Subject: swiss german territory exchange - 1960's
Date: Nov 17, 2001 @ 09:32
Author: Brendan Whyte ("Brendan Whyte" <brwhyte@...>)
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B�SINGEN
Area: 7.62 km�
Population: 920 (c.1972)
Elevation: 390-485m
A small German town enclaved in Switzerland, only 700m from Germany along
the Gailingen road, the shortest route. It is surrounded on three sides by
Schaffhausen canton, with Zurich and Thurgau cantons across the unbridged
Rhine to the south.
Founded about 500 A.D, B�singen first appears in historical records in
1090, when Count Burkhard of Nellenburg donated two farmsteads there to All
Saints monastery in Schaffhausen. B�singen itself was pledged to the
monastery of St Katherinental in 1437. All Saints monastery was dissolved in
1529 as part of the Reformation, and B�singen passed to the Schaffhausen
junker family Im Thurn in 1535. By the end of the seventeenth century,
Erberhard Im Thurn was the local lord. His good relations with the Catholic
bishop of Constance [Konstanz] and Austrian authorities angered some of his
relatives in Schaffhausen, who together with the Schaffhausen council
plotted against him in what is termed the "First B�singen Affair". On 10
April 1693 Eberhard was kidnapped by six of his cousins, and was jailed in
Schaffhausen. Hapsburg Emperor Leopold I demanded his release, but to no
avail. In response Austria, which held lands in what is now southern
Baden-W�rttemberg, took control of the villages in the Hegau, immediately
north and east of Schaffhausen town in 1698. In failing health, and with
loss of his privileges Eberhard was finally released at the end of 1699. In
1723 Austria offered Schaffhausen the chance to redeem the villages for an
enormous price., all except B�singen which was purposefully retained as
punishment. B�singen thus became an "eternal nuisance", and officially
Austrian. Subsequent attempts by Schaffhausen to redeem B�singen were
rebuffed. A 1731 map of B�singen exists, resulting from a delimitation of
the boundary subsequent to 1723.
French troops occupied the area in 1794, the village being forced to
quarter them. In April 1799 Austria reconquered the enclave, then abandoned
it to their Russian allies that July. In May 1800 France again wrested
possession of the area, and B�singen subsequently fell to W�rttemberg by
Article 8 of the Peace of Pressburg of 26 December 1805 between Austria and
France (for the French text of this treaty see Parry, 1969-, v58, 339-49).
It then passed to the Grand Duchy of Baden by a convention signed at Paris
between Baden and W�rttemberg on 2 October 1810 (for the German text of this
treaty see Parry, 1969-, v61, 243-50; an extract in English is given by
Hertslet, 1875, 2026-8). Attempting to obtain the village at the Congress of
Vienna in 1815, the Schaffhausen city elders issued a M�moire demonstrating
the close economic ties of the enclave with their canton, but their
representative, that of Zurich, became annoyed with the elders and refused
to press their case, and B�singen remained with Baden. Following a
Swiss-Baden boundary treaty signed at Carlsruhe on 1 March 1839, the
boundary of Schaffhausen and B�singen were demarcated (for a Gothic-script
German text of the treaty, see Parry, 1969-, v88, 331-340, esp Art 19
p337).
In July 1849, a revolt in the enclave caused the Baden authorities to
order the steamship Helvetia to sail down the Rhine with 170 Hessian troops
to crush the uprising in what is termed the "Second B�singen Affair". The
Hessians disembarked, arrested three rebel leaders, and were about to
reboard when they found themselves surrounded by Swiss soldiers defending
against the Hessian violation of Swiss neutrality, which had been guaranteed
in 1815. The stand-off escalated until a total of 54,000 troops were
mobilised on both sides. In a compromise, Germany admitted its troops were
only there to suppress the rebellion and not violate Swiss neutrality, and
the Swiss escorted the troops to the Baden border, where they were released.
A further frontier treaty, signed at Stuttgart on 20 October and at Zurich
on 31 October 1854, made the middle of the Rhine the boundary between Baden
and Canton Thurgau, along the three separate sections where the two polities
meet, one being B�singen. As a consequence of this, a sliver of territory on
the left bank of the Rhine opposite B�singen became part of Thurgau. The
land so adjusted is called Scharrenweise [Schaarenrois], a meadow bounded by
the Schaaren forest on the inside curve of the river (For German and French
texts of the treaty text see Parry, 1969-, v112, 251-8. Hertslet, 1875,
1219-20, gives an English summary).
As the nineteenth century progressed, the residents of B�singen themselves
pressed for union with Schaffhausen, particularly around the time Baden
joined the German Empire in 1871. Originally desiring economic integration,
the residents' desires evolved into a desire for political integration into
Switzerland also. This desire was forced upon them by economic necessity, as
from 1835 the enclave was left outside the German customs union, so that
whether sending goods to Germany or to Switzerland, the enclave was subject
to duties that made its produce and wares all but uncompetitive, and in fact
destroyed its wine industry. It only survived by "variable and uncertain"
Swiss concessions.
Baden and Switzerland signed a tariff agreement in 1852, abolishing duties
on goods in transit between local villages. The Im Thurn family lost their
position as local rulers in 1854. In 1891 Switzerland raised its tariffs,
and a second accord on 21 September 1895 granted concessions to B�singen
produce destined for Germany and Switzerland. These agreements improved
trade and the economic situation of the village, but did not orient its
economy away from Schaffhausen and towards Germany as Baden desired.
Again in the aftermath of the First World War, the residents pressed Swiss
authorities to negotiate with the Weimar government, but no action was
taken. Frustrated, the residents tried to separate themselves from Germany
by force, but German police quickly swamped the village. Seeking work in
Schaffhausen, the enclave residents, as foreigners, were the first laid off
when the Great Depression hit, increasing discontent. Another request to
Berlin for cession in 1931, even for an equivalent amount of Swiss land, was
ignored, and German attempts to industrialise the enclave failed due to the
Swiss customs barrier, and distance from materials and markets. The Second
World War's end brought another opportunity for negotiations, but although
Schaffhausen continued to side with the enclave residents, the central Swiss
authorities refused to consider the issue, arguing that any negotiations
would have to be made with a completely sovereign and independent Germany.
The enclave's mayor of the time, B�rgermeister Hugo, who was petitioning the
World Court for German cession to Switzerland, was removed by embarrassed
authorities at Constance.
Meanwhile, the French, who occupied southern Germany in the wake of the
war, were pressuring Switzerland for access to allow their troops to
maintain order in the enclave. After the Second B�singen Affair, Switzerland
had effectively denied foreign military passage through its territory, even
to the enclaves of B�singen and Campione d'Italia. While against granting
access to French occupation troops, the Swiss were equally worried about
B�singen becoming a haven for war criminals. By the "Bern Agreement" of
November 1945, Switzerland granted special access for up to ten "armed and
uniformed" French soldiers at a time, and requiring Schaffhausen to supply
the enclave with food. The agreement became obsolete with the establishment
of the Federal Republic of Germany (West Germany) in 1949, but not before
further negotiations by the French raised the Swiss customs cordon from the
enclave on 1 January 1947, placing the enclave inside the Swiss customs
area).
Negotiations over access to, and the final status of, B�singen were
completed by the B�singen State Treaty between Germany and Switzerland,
signed 23 November 1964 and ratified 19 July 1967 (for the German text see
Bundesgesetzblatt, 1967, 2040-3. This treaty confirmed the customs
arrangements of 1947. German and Swiss citizens can freely move between the
enclave and their home countries. German police and civil officials face
some restrictions, but in general can enter and leave B�singen by any route,
bring in any equipment necessary, and arrest non-Swiss citizens for
transport to Germany proper. The treaty does not mention military access,
but Article 32 is broadly worded, and permits the movement of "uniformed"
and "armed" authorities.
Being in the Swiss customs zone, B�singen became part of EFTA, unlike the
rest of Germany, and remains outside the European Unions customs
jurisdiction. Swiss currency is used. Germany sovereignty is upheld, but
Swiss law predominates in many areas, and Swiss authorities can prosecute
German nationals for offences against applicable Swiss laws, as long as
these do not violate guaranteed freedoms under the German constitution.
Swiss laws apply particularly in the areas of agriculture and public health,
including food and drug controls. Switzerland is responsible for economic
support of the enclave in case of war or other emergencies. B�singen
residents have the right to work in Switzerland. To prevent abuse of the
privilege, this is only available to German citizens with several years
residency in the enclave.
Germans passing through Switzerland to B�singen must conform to Swiss
customs laws at the main Swiss-German boundary, and B�singen residents
passing to Germany proper are treated as Swiss citizens at the main
boundary, although any customs restrictions do not apply to persons
relocating to or from Germany. B�singen residents can thus claim a refund on
Value Added Tax paid on purchases in Germany proper.
Postal, telephone and telegraphic services are German-operated, but paid
for in Swiss francs. Domestic mail rates apply to Germany proper. Mail is
transported to Schaffhausen by Swiss authorities who then send it across the
frontier. Conversely, letters to Schaffhausen town or anywhere else in
Switzerland incur German foreign mail charges . Schaffhausen provides public
utilities: gas, water and electricity. To Germany is reserved the right of
taxation, conscription and electoral franchise. Residents do not
participate in Swiss national service requirements.
Currently the enclave possesses a kindergarten and elementary school.
Secondary and higher education is available in either Switzerland or Germany
without prejudice. Most opt for Switzerland to increase their chances of
employment there. The German government pays Switzerland for their tuition.
Most B�singen residents work in Switzerland, particularly Schaffhausen.
B�singen is also home to the European Nazarene College (EUNC), sponsored by
the free evangelical Church of the Nazarene. Training ministers for work in
Europe, it teaches in English. Students from 20 countries attend, and its BA
and MA courses are given in conjunction with MidAmerica Nazarene University
of Olathe, Kansas, USA, and the University of Manchester in England .
B�singen has little of tourist interest in itself. Between the town and
D�rflingen to the east is St Michael's church, mentioned in a letter by Pope
Urban on 8 October 1095. The Junkerhaus in the centre of town was residence
to the Im Thurn family, and from here Erberhard Im Thurn was kidnapped,
leading to the creation of the enclave. Walking and cycling trails link with
Germany and Switzerland, and there is swimming at a small beach on the
Rhine. As it is in the Swiss customs and monetary zones, there is perhaps
less novelty in visiting it compared to Ll�via or Baarle, particularly given
that Schaffhausen is so close. As this enclave was not visited during
fieldwork, I am unable to comment on visible differences, for example signs
and boundary marks, between the town and Switzerland.
The enclave is a Gemeinde within the German Land of Baden-W�rttemberg. The
burgomaster, currently Herr Gunnar Lang, is assisted by two vice-mayors and
a council of eight. The town administration has two addresses, telephone
numbers and fax numbers, one for each country. This even extends to
zip-codes:
Burgerhaus, Junkerstrasse 86, D-78266, B�singen, Germany ph
07734-9302-0, fax 07734-9302-50
Burgerhaus, Junkerstrasse 86, CH-8238, B�singen, Switzerland ph
052-63400-20, fax 052-63400-25
Transport connections utilise both Swiss and German systems. The nearest
railway station is in Schaffhausen, only 4km from the centre of B�singen
town. It has offices for both Swiss and German railways. The nearest airport
is Zurich, 45 minutes by car or train. Swiss buses run from Schaffhausen to
B�singen to D�rflingen, and German buses B�singen to Gailingen to
Gottmadingen to Singen.
To the north of B�singen, there existed until 1967 a further German
enclave, a single farm named Verenahof, of 428,732m� [~42.8ha, 0.428km�],
marked out with 45 boundary stones. Only 350m from the main boundary, it was
exchanged for equivalent Swiss territory, along the Schaffhausen -
Baden-W�rttemberg boundary, as part of a boundary rectification. Both
countries being federal in government, it was necessary that the exchange be
between the two affected component states (canton/Land) in each. For the
treaty, see Bundesgestzblatt, 1967, 2040-43 & nine attached maps at scales
of 1:1000 to 1:10,000. At the time of exchange, the farm was occupied by
three families, all Swiss citizens, and the property was exclusively owned
by Swiss. During World War Two, German law required German chimneys to be
cleaned by "German experts", so Verenahof, being too small to possess its
own sweeps, unlike B�singen town, had to send at considerable expense for
some, unable to employ neighbouring Swiss.


Notes:
Before 1967, Switzerland appears to have been responsible for post and
telecommunications

66 residents of Buesingen enclave died fighting for Germany in WW2.


References:
Parry, is a 140+ volume "Consolidated Tretay Series" availabe in larger
university libraries. c.1970s

Hertslett wrote a 4v. "Map of Europe by Treaty" in the 1800s.


BW

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