The first French Republic : $b A study of the origin and the contents of the declaration of the rights of man, of the constitution, and of the adoption of the republican form of government in 1792Conaway, Horace Mann
History
The first French Republic : $b A study of the origin and the contents of the declaration of the rights of man, of the constitution, and of the adoption of the republican form of government in 1792
Conaway, Horace Mann
Constitutional history -- France; France -- History -- Revolution, 1789-1799; Thesis (Ph. D.)
On July 9, 1789, M. Mounier, who had been charged by the Constituent
Assembly with the preparation of a scheme for a constitution, presented
a report in behalf of the committee, the first article of which reads:
“Tout gouvernement doit avoir pour unique but le maintien des droits des
hommes; d’où il suit que pour rappeller constamment le gouvernement au
but proposé, la constitution doit commencer par la déclaration des droits
naturels et imprescriptibles de l’homme.”[3] July 11, Lafayette proposed
the form of a Declaration of Rights, containing twelve articles, and
pointed out the advantages of such an instrument.[4] M. Lally Tollendal
approved this project, but argued that it was dangerous to adopt any
such articles separate from the Constitution; he at the same time called
the attention of the Assembly to the great difference between a new-born
colonial people, who were breaking with a distant government, and an old
nation extending over an immense territory, one of the first nations of
the world, which for eight centuries had obeyed the same dynasty and
had cherished the royal power when it had been tempered by custom. This
nation, he said, will idolize this power when it shall be regulated by
laws.[5] M. Lally Tollendal certainly believed that they were following
the American example.
July 14, Lafayette’s motion was discussed. Some thought the Declaration
should be put at the head of the Constitution, in order permanently to
secure the rights of man before establishing those of society; others
thought it should be placed after the Constitution. It was decided at
this session that the Constitution should contain a Declaration, but its
position was left for later decision.[6] Siéyès read his exposition of
the Rights of Man, on July 10, to the Constitutional Committee, and on
July 21, to the Assembly.[7] On July 17, M. Target presented a scheme of
thirty-one articles for a Declaration, and M. Mounier one of sixteen
articles.[8] On July 31, M. D. Servan, advocate to the Parlement of
Grenoble, presented a project of thirteen articles. August 1, a long
debate occurred upon the position to be given to the Declaration in the
Constitution. M. Thouret also offered a scheme for a Declaration. The
debate continued. On August 4, M. Camus proposed that the Assembly make
a declaration of the rights and duties of man and of a citizen; but this
motion was defeated by a vote of 570 to 433.[9] However, at the same
session, it was decided almost unanimously that the Constitution should
be preceded by the Declaration. On August 12, Abbé Siéyès offered a
project of a Declaration of forty-two articles.[9]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account