Produced by Bryan Ness, Graeme Mackreth and the Online Distributed Proofreading Team at https://www.pgdp.net (This book was produced from scanned images of public domain material from the Google Print project.) THE DECLARATION OF THE RIGHTS OF MAN AND OF CITIZENS _A Contribution to Modern Constitutional History_ BY GEORG JELLINEK, DR. PHIL. ET JUR. _Professor of Law in the University of Heidelberg AUTHORIZED TRANSLATION FROM THE GERMAN_ BY MAX FARRAND, PH.D. _Professor of History in Wesleyan University_ _REVISED BY THE AUTHOR_ [Illustration] NEW YORK HENRY HOLT AND COMPANY 1901 Copyright, 1901. BY HENRY HOLT & CO. ROBERT DRUMMOND, PRINTER, NEW YORK. TRANSLATOR'S PREFACE. Although several years have elapsed since this essay was published, it has apparently come to the attention of only a few specialists, and those almost exclusively in modern European history. It deserves consideration by all students of history, and it is of special importance to those who are interested in the early constitutional history of the United States, for it traces the origin of the enactment of bills of rights. In the hope that it will be brought before a larger number of students who realize the significance of this question and who appreciate genuine scholarly work, this essay is now translated. M.F. WESLEYAN UNIVERSITY, MIDDLETOWN, CT., _March 1, 1901_. TABLE OF CONTENTS. CHAPTER PAGE I. THE FRENCH DECLARATION OF RIGHTS OF AUGUST 26, 1789, AND ITS SIGNIFICANCE 1 II. ROUSSEAU'S "CONTRAT SOCIAL" WAS NOT THE SOURCE OF THIS DECLARATION 8 III. THE BILLS OF RIGHTS OF THE INDIVIDUAL STATES OF THE NORTH AMERICAN UNION WERE ITS MODELS 13 IV. VIRGINIA'S BILL OF RIGHTS AND THOSE OF THE OTHER NORTH AMERICAN STATES 22 V. COMPARISON OF THE FRENCH AND AMERICAN DECLARATIONS 27 VI. THE CONTRAST BETWEEN THE AMERICAN AND ENGLISH DECLARATIONS OF RIGHTS 43 VII. RELIGIOUS LIBERTY IN THE ANGLO-AMERICAN COLONIES THE SOURCE OF THE IDEA OF ESTABLISHING BY LAW A UNIVERSAL RIGHT OF MAN 59 VIII. THE CREATION OF A SYSTEM OF RIGHTS OF MAN AND OF CITIZENS DURING THE AMERICAN REVOLUTION 78 IX. THE RIGHTS OF MAN AND THE TEUTONIC CONCEPTION OF RIGHT 90 THE DECLARATION OF THE RIGHTS OF MAN AND OF CITIZENS. CHAPTER I. THE FRENCH DECLARATION OF RIGHTS OF AUGUST 26, 1789, AND ITS SIGNIFICANCE.