Act of Mediation
Encyclopedia
The Act of Mediation was issued by Napoleon Bonaparte on 19 February 1803 establishing the Swiss Confederation. The act also abolished the previous Helvetic Republic
Helvetic Republic
In Swiss history, the Helvetic Republic represented an early attempt to impose a central authority over Switzerland, which until then consisted mainly of self-governing cantons united by a loose military alliance, and conquered territories such as Vaud...

, which had existed since the invasion of Switzerland
Old Swiss Confederacy
The Old Swiss Confederacy was the precursor of modern-day Switzerland....

 by French troops in 1798. After the withdrawal of French troops in July 1802, the Republic collapsed (in the Stecklikrieg
Stecklikrieg
The Stecklikrieg of 1802 resulted in the collapse of the Helvetic Republic, the renewed French occupation of Switzerland and ultimately the Act of Mediation dictated by Napoleon on 10 March 1803....

civil war). The Act of Mediation was Napoleon's attempt at a compromise between the Ancien Regime
Early Modern Switzerland
The early modern history of the Old Swiss Confederacy , lasting from formal independence in 1648 to the French invasion of 1798 came to be referred as Ancien Régime retrospectively, in post-Napoleonic Switzerland.The early modern period was characterized by an increasingly...

and a Republic. This intermediary stage of Swiss history lasted until the Restoration
Restauration (Switzerland)
The periods of Restoration and Regeneration in Swiss history last from 1814 to 1847. "Restoration" refers to the period of 1814 to 1830, the restoration of the Ancien Régime , reverting the changes imposed by Napoleon Bonaparte with the centralist Helvetic Republic from 1798 and the partial...

 of 1815.

End of the Helvetic Republic

Following the French invasion
French Revolutionary Wars: Campaigns of 1798
1798 was a relatively quiet period in the French Revolutionary Wars. The major continental powers in the First coalition had made peace with France, leaving France dominant in Europe with only a slow naval war with Great Britain to worry about...

 of 1798, the decentralized and aristocratic Old Swiss Confederation was replaced with the highly centralized and republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...

an Helvetic Republic. However the changes were too abrupt and sweeping and ignored the strong sense of identity that most Swiss had with their canton or city. Throughout the following four years, French troops were often needed to support the Helvetic Republic against uprisings. The government of the Republic was also divided between the "Unitary" (supporting a single, strong central government) and the "Federalist" (supporting a Federation
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...

 or self-governing cantons) parties. By 1802 a draft constitution was presented, but was quickly defeated in a popular vote in June 1802. In July Napoleon withdrew French troops from Switzerland, ostensibly to comply with the Treaty of Amiens
Treaty of Amiens
The Treaty of Amiens temporarily ended hostilities between the French Republic and the United Kingdom during the French Revolutionary Wars. It was signed in the city of Amiens on 25 March 1802 , by Joseph Bonaparte and the Marquess Cornwallis as a "Definitive Treaty of Peace"...

, but really to show the Swiss that their best hopes lay in appealing to him.

Following the withdrawal of French troops in the summer of 1802, the rural population (which was strongly Federalist) revolted against the Helvetic Republic. In the Canton of Léman
Canton of Léman
Léman was the name of a canton of the Helvetic Republic from 1798 to 1803, corresponding to the territory of modern Vaud. As a former subject territory of Bern, Vaud had been independent for only four months in 1798 as the Lemanic Republic before it was incorporated in the centralist Helvetic...

, the Bourla-papey
Bourla-papey
Bourla-Papey was the name given to a popular revolt that took place between February and May 1802 in the Canton of Léman, in Switzerland, during the days of the Helvetic Republic. The uprising was in response to the restoration of feudal rights and taxes that had been abolished following the...

 revolt broke out against the restoration of feudal land holdings and taxes. While this rebellion was quieted through concessions, the following Stecklikrieg
Stecklikrieg
The Stecklikrieg of 1802 resulted in the collapse of the Helvetic Republic, the renewed French occupation of Switzerland and ultimately the Act of Mediation dictated by Napoleon on 10 March 1803....

, so called because of the or "wooden club" carried by the insurgents, led to the collapse of the Republic. After several hostile clashes with the official forces of the Helvetic Republic, which were lacking both in equipment and motivation (Renggpass at Pilatus
Pilatus (mountain)
Pilatus is a mountain near Lucerne, Switzerland. Jurisdiction over the mountain is divided between the cantons of Obwalden, Nidwalden, and Lucerne...

 on 28 August, artillery attacks on Bern and Zürich during September, and a skirmish at Faoug
Faoug
Faoug is a municipality in the district of Broye-Vully in the canton of Vaud in Switzerland.-Geography:Faoug has an area, , of . Of this area, or 55.1% is used for agricultural purposes, while or 25.2% is forested...

 on 3 October), the central government at first capitulated militarily (on 18 September, retreating from Bern to Lausanne) and then collapsed entirely.

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
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...

 of the Act of Mediation Napoleon declared that the natural political state of the Swiss was as a Federation
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...

 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
Canton of St. Gallen
The Canton of St. Gallen is a canton of Switzerland. St. Gallen is located in the north east of Switzerland. It covers an area of 2,026 km², and has a population of . , the population included 97,461 foreigners, or about 20.9% of the total population. The capital is St. Gallen. Spelling...

 and Graubünden or Grisons
Graubünden
Graubünden or Grisons is the largest and easternmost canton of Switzerland. The canton shares borders with the cantons of Ticino, Uri, Glarus and St. Gallen and international borders with Italy, Austria and Liechtenstein...

) 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
Aargau
Aargau is one of the more northerly cantons of Switzerland. It comprises the lower course of the river Aare, which is why the canton is called Aar-gau .-History:...

 (1415), Thurgau
Thurgau
Thurgau is a northeast canton of Switzerland. The population, , is . In 2007, there were a total of 47,390 who were resident foreigners. The capital is Frauenfeld.-History:...

 (1460), Ticino
Ticino
Canton Ticino or Ticino is the southernmost canton of Switzerland. Named after the Ticino river, it is the only canton in which Italian is the sole official language...

 (1440, 1500, 1512), and Vaud
Vaud
Vaud is one of the 26 cantons of Switzerland and is located in Romandy, the French-speaking southwestern part of the country. The capital is Lausanne. The name of the Canton in Switzerland's other languages are Vaud in Italian , Waadt in German , and Vad in Romansh.-History:Along the lakes,...

 (1536). Five of the six new cantons, Graubünden was the exception, were given modern representative governments
Representation (politics)
In politics, representation describes how some individuals stand in for others or a group of others, for a certain time period. Representation usually refers to representative democracies, where elected officials nominally speak for their constituents in the legislature...

. 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
Tagsatzung
The Swiss Tagsatzung was the legislative and executive council of the Swiss confederacy from the beginnings until the formation of the Swiss federal state in 1848. It was a meeting of delegates of the individual cantons...

or Diet which was held in one of the six vororten (or leading cities, which were: Fribourg
Fribourg
Fribourg is the capital of the Swiss canton of Fribourg and the district of Sarine. It is located on both sides of the river Saane/Sarine, on the Swiss plateau, and is an important economic, administrative and educational center on the cultural border between German and French Switzerland...

, Bern, Solothurn
Solothurn
The city of Solothurn is the capital of the Canton of Solothurn in Switzerland. The city also comprises the only municipality of the district of the same name.-Pre-roman settlement:...

, Basel
Basel
Basel or Basle In the national languages of Switzerland the city is also known as Bâle , Basilea and Basilea is Switzerland's third most populous city with about 166,000 inhabitants. Located where the Swiss, French and German borders meet, Basel also has suburbs in France and Germany...

, Zurich
Zürich
Zurich is the largest city in Switzerland and the capital of the canton of Zurich. It is located in central Switzerland at the northwestern tip of Lake Zurich...

 and Lucerne
Lucerne
Lucerne is a city in north-central Switzerland, in the German-speaking portion of that country. Lucerne is the capital of the Canton of Lucerne and the capital of the district of the same name. With a population of about 76,200 people, Lucerne is the most populous city in Central Switzerland, and...

) 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.

End of the Act of Mediation

The Act of Mediation was an important political victory for Napoleon. He was able to stop the instability of the Swiss from spreading into his emerging empire or weakening his army. The Act of Mediation created a pro-French buffer state
Buffer state
A buffer state is a country lying between two rival or potentially hostile greater powers, which by its sheer existence is thought to prevent conflict between them. Buffer states, when authentically independent, typically pursue a neutralist foreign policy, which distinguishes them from satellite...

 with Austria and the German states. He even added the title Médiateur de la Confédération suisse (Mediator of the Swiss Confederation) to his official titles in 1809.

While the Act of Mediation remained in force until the end of Napoleon's power in 1813 and was an important step in the development of the Swiss Confederation, the rights promised in the Act of Mediation soon began to vanish. In 1806 the principality of Neuchâtel was given to Marshal Berthier
Louis Alexandre Berthier
Louis Alexandre Berthier, 1st Prince de Wagram, 1st Duc de Valangin, 1st Sovereign Prince de Neuchâtel , was a Marshal of France, Vice-Constable of France beginning in 1808, and Chief of Staff under Napoleon.-Early life:Alexandre was born at Versailles to Lieutenant-Colonel Jean Baptiste Berthier ,...

. Tessin was occupied by French troops from 1810 to 1813. Also, in 1810 the Valais
Valais
The Valais is one of the 26 cantons of Switzerland in the southwestern part of the country, around the valley of the Rhône from its headwaters to Lake Geneva, separating the Pennine Alps from the Bernese Alps. The canton is one of the drier parts of Switzerland in its central Rhône valley...

 was occupied and converted into the French department of the Simplon to secure the Simplon Pass
Simplon Pass
Simplon Pass is a high mountain pass between the Pennine Alps and the Lepontine Alps in Switzerland. It connects Brig in the canton of Valais with Domodossola in Piedmont . The pass itself and the villages on each side of it, such as Gondo, are in Switzerland...

. Swiss troops still served in foreign campaigns such as the French invasion of Russia
French invasion of Russia
The French invasion of Russia of 1812 was a turning point in the Napoleonic Wars. It reduced the French and allied invasion forces to a tiny fraction of their initial strength and triggered a major shift in European politics as it dramatically weakened French hegemony in Europe...

 which undermined their long-held neutrality. At home the liberty of moving from one canton to another (though given by the constitution) was, by the Diet in 1805, restricted by requiring ten years' residence, and then not granting political rights in the canton or a right of profiting by the communal property
Bürgergemeinde
The Bürgergemeinde is a statutory corporation in public law in Switzerland...

.

As soon as Napoleon's power began to wane (1812-1813), the position of Switzerland became endangered. The Austrians, supported by the reactionary party in Switzerland, and without any real resistance on the part of the Diet, crossed the border on 21 December 1813. On 29 December under pressure from Austria, the Diet abolished the 1803 constitution which had been created by Napoleon in the Act of Mediation.

On 6 April 1814 the so-called Long Diet met to replace the constitution. The Diet remained dead-locked until 12 September when Valais, Neuchatel and Geneva were raised to full members of the Confederation. This increased the number of cantons
Cantons of Switzerland
The 26 cantons of Switzerland are the member states of the federal state of Switzerland. Each canton was a fully sovereign state with its own borders, army and currency from the Treaty of Westphalia until the establishment of the Swiss federal state in 1848...

 to 22. The Diet, however, made little progress until the Congress of Vienna
Congress of Vienna
The Congress of Vienna was a conference of ambassadors of European states chaired by Klemens Wenzel von Metternich, and held in Vienna from September, 1814 to June, 1815. The objective of the Congress was to settle the many issues arising from the French Revolutionary Wars, the Napoleonic Wars,...

.
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