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The frequent references that have been made to the present Constitution of the French Republic have induced him to include it in the present collection. There have already appeared in this country, copies of the Constitution, as submitted by the Commis. fion of Eleven to the National Convention---but considerable alterations having been made in the plan of the Commission, he obtained from Paris a correct copy of the Constitution, as it was finally decreed by the Convention, and accepted by the French Nation.
230 July, 1796.
DECREED BY THE NATIONAL CONVENTION, AUGUST 22,
1795, AND ACCEPTED BY THE PEOPLE.
Declaration of the Rights and Duties of Man, and of a Citizen. The French People proclaim, in the presence of the Supreme Being, the following Declaration of the Rights and Duties of Mán, and of a Citizen:
RIGHTS. I. THE rights of man in society are—liberty, equality, security,
property. II. Liberty consists in the power of doing that which does not injure the rights of another.
III. Equality consists in this—that the law is the same for all, whether it protect or punilh.-Equality admits no distinction of birth, no hereditary power.
IV. Security results from the concurrence of all to secure the rights of each.
V. Property is the right of enjoying and disposing of a man's own goods, his revenues, the fruit of his labour, and his industry.
VI. The law is the general will expressed by the majority, either of the citizens, or of their representatives.
VII. That which is not forbidden by the law cannot be hindered.No man can be constrained to that which the law ordains not.
VIII. No one can be cited, accused, arrested, or detained, but in the cases determined by the law, and according to the forms it has prescribed.
IX. Those who folicit, expedite, sign, execute, or cause to be executed, arbitrary acts, are culpable, and ought to be punished.
X. All rigour not necessary to secure the person of a man under charge, ought to be severely repressed by the law.
• The frequent references that are made to'the present Conftitution of the French Republic, has induced the editor to include it in this Collection of State Papers. Vol. III.-PART ii.
XI. No man can be judged until he has been heard, or legaliy fummoned.
XII. The law ought not to decree any punishment but such as is ftrialy necessary, and proportioned to the offence.
XIII. All treatment that aggravates the punishinent determined by the law is a crime.
XIV. No law, criminal or civil, can have a retroactive effect. “XV. Every man may engage his time and his services; but he cannot sell' himself- or be sold : his person is not an alienable property.
XVI. All contribution is established for general utility: it ought to be assessed upon the contributors in proportion to their means.
XVII. The sovereignty resides essentially in the universality of citizens.
XVIII. No individual, and no partial union of citizens, can arrogate the sovereignty.
XIX. No man can, without a legal delegation, exercise any authority, nor fill any public function. , XX. Each citizen has an equal right to concur immediately or mediately in the formation of the law, the nomination of the representatives of the people, and the public functionaries.
XXI. Public functions cannot become the property of those who exercise them.
XXII. The social guarantee cannot exist, if the division of powers is not eltablished, if their limits are not fixed, and if the respon Gibility of the public functionaries is not afsured.
DUTIES. 1. The declaration of rights contains the obligations of legiflators: the maintenance of society demands that those who come pose it should equally know, and fulfil their duties.
II. All the duties of man, and of a citizen, spring from these two principles, engraved by nature in every heart : Do not to another that which you would not another Thould do to you." - Do constantly to others the good you would receive from them.”
III. The obligations of every one in society consist in defending. it, in serving it, in living obedient to the laws, and in respecting those who are the organs of them. : IV. No man is a good citizen, if he is not a good son, a good father, a good brother, a good friend, a good husband.
V. No man is a good man, if he is not frankly and religiously an observer of the laws. * VI. He who openly violates the laws, declares himself in a state of war with society.