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Updated: June 13, 2025


When Louis Napoleon made his appeal to a vote of the French people, he made an appeal to a people existing as a sovereign people, and a sovereign people without a legal government. In his case the plebiscitum was proper and sufficient, even if it be conceded that it was through his own fault that France at the moment was found without a legal government.

The real danger of the practice is, that it tends to create a conviction that sovereignty inheres in the people individually, or as population, not as the body politic or organic people attached to a sovereign domain; and the people who organize under a plebiscitum are not, till organized and admitted into the Union, an organic or a political people at all.

In May, 1910, within such period of limitation, by act of legislature, supplemented by a plebiscitum of the people and the executive action of Governor Haskell, the capital was removed to Oklahoma City, and the State seal conveyed there surreptitiously, in spite of the injunction of a Federal district court. A more beautiful American constitutional question could hardly be presented.

The Ogulnian law of 454 accordingly threw these also open to plebeians, by increasing the number both of the pontifices and of the augurs from six to nine, and equally distributing the stalls in the two colleges between patricians and plebeians. Equivalence of Law and Plebiscitum

It was not the nation which elevated him to supreme power, but his soldiers. At no time would any legitimate Parliament, or any popular voice, have made him an absolute ruler. He could not even have got a plebiscitum, as Louis Napoleon did.

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.

And yet there was everywhere in France that indefinable anxiety which precedes great social convulsions. The plebiscitum had not succeeded in restoring confidence. Every day the most alarming rumors were put in circulation and it was with a sort of passion that people went in quest of news. Now, M. Costeclar was a wonderfully well-posted man.

Anxious to give a coloring of right to his brigandage, he resolved, according to the fashion of his Imperial patron and accomplice, to hold a plebiscitum. In the city of Rome, with the help of his numerous assemblage of vagrants, he had forty thousand votes, whilst against him there were only forty-six. Something similar was done in the landward part of the Roman State.

Piedmontese bayonets and four millions of Piedmontese gold had won for him the plebiscitum of which he was so proud.

One hapless innkeeper only tried to carry out in practice the principles which the deputation from his guild had so eloquently advocated; and being convicted of giving away bread in the morning to the Nitrian monks, and wine in the evening to the Prefect's guards, had his tavern gutted, and his head broken by a joint plebiscitum of both the parties whom he had conciliated, who afterwards fought a little together, and then, luckily for the general peace, mutually ran away from each other.

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