plied to public uses, without his own consent, or that of his legal representatives: Nor can any man who is conscientiously scrupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent, nor are the people bound by any laws, but such as they have in like manner assented to, for their common good.

IX. That in all prosecutions for criminal offences, a man hath a right to be heard by himself and his council, to demand the cause and nature of his accusation, to be confronted with the witnesses, to call for evidence in his favour, and a speedy public trial, by an impartial jury of the country, without the unanimous consent of which jury he cannot be found guilty; nor can he be compelled to give evidence against himself; nor can any man be justly deprived of his liberty except by the laws of the land, or the judgment of his peers.

X. That the people have a right to hold themselves, their houses, papers, and possessions free from search or seizure, and therefore warrants without oaths or affirmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his or their property, not particularly described, are contrary to that right, and ought not to be granted.

XI. That in controversies respecting property, and in suits between man and man, the parties have a right to trial by jury, which ought to be held sacred.

XII. That the people have a right to freedom of speech, and of writing, and publishing their sentiments; therefore the freedom of the press ought not to be restrained.

XIII. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power.

XIV. That a frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry, and frugality are absolutely necessary to preserve the blessings of liberty, and keep a government free: The people ought therefore to pay particular attention to these points in the choice of officers and representatives, and have a right to exact a due and constant regard to them, from their legislators and magistrates, in the making and executing such laws as are necessary for the good government of the state.

XV. That all men have a natural inherent right to emigrate from one state to another that will receive them, or to form a new state in vacant countries, or in such countries as they can purchase, whenever they think that thereby they may promote their own happiness.

XVI. That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply

to the legislature for redress of grievances, by address, petition, or re

monstrance.

In later times, when framing constitutions, it became common to leave out much of the matter contained in the Declaration of Independence, and to make what was retained an introduction to the constitution. The following heading, taken from the present constitution of Ohio, is illustrative of what may to-day be found in nearly all our state constitutions:

THE CONSTITUTION OF THE STATE OF OHIO

We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this constitution.

ARTICLE I

BILL OF RIGHTS

(Here follows a Bill of Rights of twenty Sections)

252. The Cahiers of 1789

(Archives Parlementaires, vol. II, pp. 373-78; trans. by Whitcomb)

When the States-General was summoned to meet, in 1789, it was to be composed of representatives of the three ordersClergy, Nobility, and the Third Estate. Each was to select its representatives, and to guide them se s of instructions, called cahiers, were drawn up in each locality. These were often long and detailed, and represented the wishes or grievances of each group. The following extract from the cahier of the clergy of Blois, digesting the first five divisions and reproducing the sixth, is interesting as revealing the nature of the clerical conception as to the need for and the character of the education that should be provided for the nation.

CAHIER OF THE CLERGY OF BLOIS

Containing the grievances of the order of the clergy of the bailliage of Blois and of the secondary bailliage of Remorantin.

FIRST DIVISION - RELIGION

This relates to the affairs of the Church, and deplores the extension of religious liberty to non-catholics and the growing freedom of the press. SECOND DIVISION - CONSTITUTION

Does not see the need for constitutional reform; recognizes the right of the king to rule and to call the States-General; thinks this should meet

periodically, that each Order should vote separately, and that no action should be taken except by unanimous consent of all three Orders; that no tax should be laid without the consent of the nation; and that provincial assemblies should be re-created to provide for local government.

THIRD DIVISION - TAXES

The rights of the clergy as to taxation, ancient, but in future willing to bear their proper share; financial ministers should be responsible; and recommends the suppression of some of the most objectionable

taxes.

FOURTH DIVISION - JUSTICE

Various recommendations for the reform of the principal abuses and the simplification of legal procedure.

FIFTH DIVISION THE NOBILITY; THE CHASE

Recommends curtailment of the abuse of the chase over the agricultural lands of peasants, and the establishment of regulations as to the keeping of certain kinds of game.

Impressed as we are with the great influence of public education upon the religion, morals and prosperity of the state, we beseech His Majesty to favor it with all his power. We desire:

1. That public instruction shall be absolutely gratuitous, as well in the universities as in the provincial schools;

2. That the provincial colleges shall be entrusted by preference to the corporations of the regular clergy;

3. That many corporations of the regular clergy, which at present are not occupied with the instruction of youth, shall apply themselves to this work, and thereby render themselves more useful to the state;

4. That in towns too small to support a college there shall be at least one or more masters, according to the importance of the place, who shall be able to teach the principles of Latinity or the humanities, and that their salaries shall be sufficient to allow of absolutely gratuitous instruction;

5. That this instruction shall be under the supervision of the parish priests and municipal officers;

6. That each candidate seeking permission to teach shall be obliged to produce proofs of correct life and habits, and to give evidence of his capacity in an examination before the principal and professors of the nearest college.

7. That masters of schools shall not employ as assistants persons from other localities, unless such persons shall have pursued the same vocation for at least two years in the place where they have studied,

and shall be furnished with references and recognized as competent by means of an examination, as above indicated;

8. That, for the purpose of facilitating the education of girls, communities of religious women, whatever may be their institution, shall be obliged to open free public schools for girls under the supervision of the parish priests.

We beseech His Majesty that after the examination, which shall be made in the States General of the cahiers of the various bailliages of the kingdom, this work shall be made public by means of the press, both for the satisfaction of constituents and for the honor of the deputies.

(This document, recorded in the clerk's office of the bailliage of Blois is signed: Abbé Ponthèves, President. Then follow the signatures of 53 parish priests, 14 priors, 8 canons, 8 priests, 3 deans, 3 abbots, 3 curates, one chaplain, one friar, one deacon, and 27 persons unclassified.)

253. The French "Declaration of the Rights of Man "

(Buchez et Rouz, Histoire parlementaire, vol. xI, p. 404; trans. by Robinson, in his Readings in European History, vol. II, p. 409. Ginn & Co., Boston. Reproduced by permission)

The "Declaration of the Rights of Man and of the Citizen," which had been demanded as a charter of liberties by many of the cahiers, was framed and adopted by the Constituent Assembly and made a part of the first French Constitution of 1791. Almost all the articles in the Declaration seek to remedy some ancient French abuse. The document is a clear imitation of American precedents, and the comparison of it with the American Declaration of Independence and the Bills of Rights in various American state constitutions is interesting. This French Declaration exercised great influence in Europe during the nineteenth century, its main ideas being found in many subsequent constitutions.

The representatives of the French people, organized as a National Assembly, believing that the ignorance, neglect, or contempt of the rights of man are the sole cause of public calamities and of the corruption of governments, have determined to set forth in a solemn declaration the natural, inalienable, and sacred rights of man, in order that this declaration, being constantly before all the members of the social body, shall remind them continually of their rights and duties; in order that the acts of the legislative power, as well as those of the executive power, may be compared at any moment with the objects and purposes of all political institutions and may thus be more respected; and, lastly, in order that the grievances of the citizens, based hereafter upon simple and incontestable principles, shall tend to the maintenance of the

constitution and redound to the happiness of all. Therefore the National Assembly recognizes and proclaims, in the presence and under the auspices of the Supreme Being, the following rights of man and of the citizen:

ARTICLES

1. Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.

2. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression.

3. The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not proceed directly from the nation.

4. Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law.

5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one may be forced to do anything not provided for by law,

6. Law is the expression of the general will. Every citizen has a right to participate personally, or through his representative, in its formation. It must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues and talents.

7. No person shall be accused, arrested, or imprisoned except in the cases and according to the forms prescribed by law. Any one soliciting, transmitting, executing, or causing to be executed, any arbitrary order, shall be punished. But any citizen summoned or arrested in virtue of the law shall submit without delay, as resistance constitutes an offense.

8. The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it be legally inflicted in virtue of a law passed and promulgated before the commission of the offense.

9. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not essential to the securing of the prisoner's person shall be severely repressed by law.

10. No one shall be disquieted on account of his opinions, provided their manifestation does not disturb the public order established by law.