Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
In fitful mood, another Declaration of Rights was brought forward
by Condorcet. February 15, 1793. Here are fresh inculcations of
Equality. Article First places Equality among the natural, civil,
and political rights of man. Article Seventh declares: "Equality
consists in this, that each individual can enjoy the same rights."
Article Eighth: "_The law ought to be equal for all_, whether it
recompense or punish, whether it protect or repress." Article Ninth:
"All citizens are admissible to all public places, employments, and
functions. Free people know no other motives of preference in their
choice than talents and virtues." Article Twenty-third: "Instruction
is the need of all, and society owes it equally to all its members."
Article Thirty-second: "There is oppression, when a law violates the
natural, civil, and political rights which it ought to guaranty. There
is oppression, when the law is violated by the public functionaries
in its application to individual cases."[20] Here again is the same
constant testimony, reinforced by the accompanying report explaining
the Constitution, where it is said: "All hereditary political power is
at the same time an evident violation of natural equality and an absurd
institution, since it supposes the inheritance of qualities proper for
the discharge of a public function. Every exception to the common law
made in favor of an individual is a blow struck at the rights of all."
And in another part of the same report, "the sovereignty of the people,
_equality among men_, the unity of the Republic," are declared to have
been "the guiding principles always present in the formation of the
Constitution."[21]
[20] Moniteur, 1793, No. 49.
[21] Exposition des Principes et des Motifs du Plan de
Constitution: Condorcet, OEuvres, Tom. XII. pp. 336, 413.
Next came the Constitution of June, 1793, announcing, in its second
article, that the natural and imprescriptible rights of men are
"_Equality_, liberty, security, property." In the next article we
learn precisely what is meant by Equality, when it says, "All men are
equal by nature _and before the law_."[22] So just and captivating was
this definition, which we encounter here for the first time, that it
held its place through all the political vicissitudes of France, under
the Directory, the Consulate, the Empire, the Restoration, and the
Constitutional Government of Louis Philippe. It was a conquest which,
when achieved, was never abandoned. Every Charter and Constitution
certified to it. The Charter of Louis Philippe testifies as follows:
"Frenchmen are _equal before the law_, whatever may be their titles
and ranks."[23] Nor was its use confined to France. It passed into
other constitutions, and Napoleon, who so often trampled on the rights
of Equality, dictated to the Poles the declaration, that _all persons
are equal before the law_. Thus the phrase is not only French, but
Continental, although never English.
Public-domain text, read in full here on John Shaqi.
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