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.)
Since the sixteenth century, France had been wrestling with the problem
of how to adjust two hostile faiths to each other. Farther to complicate
the matter, a schism occurred in the seventeenth century within the
Catholic Church, which aroused between Jesuits and the Jansenists a
feeling of intolerance, well-nigh as violent and determined as that
which already existed between the Catholics and the Huguenots. Even in
the eighteenth century intolerance, held in partial abeyance, frequently
broke out in overt acts, which displayed the vindictiveness of the
hostile parties. The philosophers, more interested in humanity than
in the prejudices of any faction, championed in the name of tolerance
the party persecuted. The new spirit gained support. The writings of
the latter half of the eighteenth century abound with denunciations of
intolerance and with pleas for tolerance.[23] By and by the movement was
fruitful, and on January 19, 1788, the _Parlement_ of Paris registered a
decree giving civil rights to Protestants.[24]
“Art. 11. The free communication of ideas and opinions is one of the most
precious of the rights of man. Every citizen may, accordingly, speak,
write, and print with freedom, but shall be responsible for the abuse of
this freedom as shall be defined by law.”
Here too is an attempt to secure permanently that for which a long
struggle had taken place. Two powers, the Church and Royalty, had
labored, now singly and now together, to regulate the expression of
ideas. The writing and the writer had been equally the object of royal
inclemency—the one being consigned to the flames, the other to prison.
But in spite of royal decrees, public sentiment gravitated towards
liberty of expression. In 1776, Malesherbes secured the opening of the
prisons of Vincennes and the Bastille for the release of prisoners held
under _Lettres de cachet_.[25] Again, in 1784, in response to Mirabeau’s
“_Lettres de cachet_,” the dungeons of Vincennes were opened.[26]
“Art. 12. The security of the rights of man and of the citizen requires
a public _force_. This _force_ is, therefore, established for the good
of all and not for the personal advantage of those to whom it shall be
entrusted.”
Public-domain text, read in full here on John Shaqi.
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