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The written law consists of statutes, plebiscites, senatusconsults, enactments of the Emperors, edicts of the magistrates, and answers of those learned in the law. 4 A statute is an enactment of the Roman people, which it used to make on the motion of a senatorial magistrate, as for instance a consul.
We would undo what Bismarck accomplished; for in destroying the unity of Germany we should destroy most of its power to reorganize after defeat. "France is not in favour of plebiscites, as the war was won not by a plebiscite but by a superior number of cannon. The plebiscite was a Wilson invention and France regards it passively.
Asked at Ellis Island what his nationality was a gloomy gentleman from Upper Silesia recently answered, "Plebiscite." And have there not been many babies born whose nationality has remained long in doubt, pending plebiscites and decisions of the Supreme Council? The plight of the plebiscite baby is, however, eclipsed by that of the Armistice one.
That was the first instalment of the price to be paid for the British Premier's tenderness for plebiscites, which the expert commissions deprecated as unnecessary, and which, as events proved in this case, were harmful. In the meanwhile Bolshevist some said German agents were stirring up the population by suasion and by terrorism until it finally began to ferment.
He seemed much pleased with Bulgaria as she is now; did not want a port, or talk about plebiscites, or the alleged nationality of those who dwell in the wildernesses of Macedonia. So it is, a people of few words and not much racial ambition is in power. The old diplomatists and politicians, the "bourgeois," as they are now called, are all in opposition.
Should the plebiscites prove unfavourable to her, or, as the tendency seems to be, should these plebiscites be disregarded, Germany would lose 13.5 per cent. of her population. Purely German territories have been forcibly wrenched from her. What has been done in the case of the Saar has no precedents in modern history.
One of the broken treaties of Europe which has been mentioned less frequently of late than the Belgian treaty is the treaty of Prague, by which a plebiscite was to have been taken on the subject of the nationality of Schleswig and Holstein. That plebiscite has never been taken. It may have to be taken, with other plebiscites, before this war is settled. *German Unity Inviolable.*
The political people is no passive, sluggish mass, no mere object for the efforts of the state at government or protective welfare work ... The great misconception of the democracies is that they can see the active participation of the people only in the form of plebiscites according to the principle of majority.
It followed it after the first Revolution, when Bonaparte was acclaimed, and again when, despite opposition, four successive plebiscites raised Louis Napoleon to the head of the republic, ratified his coup d'etat, re-established the Empire, and in 1870, before the war, approved of his rule. Doubtless in these last instances the people was deceived.
If plebiscites stand in the way of a real policy in Europe they ought to be disregarded. As regards questions such as that of the Ruhr Valley occupation France is ready to take any avenue which leads to a furtherance of her fundamental policy. The saddling of Germany with an immense indemnity is primarily necessary in order to pay off the war debts of France and Britain to the United States.
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