The herald., 1895-01-01
THE FRENCH CONSTITUTION
Which Was Proposed, But Not
Adopted.
Thomas Paine ana Marquis Condor
Get the Authors.
A FERMENTATION of the Natural Rights Of
Man and the Proper Functions
of Governments.

OF the Open Court, Will be read with
much interest:
A hundred years ago Thomas Paine
and the Marquis dc Condoreet were en-
gagged in writing q constitution for
France. Each could read, but not
speak the others language. and the
msrchionesH acted ~ interpreter and.
perhaps, assisted with her idsas. send
you translation of the declafatiou 81
rights. II impressss me as far sur-
passing any other instrument Of that
kind known in European or American
history:
The end of all union Of men in society
being maintenance of their natural
rights, civil and political; thsse riehta
should be the basis OF the social com-
pact; their recognition and their declar.
alton ought to precede the constitution
which guarantees them.
The natural rights, civil and political,
of men are liberty, equality, security,
property, social protection and rbsist-
q nee to oppression.
2. Liberty consists in the power to Dc
whatever ia not contrary to the rights Of
othera; thus the natural rights Of man
have no limits other than those whioh
secure to other members Of society en-
joyment of the Same rights.
8. The preservation of liberty d.
pends on the sovereignty Of the Law,
which is the expression of the general
will. Nothing unforbidden by Law oan
be innpeached, and none may be cons
strained to do what it does not conn
mand.
4 Every man is free to mako known
bis thought and his opinions.
s. freedom of the prees, and every
other means of publishing ones
thoughts, cannot be prohibited, sus.
pended or limited.
Every citizen ahall be free Ia the
exercise OF his religion.
z Equality consists in the power OF
each to enjoy the same rightH.
The law should be equal for al,
whether in reward. punishment or re-
Etraint.
0. All citizens are admissible to all
public positions, empoymente and
functions. Free people can recognize
no grounds Of preference except talents
and virtues.
10. Security consiste in the projection
accorded by society to each citizen for
the preservation of his person, rights
and property.
IL. Nome should be sued, accused, ar
rested or detained. save in cases deter.
mined by the law and in accordance
with forms prescribed by il. Evesy
other act against citizen is arbitrary
and null.
IL. Those who solicit, promote. sign,
execute or cause to be executed such ar
bitrsry acts are culpabis, and ehould be-
puniahed.
43. Citizens against whom the exe~
Cution of saeh acts is attempted have
the right Of resistance by force. Every
citizen summoned or arrested by the
authority of law and in the forms pres
scribsd by it, should instantly obey ho
renders himself guilty by resistsuce.
IA. Every man being presumed ina
necent until declared guilty, should biz
arrest be judged indispensable, all rigoF
not necessary to secure his person
should be severely repressed by law.
Is. None should bs punished save n
gated previous to the offense, and legally
applied. A lawt tha should puninh
offenses committed before its existenoe
would be an arbitrary act. Retroactive
effect given to any law ia crime.
16. Law should award only penalties
strictly and evidently necessary to tbo
general security. They should be pro
| portioned to the ofsnss and useful +
society.
IL. The right OF property consilts W
mans being master in the disposal, q
his will. OF his goods, capital, income
and industry.
IS. No kind of work, commefcs OF
culture can be interdicted by any one;
he may make, transport and sell every
species OF production.
10. Every man may engage his sey,
vices and his time but he cannot sell
himself; his person is not an aliensble
property.
20. No one may be deprived OF the
least portion of his property without his
consent, unless because OF public neoes-
Hity legally determined, exscted openly
and under condition of just indemnify
in advance.
81. No tax shall be established OK
cept for the general utility and to 70.
leve public needs. All citizens have
the right to cooperate, personally or by
their representatives. in the establieti-
ment OF public tribute.
%. Instruction is the need Of ALL
and society owea it equally to all ito
| ulCmDGTH.
23. Public succors are sacred debt
of society. and it is for the law TO deter
mine their extent and application.
"a. The social guarantee Of the rights
of man rests on the national sover-
eighty.
20. This sovereignty is one, indivisi-
BILE. imprescriptible and inalisnable.
26. 1t resides essentially in the
whole people, and each citizen has an
equal right to cooperate in its exer-
cise.
27 No partial ssaemblsge OF cit'zsne
and no individual may attribute to them
selves sovereignty, to exercise authority
and discharge any public function with.
out formal delegation by the law
28. Social security cannot exist where
the limits of public administration are
not clearly determined by law and tho
responsibility of oil public functionarien
not assured.
80. All citizeas are bound to oo-ops@
rate in this guarantee and to eni0rco TIN
law when summoned In its nRmes
80. Men united in society sho411
have legal means OF resieting oppression-
In every free government the mode Of
resisting different act Of oppreBsion
should DO regulated by the constitution.
81. II is oppression when q Law vios'
lates the natural fiehts, civil and politi-.
cal. which il SHOULD ensure. Il II ops
preasion when the lawis violated ~
hl,a <.ff,s.;aln II. ita ann1{o1ffr n IN N