We can see in Switzerland how the State is born of the mark. The political association is developed on the basis of theeconomic, agrarian association of the allmend . In primitive times a tribe of Germans ( Alemannen ) settled in the valleys ofSchwytz. In the twelfth century, when documents first notice this group of free men, on the occasion of a dispute with thecloister of Einsideln as to the limits of their mark , they occupied the valley of the Muta, the Sihl, and the Alb. They formed a markgenossenschaft , a society of commoners sharing as joint patrimony Allmends of great extent, the remnant of which atthe present day is still called Oberallmeind . In the valley of Arth, another group occupied the villages of Arth, Goldau,Busingen, Röthen and Lauerz. This group also formed a small independent State, which possessed a common domain, the Unterallmeind . The Unterallmeind also exists to this day: it comprises cultivated land, forest and alp, and amongst the restall the southern portion of the Rigi. Gersau, with its Allmend , likewise constituted an independent state, a republic, which in1390 was exempted from all suzerainty, on payment of 690 pfund pfenninge , and was only united to Schwytz in 1817 by afree convention. (11)
In the Baden district, as formerly in Alsace, the Allmends were as extensive as in Switzerland; and the system of allotmentto which they were subjected was the same. In the plain of Baden and the Rhine valley, the share of an ***** member wastwo or three morgen (from 1.2 to 1.8 acres). In certain villages, such as Heddesheim and Landenbach, it was as much as five morgen . (12) The enjoyment of the parcels of arable was seldom granted for more than a very short term. A fresh partition waseffected every year, or in some places every three years. It followed that the soil was not cultivated with the necessary care,as the holder was not certain of retaining his possession. Rau, from whom these details are borrowed, regards the Allmends with great favour. According to him, the motive, which leads to the sale of common lands, viz. the greater produce whichindividual owners would derive from them, does not exist here, because the Allmends are already under cultivation, and, as arule, are well farmed. The system, he says, affords this very important advantage, that it provides a valuable resource forindigent families, and preserves them at least from the last extremity of distress. Rau entreats the communes to retain theircommon arable lands; and quotes cases where the final division of these Lands has led to most mischievous results. (13) Heproceeds to offer advice as to the mode of regulating the partition of the Allmends . According to his view, each familyshould have an equal share; but every one should pay a certain proportional rent, the produce of which should be used toindemnify such members as cannot cultivate their part. The enjoyment should be secured for a term of considerable length,and might be for the life of the occupant. A fault to be avoided is the division of the share of any occupant into too manyparcels, which is often detrimental to agriculture. When a lot returns to the common stock for re-apportionment, theoutgoing occupant, or his family, if he be dead, should be compensated for the improvements executed by him, for manure,drainage, enclosures, and plantations, that the land may not be neglected during the last years of occupancy. This is aprecaution of great importance, which is almost everywhere neglected, and which the inhabitants should endeavour tointroduce into the rules of all Allmends .
According to information which the author owes to M. Karl Bücher, who intends devoting a special treatise to the subject,the Allmends still occupy a much greater area in Southern Germany than is generally supposed. They extend as far as Hesse,where they are often constituted on less exclusive principles than in Switzerland. Not only the hereditary burgesses, but allinhabitants, are entitled to a share in the collective property. For instance, the system in force in the small town ofReppenheim, which numbers some 5,000 inhabitants, entitles every inhabitant, after four years continuous residence, to thebenefits of the allmend . The whole extent occupied by each family is about four Hessian morgen, or about a hectare. Themembers cannot claim their share immediately on their marriage or coming of age, but must wait eight years, and then onlyhave a quarter of their entire share. The remainder is granted them from time to time, so that they obtain the full enjoymentwhen nearly sixty years of age. Every inhabitant may send a cow and some goats on to the common pasturage. He alsoreceives two cubic metres of timber, and one hundred fagots; and if he grows tobacco on his plot of arable, the produce issufficient for his whole maintenance. It follows from this system that there is no pauperism, and that the aged are alwaysmaintained by their relatives. For the right of occupation is extinguished by their death. In the organization of the allmend ,the death of the parents is a loss instead of being a gain, as it is made under the system of quiritary succession. Accordingly,the former system tends to strengthen natural affection, while the latter has a contrary tendency. The lands of the allmend are not inferior to others in point of cultivation. Those in the neighbourhood of towns are, in fact, carefully cultivated asmarket gardens, and give very valuable returns. Thus collective property so organized will compare well in an economicpoint of view with private property.
1. The materials for this chapter were collected with the greatest difficulty. A visit to the villages of Berne, Oberland, andthe borders of the lake of the Four Cantons, was of no use to form a general view of the subject, as the customs wereeverywhere different. A few Swiss publications were of use; but England, France and Germany afford no information.
