1 84 EMPLOYMENT OF THE PLEBISCITE \A^2 



old allegiance and of accession to France. But the same 

 republican France decreed the death sentence for anyone 

 speaking of and considering the cession of French soil to a 

 foreign power. ^■'' Even the French protest against the en- 

 forced cession of Alsace-Lorraine in 1871 was based, not on 

 the rights of the population of the territories concerned, 

 but on the violation of French territory.^" No government 

 could expect to survive which by its fundamental law would 

 consent in principle to a cession of territory by a vote of the 

 secessionists and propose the way and means for such ces- 

 sion by its recognition of the plebiscite, as long as such con- 

 sent might serve as an invitation to land-hungry neighbors 

 to take advantage of the situation thus created in order to 

 establish in the former state, through intrigue, plotting, and 

 intervention, a sentiment and disaffection with a view to 

 their own territorial aggrandizement. 



The new German Constitution of August 13, 1919, states 

 in Article 2 : " The territory of the nation consists of the 

 territories of the German States. Other territories may be 

 taken into the Government by national law, when their in- 

 habitants, by vote of self-determination, express such a 

 desire." Territorial adjustment of state boundaries within 

 the confines of the Republic, on the basis of popular refer- 

 enda, are provided for in Article 18. But the provision for 

 the change of frontiers of the Republic involving cession of 

 German territory to a foreign Power does not mention the 

 plebiscite. Article 78 reads in part: "Agreements with for- 

 eign States regarding change of national boimdaries may 

 be concluded by the nation on consent of the State involved. 

 Alterations of the boundaries may occur only on the basis 

 of a Government law [a federal law], except in cases 

 where mere correction of the boundaries of uninhabited 

 districts is in question." 



In the second part of the German counter proposals to 



'* See above, p. 79. note 105. On Sept. 25, 1792, the Convention 

 nationale decreed that " La Repuhlique frangaise est une et indi- 

 visible " (Arch, pari., ser. I, vol. Hi, p. 143). 



'8 See above, p. 53, note 78. 



