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.)
August 21, M. de Boislander proposed a plan of seventy-four articles.
August 22, after divers proposals had been made and discussed, articles
seven, eight, and nine were adopted.[15] August 23, after many proposals
and lengthy debate, article ten was agreed upon. August 24, a liberal
discussion of the phraseology resulted in the adoption of articles
eleven, twelve, and thirteen.[16] August 26, after some discussion,
articles fourteen and fifteen were accepted; later in the same day,
articles sixteen and seventeen were agreed upon.[17] Then the Assembly
resolved that the consideration of further articles should be postponed
until the Constitution should be completed.[18] October 2, the articles
previously adopted were presented to the Assembly, with article four
changed from “La liberté consiste à faire tout ce qui ne nuit pas à
autrui,” to “La liberté consiste à pouvoir faire tout” etc. The change
was accepted. The whole Constitution was presented to the king September
13, 1791, and accepted by him. In the Assembly, September 14, the king
swore to obey the constitution.[19]
These are the facts of historical data relating to the formation of the
Declaration of the Rights of Man purposely set forth in detail and in
chronological order. What conclusions may we draw from them? The frequent
reference to the American Bill of Rights, the number of Declarations
proposed in _cahiers_ and before the Assembly, differing in form and in
length, but agreeing in fundamental principles, the discussions, the
selections and the modifications to which this raw material was subjected
in the process of constructing the Declaration finally adopted, warrant
these two inferences: (1) the notion of a Declaration of Rights, separate
from the Constitution proper, was suggested to the French by the American
State Constitutions; (2) the contents of the articles and the language in
which they were couched were original.
A study of the separate articles of the Declaration in the light of
contemporary conditions gives additional reason for thinking that the
ideas therein contained were not foreign to France. For convenience of
consideration in the present study, the articles of the Declaration may
be divided into two classes: the first class consists of those articles
that were in the main reactive against certain abuses under which the
French suffered; the second class comprises those articles which
contained principles more especially theoretical. Less proof, perhaps, is
necessary for deciding upon the originality of the former class than upon
that of the latter. We shall treat these classes in the order named.
“Art. 7. No person shall be accused, arrested or imprisoned except in the
cases and according to the forms prescribed by law. Any one soliciting,
transmitting, executing, or causing to be executed any arbitrary order
shall be punished. But any citizen summoned or arrested in virtue of the
law shall submit without delay, as resistance constitutes an offense.
Public-domain text, read in full here on John Shaqi.
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