DECLARATION OF THE RIGHTS OF MAN AND OF THE CITIZEN

1789

OF THE

EXHIBITION

EXHIBITION

GUIDE

he National Archive’s new cycle of exhibitions, opening in Autumn 2021, showcases some of

the most symbolic documents in France’s history with the aim of encouraging a better understanding and appreciation of their significance.

Here at the National Archives, we strive to bring the general public into contact with originals of well-known key documents from history that are as important for our present as they were for our past.

We open this cycle with a highly symbolic founding document: the 1789 Declaration of the Rights of Man and of the Citizen. In Spring 2022, the cycle will feature the 1848 Decree abolishing slavery. The public will be consulted on which documents they would like to see in subsequent exhibits. You will decide.

Access to these iconic documents is of course free of charge. We remain true to the principle of “democratic accountability” which has been the touchstone of the public archives since the French Revolution.

Enjoy your visit!

Bruno Ricard Director of the Archives nationales

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number of foreign texts served as the basis for

the French Declaration of 1789. The 1689 Bill of Rights imposed on English sovereigns following the Glorious Revolution defined the principles of Great Britain’s parliamentary monarchy. In 1776, the American colonies drafted constitutions, many of which included a bill of rights, and adopted their Declaration of Independence. It was the Declaration of Independence that particularly influenced the Constituent Assembly’s debates. Many of the Assembly’s deputies – including La Fayette – had participated in the American War of Independence. Based on the principle of natu-ral rights, the Declaration of Independence is often consi-dered the very embodiment of the spirit of the Enlightenment.

The Enlightenment was a philo-sophical movement that was influential in France from the

1680s until the Revolution. Its name refers to the core tenet of combating the darkness of ignorance through knowledge. Enlightenment thought cham-pioned tolerance, liberty and equality. It defined the natu-ral rights of the individual, rights to which every person is entitled as a member of humanity (Encyclopaedists). Enlightenment philosophy deve-loped the theory of general will (Rousseau) and the concept of the separation of powers (Montesquieu). It was concerned for the protection of the indivi-dual from the arbitrary power of the courts and police (Voltaire). French Enlightenment thinkers were also influenced by the English philosopher and politi-cal theorist John Locke (1632-1704), considered the founder of political liberalism, and by the Italian jurist Cesare Beccaria (1738-1794) who denounced the extreme severity of the justice of the period.

Formally adopted on the 26 August 1789 and used as the preamble for the Constitution of 1791, the Declaration of the Rights of Man and of the Citizen was the outcome of multiple discussions held by the Constituent Assembly. Inextricably intertwined with the revolutionary context, this text abolished the Ancien Régime and provided the founding principles for a new French society, as well every political regime that has followed since. Universal in scope, the Declaration is a document of international significance that will continue to prove influential for the world of the future.

SOURCES

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A l t h o u g h t h e g r e a t French philosophers of the Enlightenment had died by 1789 (Voltaire and Rousseau in 1778, d’Alembert in 1783, Diderot in 1784), their ideas had spread far and wide. Enlightenment thought had considerable impact: during this period of rising literacy rates, it was

ubiquitous in literary salons, academies, lodges, reading rooms, books, and the press. It encouraged the emergence of the general public opinion, in tandem with the desacralisation of the Ancien Régime, as can be seen in the Cahiers de Doléances, or lists of grievances, published in 1789.

CAHIER DE DOLÉANCES,

THIRD ESTATE OF PARIS

Excerpt from the Third Estate

of the city of Paris’ “Cahier

de Doléances”, including a “bill of rights” that begins by stating that “all

men are equal in rights”, 1789 (Na-

tional Archives, C//22, leaflet 119)

CAHIER DE DOLÉANCES,

THIRD ESTATE OF PARIS

Excerpt from the Third Estate

of the city of Paris’ “Cahier

de Doléances”, including a “bill of rights” that begins by stating that “all

men are equal in rights”, 1789 (Na-

tional Archives, C//22, leaflet 119)

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THE TENNIS COURT OATHJacques-Louis David, after 1791. In the centre is Jean-Sylvain Bailly, the president of the National Assembly, on whom all gazes converge; the Abbé Grégoire is in the middle of the group of three persons at the forefront; Honoré de Mirabeau, is dressed in black to their right, and behind him is Maximilien de Robespierre, dressed in grey. (Paris Musées / Musée Carnavalet – Histoire de Paris)

Compiled for the Estates-General convened on the 5 May 1789, these Cahiers listed the demands and complaints of the kingdom’s three Estates (the Clergy, Nobility and Commoners) which were addressed to the King. Although many among the nobility agreed to fiscal equality, like the clergy, they refused to relinquish their privileges. The Third Estate made clear its profound discontent, and outrage at the absence of a written constitution. In demanding a number of reforms to taxes, justice, fiscal and civil equality, and the protection of individual liberty, the Third Estate condemned the country’s ageing institutions and the monarchy’s inability to reform.

The majority of the Cahiers’ content was fairly moderate. The monarchy was not called into question, and the feudal system only partially, with

demands for the repurchase of feudal rights and the suppression of seigneurial justice. Although the Cahiers de Doléances are a fascinating reflection of the Zeitgeist at the start of 1789, they do not foretell the events of the summer to come.

The Estates- General were convened for the sole purpose of finding a solution to the kingdom’s financial crisis. Although representing a crushing majority of the French population, Third Estate deputies were denied the vote per head that they had been demanding. Contrary to the traditional vote per Estate, a vote per deputy would have ensured them a majority. On the 17 June, the deputies of the Third Estate proclaimed themselves the National Assembly; on the 20 June, at the tennis court, they took the Tennis Court Oath not to disperse until France had a constitution.

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A COLLECTIVE WORK

t the end of June 1789, deputies of the nobi -

lity and the clergy joined the National Assembly. On the 6 July, the National Assembly nominated a committee in charge of organising work on the constitution. On the 9 July, Assembly secretary Jean-Joseph Mounié proposed a preamble to the constitution, a “declaration of the natural and unalienable rights of man”. An initial draft was presented by La Fayette two days later, which was then followed by several others.

However, the principle of a declaration was not unanimously approved within the Assembly. Lively discussions continued between its partisans and adver-saries throughout early August. The stakes were far higher than a simple debate of ideas. The National Assembly, consisting of deputies from the Estates-General, had not in fact been elected as a constituent assem-bly. Adopting a declaration proclaiming the natural rights of man would allow the Assembly to assert itself as an embodi-ment of the law and confer legitimacy. On the 4 August, having discussed the question of combining the declaration of rights with a declaration of obli-gations, the Assembly decreed that the constitution would be preceded solely by a declaration of the rights of man and of the citizen.

This work was interrupted on the same evening by circums-tance. From the 20 July onwards, following the announcement of Parisian events that raised fears of retaliation by the aristocracy, the Great Fear swept across the country. Combined with food scarcity, the panic provoked riots which often took aim at landowners. Given the scale of this widespread movement and the fear it provoked among landowners, the Assembly abolished class privileges on the night of the 4 August. Although the primary objective of this decision was to appease the people, it was in fact a funda-mental rupture that marked the end of the feudal system. It was deemed fitting to consecrate this legal, political and social revolution that transitioned the nation from what was known as the Ancien Régime to a new era based on legal equality with a solemn proclamation.

After the decrees abolishing privileges were adopted, work on the declaration resumed on the 12 August. The Assembly instructed a committee to examine the various draf t declarations and consolidate them into a single document. Dissatisf ied with the draft presented by this committee on the 17 August, deputies adop-ted the text with conciliatory wording issued by one of the offices charged with preparing

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the Assembly’s work before each session, the 6th office, as a basis of discussion. From the 20 to the 26 August, the text was discussed article by article. The final text was profoundly modi-fied as a result of the debate, and only two articles of the initial 24 were retained without modification. Although only the preamble and 17 articles had been approved, the Assembly decided on the 27 August to suspend discussion in order to focus on the constitution. Deputies intended to finalise the remaining articles once the constitution was complete.

When drafting the constitu-tion, the Assembly granted the King a suspensive veto on the 11 September. However, the King hesitated to approve

the decrees adopted in August abolishing privileges as well as the Declaration. On the 5 October, the King finally gave in to pressure from the National Assembly and the people. The Declaration was promulgated by letters patent on the 3 November. It was not substan-tially modified before being used as the preamble of the Constitution adopted on the 3 September 1791.

The 1789 Declaration was the result of multiple compromises, a collective work produced by the Assembly. Drafted when the Assembly was still defining its working procedures, the process of drafting and adop-ting the Declaration was in fact an experiment in parliamentary procedure.

FRENCH CONSTITUTION OF 1791 Constituent Assembly Decree of the of the 3 September 1791 preceded by the Declaration of the Rights of Man and of the Citizen of 1789 (National Archives, AE/I/10/1)

A COLLECTIVE WORK

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REVOLUTIONARY CONTENT

onsisting of a preamble and 17 Articles, the text

of the Declaration of the Rights of Man and of the Citizen of 1789 is clear, concise and accessible to all.

The preamble mentions neither God nor religion, and places the Declaration under the auspices of

a Supreme Being accepted by all. It clearly identifies its objectives: to remind every person of their rights and obligations; to ensure respect for acts of power; and ensure happiness for all. The first words of Article 1, “men are born and remain free and equal in rights”, summarise the Declaration.

DECLARATION OF THE RIGHTS

OF MAN AND OF THE

CITIZEN Jean-François Le Barbier, the Elder, c. 1789.

Surrounding the preamble of the

Declaration of the Rights of Man, the

monarchy holds the broken chains

of Tyranny and the genius of the Nation holds the sceptre of Power.

(Paris Musées / Musée Carnavalet – Histoire de Paris)

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By annihilating privilege and abuse, the Declaration inau-gurates a new order for which it specifies the fundamental principles.

In terms of individual rights, the Declaration lists and defines the natural and inalienable rights of man that are liberty, property, safety and resistance to oppression (Art. 2). Liberty is understood in all forms (Art. 1, 2, 7 to 11), insofar as it does not harm others (Art. 4), and may only be limited by law (Art.5).

A series of provisions safe-guards individuals against the government, guaranteeing the legal definition of crimes and punishments (Art. 7 and 8), that laws cannot be applied retroac-tively (Art. 8), the presumption of innocence (Art. 9), religious tolerance and freedom of thought (Art. 10). The inviolable and sacred right to property is not specifically defined, and is primarily referred to in terms of expropriation (Art. 17). No precision is given as to resis-ting oppression. Equality is not listed among inalienable rights, but Article 1 states the principle, and the equality of all before the law (Art. 6), taxes (Art. 13) and, contingent on ability, access to public posi-tions and occupations (Art. 6) is guaranteed.

The Declaration specifies the nature of power and lays the foundations for a new poli-tical structure. Sovereignty’s essence l ies in the nation from which all power and

authority emanates (Art. 3). The law is the expression of general will (Art. 6). Citizens participate in the law perso-nally or through their repre-sentative (Art. 3, 6 and 14). The separation of legislative, executive and judicial powers is the fundamental feature of the organisation of public powers (Art. 16). This lays the foundations of a representative system, preventing a return to absolute monarchy. Although the King’s role is not called into question, it is understood that the King, who is not named, governs on behalf of the nation.

The Declaration only l ists rights, and not obligations. However, it is clear that obli-gations arise at various points in the document. Citizens must contribute to the State budget (Art. 13 and 14), resistance to the law is deemed a crime (Art. 7) and a public force is created to safeguard all of the rights specified in the Declaration (Art. 12).

Reinforced by multiple amend-ments, the text does not form a coherent whole. It is rather a reflection of the troubled period during which it was drafted. It omits important points specified in initial drafts, such as the right to education, public assistance, and econo-mic freedom. By ignoring women and slaves, it excludes whole sections of society. Yet despite this, its impact was felt well beyond the bounds of the revolution, making France the country of the rights of man.

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y A u g u s t 17 8 9 , t h e Declaration’s reach was

extensive. Once the constitution was completed, the Declaration had to be revised and corrected. But the Assembly was wary of potentially altering it beyond recognition, and made only a few token formal modifications in September 1791. Popularly known in its provisional draft, the text by this point had already been canonized. In July 1792, a copy of the text engraved on a brass plaque was placed in a chest laid inside the foundations of the future Liberty column, to be raised on the ruins of the Bastille. This metal plaque was officially vandalised on the 5 May 1793, symbolically marking the transition from the monar-chy to the Republic.

The 1789 text quickly became obsolete, replaced by two other declarations adopted at key moments of the Revolution. After the fall of the monar-chy in September 1792, the Declaration of rights of the Constitution of Year I (1793) emphasised equality, forbid slavery and listed new rights, such as the right to public assistance and education. After the Terror, the Constitution of Year III (1795) emphasised the right of property and military reserves, and included a decla-ration of obligations.

Having competed with the 1793 tex t for dominance throughout the 19th century, the 1789 Declaration was f ina l ly deemed the refe -rence historical text. This Declaration incarnates the s p i r i t of th e Revo lu t i o n . Taught to generat ions of French schoolchildren, it is now universally familiar to all the French. Reiterated in the Constitutions of 1852, 1946 and 1958, its constitutional status was of f icially reco -gnised by the Constitution Council on the 16 July 1971. The pinnacle of the hierar-chy of legislative standards, and a source of positive law o n e h u n d r e d a n d e i g ht y years after its adoption, the Declaration is now one of the texts most commonly invoked when verifying the constitu-tionality of laws.

The Declaration itself does not specifically mention France. It is addressed to all, regardless of era and given society. Its universality in terms of the right to individual liberty and sovereignty of people is a rebuttal of arbitrary power. It continues to inspire similar texts beyond the confines of France and opens the door to the definition of new rights that testify to the evolution of customs and society.

TIMELESS AND UNIVERSAL

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In the 19th century, numerous countries and institutions issued their own declaration of rights. In 1948, the United Nations adop-ted the Universal Declaration of Human Rights. It was followed by several international treaties, whose principles signatory States agreed to apply: racial discrimina-tion (1965), economic, social and cultural rights (1966), civil and political rights (1966), cultural and natural world heritage (1972), women’s rights (1979), torture (1984), rights of the child (1989), rights of all migrant workers and members of their families (1990), protection from enforced disap-pearance (2006) and rights of persons with disabilities (2006). Other texts have been adopted at the international level, such as the European Convention on Human Rights (1950) and the African Charter on Human and Peoples’ Rights (1981) which

emphasizes the people’s right to self-determination. Human rights diplomacy was born.

In 2003, UNESCO included the 1789 Declaration in the “Memory of the World” register which lists documentary heritage represen-ting world significance and outs-tanding universal value. The regis-tration covers the original version of the Declaration of the Rights of Man and of the Citizen of 1789 and the original official copy of the Constitution of 1791, held in the National Archives, as well as the first published edition of the Declaration of the Rights of Man and of the Citizen of 1789, held in the Bibliothèque Nationale de France. Often requested for national and international exhi-bitions, the Declaration of the Rights of Man and of the Citizen has travelled the world as far as South Korea.

DECLARATION OF THE RIGHTS

OF MAN AND OF THE CITIZEN OF

1789Engraved on a

bronze plaque, vandalised in

1793 (National Archives, AE/I/9/3)

TIMELESS AND UNIVERSAL

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The representatives of the French People, formed into a National Assembly, considering ignorance, forgetfulness or contempt of the rights of man to be the only causes of public misfortunes and the corruption of Governments, have resolved to set forth, in a solemn Declaration, the natural, unalie-nable and sacred rights of man, to the end that this Declaration, constantly present to all members of the body politic, may remind them unceasingly of their rights and their duties; to the end that the acts of the legislative power and those of the executive power, since they may be continually compared with the aim of every political institution, may thereby be the more respected; to the end that the demands of the citizens, founded henceforth on simple and incontestable principles, may always be directed toward the maintenance of the Constitution and the happiness of all.

In consequence whereof, the National Assembly recognises and declares, in the presence and under the auspices of the Supreme Being, the following Rights of Man and of the Citizen.

ARTICLE FIRSTMen are born and remain free and equal in rights. Social distinctions may be based only on conside-rations of the common good.

ARTICLE 2The aim of every political association is the preser-vation of the natural and imprescriptible rights of Man. These rights are Liberty, Property, Safety and Resistance to Oppression.

DECLARATION OF HUMAN AND CIVIC

RIGHTS1791 VERSION

ARTICLES OF THE

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ARTICLE 3The principle of any Sovereignty lies primarily in the Nation. No corporate body, no individual may exercise any authority that does not expressly emanate from it.

ARTICLE 4Liberty consists in being able to do anything that does not harm others: thus, the exercise of the natural rights of every man has no bounds other than those that ensure to the other members of society the enjoyment of these same rights. These bounds may be determined only by Law.

ARTICLE 5The Law has the right to forbid only those actions that are injurious to society. Nothing that is not forbidden by Law may be hindered, and no one may be compelled to do what the Law does not ordain.

ARTICLE 6The Law is the expression of the general will. All citizens have the right to take part, personally or through their representatives, in its making. It must be the same for all, whether it protects or puni-shes. All citizens, being equal in its eyes, shall be equally eligible to all high offices, public positions and employments, according to their ability, and without other distinction than that of their virtues and talents.

ARTICLE 7No man may be accused, arrested or detained except in the cases determined by the Law, and following the procedure that it has prescribed. Those who solicit, expedite, carry out, or cause to be carried out arbitrary orders must be punished; but any citizen summoned or apprehended by virtue of the Law, must give instant obedience; resistance makes him guilty.

ARTICLE 8The Law must prescribe only the punishments that are strictly and evidently necessary; and no one may be punished except by virtue of a Law drawn up and promulgated before the offense is committed, and legally applied.

ARTICLE 9As every man is presumed innocent until he has been declared guilty, if it should be considered necessary to arrest him, any undue harshness that is not required to secure his person must be severely curbed by Law.

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ARTICLE 10No one may be disturbed on account of his opinions, even religious ones, as long as the mani-festation of such opinions does not interfere with the established Law and Order.

ARTICLE 11The free communication of ideas and of opinions is one of the most precious rights of man. Any citizen may therefore speak, write and publish freely, except what is tantamount to the abuse of this liberty in the cases determined by Law.

ARTICLE 12To guarantee the Rights of Man and of the Citizen a public force is necessary; this force is therefore established for the benefit of all, and not for the particular use of those to whom it is entrusted.

ARTICLE 13For the maintenance of the public force, and for administrative expenses, a general tax is indis-pensable; it must be equally distributed among all citizens, in proportion to their ability to pay.

ARTICLE 14All citizens have the right to ascertain, by them-selves, or through their representatives, the need for a public tax, to consent to it freely, to watch over its use, and to determine its proportion, basis, collection and duration.

ARTICLE 15Society has the right to ask a public official for an accounting of his administration.

ARTICLE 16Any society in which no provision is made for guaranteeing rights or for the separation of powers, has no Constitution.

ARTICLE 17Since the right to Property is inviolable and sacred, no one may be deprived thereof, unless public necessity, legally ascertained, obviously requires it, and just and prior indemnity has been paid.

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EXHIBITION

CURATOR

Céline Parcé

GENERAL COORDINATION

Regis LapasinMarine Benoit-Blain

SCENOGRAPHY

Jérôme PolitiAgathe Castellini, Agata Cieluch, Raymond Ducelier, Christophe Guilbaud

COMMUNICATION

Ratiba Kheniche

GRAPHIC DESIGN

Raphaëlle Vial

Paris60, rue des Francs-Bourgeois

Rambuteau

Monday - Friday10h - 17h30

Saturday - Sunday14h - 17h30

Closed on Tuesday

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Saint-Denis Université

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