Posts Tagged ‘Declaration of Independence’

The rights of man

Thursday, September 2nd, 2010

On 26 August 1789, the French National Assembly adopts the Declaration of the Rights of Man and of the Citizen. Article 1 proclaims:

Men are born and remain free and equal in rights. Social distinctions may be based only on common utility.

Independence Hall, Philadelphia

Independence Hall, Philadelphia

Thirteen years earlier, on 4 July 1776, the Second Continental Congress assembled in Philadelphia had proclaimed the Declaration of Independence, the second paragraph of which famously states:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Both texts recognize the principles of equality and rights with which men are endowed. Both texts recognize these principles and rights for men.  Both texts are recognized as landmarks in the history of human rights.

Declaration of Independence

Declaration of Independence

The influence of the American text on the French Declaration has been much debated. Some will argue that the French text owes everything to its American predecessor, citing as ample evidence the very presence in Paris in 1789 of Jefferson - the principal author of the Declaration of Independence. They will also mention the friendship between Jefferson and La Fayette, recalling that La Fayette submitted a draft of the French Declaration. To this, others respond that the American Declaration was itself inspired by the writings of European philosophers, primarily the French-speaking ones, such as Rousseau and Voltaire.

At the very beginning of the 20th century, in 1902, a famous controversy opposed Georg Jellinek, a Heidelberg professor of public law, to Émile Boutmy, a professor of political science in Paris.  To Jellinek’s argument that the roots of both texts originated in a teutonic concept of individual liberty, Boutmy responded that the French idea of liberty was different from either the American or the Teutonic ones, which were more concerned with ensuring that rulers had less power over those they governed.

It has also been argued that the Americans of 1776 were fighting for their freedom and independence from a foreign power, while  the French of 1789 were building a new society, based on the recognition of rights, which they wanted to be applied universally, to citizens of all nations.

Ideas of freedom, and the texts that expressed them have had many authors, and many sources, not just one.

Only a couple of weeks before the adoption of the Declaration of Independence, on 12 June 1776, the Virginia Constitutional Convention adopts the Virginia Bill of Rights. Its principal author, George Mason based his text on the English Bill of Rights of 1689. Like the two other declarations, Article 1 recognizes that men are free and entitled to rights.

1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

Jefferson, himself a delegate from Virginia to the Continental Congress, is familiar with Mason’s text, and is obviously influenced by the Virginia Declaration, which will serve as the basis for the 1789 American Bill of Rights. Happiness is definitely a Virginian pursuit.

Common Sense, Independence Hall, Philadelphia

Common Sense, Independence Hall, Philadelphia

With Common Sense published in January 1776, the English Thomas Paine argued vehemently for independence from British rule. The pamphlet was extremely influential in inspiring the colonists to fight for their independence.

In 1791, the same Thomas Paine publishes The Rights of Man, a response to Edmund Burke’s attack on the French Revolution. Before him, another English radical, Thomas Spence used the expression rights of man in a lecture. As early as 1775, Spence was advocating the end of aristocracy and landlords, for land to be publicly owned by democratic parishes, and for universal suffrage. Freedom and rights were definitely in the minds of many 18th century thinkers.

Declaration of the Rights of Men and of the Citizen, 1789

Declaration of the Rights of Man and of the Citizen, 1789

Suggested on 9 July 1789, the principle of drafting a declaration of the natural and imprescriptible rights of men is adopted by the Constitution Drafting Committee. It is on 27 July, that the final title is retained, based on a proposal of Champion de Cicé, Archbishop of Bordeaux.

More than twenty drafts are considered, including the one presented by the marquis de La Fayette, as well as a proposal by Abbé Sieyès. On 12 August, a proposal to convene a drafting committee is retained. The Committee of Five is comprised of Claude Redon, Jean-Nicolas Desmeuniers (Bishop of Langres), Antoine Garaby de La Luzerne, the marquis de Mirabeau and François-Denis Tronchet. The Committee of Five’s draft is rejected in favour of yet another proposal, known as the Sixth Bureau draft, which becomes the working draft that is discussed in plenary. This draft is heavily modified during the final discussion that lasts from 20 to 26 August  when the Declaration is finally adopted.

Both the American and the French declarations therefore reflect not the genius of a single man, but the collective wisdom of many, all working together for the benefit of their nation.

10 days and 13 years

Saturday, July 17th, 2010
10 days and 13 years separate two 18th Century July events that have become national holidays commemorating the American and the French Revolutions. Both resulted in major legal texts recognizing human rights.

On July 4, 1776, the Second Continental Congress meeting in Philadelphia adopts the American Declaration of Independence, which rejected British rule and layed out the principles of basic rights for the American people. A Committee of Five, which included John Adams of Massachusetts, Benjamin Franklin of Pennsylvania, Thomas Jefferson of Virginia, Robert R. Livingston of New York, and Roger Sherman of Connecticut, had tasked Jefferson with producing the first draft.

Storming of the Bastille

Storming of the Bastille, July 14, 1789

On July 14, 1789, the people of Paris stormed the Bastille, the medieval fortress which, as a jail, had become a symbol of the royal arbitrary power. It was used by the French Kings to emprison a number of free thinkers, who would be sent there for having printed, expressed or advocated liberal ideas. If the King so decided, anyone could be sent to prison on the basis of a lettre de cachet, the executive order that did not need the validation of a court. Although on July 14 only seven people were still held prisoners, the storming of the Bastille is considered as one of the critical events that marked the beginninng of the French Revolution.

Much has been written about the links between the American and the French July events. On both sides of the Atlantic, a number of individuals have played a role in, or been eye-witness to, two of the most determining episodes in the history of human rights. As it happens, the same individuals have been involved to some degree in the two events.

One year before the Declaration of Independence was signed, on June 14, 1775, the Second Continental Congress created the Continental Army and elected George Washington to be its Commander-in-chief. Washington had been nominated by John Adams, delegate from Massachusetts.

Developments in America were closely followed in France. Beaumarchais is allowed to found a commercial enterprise which provided the American rebels with weapons, and necessary supplies. The Marquis de La Fayette chooses to serve in the Continental Army, and although he has received strict orders from the French King not to leave France, he sails for America and lands in Georgetown, South Carolina, in June 1777. He offers to serve without pay and two month later becomes an aide to George Washington, is wounded at the battle of Brandywine, and continues fighting in the Revolutionary War for two years.

John Jay, John Adams and Benjamin Franklin and the Treaty of Paris

From left, John Jay, John Adams and Benjamin Franklin and the Treaty of Paris

Having made a number of friends in America, back in France, La Fayette settles at the Hôtel de La Fayette, rue de Bourbon, which becomes the headquarters of Americans in Paris. Benjamin Franklin, John Jay and his wife Sarah, and John and Abigail Adams, became frequent guests, visiting once a week. John Jay, who had served for one year as President of the Continental Congress until 1779 just before taking an assignment to Spain, in 1782, is sent to Paris along with Franklin and Adams. As ministers plenipotentiary, the three men were to negotiate to end the American Revolutionary War. On September 3, 1783, the Treaty of Paris is signed, which formally brought peace between the Kingdom of Great Britain and the United States of America. When Thomas Jefferson replaced John Jay in Paris, he worked with La Fayette to facilitate trade agreements between the two countries.

In 1788, La Fayette is appointed to the Assembly of Notables that was to advise Louis XVI on the financial crisis which had been partially initiated by the cost of the intervention in the American Revolution. La Fayette protests against proposals to raise taxes, and recommends calling for a meeting of the Estates General, which will bring together the three French social classes: the nobility, the clergy and the commoners.

Just as George Washington becomes the first United States President under the Constitution, and takes the oath of office on April 30, 1789, in France, the Estates General are getting ready to meet. They first meet at the beginning of May 1789, with the Third Estate (Tiers Etat) having been awarded double representation. Voting however will be by Estate, and not by head. The Third Estate refuses and starts meeting separately. On 17 June, they declare themselves as the National Assembly; gradually members of the clergy and the nobility - among which La Fayette - join them. Work then starts on a constitution and a declaration of the rights of man, and on 11 July, La Fayette presents his own draft of the Declaration. The draft borrows heavily from the American Declaration of Independence. It is not retained.

On 15 July, following the storming of the Bastille, La Fayette is appointed Commander in Chief of the National Guard of France and orders the Bastille demolition.

Model of the Bastille

Model of the Bastille

Symbolically, La Fayette sends to George Washington the key to the west portal of the Bastille on March 17, 1790, and writes: Give me leave, my dear General to present you with a picture of the Bastille, just as it looked a few days after I had ordered its demolition,- with the main key of the fortress of despotism. It is a tribute, which I owe, as a son to my adoptive father, as an Aide - de - Camp to my General, as a Missionary of liberty to its Patriarch. The key is still on display at Washington’s home in Mount Vernon.

In letters to friends, Thomas Jefferson, then Minister to France, has provided his analysis of the events that led to the French Revolution. In a January 8, 1789 letter addressed to a Dr. Price, he writes: The court was well disposed towards the people, not from principles of justice or love to them; but they want money. No more can be had from the people. They are squeezed to the last drop. The clergy and nobles, by their privileges and influence, have kept their property in a great measure untaxed hitherto. They then remain to be squeezed, and no agent is powerful enough for this but the people. The court therefore must ally itself with the people.

Marquis de La Fayette

Marquis de La Fayette

On May 10, 1789, Jefferson shares the following concern with George Washington: I am in great pain for the Marquis de La Fayette. His principles, you know, are clearly with the people; but having been elected for the Noblesse of Auvergne, they have laid him under express instructions, to vote for the decisions by orders, and not persons… I have not hesitated to press on him to burn his instructions, and follow his conscience as the only sure clue, which will eternally guide a man clear of all doubts and inconsistencies. If he cannot effect a conciliatory plan, he will surely take his stand manfully at once, with the Tiers Etat.

To John Jay - who preceded him as Minister to France and as American Secretary of Foreign Affairs - Jefferson writes in June: This day ([June] the 25th) forty-eight of the Nobles have joined the Tiers. Among these, is the Duke d’Orleans. The Marquis de La Fayette could not be of the number, being restrained by his instructions. He is writing to his constituents, to change his instructions or to accept his resignation.

On July 11, the future American President writes to the author of Common Sense and The Rights of man, Thomas Paine: The National Assembly then (for this is the name they take), having shown through every stage of these transactions a coolness, wisdom, and resolution to set fire to the four corners of the kingdom and to perish with it themselves, rather than to relinquish an iota from their plan of a total change of government, are now in complete and undisputed possession of the sovereignty. The executive and aristocracy are at their feet; the mass of the nation, the mass of the clergy, and the army are with them; they have prostrated the old government, and are now beginning to build one from the foundation. A committee, charged with the arrangement of their business, gave in, two days ago, the following order of proceedings.

1. Every government should have for its only end, the preservation of the rights of man; whence it follows, that to recall constantly the government to the end proposed, the constitution should begin by a declaration of the natural and imprescriptable rights of man…

Thomas Jefferson
Thomas Jefferson

His account for July 14 is again addressed to Secretary of Foreign Affairs John Jay. Jefferson recalls the events of the preceding days, including Finance Minister Necker’s dismissal which, together with the gathering of foreign troops, led to the insurrection of the people of Paris. He describes the efforts of the Paris Bourgeoisie to arm itself for the preservation of order in the city… On the 14th, they sent one of their members (Monsieur de Corny, whom we knew in America) to the Hotel des Invalides, to ask arms for their Garde Bourgeoise. He was followed by, or he found there, a great mob. The Governor of the Invalides came out, and represented the impossibility of his delivering arms… Monsieur de Corny and five others were then sent to ask arms of Monsieur de Launai, Governor of the Bastille. They found a great collection of people already before the place, and they immediately planted a flag of truce, which was answered by a like flag hoisted on the parapet. The deputation prevailed on the people to fall back a little, advanced themselves to make their demand of the Governor, and in that instant a discharge from the Bastille killed four people of those nearest to the deputies. The deputies retired; the people rushed against the place, and almost in an instant were in possession of the fortification, defended by one hundred men, of infinite strength, which in other times had stood several regular sieges, and had never been taken. How they got in, has, as yet, been impossible to discover. Those who pretend to have been of the party tell so many different stories, as to destroy the credit of them all. They took all the arms, discharged the prisoners, and such of ther garrison as were not killed in the first moment of fury, carried the Governor and Lieutenant Governor to the Greve (the place of public execution), cut off their heads, and sent them through the city in triumph to the Palais Royal…

Jefferson later describes the reaction of the aristocracy and of the King who the next day went about eleven o’clock, accompanied only by his brothers, to the States General, and there read to them a speech, in which he asked for their interposition to re-establish order… He returned to the chateau a foot, accompanied by the States. They sent off a deputation, the Marquis de La Fayette at their head, to quiet Paris. He had the same morning, been named Commandant-in-Chief of the Milice Bourgeoise…

The National Assembly becomes the National Constituent Assembly, tasked with drafting a constitution. On August 4, 1789 the new Assembly officially abolishes feudalism, and in the course of a few hours, in a meeting that runs into the early morning hours, members of the nobility and the clergy surrender many of their special privileges. The Viscount de Noailles, who has served under La Fayette in the American Revolutionary War is the first to speak.

Work continued throughout the month of August on the drafting of the proposed declaration of the natural and imprescriptable rights of man… A number of drafts, including La Fayette’s, were considered and reviewed. Finally, on 26 August 1789, that the Assembly adopts the Declaration of the Rights of Man and of the Citizen.

July and rights: a Pennsylvania pursuit?

Sunday, July 5th, 2009

July 4. July 14. These two dates mark July as an essential month in the history of human rights.

Equality, life, liberty, and the pursuit of happiness.

Year-around Celebrating Independence, 2009, New York State

It all started in Philadelphia, Pennsylvania, on July 4, 1776. Or did it?

Obviously, the Declaration of Independence did not happen overnight. The quest for independence in the British colonies started in the 1770’s, inspired by principles proclaimed in England at the end of the 17th century.

Thomas Paine, Benjamin Franklin, John Adams and Thomas Jefferson - the last two later to become Presidents of the new United States of America - , are some of the important players in the fight the American Colonies led for their independence from the British rule .

Initially, the American colonists were asking to be granted the rights of Englishmen by the British Crown.  In 1774, in A Summary View of the Rights of British America, Jefferson explains:

These are our grievances, which we have thus laid before his Majesty, with that freedom of language and sentiment which becomes a free people claiming their rights as derived from the laws of nature, and not as the gift of their Chief Magistrate. (Jefferson, 1774, in Koch et Peden, 1944 : 310)

Soon, beyond the rights of Englishmen, the colonists will be fighting for independence. In Common Sense, the first edition of which is published in Philadelphia in January 1776, Thomas Paine called… for the creation of a republican government – based entirely on the representation of the people – in a newly independent America, and a written constitution guaranteeing the rights of persons and property and establishing freedom of religion… Paine transformed the struggle over the rights of Englishmen into a contest with a meaning for all mankind. (Foner, 1984 : 10)

Himself an Englishman, and a friend of Benjamin Franklin, Paine had recently migrated to the colonies. Common Sense poignantly pleads for a free America, independent from the tyrannic rule to which it is then submitted. O ye that love mankind! Ye that dare oppose, not only the tyranny, but the tyrant, stand forth! Every spot of the old world is overrun with oppression. Freedom hath been hunted round the globe. Asia, and Africa, have long expelled her. Europe regards her like a stranger, and England hath given her warning to depart. O! receive the fugitive, and prepare in time an asylum for mankind. (Paine, 1776 : Chapter V)

A free America will obey the rule of law. But where says some is the King of America? I’ll tell you Friend, he reigns above, and doth not make havoc of mankind like the Royal of Britain. Yet that we may not appear to be defective even in earthly honors, let a day be solemnly set apart for proclaiming the charter; let it be brought forth placed on the divine law, the word of God; let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America THE LAW IS KING. For as in absolute governments the King is law, so in free countries the law ought to be King. (Paine, 1768 : Chapter V)

Remembering Revolutionary Soldiers, Sleepy Hollow, NY

Remembering Revolutionary Soldiers, Sleepy Hollow, NY

And independence will affect future generations. The sun never shined on a cause of greater worth. ‘Tis not the affair of a city, a country, a province, or a kingdom, but of a continent of at least one eighth part of the habitable globe. ‘Tis not the concern of a day, a year, or an age; posterity are virtually involved in the contest, and will be more or less affected, even to the end of time, by the proceedings now.

The same year, on 12 June 1776, the Virginia Constitutional Convention adopts the Virginia Bill of Rights, drafted by George Mason.

A DECLARATION OF RIGHTS made by the representatives of the good people of Virginia, assembled in full and free convention which rights do pertain to them and their posterity, as the basis and foundation of government. (Virginia Bill of Rights, 1776)

Section 1 proclaims freedom and independence.

Section 1. That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. (Virginia Bill of Rights, 1776)

While the right to property is one of the first to be claimed, the right to justice, derived from Habeas Corpus is not mentioned until Section 8.

Section 8. That in all capital or criminal prosecutions a man has a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself

And then comes freedom of the press.

Section 12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.

The Virginia Bill of Rights also recalls core values and principles:

Section 15. That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles.

Rights however are not granted to all citizens, but to the rich planters. This Virginia document was deeply conservative, keeping power in the hands of the planter oligarchy that had dominated Virginia for a century and a half and upholding the status quo. Mason’s declaration retained the property-owning qualification for voting, keeping power in the hands of fewer than one percent of the population. (Randall, 1993 : 268)

July, 4 2009, Poconos, Pennsylvania

July, 4 2009, Poconos, Pennsylvania

Meanwhile, 56 delegates, representing the 13 colonies are meeting in the Continental Congress in Philadelphia, Pennsylvania. One of the seven delegates from Virginia, Thomas Jefferson is asked to prepare the first draft of a Declaration of Independence. Between 11 and 28 June, Jefferson summarizes ideals expressed by John Locke and others: the first part of the draft is strongly influenced by the Virginia text. This draft is reviewed by Benjamin Franklin and John Adams.

On 2 July, the Continental Congress begins its review of the text, which is finally adopted in the late morning of July 4, less than a month after the Virginia Bill of Rights. Delegates unanimously proclaim their independence from the British Crown.

When in the Course of human events, it becomes necessary for one people to dissolve the political bonds which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. »

While for the Virginia Bill of Rights men are free and independent by nature, the Declaration of Independence recognizes these inalienable rights as given to them by their Creator. Some claim that the first Jefferson draft read We hold these truths to be sacred and undeniable and that Benjamin Franklin suggested to replace the words sacred and undeniable by the words self-evident.

The Declaration of Independence does not define rights as precisely as the Virginia Bill of Rights does. Neither did it have to. With indepence proclaimed, the Virginia Bill of Rights served as a model for similar Bills of Rights, which were promptly adopted by the other colonies. The Virginia text also formed the basis of the 1789 American Bill of Rights.