Appeal to Swiss People.

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sons who cross the frontier in civilian dress belong to the army of any of the belligerent states.

Furthermore, the Federal Council thinks it proper to render a service to the different belligerent states by allowing their inhabitants to procure without difficulty or delay the means necessary to contribute thus to their recovery.

New appeal to the Swiss people. October 1, 1914.

[Bundesgesetze und Verordnungen, 1914, 30: 510.]

Faithful and Dear Members of the Confederation:

Two months have already passed since the outbreak of the gigantic struggle of peoples, and the end of this terrible conflict is not yet in sight.

At the opening of the war our authorities proclaimed with unanimity the complete neutrality of Switzerland. The whole people has approved this decision, and we have the firm resolve scrupulously to maintain this neutrality by all means at the disposal of the country. This attitude has spared us the horrors of war, but it imposes on us also some duties and some sacrifices. There is not everywhere a clear consciousness of these duties and of these sacrifices. In our method of judging the event and in the expression of our sympathy for the different nations, we ought to observe the greatest reserve to avoid that which might wound the states and the peoples involved in the war and to guard ourselves from all partiality. To judge with calmness and moderation the events does not at all mean to be oblivious of sympathy and feeling; the heart of each citizen will continue to beat warmly for those to whom they are attached by particularly strong bonds or whose fate is dear to them before everything.

Only if each observes this attitude will it be possible to accomplish the duties which spring from our situation of a neutral state and to maintain the good relations of our country with the other states. This interest has never been greater than in the present confusion of Europe, and it has never been more difficult to safeguard.

But more important yet, than the regard due to foreign nations and of a vital interest to our country, is the maintenance between ourselves of an energetic cohesion, of an unshaken unity. This unity, absolutely necessary to-day, that the culture, the economic and financial situation of our country may receive serious consideration, will to-morrow be equally necessary, when it is a question of healing the wounds by a union of all efforts. History teaches us that Switzerland has never suffered the greatest calamities nor endured the greatest losses, except, when distraught by domestic quarrels, she has been enfeebled by a lack of unity. At this moment when the fate of peoples is at stake, we must recall the lessons of history and guard ourselves from insisting in a manner imprudent, passionate or offensive on those things which

separate us, by enfeebling the sentiments which unite us, instead of fortifying them by patriotically recalling those things which bring us together.

We address to each citizen and particularly to the Swiss press of all parties, of all languages, and of all regions, a pressing appeal for moderation and reserve. It is the press which expresses and directs public opinion. It has the noble task of confining the unchained passion, of combatting the tendencies which divide and of exercising especially its influence to moderate and conciliate.

The hard times of trial through which we pass ought to become the point of departure for an intellectual, economic, and political uplift. We require for this end the union of all the forces of our people. There ought to be no irreconcilable barriers of race or of language. We see the ideal of our fatherland in a community of civilization which rises above race and language. First and before all we are Swiss only in the second place Latin or German. Above all the sympathies for the nations to which we are attached by a common origin, there is for us the welfare of the fatherland, of that fatherland which is common to us all. It is to this welfare of the fatherland that we ought to subordinate all else.

In the hope that this appeal will be heard, we recommend you with ourselves, faithful and dear members of the Confederation, to the divine protection.

Berne, October 1, 1914.

In the name of the Swiss Federal Council:

The President of the Confederation, HOFFMANN.

The Chancellor of the Confederation, SCHATZMANN.

Order of the Federal Council concerning foreign deserters and fugitive conscripts. June 30, 1916.

[Lois Suisse, July 5, 1916.]

The Swiss Federal Council.

Relying on article 3 of the Federal order of August 3, 1914, concerning measures appropriate for assuring the security of the country and the maintenance of its neutrality;

Considering that, with the exception of measures which appear necessary in the interests of the national defense, it is primarily incumbent upon the Cantons to concern themselves with foreign deserters and fugitive conscripts (réfractaires), yet the extraordinary circumstances of the present time demand nothing less than the intervention of the Confederation in the matter; Orders:

ARTICLE 1. During the state of war, foreign deserters, and fugitive conscripts can not be conducted beyond the Swiss frontier or removed from one Canton into another or even expelled from a Canton. No distinction is made between deserters and fugitive conscripts, as to their treatment in Switzerland, except to the extent that this distinction appears necessary for mili

Deserters and Fugitives.

81

tary reasons. The Federal Council reserves to itself the right to declare during the war the expulsion from Swiss territory of deserters and fugitive conscripts, who may have made themselves liable for grave offenses. The commander of the army will decide on the toleration of foreign deserters and fugitive conscripts in the zone of the army.

ART. 2. When deserters and fugitive conscripts not possessing identification papers or providing insufficient identification papers, have been permitted in Switzerland before the entrance into the war of the State from which they came, it is the duty of the Canton to which they have been admitted on the last occasion to provide for them.

ART. 3. As to deserters or fugitive conscripts entering Switzerland after the entry into the war of the State from which they come, as well as those whose recognition papers have proved fraudulent after the said date and finally those whose recognition papers are not considered valid by the State of origin, the Canton where they reside or to which they are attributed is bound to demand sufficient securities of them for the disturbances of public law and of an economic nature resulting from the fact that they are tolerated on Swiss territory. The Cantons will determine the amount and the nature of the securities and designate the authority to which these should be furnished. The Cantonal governments are authorized to publish the necessary regulations, when the Cantonal legislation does not contain provisions relating to securities or when the existing provisions are insufficient. The dispositions of the Cantons relative to securities will be submitted to the approval of the Federal Council which reserves to itself the right of amending or modifying the same.

ART. 4. If a deserter or fugitive conscript abandon the place of his residence to establish himself in another Canton, the securities furnished by him are retained and constitute an equal guaranty for the Canton of his new residence. The securities furnished on decision of the military authorities by a deserter or fugitive conscript will be remitted to the Canton in which the person has his residence. The military authorities can not, hereafter, require securities.

ART. 5. The Cantons will establish special lists of all deserters and fugitive conscripts found within their territory and will transmit copies of these lists to the Swiss department of justice and police. They will communicate to the said department all modifications occurring in the contents of the lists. The Swiss department of justice and police is empowered to publish the necessary prescriptions as to the initiation and continuance of the lists.

ART. 6. The securities will furnish compensation, in the first place, for the disturbances of public law and of an economic nature resulting to the Cantons from the toleration on their 79596-17-6

territory of deserters and fugitive conscripts, indicated in article 3 above. In cases where these securities are insufficient, or if they have not been obtainable, the confederation will assume the responsibility. The Federal council will fix definitely the indemnity to be accorded by the confederation.

ART. 7. The commander of the army and the Swiss military department will publish, in agreement with the Swiss department of justice and police, the necessary prescriptions as to the admission of deserters and fugitive conscripts into Switzerland (control of the frontier) and the procedure to which these should be submitted after passage of the frontier.

ART. 8. The competent administrative authorities of the Cantons or of the confederation will intern in appropriate establishments deserters or fugitive conscripts who constitute a public danger or who oppose or are not satisfied with the orders of the authorities or who, in some other manner, give occasion for complaints which appear to necessitate resort to internment. The Cantonal governments will publish the necessary prescriptions as to the measure to be taken by the Cantonal authorities in this matter. The Swiss department of justice and police will offer its cooperation to the Cantons which do not possess suitable establishments in choosing the place of internment. When the internment concerns one of the classes indicated in article 3 and the securities eventually furnished are not sufficient to cover the expense, the confederation will be charged for this amount, provided the internment has been approved by the Swiss department of justice and police.

ART. 9. The Federal council will decide definitely upon controversies which may arise over the execution of the present order with reservation of article 1, sentence 4.

ART. 10. The present order will come immediately into force. The Federal council will fix the date at which the order will cease to be in force.

Berne, June 30, 1916.

In the name of the Swiss Federal Council:

The President of the Confederation, DECOPPET.

The Chancellor of the Confederation, SCHATZMANN.

UNITED STATES.

Proclamation of Neutrality. August 4, 1914.1

[38 U. S. Stat. 1999.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a state of war unhappily exists between AustriaHungary and Servia and between Germany and Russia and be

1 Additional proclamations identical in character were issued as follows: For the war between Germany and Great Britain on August 5, 1914 [No. 1272];

General Provisions.

83

tween Germany and France; and whereas the United States is on terms of friendship and amity with the contending powers, and with the persons inhabiting their several dominions;

And whereas there are citizens of the United States residing within the territories or dominions of each of the said belligerents, and carrying on commerce, trade, or other business or pursuits therein;

And whereas there are subjects of each of the said belligerents residing within the territory or jurisdiction of the United States, and carrying on commerce, trade, or other business or pursuits therein;

And whereas the laws and treaties of the United States, without interfering with the free expression of opinion and sympathy, or with the commercial manufacture or sale of arms or munitions of war, nevertheless impose upon all persons who may be within their territory and jurisdiction the duty of an impartial neutrality during the existence of the contest;

And whereas it is the duty of a neutral government not to permit or suffer the making of its waters subservient to the purposes of war;

Now, therefore, I, WOODROW WILSON, President of the United States of America, in order to preserve the neutrality of the United States and of its citizens and of persons within its territory and jurisdiction, and to enforce its laws and treaties, and in order that all persons, being warned of the general tenor of the laws and treaties of the United States in this behalf, and of the law of nations, may thus be prevented from any violation of the same, do hereby declare and proclaim that by certain provisions of the act approved on the 4th day of March, A.D. 1909, commonly

For the state of war between Austria-Hungary and Russia on August 7, 1914 [No. 1273];

For the state of war between Great Britain and Austria-Hungary, August 13, 1914 [No. 1274];

For the state of war between France and Austria-Hungary, August 14, 1914 [No. 1275];

As a result of the United States being "in fact aware of the existence of a state of war between Belgium and Germany," August 18, 1914 [No. 1276];

For the state of war between Japan and Germany, August 24, 1914 [No. 1277];

For the state of war between Japan and Austria-Hungary, August 27, 1914 [No. 1278];

For the state of war between Belgium and Austria-Hungary, September 1, 1914 [No. 1280];

For the state of war between Great Britain and Turkey, November 6, 1914 [No. 1286];

For the state of war between Italy and Austria-Hungary, May 24, 1915. For the state of war between Italy and Turkey, August 22, 1915.

For the state of war between France, Great Britain, Italy, and Servia and Bulgaria, November 11, 1915.

For the state of war between Germany and Portugal, March 3, 1916. For the state of war between Germany and Italy, August 30, 1916.