463] ASPECTS OF THE PLEBISCITE 1 65 



entre ces deux partis, il leur sera accorde dix-huit mois de 

 delai. . . ."-« 



We have here then for the first time the expressed recog- 

 nition of the principle of sovereignty and allegiance as the 

 guiding motive for the granting of the right of emigration. 

 With the advent of the French Revolution and the recogni- 

 tion by revolutionary France of the principle of national 

 self -definition by way of a plebiscite the majority decision 

 was made binding on the minority in the territories thus 

 annexed to France. In the annexations of the period of 

 1798-1805, France accepted the grant of option. In the 

 Treaty of January, 1798, by which the inhabitants of the 

 German city of Miilhausen were declared " born French- 

 men," the right of emigration was given to those who re- 

 fused to accept the rule of France. The decision for emi- 

 gration had to be reached within one year, while three 

 years were allowed to carry the decision into effect.-^ The 

 same provision was made in the Treaty of April 26, 1798, 

 by which Geneva was annexed to France.^® However, the 

 annexations during the time of the Consulate and the Em- 

 pire were effected without consideration of the wishes of 

 the population and without option.^^ 



The principle of option was recognized in the territorial 

 settlement of the second Peace of Paris of November 20, 

 1815. Article VII reads: 



In all countries which shall change Sovereigns, as well in virtue 

 of the present Treaty as of the arrangements which are to be made 

 in consequence thereof, a period of six years from the date of the 

 exchange of the Ratifications shall be allowed to the inhabitants, 

 natives or foreigners, of whatever condition and nation they may 

 be, to dispose of their property, if they should think fit so to do, 

 and to retire to whatever country they may choose. 3» 



The Treaty of Versailles of 1919 has embodied the prin- 

 ciple of option in favor of Germany in transfers of terri- 



2" Quoted from Stoerk, p. 100. 



27 Stoerk, p. 108. 



2« Ibid. 



2» Ibid., p. 109. 



80 Hertslct, vol. i, p. 348. 



