislature. Uri, Schwyz, Zug and Unterwalden together became the canton of Waldstätten; Glarus and the Sarganserland became the canton of Linth, and Appenzell and St. Gallen combined as the canton of Säntis.

Due to the instability of the situation, the Helvetic Republic had over 6 constitutions in a period of 4 years.