When legislation takes place on some important economic issue it will
be framed, as a rule, on abstract lines disregarding the past, and in
many ways ignoring general convenience. There is in this way little
evolution in the growth of the French constitution, and an old law may
exist unmodified so long that when change comes it is so out of date
that it must be swept away. The Revolution cut down to the roots the
rotten tree of unregenerate feudalism, and planted in its place a
sapling which has to conform to the essential requirements of
progress; it must be trimmed and lopped, and must put forth new growth
in order that it too, in the effluxion of time, may not become as
unsuited to modern needs as its predecessor.
In August 1789 the first Republican Parliament wrote down certain
cardinal matters relating to the welfare and freedom of the individual
and called it the Declaration of the Rights of Man and of the Citizen.
Thirteen years before this the United States of North America had
drawn up their Declaration of Independence, and no doubt this
inspired those who framed the more compactly worded document. In their
seventeen brief articles French Republicans, in an age when ideas of
freedom had fertilised both sides of the Atlantic, boldly and simply
stated their new-born beliefs, commencing with the assertion that "All
men are born and remain free and have equal rights." In _Article 2_
they stated that "the object of all political groupings is the
preservation of the natural, inalienable, and sacred rights of man,"
those rights being "liberty, property, security, and the right to
resist oppression." Although possessing the last-mentioned power, it
has already been pointed out that the people are slow to make use of
it. The nation likewise fails to carry out the spirit of _Article 9_,
which says, "As a man is deemed innocent until he shall have been
declared guilty should it be necessary to arrest him no rigour that is
not essential for the securing of his person shall be tolerated by the
law." In the final--the 17th--Article there is food for thought for
the Socialist, for it is there stated that property is "an inviolable
and sacred right," followed by the qualifying sentence, "No man may be
deprived of it, unless public interest demand it evidently and
according to the Law, provided, moreover, that a fair indemnity be
first paid to him." Even the most civilised of peoples are still a
good deal short of that high degree of wisdom and goodness which will
make every man competent and willing to be his brother's keeper, and
it is therefore probable that for some time to come _Article 17_ will
stand as a living part of the French Constitution. It is interesting
to remember that in the Declaration of 1789 the right of Habeas Corpus
was first established in France, while it had been on the statute book
of England for over a century, and would have been there some time
before but for repeated rejections by the House of Lords.
Public-domain text, read in full here on John Shaqi.
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