Here is the primordial basis, the physical origin of all justice and of all right.
Whatever be the active power, the moving cause, that {69} governs the universe, since it has given to all men the same organs, the same sensations, and the same wants, it has thereby declared that it has given to all the same right to the use of its treasures, and that all men are equal in the order of nature.
And, since this power has given to each man the necessary means of preserving his own existence, it is evident that it has constituted them all independent one of another; that it has created them free; that no one is subject to another; that each one is absolute proprietor of his own person.
Equality and liberty are, therefore, two essential attributes of man, two laws of the Divinity, constitutional and unchangeable, like the physical properties of matter.
Now, every individual being absolute master of his own person, it follows that a full and free consent is a condition indispensable to all contracts and all engagements.
Again, since each individual is equal to another, it follows that the balance of what is received and of what is given, should be strictly in equilibrium; so that the idea of justice, of equity, necessarily imports that of equality.1
Equality and liberty are therefore the physical and unalterable basis of every union of men in society, and of course the necessary and generating principle of every law and of every system of regular government.2
A disregard of this basis has introduced in your nation, and in every other, those disorders which have finally roused you. It is by returning to this rule that you may reform them, and reorganize a happy order of society.
But observe, this reorganization will occasion a violent shock in your habits, your fortunes, and your prejudices. Vicious contracts and abusive claims must be dissolved, {70} unjust distinctions and ill founded property renounced; you must indeed recur for a moment to a state of nature. Consider whether you can consent to so many sacrifices.
Then, reflecting on the cupidity inherent in the heart of man, I thought that this people would renounce all ideas of amelioration.
But, in a moment, a great number of men, advancing toward the pyramid, made a solemn abjuration of all their distinctions and all their riches.
Establish for us, said they, the laws of equality and liberty; we will possess nothing in future but on the title of justice.
Equality, liberty, justice, -- these shall be our code, and shall be written on our standards.
And the people immediately raised a great standard, inscribed with these three words, in three different colors. They displayed it over the pyramid of the legislators, and for the first time the flag of universal justice floated on the face of the earth.
And the people raised before the pyramid a new altar, on which they placed a golden balance, a sword, and a book with this inscription: TO EQUAL LAW, WHICH JUDGES AND PROTECTS.
And having surrounded the pyramid and the altar with a vast amphitheatre, all the people took their seats to hear the publication of the law. And millions of men, raising at once their hands to heaven, took the solemn oath to live equal, free, and just; to respect their reciprocal properties and rights; to obey the law and its regularly chosen representatives.
A spectacle so impressive and sublime, so replete with generous emotions, moved me to tears; and addressing myself to the Genius, I exclaimed: Let me now live, for in future I have everything to hope.
2. In the Declaration of Rights, there is an inversion of ideas in the first article, liberty being placed before equality, from which it in reality springs. This defect is not to be wondered at; the science of the rights of man is a new science: it was invented yesterday by the Americans, to-day the French are perfecting it, but there yet remains a great deal to be done. In the ideas that constitute it there is a genealogical order which, from its basis, physical equality, to the minutest and most remote branches of government, ought to proceed in an uninterrupted series of inferences.