1 month 1 day, the government administrative department will announce by announcement that the people in those States or those areas in those States were resisting the United States at that time, if any; On that day, when any state or its people participated in the United States Congress composed of representatives elected by the majority of legitimate voters, and there was no strong evidence to the contrary, the fact was that the state and its people had no conclusive evidence of resistance to the United States.
So now, I, President abraham lincoln of the United States, with the authority of being authorized as the commander-in-chief of the US Navy and Army during the armed rebellion against the US government authorities, as an appropriate and necessary strategic measure to suppress the above rebellion, on 1863, 1 year 1 month, for a whole hundred days from the date mentioned above, and for this purpose, I publicly announced the opponents of the United States as follows.
Arkansas, Texas, Louisiana (except St. Bernard, Placumming, Jefferson, St. John, St. Charles, St. James, Ascension Island, Ascension Island, Delhi, Ravache, St. Mary, St. Martin and Orleans), Including New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina and Virginia (except 48 counties in West Virginia and counties such as Berkeley, Aconmark, Northampton, Elizabeth, York, Angus and Norfolk, including Norfolk and Portsmouth), these excluded areas still temporarily maintain this announcement.
For the above purpose, I use my authority to officially order and declare that all the people who are slaves in the above-mentioned States and some of the above-mentioned States will be free now and forever; The U.S. government, including naval and army authorities, will recognize and safeguard the freedom of the above-mentioned personnel.
I now order these people who have been declared free not to violate the law unless it is necessary to defend themselves; I suggest that they should work as faithfully as possible for a reasonable salary.
I further declare that under appropriate conditions, these people can participate in the military work of the United States, station in areas such as battery, Chendi and garrison, and serve on various warships.
I sincerely believe that this move is a just move, which conforms to the provisions of the Constitution and is also based on military needs. I pray for the prudent judgment of mankind and the grace of Almighty God. In witness whereof, I hereby sign and affix the United States Seal.
Washington, D.C., 1 month 1863, 1, the 87th anniversary of American independence.
Napoleon's "Declaration of Human Rights" was dissatisfied with the third-level meeting convened by Louis XVI. People became angry, formed the National Assembly and demanded a constitution. But Louis XVI forcibly dissolved the parliament and mobilized a large number of troops to gather near Paris. The people overthrew the king and began to design the direction of the country with new ideals. Delegates believe that ignoring, forgetting or flouting human rights is the only cause of public misfortune and government corruption, so they decided to clarify natural, inalienable and sacred human rights in a solemn declaration, so that this declaration can be presented to all members of society frequently and make them constantly think about their rights and obligations; So that the resolutions of legislative power and the decisions of executive power can be compared with the goals of the whole political institution at any time, so as to get more respect from them; So that in the future, citizens' demands based on simple and indisputable principles can ensure the maintenance of the constitution and the happiness of all.
Therefore, the National Assembly confirmed 17 rights before and under the protection of God, and solemnly declared:
Article 1 As far as rights are concerned, everyone is born free and equal. Only in public use can social differences be manifested.
Article 2 The purpose of any political combination is to safeguard the natural and unshakable rights of the people. These rights are freedom, property, security and resistance to oppression.
Article 3 The whole source of sovereignty mainly lies in the people. No group or individual may exercise powers not explicitly granted by sovereignty.
Article 4 Freedom refers to the right to engage in all acts that are harmless to others. Therefore, the exercise of everyone's natural rights can only be restricted by ensuring that other members of society can enjoy the same rights. Such restrictions can only be prescribed by law.
Article 5 The law only has the right to prohibit acts that endanger society. Acts not prohibited by law shall not hinder or force anyone to engage in acts not stipulated by law.
Article 6 Law and law are the expression of public will. All citizens of the country have the right to participate in the formulation of laws in person or through their representatives. The law is the same for all people, whether to protect or punish them. All citizens are equal before the law, so they can hold all official positions, public offices and positions equally according to their own abilities. There can be no other differences except the differences in virtue and talent.
Article 7 No one shall be accused, arrested or detained except in cases and in accordance with procedures prescribed by law. Anyone who proposes, issues, executes or causes the execution of arbitrary orders will be punished; However, citizens who are summoned or detained according to law should obey immediately; Resistance constitutes a crime.
Article 8 The law shall only stipulate the punishments that are really necessary and obviously indispensable, and no one shall be punished except in accordance with the laws that have been formulated, promulgated and implemented according to law before breaking the law.
Article 9 Before anyone is declared guilty, he should be presumed innocent. Even if he thinks he must be arrested, all kinds of unnecessary cruel acts of detaining him should be severely punished by law.
Article 10 As long as expressing opinions does not disturb the public order stipulated by law, no one shall be interfered with because of his opinions, even religious opinions.
Article 11 Freedom to express thoughts and opinions is one of the most precious rights of human beings. Therefore, every citizen has the freedom of speech, writing and publication, but he is responsible for abusing this freedom under the circumstances stipulated by law.
Article 12 The protection of human rights requires the armed forces; Therefore, this power is established for the benefit of all people, not for the personal benefit of the transferee of this power.
Thirteenth, in order to maintain the armed forces and administrative expenses, public taxation has become essential; Taxes should be distributed equally according to the ability of all citizens.
Article 14 All citizens have the right to determine the necessity of taxation in person or by their representatives, freely recognize and pay attention to its use, and decide the tax amount, tax rate, target, collection method and time limit.
Fifteenth society has the right to ask government officials to report their work.
Article 16 There is no constitution in a society where rights are not guaranteed and the separation of powers is not established.
Article 17 property is a sacred and inviolable right, and no one may deprive it unless it is clearly needed by public needs recognized by law and under the conditions of fairness and prior compensation. [Edit this paragraph] The historical significance, characteristics and limitations of the Universal Declaration of Human Rights
1948 is an extremely important year in the history of human rights in the United Nations, which formulated the Universal Declaration of Human Rights. As a declaratory document, the declaration itself does not have legal effect at first, but needs a set of clear and executable international documents to implement. In the decades after its adoption, the situation has changed greatly. Now, the effectiveness of the Declaration has gone far beyond the general resolutions or other declarations adopted by the General Assembly, so that many international lawyers believe that the Declaration is a normative document that stipulates legal obligations for the Member States of the United Nations. United Nations human rights conventions, especially the International Covenant on Civil and Political Rights and other human rights and criminal justice documents, have basically adopted the provisions on individual civil and political rights specified in most provisions of the Declaration, thus giving the contents of the Declaration legal effect.
The idea of formulating the Universal Declaration of Human Rights originated from the reflection on various behaviors of Japan and Germany in World War II. For the same reason, the Declaration is accompanied by the Convention on the Prevention and Punishment of the Crime of Genocide. Before the Second World War, although there were human rights laws to regulate the behavior of the military in the state of war, the Second World War showed that such a legal system was not enough. The international community urgently needed to protect all countries and people in peacetime, but it also needed to provide cross-border and wartime protection for the people.
According to the spirit of the Charter, the United Nations Commission on Human Rights, chaired by Mrs. Roosevelt at that time, was responsible for drafting the declaration, which was adopted by 48 Member States of the United Nations General Assembly at 1948 12 10. The human rights and fundamental freedoms of all mankind stipulated in the Charter are embodied in the Declaration. The declaration includes 1 preambular paragraphs and 30 articles. The preface describes the necessity of making this declaration, among which three points are worth noting: 1) human dignity and equal rights are innate; 2) The declaration affirms the people's customary right to resist; 3) Human rights are the common realization standard of people and countries.
The key parts of the Declaration can be divided into three groups: the first group is the philosophical basis of human rights, which is embodied in Article 1 of the Declaration, that is, "All people are born free and equal in dignity and rights." The second group expounds the general principles of human rights, including: the principle of non-discrimination (Article 2); Everyone has the right to a social and international order in which the rights and freedoms contained in this Declaration can be fully realized (Article 28, paras. 65-438+0); Everyone has an obligation to society, and when people exercise their rights and freedoms, they are only subject to restrictions determined by law (Article 28, paragraph 2). The third group is articles containing substantive rights (articles 3 to 27). The Declaration includes civil and political rights (Articles 3 to 265-438+0) and economic, social and cultural rights (Articles 22 to 27). Among them, civil rights and political rights have become the main sources of the International Covenant on Civil and Political Rights.
The Universal Declaration of Human Rights itself is not mandatory, but it is different from other types of declarations and has high authority: first, it is widely accepted and supported by all countries in the world; Second, its contents have been adopted by other human rights conventions formulated by the United Nations, especially the International Covenant on Civil and Political Rights, so it is enforceable. Let's discuss the historical significance, characteristics and limitations of the Universal Declaration of Human Rights.
The "Declaration" is an epoch-making human rights document, and its far-reaching significance is mainly manifested in three aspects: 1) The "Declaration" has an authoritative guiding role in interpreting the human rights provisions of the United Nations Charter. Since the Charter of the United Nations has no specific human rights content, in this sense, the Declaration fills this gap, and the Declaration specifically expounds the connotation of "human rights and fundamental freedoms" stipulated in the Charter. 2) The Declaration is the first international document that systematically puts forward the specific content of protecting and respecting human rights in the international field, which is of groundbreaking significance. The declaration stipulates economic, social and cultural rights for the first time, and also puts forward some very important human rights ideas and principles, such as recognizing human rights as the basis for maintaining peace; Human rights should be protected by the rule of law; Good social order and international environment are the guarantee of realizing individual rights and freedoms, and so on. 3) As a programmatic document of the international human rights law system, the Declaration is the theoretical or ideological basis of many human rights documents. The Declaration became the basis of international human rights legislation in the United Nations system. Judging from the development of international human rights legislation and practice, the Declaration, as the main component of common international human rights standards, has been recognized by all countries in the world. 1966 the two international covenants on human rights are based on the declaration and are the legalization of the declaration; Other human rights conventions formulated by the United Nations basically inherit, extend and develop the Declaration. In addition, the Declaration has had a great influence on the formulation of some regional human rights conventions, such as the American Convention on Human Rights, the European Convention on Human Rights and the African Charter on Human and Peoples' Rights. The Declaration also directly influenced the formulation of domestic constitutions in some countries.
The declaration has three characteristics: 1) universality, equality and non-discrimination of the subject of rights. The human rights stipulated in the "Declaration" are basic rights that transcend class, nationality, race and gender differences and are equally enjoyed by people all over the world. 2) Abstraction of power content. The subtlety of the Declaration is that it only talks about human rights in an abstract way, while avoiding the specific meaning and characteristics of each human right and the social conditions under which rights can be realized. 3) Diversity and uncertainty of the declaration. In order to make the declaration widely accepted by people and governments of all countries, the declaration adopts the above-mentioned and abstract methods in technology, which makes the content of the declaration very uncertain, thus leading to the emergence of double human rights standards or even multiple human rights standards.
The great influence of the Declaration on the development of human rights in the world is self-evident, but its historical limitations are also obvious. First of all, the purpose of the Declaration is to try to establish common human rights standards for the whole world. However, because the declaration was the product of fierce struggle between the East and the West at that time, it was branded as power politics from the beginning, which also laid the groundwork for the future international human rights struggle. Secondly, the main content of the declaration reflects the concept of human rights in western countries, or ideology. Because by the time the Declaration was formulated, the dominant human rights thoughts and theories were rooted in the world outlook, social historical outlook and values of western countries, and the advocates and drafters of the Declaration mainly came from western countries. Therefore, although the declaration uses extremely abstract language in order to gain wide acceptance, it is still inevitably branded with western ideology and does not meet the development requirements of the vast number of developing countries. In addition, the declaration only regards human rights as individual rights, ignoring and avoiding collective human rights, which obviously does not conform to the reality of the whole human society, or to the reality of most countries in the world. After World War II, one of the characteristics of human rights practice in the international community is to emphasize and protect collective human rights, and the recognition of national self-determination, development, peace and security and environmental rights as human rights is a remarkable proof of this characteristic.
Despite the above shortcomings, the Declaration is the first international human rights document, which reflects in an abstract humanitarian form the strong desire of the people of the world to oppose war, demand peace, oppose colonialism, strive for human rights, develop economy, politics, culture and improve material and spiritual life. Moreover, its limitations and shortcomings have been constantly overcome and compensated by later international human rights instruments. Therefore, the Declaration is still a classic document for the people of the world to promote the international human rights movement and improve the human rights situation in the world.
In the development of human affairs, when a nation must break its political ties with another nation out of respect for human public opinion and accept the independent and equal status of all countries in the world, it must announce the reasons why they have to be independent.
We hold the following truth to be self-evident: all men are created equal, and the creator endowed them with certain inalienable rights, including the right to life, liberty and the pursuit of happiness. In order to protect these rights, human beings have established a government in it, and the legal power of the government is generated with the consent of the ruled. When any form of government is destructive to these goals, the people have the right to change or abolish it in order to establish a new government; The principles it is based on and the way it organizes power make people think that only in this way can their safety and happiness be the most possible. To be prudent, the government that has been established for many years should not be changed for secondary and short-term reasons. All past experience also shows that human beings would rather endure any suffering, as long as it is tolerable, and have no intention of abolishing the government to which they have long been accustomed for their own rights and interests. However, when a series of abuse of power and extortion in pursuit of the same goal prove that the government is trying to put the people under autocratic rule, then the people have the right and obligation to overthrow the government and establish new guarantees for their future security-this is the situation that these colonies resigned in the past, and this is why they have to change the previous government system now. The history of the king of Great Britain today is a continuous history of injustice and usurpation. The sole purpose of these atrocities is to establish tyranny in these countries. In order to prove the truth, announce the following facts to the just world-
He refused to approve the laws that were most beneficial and necessary for the public interest.
He prohibited his governor from approving urgent and extremely necessary laws, or put them on hold for the time being, waiting for his consent; And once these laws were shelved, he completely ignored them.
He refused to approve other laws that are convenient for people in vast areas unless those people are willing to give up their representation in the legislature; But this right is of inestimable value to them, and only tyrants fear this right.
He called state legislatures to an unusual and inconvenient place far from their archives for the sole purpose of exhausting them and having to obey his will.
He dissolved the state legislature many times because they opposed his violation of people's rights with fearless perseverance.
After the dissolution of the state legislature, he refused to elect a new parliament for a long time; However, legislative power cannot be abolished, so this power is still exercised by ordinary people. In fact, these countries are still in a dangerous situation, suffering from foreign aggression and worrying about civil strife.
He tried his best to curb the growth of American population; To this end, he blocked the adoption of the naturalization law for foreigners, refused to approve other laws encouraging foreigners to emigrate to the United States, and improved the conditions for allocating new land.
He refused to approve the law establishing judicial power, which hindered the implementation of judicial work.
He put the tenure, salary and remuneration of judges under his will.
He set up a new government office, sent a large number of officials, harassed our people and exhausted the people's necessary living materials.
He maintained a standing army among us in peacetime without the consent of our legislature.
He tried to make the army independent of civil affairs.
He colluded with some people and put us under a jurisdiction that is not suitable for our system and is not recognized by our laws; He also approved all kinds of fake bills concocted by those people to achieve the following purposes:
A large number of armed forces are stationed among us;
Cover them up with false trials, so that they can kill the residents of our States and still get away with it;
Cut off our trade with the rest of the world;
Tax us without our consent;
In many cases, we are deprived of the rights and interests of the jury system;
Luo Zhi accused us of escorting us overseas for trial;
Abolish the British liberal legal system in a neighboring province, establish an authoritarian government there, and expand the border of the province in an attempt to turn the province into both a model and a handy tool, thus further extending the same totalitarian rule to the colonies here;
Cancel our charter, abolish our most precious laws, and fundamentally change the form of our state governments;
Suspend our own legislature from exercising its power and claim that they have the right to make laws for us on all issues.
He announced that we were no longer under his protection and fought with us, thus giving up the government affairs here.
He plundered our waters, ravaged our coastal areas, burned down our towns and ruined the lives of our people.
At this time, he was transporting a large number of foreign mercenaries to complete the slaughter, destruction and rampant activities. This kind of activity has already begun, and its cruelty and meanness are hard to find a precedent even in the most barbaric times. He is totally unworthy of being the head of a civilized country.
He captured our compatriots on the high seas, forced them to take up arms against their country, became executioners to kill their relatives and friends, or died at their hands.
He incited civil strife among us and tried his best to provoke those ruthless and uncivilized Indians to slaughter and plunder the residents of our frontier; As we all know, the Indian's fighting principle is that all men, women and children will be killed.
At every stage of these oppression, we demand improvement with the most humble words; However, repeated requests get repeated injuries. When a monarch's character is branded as a tyrant, he is not worthy to be the ruler of a free nation.
It's not that we don't care about our brothers in England. We often remind them that their legislature is trying to impose unreasonable jurisdiction on us. We also told them that we immigrated and settled here. We appeal to them for their innate sense of justice, kindness and generosity, and we implore them to give up these predatory behaviors for the sake of the same clan and not to affect their relations and exchanges. But they also turned a deaf ear to this call for justice and blood. Therefore, we really want to break off relations with them and treat them like other nationalities in the world: fighting with us is the enemy; Make up with us and you will be friends.
Therefore, we, the representatives of the United States of in the name of people, gathered at the next meeting of the Continental Congress, with the goodwill of the colonies to the people, appealed to the highest justice in the world without their authorization, explained our solemn intentions, and solemnly announced at the same time; These United colonies are free and independent countries from now on. According to their rights, they must be free and independent countries. They canceled all loyalty obligations to the British royal family, and all political relations between them and the British country were cut off from now on, and they must be cut off; As free and independent countries, they have every right to declare war, conclude peace, form alliances, trade and take all actions that independent countries have the right to take.
In order to support this declaration, we firmly believe in God's blessing and swear to each other with our lives, property and sacred reputation.