第30章 Part The First (30)

For these reasons the National Assembly doth recognize and declare, in the presence of the Supreme Being, and with the hope of his blessing and favour, the following sacred rights of men and of citizens:

ONE: MEN ARE BORN, AND ALWAYS CONTINUE, FREE AND EQUAL IN RESPECTOF THEIR RIGHTS.CIVIL DISTINCTIONS, THEREFORE, CAN BE FOUNDED ONLY ONPUBLIC UTILITY.

TWO: THE END OF ALL POLITICAL ASSOCIATIONS IS THE PRESERVATION OFTHE NATURAL AND IMPRESCRIPTIBLE RIGHTS OF MAN; AND THESE RIGHTS ARE LIBERTY, PROPERTY, SECURITY, AND RESISTANCE OF OPPRESSION.

THREE: THE NATION IS ESSENTIALLY THE SOURCE OF ALL SOVEREIGNTY; NORCAN ANY INDIVIDUAL, OR ANY BODY OF MEN, BE ENTITLED TO ANY AUTHORITY WHICHIS NOT EXPRESSLY DERIVED FROM IT.

FOUR: POLITICAL LIBERTY CONSISTS IN THE POWER OF DOING WHATEVER DOESNOT INJURE ANOTHER.THE EXERCISE OF THE NATURAL RIGHTS OF EVERY MAN, HASNO OTHER LIMITS THAN THOSE WHICH ARE NECESSARY TO SECURE TO EVERY OTHERMAN THE FREE EXERCISE OF THE SAME RIGHTS; AND THESE LIMITS ARE DETERMINABLEONLY BY THE LAW

FIVE: THE LAW OUGHT TO PROHIBIT ONLY ACTIONS HURTFUL TO SOCIETY.

WHAT IS NOT PROHIBITED BY THE LAW SHOULD NOT BE HINDERED; NOR SHOULD ANYONEBE COMPELLED TO THAT WHICH THE LAW DOES NOT REQUIRESIX: THE LAW IS AN EXPRESSION OF THE WILL OF THE COMMUNITY.ALL CITIZENSHAVE A RIGHT TO CONCUR, EITHER PERSONALLY OR BY THEIR REPRESENTATIVES, IN ITS FORMATION.IT SHOULD BE THE SAME TO ALL, WHETHER IT PROTECTS ORPUNISHES; AND ALL BEING EQUAL IN ITS SIGHT, ARE EQUALLY ELIGIBLE TO ALLHONOURS, PLACES, AND EMPLOYMENTS, ACCORDING TO THEIR DIFFERENT ABILITIES, WITHOUT ANY OTHER DISTINCTION THAN THAT CREATED BY THEIR VIRTUES AND TALENTSSEVEN: NO MAN SHOULD BE ACCUSED, ARRESTED, OR HELD IN CONFINEMENT, EXCEPT IN CASES DETERMINED BY THE LAW, AND ACCORDING TO THE FORMS WHICHIT HAS PRESCRIBED.ALL WHO PROMOTE, SOLICIT, EXECUTE, OR CAUSE TO BE EXECUTED, ARBITRARY ORDERS, OUGHT TO BE PUNISHED, AND EVERY CITIZEN CALLED UPON, OR APPREHENDED BY VIRTUE OF THE LAW, OUGHT IMMEDIATELY TO OBEY, AND RENDERSHIMSELF CULPABLE BY RESISTANCE.

EIGHT: THE LAW OUGHT TO IMPOSE NO OTHER PENALTIES BUT SUCH AS AREABSOLUTELY AND EVIDENTLY NECESSARY; AND NO ONE OUGHT TO BE PUNISHED, BUTIN VIRTUE OF A LAW PROMULGATED BEFORE THE OFFENCE, AND LEGALLY APPLIED.

NINE: EVERY MAN BEING PRESUMED INNOCENT TILL HE HAS BEEN CONVICTED, WHENEVER HIS DETENTION BECOMES INDISPENSABLE, ALL RIGOUR TO HIM, MORE THANIS NECESSARY TO SECURE HIS PERSON, OUGHT TO BE PROVIDED AGAINST BY THELAW.

TEN: NO MAN OUGHT TO BE MOLESTED ON ACCOUNT OF HIS OPINIONS, NOTEVEN ON ACCOUNT OF HIS RELIGIOUS OPINIONS, PROVIDED HIS AVOWAL OF THEMDOES NOT DISTURB THE PUBLIC ORDER ESTABLISHED BY THE LAW.

ELEVEN: THE UNRESTRAINED COMMUNICATION OF THOUGHTS AND OPINIONS BEINGONE OF THE MOST PRECIOUS RIGHTS OF MAN, EVERY CITIZEN MAY SPEAK, WRITE, AND PUBLISH FREELY, PROVIDED HE IS RESPONSIBLE FOR THE ABUSE OF THIS LIBERTY, IN CASES DETERMINED BY THE LAW.

TWELVE: A PUBLIC FORCE BEING NECESSARY TO GIVE SECURITY TO THE RIGHTSOF MEN AND OF CITIZENS, THAT FORCE IS INSTITUTED FOR THE BENEFIT OF THECOMMUNITY AND NOT FOR THE PARTICULAR BENEFIT OF THE PERSONS TO WHOM ITIS INTRUSTED.

THIRTEEN: A COMMON CONTRIBUTION BEING NECESSARY FOR THE SUPPORT OFTHE PUBLIC FORCE, AND FOR DEFRAYING THE OTHER EXPENSES OF GOVERNMENT, ITOUGHT TO BE DIVIDED EQUALLY AMONG THE MEMBERS OF THE COMMUNITY, ACCORDINGTO THEIR ABILITIES.

FOURTEEN: EVERY CITIZEN HAS A RIGHT, EITHER BY HIMSELF OR HIS REPRESENTATIVE, TO A FREE VOICE IN DETERMINING THE NECESSITY OF PUBLIC CONTRIBUTIONS, THEAPPROPRIATION OF THEM, AND THEIR AMOUNT, MODE OF ASSESSMENT, AND DURATION.

FIFTEEN: EVERY COMMUNITY HAS A RIGHT TO DEMAND OF ALL ITS AGENTSAN ACCOUNT OF THEIR CONDUCT.

SIXTEEN: EVERY COMMUNITY IN WHICH A SEPARATION OF POWERS AND A SECURITYOF RIGHTS IS NOT PROVIDED FOR, WANTS A CONSTITUTION.

SEVENTEEN: THE RIGHT TO PROPERTY BEING INVIOLABLE AND SACRED, NOONE OUGHT TO BE DEPRIVED OF IT, EXCEPT IN CASES OF EVIDENT PUBLIC NECESSITY, LEGALLY ASCERTAINED, AND ON CONDITION OF A PREVIOUS JUST INDEMNITY.Observations on the Declaration of Rights The first three articles comprehend in general terms the whole of a Declaration of Rights, all the succeeding articles either originate from them or follow as elucidations.The 4th, 5th, and 6th define more particularly what is only generally expressed in the 1st, 2nd, and 3rd.

The 7th, 8th, 9th, 10th, and 11th articles are declaratory of principles upon which laws shall be constructed, conformable to rights already declared.

But it is questioned by some very good people in France, as well as in other countries, whether the 10th article sufficiently guarantees the right it is intended to accord with; besides which it takes off from the divine dignity of religion, and weakens its operative force upon the mind, to make it a subject of human laws.It then presents itself to man like light intercepted by a cloudy medium, in which the source of it is obscured from his sight, and he sees nothing to reverence in the dusky ray.*[10]

The remaining articles, beginning with the twelfth, are substantially contained in the principles of the preceding articles; but in the particular situation in which France then was, having to undo what was wrong, as well as to set up what was right, it was proper to be more particular than what in another condition of things would be necessary.

While the Declaration of Rights was before the National Assembly some of its members remarked that if a declaration of rights were published it should be accompanied by a Declaration of Duties.The observation discovered a mind that reflected, and it only erred by not reflecting far enough.

A Declaration of Rights is, by reciprocity, a Declaration of Duties also.

Whatever is my right as a man is also the right of another; and it becomes my duty to guarantee as well as to possess.