The Declaration of the Rights of Man and of CitizensJellinek, Georg
History
The Declaration of the Rights of Man and of Citizens
Jellinek, Georg
Constitutional history -- France; Constitutional history -- United States; Natural law
[Footnote 27: _Recueil des loix constitutives des colonies anglaises,
confederees sous la denomination d'Etats-Unis de l'Amerique-Septentrionale.
Dedie a M. le Docteur Franklin. En suisse, chez les libraires associes._]
[Footnote 28: _Cf._ Ch. Borgeaud, _Etablissement et revision des
constitutions en Amerique et en Europe_, Paris, 1893, p. 27.]
[Footnote 29: Especially the exceptional work of James Bryce, _The
American Commonwealth_, Vol I, Part II., The State Governments; Boutmy,
_Etudes de droit constitutionnel, 2me ed._, Paris, 1895, pp. 83 _et
seq._; and Borgeaud, _loc. cit._, pp. 28 _et seq._]
[Footnote 30: _The Federal and State Constitutions, Colonial Charters,
and other Organic Laws of the United States._ Compiled by Ben: Perley
Poore. Two vols., Washington, 1877. Only the most important documents of
the colonial period are included.]
[Footnote 31: This is not quite clear even to the best French authority
on American history, Laboulaye, as is evident from his treatment of the
subject, _Histoire des Etats-Unis_, II, p. 11.]
[Footnote 32: _Cf. Arch. Parl._, VIII, pp. 461-489.]
CHAPTER IV.
VIRGINIA'S BILL OF RIGHTS AND THOSE OF THE OTHER NORTH AMERICAN STATES.
The Congress of the colonies, which were already resolved upon
separation from the mother country, while sitting in Philadelphia issued
on May 15, 1776, an appeal to its constituents to give themselves
constitutions. Of the thirteen states that originally made up the Union,
eleven had responded to this appeal before the outbreak of the French
Revolution. Two retained the colonial charters that had been granted
them by the English crown, and invested these documents with the
character of constitutions, namely, Connecticut the charter of 1662, and
Rhode Island that of 1663, so that these charters are the oldest written
constitutions in the modern sense.[33]
Of the other states Virginia was the first to enact a constitution in
the convention which met at Williamsburg from May 6 to June 29, 1776. It
was prefaced with a formal "bill of rights",[34] which had been adopted
by the convention on the twelfth of June. The author of this document
was George Mason, although Madison exercised a decided influence upon
the form that was finally adopted.[35] This declaration of Virginia's
served as a pattern for all the others, even for that of the Congress of
the United States, which was issued three weeks later, and, as is well
known, was drawn up by Jefferson, a citizen of Virginia. In the other
declarations there were many stipulations formulated somewhat
differently, and also many new particulars were added.[36]
Express declarations of rights had been formulated after Virginia's
before 1789 in the constitutions of
Pennsylvania of September 28, 1776,
Maryland of November 11, 1776,
North Carolina of December 18, 1776,
Vermont of July 8, 1777,[37]
Massachusetts of March 2, 1780,
New Hampshire of October 31, 1783, (in force June 2, 1784.)
Public-domain text, read in full here on John Shaqi.
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