Sketches of the natural, civil, and political state of Swisserland: in a series of letters to William Melmoth, Esq; from William Coxe, ...

LETTER XLIII.

HAVING, in the course of my for|mer letters, communicated to you such observations as I was able to make during my tour through Swisserland, con|cerning the laws, government, state of literature, &c. of each canton in parti|cular; I will now request from you the same candid indulgence I have so re|peatedly experienced, whilst I lay before you a few concluding remarks, in relation to the state of Swisserland in general.

There is no part of Europe which contains, within the same extent of re|gion, so many independent common|wealths, and such a variety of different governments, as are collected together in this remarkable and delightful coun|try; and yet, with such wisdom was the Helvetic union composed, and so little have the Swiss, of late years, been actu|ated with the spirit of conquest, that since the firm and complete establish|ment of their general confederacy, they have scarcely ever had occasion to employ their arms against a foreign enemy; and

have had no hostile commotions among themselves, that were not soon hap|pily terminated. Perhaps there is not a similar instance in antient or modern history, of a warlike people, divided into little independent republics, closely bor|dering upon each other, and of course having occasionally interfering interests, having continued, during so long a pe|riod, in an almost uninterrupted state of tranquillity. And thus, while the several neighbouring kingdoms have suffered, by turns, all the horrors of internal war, this favoured nation hath enjoyed the fe|licity described by Lucretius, and looked down with security upon the various tem|pests that have shaken the world around them.

But the happiness of a long peace, has neither broken the spirit, nor ener|vated the arm of this people. The youth are diligently trained to all the martial ex|ercises, such as running, wrestling, and shooting both with the cross-bow and the musket; a considerable number of well-disciplined Swiss troops are always employed in foreign services; and the whole people are enrolled, and regularly

exercised in their respective militia. By these means they are capable, in case it should be necessary, of collecting a very respectable bo|dy of forces, which could not fail of prov|ing formidable to any enemy who should invade their country, or attack their liber|ties. Thus, while most of the other states upon the continent are tending more and more towards a military govern|ment, Swisserland alone has no standing armies; and yet, from the nature of its situation, from its particular alliances, and from the policy of its internal go|vernment, is more secure from invasion than any other European power, and full as able to withstand the greatest force that can be brought against it.

But the felicity of Swisserland does not consist merely in being peculiarly ex|empted from the burdens and miseries of war; there is no country in which hap|piness and content more universally pre|vail among the people. For, whether the government be aristocratical, demo|cratical, or mixed; absolute or limited; a general spirit of liberty pervades and actuates the several constitutions: so that even the oligarchical states (which, of all

others, are usually the most tyrannical) are here peculiarly mild; and the pro|perty of the subject is securely guarded against every kind of violation.

But there is one general defect in their criminal jurisprudence, which prevails throughout this country. For, although the Caroline code, as it is styled, or the code of the Emperor Charles the Vth, forms in each of the republics the princi|pal basis of their penal laws, with parti|cular modifications and additions in dif|ferent districts; yet much too great a la|titude is allowed to the respective judges, who are less governed in their determina|tions by this code, or any other written law, than by the common principles of justice. How far long experience may have justified the prudence of trusting them with this extraordinary privilege, I cannot say; but discretionary powers of this kind, are undoubtedly liable to the most alarming abuse, and can never, without the greatest hazard, be committed to the hands of the magistrate.

I cannot forbear reflecting, upon this occasion, on the superior wisdom, in the present instance, as well as in many others,

of our own most invaluable constitution; and indeed, it is impossible for an English|man to observe, in his travels, the govern|ments of other countries, without becoming a warmer and more affectionate admirer of his own. In England, the life and liberty of the subject does not depend upon the arbitrary decision of his judge, but is se|cured by express laws, from which no magistrate can depart with impunity. This guarded precision, it is true, may occasionally, perhaps, be attended with some inconveniences; but they are over|balanced by advantages of so much greater weight as to be scarcely percep|tible in the scales of justice. I do not mean, however, to throw any imputa|tion upon the officers of criminal juris|diction in Swisserland: as far as I could observe, they administer distributive jus|tice with an impartial and equitable hand.

I remarked, with peculiar satisfaction, the excellent state of the prisons through|out this country, and the humane pre|cautions which the several legislatures have taken with respect to felons: a circumstance which could not fail of

striking me the more forcibly, as the con|trary is but too visible in England. In Swisserland, the criminals are confined in wholesome and separate wards; and instead of languishing long in prison, to the great injury of their health, or total waste of their little remnant of money; they are almost immediately brought to trial. In England, a criminal, or one suspected to be such, may be confined six months before his fate shall be determined: and if he happen to be proved innocent, and should be in low circumstances; the loss of his time, together with the expences of the gaol-fees, may probably occasion his utter ruin; while his morals are in no less danger, by being compelled to associate with a set of abandoned wretches, lost to all sense of shame, and encouraging each other in their common profligacy. How much is it to be lamented, that, while our code of criminal jurisprudence is in general formed upon principles, which distin|guish us with honour among the nations of Europe; that our courts of justice are thrown open to the view of all the world; and that we enjoy the inestimable and al|most peculiar privilege of being tried by

our equals; how much (I cannot forbear repeating) is it to be lamented, that the same equitable and humane spirit should be found wanting in so important an arti|cle of our penal laws* 1.1!

One cannot but be astonished, as well as concerned, to find, that in a country

where the true principles of civil govern|ment are so well understood and so ge|nerally adopted as in Swisserland, that the trial by torture is not yet abolished: for, in some particular cases, the sus|pected criminal is still put to the rack. The inefficacy, no less than the inhuma|nity, of endeavouring to extort the truth by the several horrid instruments which too ingenious cruelty has devised for that purpose, has been so often exposed by the ablest writers, that it would be equal|ly impertinent and superfluous to trouble you with any reflections of mine upon the subject: and indeed, the whole strength of the several arguments that have been urged upon this occasion, is comprised in the very just and pointed observation of the admirable Bruyere, that la question est une invention merveilleuse & tout-à-fait sûre, pour perdre un innocent qui a la complexion foible, & sauver un coupable qui est né ro|buste* 1.2. I cannot, however, but add, in justice to the Swiss, that zealous advo|cates have not been wanting among them for the total abolition of torture: but ar|guments

of reason, and sentiments of hu|manity, have been found, even in this ci|vilised and enlightened country, to avail little against inveterate custom and long|confirmed prejudices† 1.3.

Learning is less generally diffused a|mong the catholic than the protestant states: but in both, a man of letters will find abundant opportunities of gratify|ing his researches and improving his knowledge. To the natural philosopher, Swisserland will afford an inexhaustible source of entertainment and information, as well from the great variety of physical curiosities so plentifully spread over the country, as from the considerable num|ber of persons eminently skilled in that branch of science. Indeed in every town, and almost in every village, the curious traveller will meet with collections wor|thy of his attention* 1.4.

With respect to agriculture; there is, perhaps, no country in the world where the advantageous effects of unwearied and persevering industry are more remarkably conspicuous. In travelling over the moun|tainous parts of Swisserland, I was struck with admiration and astonishment, to ob|serve rocks, that were formerly barren, now planted with vines, or abounding in rich pasture; and to mark the traces of the plough along the sides of precipi|ces so steep, that it must be with great difficulty that a horse could even mount them. In a word, the inhabitants seem to have surmounted every obstruction which soil, situation, and climate, had thrown in their way, and to have spread fertility over various spots of the country which nature seemed to have consigned to everlasting barrenness. In fine, a gene|ral simplicity of manners, an open and unaffected frankness, together with an invincible spirit of freedom, may justly be mentioned in the number of those

peculiar qualities which dignify the pub|lic character of this people, and distin|guish them with honour among the na|tions of Europe.

I have now laid before you the prin|cipal observations which occurred to me in my journey through Swisserland: hap|py! if they may in any respect have con|tributed to your information or amuse|ment. They were originally intended merely as a private memorial of friend|ship; but I have an additional satisfaction in the very unexpected opportunity they now afford me of more openly testifying the sincere esteem with which I am,

Dear Sir,

Your very affectionate, and obliged humble servant, WILLIAM COXE.

Notes

• * 1.1

  For a more particular account of the prisons in Swisserland, the reader is referr'd to a treatise con|cerning

  "The state of the prisons in England and Wales, and an account of some foreign prisons, by John Howard, Esq 1777."

  In this treatise (which merits the attention of every friend to humanity) the worthy author has produced many melancholy proofs of the sad state of the English prisons, and how very inferior they are to those abroad in every cir|cumstance relating to the health and good govern|ment of the unhappy persons confined in them. And it cannot but afford him the most sensible satisfaction to find, that his benevolent and perse|vering labours have already been productive of some very advantageous regulations, particularly concern|ing the fees of prisoners who shall be acquitted, and the prevention of the gaol distemper. As Mr. H. still continues his laudable researches through all the most considerable prisons upon the continent, and intends submitting the result of them to the consideration of Parliament; it may justly be hoped, that he will be rewarded with the happiness of ha|ving become the means of effectually fixing the at|tention of the British Senate upon an object so high|ly deserving the care of every wise and humane legi|slature.
• * 1.2

  Caracteres, Vol. ii. p. 203.
• † 1.3

  Criminal justice is here, as in the greatest part of Europe, administred agreeably to the rules of the civil law. According to the maxims of that code, the criminal's confession is absolutely requisite, in order to his suffering capital punishment; and con|sequently, all those nations who have not establish|ed a new code of criminal jurisprudence, retain the use of torture.

  The present king of Prussia, it is well known, set the example in Germany, of abolishing this inhu|man practice; but few, perhaps, are apprised, that the first hint of this reformation was suggested to him by reading the History of England. For, one of the principal arguments in support of this me|thod of extorting confession, being that it affords the best means of discovering plots against govern|ment; the sagacious monarch remarked, that the British annals fully confuted the fallacy of that rea|soning. Few kingdoms, he observed, had abound|ed more in conspiracies and rebellions than Eng|land; and yet that the leaders and abettors of them had been more successfully traced and discovered, without the use of torture, than in any country where it was practised. "From thence," added this wise politician, speaking upon the subject,

  "I saw the absurdity of torture, and abolished it accord|ingly."

  The above anecdote, which I had from very re|spectable authority, bears the most honourable testi|mony to the efficacy as well as the mildness of our penal laws, and to the superior excellency of the process observed in our courts of criminal justice.
• * 1.4

  If the reader should be desirous of particular information concerning the several last-mentioned articles; he will find his curiosity gatified in the most satisfactory manner, in Bernouli's Letters sur diffe|rent sujets, &c. which contain, not only a very ac|curate description of all the various cabinets, and collections of natural history, to which I have al|luded, but also an account of the several men of let|ters who have distinguished themselves in Germany, Swisserland, and the south of France. The inge|nious author proposes favouring the world with two additional volumes upon the same subjects, relating to Italy.