may be forced to do anything not | abstract; a man is never provided for by law.” | considered as an individual | nor an action as an individual | action.”[57] | “6. Law is the expression of the | “By whatever path we return to general will. Every citizen has a | the principle, we always reach right to participate personally | the same conclusion; that the or through his representatives in | social compact establishes its formation. It must be the same | among citizens such an equality for all, whether it protects or | that they all engage under the punishes. All citizens, being | same conditions, and should equal in the eyes of the law, are | enjoy the same rights. Thus by equally eligible to all dignities | the nature of the agreement, and to all public positions and | an act of sovereignty, that is, occupations, according to their | any authentic act of the general abilities and without distinction | will, obliges or favors equally except that of their virtues and | all citizens; so that the talents.” | sovereign knows only the body of | the nation and distinguishes no | one of those composing it.”[58] The Physiocrats also had, in a measure, advocated these principles. Both Quesnay and Turgot expressed themselves unequivocally for the protection of private property.[59] Let it be asserted with the strongest emphasis that these six articles were not merely the expression of theories. They had an intensely practical genesis, for they were the slowly-matured product of a reaction against a long-felt vexatious regime. That regime had interfered with private property and with individual action in such ways as to be grievous, yes, intensely grievous to the people. “Art. 16. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all.” The theory of the separation of powers was one idea taught by Montesquieu[60] that had been gradually accepted by his countrymen. He was studied by the would-be-publicists of the Revolutionary era, and much stress was put upon this constitutional principle. The Constitution which they formed is the best example of the thorough application of this impracticable doctrine.[61]