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Declaration of the Rights of Man and of the Citizen 115<br />

Cohen, I. Bernard. Science and the Founding Fathers. New York:<br />

W. W. Norton, 1995.<br />

Eicholz, Hans L. Harmonizing Sentiments: The Declaration of<br />

Independence and the Jeffersonian Idea of Self-Government.<br />

New York: Peter Lang, 2001.<br />

Hamowy, Ronald. “Jefferson and the Scottish Enlightenment: A<br />

Critique of Garry Wills’ Inventing America: Jefferson’s<br />

Declaration of Independence.” William and Mary Quarterly 36<br />

(1979): 503–523.<br />

Machan, Tibor, ed. Individual Rights Reconsidered: Are the Truths of<br />

the U.S. Declaration of Independence Lasting? Stanford, CA:<br />

Hoover Institution Press, 2001.<br />

Malone, Dumas, Hirst Milhollen, and Milton Kaplan. The Story of<br />

the Declaration of Independence. New York: Oxford University<br />

Press, 1975.<br />

Mayer, David N. The Constitutional Thought of Thomas Jefferson.<br />

Charlottesville: University Press of Virginia, 1994.<br />

Munves, James. Thomas Jefferson and the Declaration of<br />

Independence. New York: Charles Scribner’s Sons, 1978.<br />

White, Morton. The Philosophy of the American Revolution.<br />

New York: Oxford University Press, 1978.<br />

DECLARATION OF THE RIGHTS<br />

OF MAN AND OF THE CITIZEN<br />

On August 26, 1789, the Declaration of the Rights of Man<br />

and of the Citizen was adopted by the French National<br />

Assembly, which also was known as the Constituent<br />

Assembly, owing to its self-appointed task of framing a<br />

constitution for the French nation. This body began as one<br />

of three Estates, or orders, within the Estates-General,<br />

which had been convened in early May by King Louis XVI.<br />

The three orders of which the Estates-General consisted<br />

were the nobility, the clergy, and the Third Estate, made up<br />

of all other French citizens.<br />

This remarkable event—the summoning of the Estates-<br />

General, the first since 1614—was precipitated by the bankruptcy<br />

of the French government and its desperate need to<br />

raise revenue. The crown’s attempts to levy taxes on those<br />

who could afford them generated a power struggle with the<br />

nobility (especially the reform-minded Parlement of Paris),<br />

and both sides decided they had something to gain by convening<br />

an Estates-General. Events, however, soon took on a<br />

life of their own as both the King and the aristocracy found<br />

themselves unable to control the course of events.<br />

The Third Estate first acted in a revolutionary manner<br />

on June 17, when, by a majority of 491 to 89, it renamed<br />

itself the National Assembly. Although deputies from<br />

the other two orders were invited to join the National<br />

Assembly—and were later ordered to do so by Louis XVI<br />

after he had lost a significant political battle—this assumption<br />

of political sovereignty by the Third Estate was a clear<br />

sign that a number of ancient legal privileges that the crown<br />

and nobility possessed would not be permitted to stand.<br />

Indeed, many members of the nobility and clergy strongly<br />

supported the abolition of feudal privileges and other radical<br />

reforms that were about to follow.<br />

The Declaration was intended to serve as a preamble to<br />

the French Constitution of 1791, which established a constitutional<br />

monarchy. (A purely republican form of government<br />

awaited the Constitution of 1793, after the treason<br />

conviction of Louis XVI had led to his execution and the<br />

abolition of monarchy.) Historians continue to debate the<br />

extent to which the Declaration was influenced by American<br />

precedents, such as George Mason’s Virginia Declaration of<br />

Rights (1776) and various state constitutions adopted during<br />

the 1780s. The Marquis de Lafayette, who emphasized the<br />

need for a Declaration of Rights and played a prominent role<br />

in its drafting, was among the 8,000 Frenchmen who had<br />

participated in the American Revolution. Moreover, key<br />

documents in the American struggle, such as Thomas<br />

Paine’s Common Sense and various state constitutions, had<br />

been translated into French and were widely read.<br />

Some historians maintain that this situation is more<br />

a case of correlation than of causation. As the historian<br />

George Rudé observed, “both Americans and Frenchmen<br />

acknowledged a common debt to the ‘natural law’ school of<br />

philosophy, in particular to Locke, Montesquieu, and<br />

Rousseau.” At the least, however, the American experience<br />

provided an inspiration and example, if not an exact model,<br />

for the French Declaration of Rights. According to John-<br />

Joseph Mounier, a member of the National Assembly who<br />

contributed to the Declaration, the American Revolution had<br />

instilled in the French “a general restlessness and desire for<br />

change.” Americans had shown that it was possible to begin<br />

anew and construct a government on rational principles.<br />

The Declaration, which contains 17 articles, is a short<br />

document. The preamble describes it as a “solemn declaration<br />

[of] the natural, inalienable, and sacred rights of man.”<br />

Failures to protect these rights, it notes, are the “sole causes<br />

of public misfortunes and the corruption of governments.”<br />

By codifying the basic rights and duties of citizens, the<br />

Declaration’s intent was to legitimize the new French government<br />

and to encourage respect for the legislative and<br />

executive powers by providing citizens with “simple and<br />

incontestable principles” that could be used to evaluate the<br />

justice and social utility of governmental institutions and<br />

actions.<br />

Article 1 begins with the statement: “Men are born and<br />

remain free and equal in rights.” It should be noted that the<br />

words man and men, when used in this context, referred to<br />

all individuals, male and female alike. Both men and<br />

women were viewed as possessing equal natural rights in<br />

the Lockean tradition. Gender inequalities, such as the<br />

inability to vote—which the Constitution of 1791 did nothing<br />

to rectify—were viewed as an issue of civil rather than<br />

natural rights.

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