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Updated: June 13, 2025
In the year 297 an increase of the tribunes from four to ten was sanctioned a very dubious gain; and in the following year, by an Icilian -plebiscitum- which was admitted among the sworn privileges of the plebs, the Aventine, which had hitherto been a temple-grove and uninhabited, was distributed among the poorer burgesses as sites for buildings in heritable occupancy.
II. I. Senate, II. I. Senate, II. III. Opposition of the Patriciate II. III. Equivalence Law and Plebiscitum
Two of the most important arrangements the introduction of the plebeian assembly of tribes, and the placing of the -plebiscitum- on a level, although conditionally, with the formal law sanctioned by the whole community are to be referred, the former certainly, the latter probably, to the proposal of Volero Publilius the tribune of the people in 283.
In the year 297 an increase of the tribunes from four to ten was sanctioned a very dubious gain; and in the following year, by an Icilian -plebiscitum- which was admitted among the sworn privileges of the plebs, the Aventine, which had hitherto been a temple-grove and uninhabited, was distributed among the poorer burgesses as sites for buildings in heritable occupancy.
The plebiscitum, which is simply an appeal to the people outside of government, is not valid when the government has not lapsed, either by its usurpations or by its dissolution, nor is it valid either in the case of a province, or of a population that has no organic existence as an independent sovereign state.
A suffrage committee, having no political authority, drew up and presented a new constitution of government to the people, plead a plebiscitum in its favor, and claimed the officers elected under it as the legally elected officers of the state.
But the secession ordinances were in every instance passed by the people of the State in convention legally assembled, therefore by them in their highest State capacity in the same capacity in which they ordain and ratify the State constitution itself; and in nearly all the States they were in addition ratified and confirmed, if the facts have been correctly reported, by a genuine plebiscitum, or direct vote of the people.
As to the adjustment of the senatorial list undoubtedly the enactment of the Ovinian -plebiscitum- exercised a material share of influence that the censors should admit to the senate "the best men out of all classes." II. III. The Burgess-Body. Its Composition II. III. Complete Opening Up of Magistracies and Priesthoods II. III. Restrictions as to the Accumulation and the Reoccupation of Offices
A few days later, twenty-one of the insurgent leaders were arrested, Pyat being among them, though nothing was done in regard to Flourens and Blanqui, both of whom had figured prominently in the affair. On November 3 we had a plebiscitum, the question put to the Parisians being: "Does the population of Paris, yes or no, maintain the powers of the Government of National Defence?"
But the plebiscitum cannot be legally appealed to or be valid when and where there is a legal government existing and in the full exercise of its constitutional functions, as was decided by the Supreme Court of the United States in a case growing out of what is known as the Dorr rebellion in Rhode Island.
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