Chapter III. Pupils of the Fatherland.

1. The pupils who at the Festival of Youth shall be most distinguished and shall have obtained more especially the approbation of the people shall receive, if they are of small fortune, an annual pension in order to procure for them the opportunity to attend the central schools.

2. Prizes of encouragement shall be distributed every year in the presence of the people at the Festival of Youth.

The professor of the pupils who shall have won the prize shall receive a civic crown.

3. In consequence of the present law, all the establishments devoted to public instruction under the name of colleges and paid stipends by the nation, are and shall remain suppressed within the entire extent of the Republic.

4. The committee of public instruction shall make a report upon the buildings and establishments already devoted to public instruction in the sciences and arts, such as botanical gardens, cabinets of natural history, fields intended for experiments in cultivation, observations, and societies of scholars and artists which it may be well to preserve in the new plan of national instruction.

C. Organic Act upon Education. October 25, 1795 (3 Brumaire, Year III). Duvergier, Lois, VIII, 357-361.

TITLE III. OF THE SPECIAL SCHOOLS.

1. There shall be in the Republic schools especially intended for the study of: Ist, astronomy; 2d, geometry and mechanics; 3d, natural history; 4th, medicine; 5th, the veterinary art; 6th, rural economy; 7th, antiquities; 8th, the political sciences; 9th, painting, sculpture and architecture; 10th, music.

TITLE IV. NATIONAL INSTITUTE OF THE SCIENCES AND ARTS. 1. The National Institute of the Sciences and Arts belongs to the whole Republic; it is located at Paris: it is intended: Ist, to improve the sciences and arts by uninterrupted researches, by the publication of discoveries, by correspondence with foreign learned societies; 2d, to pursue, in conformity with the

laws and orders of the Executive Directory, literary and scientific works which shall have for their purpose the general advantage and the glory of the Republic.

2. It is composed of members residing at Paris ani of an equal number scattered in the different parts of the Republic; it associates with itself foreign scholars, of whom the number is twenty-four, eight for each of the three classes.

6. Each class of the Institute shall publish every year its discoveries and works.

IO. The Institute being once organized, the appointments to vacant places shall be made by the Institute out of a list, at least triple, presented by the class in which a place shall have become vacant.

39. Constitution of the Year I.

June 24, 1793. Duvergier, Lois, V, 352-358.

This constitution was drawn up by the Convention and was submitted to the people. Although accepted by them, it was never put in operation, being first temporarily suspended and afterwards set aside. It possesses decided interest, nevertheless, since it represents the ideas of the Montagnards as to the best permanent form of government. It should be compared with their schemes of provisional government (Nos. 43 and 45) and with the constitutions of 1791 and of the Year III (Nos. 15 and 50), especially with respect to the executive and legislative branches of the government.

REFERENCES. Mathews, French Revolution, 227-229; Stephens, French Revolution, II, 530-535; Aulard, Revolution Francaise, Part II, Ch. iv; Lavisse and Rambaud, Histoire Generale, VIII. 179-180.

DECLARATION OF THE RIGHTS OF MAN AND CITIZEN.

The French people, convinced that forgetfulness and contempt of the natural rights of man are the sole causes of the miseries of the world, have resolved to set forth in a solemn declaration these sacred and inalienable rights in order

that all the citizens, being able to compare unceasingly the acts of the government with the aim of every social institution, may never allow themselves to be oppressed and debased by tyranny; and in order that the people may always have before their eyes the foundations of their liberty and their welfare, the magistrate the rule of his duties, the legislator the purpose of his commission.

In consequence, it proclaims in the presence of the Supreme Being the following declaration of the rights of man and citizen.

1. The aim of society is the common welfare.

Government is instituted in order to guarantee to man the enjoyment of his natural and imprescriptible rights.

3.

4.

2. These rights are equality, liberty, security, and property. All men are equal by nature and before the law. Law is the free and solemn expression of the general will; it is the same for all, whether it protects or punishes; it can command only what is just and useful to society; it can forbid only what is injurious to it.

5. All citizens are equally eligible to public employments. Free peoples know no other grounds for preference in their elections than virtue and talent.

6. Liberty is the power that belongs to man to do whatever is not injurious to the rights of others: it has nature for its principle, justice for its rule, law for its defence; its moral limit is in this maxim: Do not do to another that which you do not wish should be done to you.

7. The right to express one's thoughts and opinions by means of the press or in any other manner, the right to assemble peaceably, the free pursuit of religion, cannot be forbidden.

The necessity of enunciating these rights supposes either the presence or the recollection of recent despotism.

8. Security consists in the protection afforded by society to each of its members for the preservation of his person, his rights, and his property.

9. 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.

II. Any act done against a 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.

12. Those who may incite, expedite, subscribe to, execute or cause to be executed arbitrary legal instruments are guilty and ought to be punished.

13. Every man being presumed innocent until he has been pronounced guilty, if it is thought indispensable to arrest him, all severity that may not be necessary to secure his person ought to be strictly repressed by law.

14. 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.

15. The law ought to impose only penalties that are strictly and obviously necessary: the punishments ought to be proportionate to the offence and useful to society.

16. 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.

19. No one can be deprived of the least portion of his property without his consent, unless a legally established public necessity requires it and upon condition of a just and prior compensation.

20. No tax can be imposed except for the general advantage. All citizens have the right to participate in the estab

lishment of taxes, to watch over the employment of them, and to cause an account of them to be rendered.

21. Public relief is a sacred debt. 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.

23. The social guarantee consists in the action of all to secure to each the enjoyment and the maintenance of his rights: this guarantee rests upon the national sovereignty.

24. It cannot exist if the limits of public functions are not clearly determined by law and if the responsibility of all the functionaries is not secured.

25. The sovereignty resides in the people; it is one and indivisible, imprescriptible, and inalienable.

26. No portion of the people can exercise the power of the entire people; but each section of the sovereign, in assembly, ought to enjoy the right to express its will with entire freedom.

27. Let any person who may usurp the sovereignty be instantly put to death by free men.

28. A people has always the right to review, to reform, and to alter its constitution. One generation cannot subject to its law the future generations.

29. Each citizen has an equal right to participate in the formation of the law and in the selection of his mandatories or his agents.

30. Public functions are necessarily temporary; they cannot be considered as distinctions or rewards, but as duties.

31. The offences of the representatives of the people and of its agents ought never to go unpunished. No one has the right to claim for himself more inviolability than other citizens.

32. The right to present petitions to the depositories of the public authority cannot in any case be forbidden, suspended, nor limited.

33. Resistance to oppression is the consequence of the other rights of man.