in case the said bank shall be ceded to France at the time of the peace with the Empire, His Prussian

Majesty, in order to give to the French Republic a proof of his feelings of amity, declares that when the question of the cession of the left bank of the Rhine to France shall arise, he will not oppose it; and, as in that case, in order to indemnify the secular Princes who will lose by that arrangement, the principle of secularizations becomes absolutely indispensable, His Majesty consents to accept the said principle and he shall receive as indemnity for the said Trans-Rhenish provinces, including the enclave of Sevenaer, which in this case will be ceded to France, the remainder of the bishopric of Munster, with the country of Recklinghausen, making deduction of the part mentioned above and on condition of their prior secularization; His Majesty still reserving to himself to add to these what may be suitable to complete his indemnification, upon which matter the two Powers shall come to an agreement.

49. Treaty of the Hague.

May 16, 1795 (27 Floréal, Year III). De Clercq, Traites, I, 236-242.

This treaty illustrates the relationship between France and countries such as Holland which it revolutionized but did not

annex.

REFERENCE. Lavisse and Rambaud, Histoire Generale, VIII,

303-304.

Republic of the United desire to put an end to

The French Republic and the Provinces, equally animated by the the war which has divided them, to repair the evils of it by a just distribution of reciprocal damages and advantages, and to unite themselves forever by an alliance founded upon the true interests of the two peopies, . .

I. The French Republic recognizes the Republic of the United Provinces as a free and independent Power and guarantees to it its liberty, its independence, and the abolition of

the Stadtholderate decreed by the States-General and by each province on its own part.

2. There shall be forever between the two Republics, the French and the United Provinces, peace, friendship, and good understanding.

3. There shall be between the two Republics, until the end of the war, an offensive and defensive alliance against all their enemies without distinction.

4. This offensive and defensive alliance shall exist against England, whenever either of the two Republics shall be at war with her.

5. Neither of the two Republics shall make peace with England, nor treat with her, without the co-operation and consent of the other.

6. The French Republic shall not make peace with any of the other coalesced Powers without including the Republic of the United Provinces.

7. The Republic of the United Provinces shall furnish for its contingent during this campaign twelve line-of-battle ships and eighteen frigates, to be employed principally in the German Ocean, the North and Baltic Seas. These forces shall be increased for the next campaign, if one occurs. The Republic of the United Provinces shall furnish besides, if it is requested to do so, at least half of the land forces which it shall have on foot.

8. The land and sea forces of the United Provinceswhich shall be expressly intended to act with those of the French Republic-shall be under the orders of the French generals.

[Articles 11-12 provide for the transfer to France of Flanders, Maestrecht, Venloo, and other districts in the vicinity of the river Meuse. By article 16 compensation of an equal extent of territory is to be provided at the general peace "out of the country conquered and retained by France."]

17. The French Republic shall continue to occupy militarily, during the present war only, but by a number of troops determined and agreed upon between the two nations, the places and positions which it will be useful to guard for the defence of the country.

20. The Republic of the United Provinces shall pay to the French Republic, as indemnity and damages for the expenses of the war, one hundred million florins current money of Holland, either in coin or in good foreign bills of exchange, in conformity with the method of payment agreed upon between the two Republics.

22.

The Republic of the United Provinces pledges itself not to give asylum to any French Emigré; likewise the French Republic will not give asylum to Orangist Émigrés.

SEPARATE AND SECRET SOCIETIES.

I. [Reduces the naval forces mentioned in number 1 of the open articles to three line-of-battle ships and four frigates.] 2. The districts named in article 12 of the open treaty are reserved [by France] only in order to be united to the French Republic and not to other Powers.

3. A month after the exchange of the ratifications of the present treaty, the French army in the United Provinces shall be reduced, in execution of article 17 of the open treaty, to 25,000 men, who shall be paid in coin, equipped and clothed by the Republic of the United Provinces upon the footing of war, in conformity with a rule which shall be agreed upon between the two governments. This army shall be left after the peace, in whole or in part, to the Republic of the United Provinces as long as she shall desire and it shall be maintained upon the footing that shall be determined for that purpose.

5. The requisitions made directly to the States-General by the Representatives of the People before the signing of the present treaty shall be fulfilled in toto without delay. The repayment of this outlay taken in its totality is reduced and fixed at the sum of ten million florins..

6. The two Contracting Republics mutually guarantee the possessions which they had before this war in the two Indies and upon the coasts of Africa. The harbors of the Cape of

Good Hope, Colombo and Trincomali shall be open to French vessels as well as to vessels of the United Provinces and upon the same terms.

50. Constitution of the Year III.

August 22, 1795 (5 Fructidor, Year III). Duvergier, Lois, VIII, 223-242.

This constitution was drawn up after the suppression of the insurrection of Prairial. which had demanded that the Constitution of the Year I should be put in operation. It was referred to the people, but coupled with the requirement that at least twothirds of the members of the Convention must be elected to the two legislative councils. This "decree of the two-thirds" led to the unsuccessful royalist insurrection of Vendémiaire. The new constitution was then put into effect (October 26, 1795). It remained in operation until 18 Brumaire. The general plan for the legislative and executive branches of the government calls for notice; the former should be compared with those of the constitutions of 1791 and of the Year I (see Nos. 15 and 39), the latter with those of the same documents and of No. 45. The basis for suffrage and oflice-holding should also be compared with the earlier constitutions.

REFERENCES. Gardiner, French Revolution, 247-250; Mathews, French Revolution, 277-280; Fyffe, Modern Europe, I, 100-103 (Students' ed., 68-69): Fournier, Napoleon, 54; Lanfrey, Napoleon, I. 48-50; Von Sybel, French Revolution, IV, 394-404; Lavisse and Rambaud, Histoire Generale, VIII, 227-230, 374-376; Aulard, Revolution Francaise, Part III, Ch. 1.

DECLARATION OF THE RIGHTS AND DUTIES OF MAN

AND CITIZEN.

The French people proclaim in the presence of the Supreme Being the following declaration of the rights of man and citizen.

RIGHTS.

1. The rights of man in society are liberty, equality, security, property.

2. Liberty consists in the power to do that which does not injure the rights of others.

3. Equality consists in this, that the law is the same for all, whether it protects or punishes.

Equality does not admit of any distinction of birth nor of any inheritance of powers.

4.

Security results from the co-operation of all in order to assure the rights of each.

5. Property is the right to enjoy and to dispose of one's goods, income, and the fruit of one's labor and industry.

6. The law is the general will expressed by the majority of the citizens or their representatives.

7. That which is not forbidden by the law cannot be prevented.

No one can be constrained to do that which it does not ordain.

8. No one can be summoned into court, accused, arrested, or detained except in the cases determined by the law and according to the forms which it has prescribed.

9. Those who incite, promote, sign, execute, or cause to be executed arbitrary acts are guilty and ought to be punished.

10. Every severity which may not be necessary to secure the person of a prisoner ought to be severely repressed by the law.

II. No one can be tried until after he has been heard or legally summoned.

12. The law ought to decree only such penalties as are strictly necessary and proportionate to the offence.

13. All treatment which increases the penalty fixed by the law is a crime.

14. No law, either civil or criminal, can have retroactive effect.

15. Every man can contract his time and his services, but he cannot sell himself nor be sold; his person is not an alienable property.

16. Every tax is established for the public utility; it ought to be apportioned among those liable for taxes according to their means.

17.

citizens.

Sovereignty resides essentially in the totality of the

18. No individual nor assembly of part of the citizens can assume the sovereignty.

19. No one can without legal delegation exercise any authority or fill any public function.

20. Each citizen has a legal right to participate directly or indirectly in the formation of the law and in the selection of the representatives of the people and of the public functionaries.