Frank Maloy Anderson

“ The law has the right to forbid only such actions as are injurious to society. Nothing can be forbidden that is not interdicted by the law, and no one can be constrained to do that which it does not order. ”

“ The National Assembly, considering that it has been summoned to determine the constitution of the kingdom, to effect the regeneration of public order, and to maintain the true principles of the monarchy; that nothing can prevent it from continuing its deliberations in whatever place it may be forced to establish itself, and lastly, that wherever its members meet together, there is the National Assembly. ”

“ The right of property is that which belongs to every citizen to enjoy, and to dispose at his pleasure of his goods, income, and of the fruits of his labor and his skill.
17. No kind of labor, tillage, or commerce can be forbidden to the skill of the citizens.
18. Every man can contract his services and his time, but he cannot sell himself nor be sold: his person is not an alienable property. The law knows of no such thing as the status of servant; there can exist only a contract for services and compensation between the man who works and the one who employs him. ”

“ If the government is informed that some conspiracy is laid against the state, it can issue decrees of apprehension and arrest against the persons who are supposed to be the authors or accomplices of it; but if, within a period of ten days after their arrest, they are not set at liberty or put upon trial, the minister who signed the decree has committed the crime of arbitrary imprisonment. ”

“ The free communication of ideas and opinions is one of the most precious of the rights of man; every citizen then can freely speak, write, and print, subject to responsibility for the abuse of this freedom in the cases determined by law. ”

“ The law ought to protect public and personal liberty against the oppression of those who govern.
10. No one ought to be accused, arrested, or detained except in the cases determined by law and according to the forms that it has prescribed. Any citizen summoned or seized by the authority of the law, ought to obey immediately; he makes himself guilty by resistance.
11. Any act done against man outside of the cases and without the forms that the law determines is arbitrary and tyrannical; the one against whom it may be intended to be executed by violence has the right to repel it by force. ”

“ The considerations which were controlling me no longer remain today; since then the inconveniences and evils of which I was complaining have impressed you as they did me; you have manifested a desire to re-establish order, you have directed your attention to the lack of discipline in the army, you have recognized the necessity of repressing the abuses of the press. ”

“ When the legislative body has proclaimed the formation of the high court of justice, the tribunal of cassation in a public sitting draws by lot fifteen of its members; it selects in the same sitting five of these fifteen, one after another, by means of secret ballot; the five judges thus selected are the judges of the high court of justice: they choose a president from among themselves.
270. The tribunal of cassation selects by ballot, in the same sitting and by majority, two of its members to discharge for the high court of justice the functions of national accusers. ”

“ The constitution guarantees to all Frenchmen equality, liberty, security, property, the public debt, the free exercise of worship, a public education, public relief, unlimited freedom of the press, the right of petition, the right to meet in the popular societies, and the enjoyment of all the rights of man. ”

“ They trust that this interest will not fail to be recognized by the powers, whose aid is solicited, and that in consequence they will not refuse to employ, in conjunction with their said majesties, the most efficient means in proportion to their resources to place the King of France in a position to establish, with the most absolute freedom, the foundations of a monarchical form of government, which shall at once be in harmony with the rights of sovereigns and promote the welfare of the French nation. ”

“ All the citizens have the right to ascertain, by themselves or by their representatives, the necessity of the public tax. to consent to it freely, to follow the employment of it, and to determine the quota, the assessment, the collection, and the duration of it.
15. Society has the right to call for an account of his administration from every public agent.
16. Any society in which the guarantee of the rights is not secured, or the separation of powers not determined, has no constitution at all. ”

“ The National Constituent Assembly declares that the nation has the imprescriptible right to change its constitution: nevertheless, considering that it is more conformable to the national interests to make use of the right only to reform, by the means provided in the constitution itself, the articles of which experience shall have made the inconveniences felt, decrees that it shall proceed by an assembly of revision in the following form. ”

“ No citizen, unless he is fully thirty years of age, can be elected judge of a department tribunal, or justice of the peace, or assessor of a justice of the peace, or judge of a tribunal of commerce, or member of the tribunal of cassation, or juror, or commissioner of the Executive Directory before the tribunals. ”

“ No one can enter upon the exercise of any employment either m the offices of the ministry or in those of the management or administration of the public revenues, nor in general any employment at the nomination of the executive power, without taking the civic oath, or without proving that he has taken it.
4. No order of the king can be executed unless it is signed by him and countersigned by the minister or administrator of the department.
5. The ministers are responsible for all the offences committed by themselves against the national security and the constitution ”

“ Society owes maintenance to unfortunate citizens, either in procuring work for them or in providing the means of existence for those who are unable to labor.
22. Education is needed by all. Society ought to favor with all its power the advancement of the public reason and to put education at the door of every citizen. ”

“ The king, upon his accession to the throne or as soon as he shall have attained his majority, shall take to the nation, in the presence of the legislative body, the oath to be faithful to the nation and the law, to employ all the power which is delegated to him to maintain the constitution decreed by the National Constituent Assembly in the years 1789, 1790, and 1791, and to cause the laws to be executed. ”

“ Every citizen owes his services to the fatherland and to the maintenance of liberty, equality, and property whenever the law summons him to defend them.
Constitution.
1. The French Republic is one and indivisible.
2. The totality of the French citizens is the sovereign.
Title I.
3. France is divided into — departments.
These departments are . . . [list omitted] .
4. The boundaries of the departments can be changed or rectified by the legislative body; but in that case, the area of a department cannot exceed one hundred square myriameters (four hundred common square leagues) . ”

“ The requisition of the public force within the interior of the realm belongs to the civil officers, according to the regulations determined by the legislative power.
11. If disorders disturb an entire department, the king, under the responsibility of his ministers, shall give the necessary orders for the execution of the laws and for the re-establishment of order, but subject to informing the legislative body thereof, if it is assembled, and of convoking it, if it is in recess.
12. The public force is essentially, obedient; no armed body can deliberate. ”

“ The electors in each district shall appoint, by individual ballot and majority of the votes, an eligible citizen domiciled within the district, to whom they shall give, by the minutes of the election, a special mandate limited to the single function of electing the citizen whom he shall judge, upon his soul and his conscience, the most worthy to be elected regent of the realm. ”

“ Liberty to every man to speak, to write, to print and publish his ideas without having his writings subjected to any censorship or inspection before their publication, and to follow the religious worship to which he is attached;
Liberty to the citizens to meet peaceably and without arms, in obedience to the police laws ”

“ A senator is forever ineligible to any other public office.
19. All the lists made in the departments, in virtue of article 9, are despatched to the Senate: they constitute the national list.
20. It chooses from this list the legislators, the tribunes, the consuls, the judges of cassation, and the commissioners of accounts.
21. It sustains or annuls all the acts which are referred to it as unconstitutional by the Tribunate or the government: the lists of eligibles are included among these acts.
22. Fixed revenues from the national domains are set apart for the expenses of the Senate. ”

“ No one ought to be tried and punished except after having been heard or legally summoned, and except in virtue of a law promulgated prior to the offence. The law which would punish offences committed before it existed would be a tyranny: the retroactive effect given to the law would be a crime. ”

“ Every man born and residing in France, fully twenty-one years of age, who has had himself enrolled upon the civic register of his canton, who has lived for a year past upon the soil of the Republic, and who pays a direct land or personal property tax, is a French citizen.
9. Frenchmen who shall have made one or more campaigns for the establishment of the Republic are citizens, without condition as to tax. ”

“ There is for the whole Republic a tribunal of cassation, which passes upon the appeals in cassation against the judgments rendered in the last resort by the tribunals, upon applications for the removal from one tribunal to another on account of legitimate suspicion or public security, and upon complaints of prejudice against a whole tribunal. ”