Declaration of the Rights of
Man
and of the Citizen
Approved by the National Assembly
of France,
August 26, 1789
The
representatives of the French people, organized as a
National Assembly, believing that the ignorance, neglect,
or contempt of the rights of man are the sole cause of
public calamities and of the corruption of governments,
have determined to set forth in a solemn declaration the
natural, unalienable, and sacred rights of man, in order
that this declaration, being constantly before all the
members of the Social body, shall remind them continually
of their rights and duties; in order that the acts of the
legislative power, as well as those of the executive
power, may be compared at any moment with the objects and
purposes of all political institutions and may thus be
more respected, and, lastly, in order that the grievances
of the citizens, based hereafter upon simple and
incontestable principles, shall tend to the maintenance
of the constitution and redound to the happiness of all.
Therefore
the National Assembly recognizes and proclaims, in the
presence and under the auspices of the Supreme Being, the
following rights of man and of the citizen:
Articles:
- Men are born and remain
free and equal in rights. Social distinctions may
be founded only upon the general good.
- The aim of all political
association is the preservation of the natural
and imprescriptible rights of man. These rights
are liberty, property, security, and resistance
to oppression.
- The principle of all
sovereignty resides essentially in the nation. No
body nor individual may exercise any authority
which does not proceed directly from the nation.
- Liberty consists in the
freedom to do everything which injures no one
else; hence the exercise of the natural rights of
each man has no limits except those which assure
to the other members of the society the enjoyment
of the same rights. These limits can only be
determined by law.
- Law can only prohibit such
actions as are hurtful to society. Nothing may be
prevented which is not forbidden by law, and no
one may be forced to do anything not provided for
by law.
- Law is the expression of
the general will. Every citizen has a right to
participate personally, or through his
representative, in its foundation. It must be the
same for all, whether it protects or punishes.
All citizens, being equal in the eyes of the law,
are equally eligible to all dignities and to all
public positions and occupations, according to
their abilities, and without distinction except
that of their virtues and talents.
- 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.
- The law shall provide for
such punishments only as are strictly and
obviously necessary, and no one shall suffer
punishment except it be legally inflicted in
virtue of a law passed and promulgated before the
commission of the offense.
- As all persons are held
innocent until they shall have been declared
guilty, if arrest shall be deemed indispensable,
all harshness not essential to the securing of
the prisoner's person shall be severely repressed
by law.
- No one shall be disquieted
on account of his opinions, including his
religious views, provided their manifestation
does not disturb the public order established by
law.
- 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 such abuses
of this freedom as shall be defined by law.
- The security of the rights
of man and of the citizen requires public
military forces. These forces are, therefore,
established for the good of all and not for the
personal advantage of those to whom they shall be
intrusted.
- A common contribution is
essential for the maintenance of the public
forces and for the cost of administration. This
should be equitably distributed among all the
citizens in proportion to their means.
- All the citizens have a
right to decide, either personally or by their
representatives, as to the necessity of the
public contribution; to grant this freely; to
know to what uses it is put; and to fix the
proportion, the mode of assessment and of
collection and the duration of the taxes.
- Society has the right to
require of every public agent an account of his
administration.
- A society in which the
observance of the law is not assured, nor the
separation of powers defined, has no constitution
at all.
- Since property is an
inviolable and sacred right, no one shall be
deprived thereof except where public necessity,
legally determined, shall clearly demand it, and
then only on condition that the owner shall have
been previously and equitably indemnified.
The
above document was written by The Marquis de Lafayette,
with help from his friend and neighbor, American envoy to
France, Thomas Jefferson. Lafayette, you may recall, had
come to the Colonies at age 19, been commissioned a Major
General, and was instrumental in the defeat of the
British during the American Revolutionary War. He
considered one special man his 'father': George
Washington. French King Louis XVI signed this document,
under duress, but never intended to support it. Indeed,
the Revolution in France soon followed, leading to the
tyrannical rule of Napoleon Bonaparte.
Prepared
by Gerald Murphy (The Cleveland Free-Net - aa300)
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