Switzerland in the Times of the Helvetic Republic (1798–1802) and the Mediation (1803–1815) – Iinstitutional Foundations

Abstract

In 1798 the Old Swiss Confederacy, created or rather “refurbished” in 1291, ceased to exist. A uniform and indivisible country - the Helvetic Republic - was created from the connection between initially three and then finally thirteen cantons. It took place with a substantial help of France and its army. The new country (which was de facto a French protectorate) enacted its first constitution (the Helvetic Constitution), established a bicameral parliament, a central government and a judiciary apparatus available for all - the Supreme Tribunal. The cantons lost their independence and they became units of the administrative division of the country. This institutional “experiment” lasted in Switzerland until 1802. Throughout the period of five years of the Republic’s existence, the French army continuously stationed in the country; some armed outbreaks of the people also took place and the conflict between the unitarists and federalists was also escalating. The feuding sides were “reconciled” by Napoleon, who occurred as a “mediator” and imposed on Switzerland his constitution - the Act of Mediation (its first nineteen chapters included constitutions of respective cantons). The period of Mediation lasted until 1813 when, after the fall of Napoleon, the countries of the anti-French coalition demanded its abrogation from Switzerland, which took place towards the end of that year. Simultaneously, the Swiss proclaimed their neutrality, which was further confirmed by the Congress of Vienna.