Friends and Fellow Citizens: The period for a new election of a
citizen, to administer the executive government of the United
States, being not far distant, and the time actually arrived,
when your thoughts must be employed in designating the person who
is to be clothed with that important trust, it appears to me
proper, especially as it may conduce to a more distinct
expression of the public voice, that I should now apprise you
of the resolution I have formed to decline being considered
among the number of those out of whom a choice is to be made.
. . .
I rejoice that the state of your concerns, external as well
as internal, no longer renders the pursuit of inclination
incompatible with the sentiment of duty or propriety; and am
persuaded, whatever partiality may be retained for my services,
that, in the present circumstances of our country, you will
not disapprove my determination to retire.
The impressions, with which I first undertook the arduous trust,
were explained on the proper occasion. In the discharge of this
trust, I will only say, that I have, with good intentions,
contributed toward the organization and administration of the
Government, the best exertions of which a very fallible judgement
was capable. Not unconscious, in the outset, of the inferiority
of my qualifications, experience in my own eyes, perhaps still
more in the eyes of others, has strengthened the motives to
diffidence of myself; and every day the increasing weight of
years admonishes me more and more, that the shade of retirement
is as necessary to me as it will be welcome. Satisfied that
if any circumstances have given peculiar value to my services,
they were temporary, I have the consolation to believe, that
while choice and prudence invite me to quit the political
scene, patriotism does not forbid it.
. . .
Here, perhaps, I ought to stop. But a solicitude for your
welfare, which cannot end but with my life, and the apprehension
of danger, natural to that solicitude urge me on an occasion
like the present, to offer to your solemn contemplation, and to
recommend to your frequent review, some sentiments; which are
the result of much reflection, of no inconsiderable observation,
and which appear to me all important to the permanency of your
felicity as a people. These will be offered to you with the more
freedom, as you can only see in them the disinterested warnings
of a parting friend, who can possibly have no personal motive
as his counsel.
. . .
Interwoven as is the love of liberty with every ligament of your
hearts, no recommendation of mine is necessary to fortify or
confirm the attachment.
The unity of government which constitutes you one people is also
now dear to you. It is justly so; for it is a main pillar in the
edifice of your real independence, the support of your tranquility
at home; your peace abroad; of your safety; of your prosperity;
of that very liberty which you so highly prize. But as it is easy
to foresee, that from different causes and from different quarters,
much pains will be taken, many artifices employed, to weaken in
your minds the conviction of this truth; as this is the point in
your political fortress against which the batteries of internal
and external enemies will be most constantly and actively (though
often covertly and insidiously) directed, it is of infinite
moment, that you should properly estimate the immense value of
your national Union to your collective and individual happiness;
that you should cherish a cordial, habitual and immoveable
attachment to it; accustoming yourselves to think and speak of
it as the palladium of your political safety and prosperity;
watching for its preservation with jealous anxiety;
discountenancing whatever may suggest even a suspicion that
it can in any event be abandoned, and indignantly frowning
upon the first dawning of every attempt to alienate any portion
of our country from the rest, or to enfeeble the sacred ties
which now link together the various parts.
For this you have every inducement of sympathy and interest.
Citizens by birth or choice, of a common country, that country
has a right to concentrate your affections. The name of
'American', which belongs to you, in your national capacity,
must always exalt the just pride of patriotism, more than any
appelation derived from local discriminations. With slight
shades of difference, you have the same religion, manners,
habits and political principles. You have in a common cause
fought and triumphed together. The independence and liberty
you possess are the work of joint councils, and joint efforts;
of common dangers, sufferings and successes.
But these considerations, however powerfully they address
themselves to your sensibility, are greatly outweighed by those
which apply more immediately to your interest. Here every
portion of our country finds the most commanding motives for
carefully guarding and preserving the union of the whole.
The North, in an unrestrained intercourse with the South,
protected by the equal laws of a common Government, finds in
the production of the latter, great additional resources of
maritime and commercial enterprise and precious materials of
manufacturing industry. The South in the same intercourse,
benefitting by the agency of the North, sees its agriculture
grow and its commerce expand. Turning partly into its own
channels the seamen of the North, it finds its particular
navigation envigorated; and while it contributes, in different
ways, to nourish and increase the general mass of the national
navigation, it looks forward to the protection of a maritime
strength, to which itself is unequally adapted. The East, in
a like intercourse with the West, already finds, and in the
progressive improvement of interior communications, by land
and water, will more and more find a valuable vent for the
commodities which it brings from abroad, or manufactures at
home. The West derives from the East supplies requisite to
its growth and comfort, and what is perhaps of still greater
consequence, it must of necessity owe the secure enjoyment of
indispensable outlets for its own productions to the weight,
influence, and the future maritime strength of the Atlantic
side of the Union, directed by an indissoluble community of
interest as one nation. Any other tenure by which the West
can hold this essential advantage, whether derived from its
own separate strength, or from an apostate and unnatural
connection with any foreign power, must be intrinsically precarious.
While then every part of our country thus feels an immediate and
particular interest in union, all the parts combined cannot fail
to find in the united mass of means and efforts greater strength,
greater resource, proportionably greater security from external
danger, a less frequent interruption of their peace by foreign
nations; and, what is of inestimable value, they must derive
from union an exemption from those broils and wars between
themselves, which so frequently afflict neighboring countries,
not tied together by the same government; which their own
rivalships alone would be sufficient to produce, but which
opposite foreign alliances, attachments and intrigues would
stimulate and imbitter. Hence, likewise, they will avoid the
necessity of those overgrown military establishments which,
under any form of government, are inauspicious to liberty and
which are to be regarded as particularly hostile to republican
liberty. In this sense it is that your union ought to be
considered as a main prop of your liberty, and that the love
of the one ought to endear you to the preservation of the other.
. . .
Is there a doubt whether a common government can embrace so large
a sphere? Let experience solve it. To listen to mere speculation
in such a case were criminal. It is well worth a fair and full
experiment. With such powerful and obvious motives to union
affecting all parts of our country, while experience shall not
have demonstrated its impracticability, there will always be
reason to distrust the patriotism of those who in any quarter
may endeavor to weaken its bands.
In contemplating the causes which may disturb our union, it
occurs as a matter of serious concern, that any ground should
have been furnished for characterizing parties by geographical
discriminations: Northern and Southern; Atlantic and Western;
whence designing men may endeavor to excite a belief that there
is a real difference of local interests and views. One of the
expedients of party to acquire influence, within particular
districts, is to misrepresent the opinions and aims of other
districts. You cannot shield yourselves too much against the
jealousies and heart burnings which spring from these
misrepresentations; they tend to render alien to each other
those who ought to be bound together by fraternal affection.
. . .
To the efficacy and permanency of your union, a Government for
the whole is indispensable. No alliances however strict between
the parts can be an adequate substitute. They must inevitably
experience the infractions and interruptions which all alliances
in all times have experienced. Sensible of this momentous truth,
you have improved upon your first essay, by the adoption of a
Constitution of Government, better calculated than your former
for an intimate union, and for the efficacious management of your
common concerns. This Government, the offspring of your own choice
uninfluenced and unawed, adopted upon full investigation and
mature deliberation, completely free in its principles, in the
distribution of its powers, uniting security with energy, and
containing within itself a provision for its own amendment, has
a just claim to your confidence and your support. Respect for
its authority, compliance with its laws, acquiescence in its
measures, are duties enjoined by the fundamental maxims of
true liberty. The basis of our political systems is the right
of the people to make and to alter their constitutions of
government. But the constitution which at any time exists till
changed by an explicit and authentic act of the whole people
is sacredly obligatory upon all. The very idea of the power and
the right of the people to establish government presupposes the
duty of every individual to obey the established government.
. . .
Toward the preservation of your government and the permanency of
your present happy state, it is requisite not only that you
steadily discountenance irregular oppositions to its acknowledged
authority, but also that you resist with care the spirit of
innovation upon its principles, however specious the pretexts.
One method of assault may be to effect in the forms of the
Constitution alterations which will impair the energy of the
system, and thus to undermine what cannot be directly overthrown.
In all the changes to which you may be invited remember that time
and habit are at least as necessary to fix the true character of
governments as of other human institutions; that experience is
the surest standard by which to test the real tendency of the
existing constitution of a country; that facility in changes
upon the crdit of mere hypothesis and opinion exposes to
perpetual change, from the endless variety of hypothesis and
opinion; and remember especially that for the efficient
management of your common interests in a country so extensive
as ours a government of as much vigor as is consistent with
the perfect security of liberty is indispensable. Liberty
itself will find in such a government, with powers properly
distributed and adjusted, its surest guardian. It is, indeed,
little else than a name where the government is too feeble
to withstand the enterprises of faction, to confine each
member of the society within the limits prescribed by the
laws, and to maintain all in the secure and tranquil
enjoyment of the rights of person and property.
I have already intimated to you the danger of parties in the
State, with particular reference to the founding of them on
geographical discriminations. Let me now take a more
comprehensive view, and warn you in the most solemn manner
against the baneful effects of the spirit of party generally.
This spirit, unfortunately, is inseparable from our nature,
having its root in the strongest passions of the human mind.
It exists under different shapes in all governments, more or
less stifled, controlled, or repressed; but in those of the
popular form it is seen in its greatest rankness and is truly
their worst enemy.
. . .
It serves always to distract the public councils and enfeeble
the public administration. It agitates the community with
illfounded jealousies and false alarms; kindles the animosity
of one part against another; foments occasionally riot and
insurrection. It opens the door to foreign influence and
corruption, which find a facilitated access to the government
itself through the channels of party passion. Thus the policy
and the will of one country are subjected to the policy and
will of another.
There is an opinion that parties in free countries are useful
checks upon the administration of government, and serve to keep
alive the spirit of liberty. This within certain limits is
probably true; and in governments of a monarchial cast
patriotism may look with indulgence, if not with favor, upon
the spirit of party. But in those of the popular character, in
governments purely elective, it is a spirit not to be encouraged.
From their natural tendency it is certain there will always be
enough of that spirit for every salutary purpose; and there
being constant danger of excess, the effort ought to be by force
of public opinion to mitigate and assuage it. A fire not to be
quenched, it demands a uniform vigilance to prevent its bursting
into a flame, lest, instead of warming, it should consume.
It is important, likewise, that the habits of thinking in a
free country should inspire caution in those intrusted with
its administration to confine themselves within their
respective constitutional spheres, avoiding in the exercise
of the powers of one department to encroach upon another.
The spirit of encroachment tends to consolidate the powers
of all the departments in one, and thus to create, whatever
the form of government, a real despotism.
. . .
If in the opinion of the people the distribution or modification
of the constitutional powers be in any particular wrong, let it
be corrected by an amendment in the way which the Constitution
designates. But let there be no change by usurpation; for though
this in one instance may be the instrument of good, it is the
customary weapon by which free governments are destroyed. The
precedent must always greatly overbalance in permanent evil any
partial or transient benefit which the use can at any time yield.
Of all the dispositions and habits which lead to political
prosperity, religion and morality are indispensable supports.
In vain would that man claim the tribute of patriotism who
should labor to subvert these great pillars of human happiness
- these firmest props of the duties of men and citizens. The
mere politician, equally with the pious man, ought to respect
and to cherish them. A volume could not trace all their
connections with private and public felicity. Let it simply
be asked, Where is the security for property, for reputation,
for life, if the sense of religious obligation desert the
oaths which are the instruments of investigation in courts of
justice? And let us with caution indulge the supposition that
morality can be maintained without religion. Whatever may be
conceded to the influence of refined education on minds of
peculiar structure, reason and experience both forbid us to
expect that national morality can prevail in exclusion
of religious principle.
It is substantially true that virtue or morality is a necessary
spring of popular government. The rule indeed extends with more
or less force to every species of free government. Who that is a
sincere friend to it can look with indifference upon attempts to
shake the foundation of the fabric? Promote, then, as an object
of primary importance, institutions for the general diffusion of
knowledge. In proportion as the structure of a government gives
force to public opinion, it is essential that public opinion
should be enlightened.
As a very important source of strength and security, cherish
public credit. One method of preserving it is to use it as
sparingly as possible, avoiding occasions of expense by
cultivating peace, but remembering also that timely
disbursements to prepare for danger frequently prevent
much greater disbursements to repel it; avoiding likewise
the accumulation of debt, not only by shunning occasions of
expense, but by exertions in time of peace to discharge the
debts which unavoidable wars have occasioned, not ungenerously
throwing upon posterity the burthen which we ourselves
ought to bear.
. . .
Observe good faith and justice toward all nations. Cultivate
peace and harmony with all. Religion and morality enjoin this
conduct. And can it be that good policy does not equally enjoin
it? It will be worthy of a free, enlightened, and at no distant
period a great nation to give to mankind the magnanimous and too
novel example of a people always guided by an exalted justice and
benevolence. Who can doubt that in the course of time and things
the fruits of such a plan would richly repay any temporary
advantage which might be lost by a steady adherence to it? Can
it be that Providence has not connected the permanent felicity
of a nation with its virtue? The experiment, at least, is
recommended by every sentiment which enobles human nature.
Alas! is it rendered impossible by its vices?
In the execution of such a plan nothing is more essential than
that permanent, inveterate antipathies against particular
nations and passionate attachments for others should be
excluded, and that in place of them just and amicable feelings
toward all should be cultivated. The nation which indulges
toward another an habitual hatred or an habitual fondness is
in some degree a slave. It is a slave to its animosity or to
its affection, either of which is sufficient to lead it astray
from its duty and its interest. Antipathy in one nation against
another disposes each more readily to offer insult and injury,
to lay hold of slight causes of umbrage, and to be haughty and
intractable when accidental or trifling occasions of dispute occur.
So, likewise, a passionate attachment of one nation for another
produces a variety of evils. Sympathy for the favorite nation,
facilitating the illusion of an imaginary common interest in
cases where no real common interest exists, and infusing into
one the enmities of the other, betrays the former into a
participation in the quarrles and wars of the latter without
adequate inducement or justification. It leads also to
concessions to the favorite nation of privileges denied to
others, which is apt doubly to injure the nation making the
concessions by unnecessarily parting with what ought to have
been retained, and by exciting jealousy, ill will, and a
disposition to retaliate in the parties from whom equal
privileges are withheld; and it gives to ambitious,
corrupted, or deluded citizens (who devote themselves to the
favorite nation) facility to betray or sacrifice the interests
of their own country without odium, sometimes even with
popularity, gilding with the appearances of a virtuous sense
of obligation, a commendable deference for public opinion,
or a laudable zeal for public good the base or foolish
compliances of ambition, corruption, or infatuation.
. . .
Against the insidious wiles of foreign influence (I conjure you
to believe me, fellow citizens) the jealousy of a free people
ought to be constantly awake, since history and experience prove
that foreign influence is one of the most baneful foes of
republican government. But that jealousy, to be useful, must
be impartial, else it becomes the instrument of the very influence
to be avoided, instead of a defense against it. Excessive
partiality for one foreign nation and excessive dislike of
another cause those whom they actuate to see danger only on one
side, and serve to veil and even second the arts of influence
on the other. Real patriots who may resist the intrigues of the
favorite are liable to become suspected and odious, while its
tools and dupes usurp the applause and confidence of the people
to surrender their interests.
The great rule of conduct for us in regard to foreign nations
is, in extending our commercial relations to have with them as
little political connection as possible. So far as we have
already formed engagements let them be fulfilled with perfect
good faith. Here let us stop.
Europe has a set of primary interests which to us have none or a
very remote relation. Hence she must be engaged in frequent
controversies, the causes of which are essentially foreign to
our concerns. Hence, therefore, it must be unwise in us to
implicate ourselves by artificial ties in the ordinary
vicissitudes of her politics or the ordinary combinations
and collisions of her friendships or enmities.
Our detached and distant situation invites and enables us to
pursue a different course. If we remain one people, under an
efficient government, the period is not far off when we may
defy material injury from external annoyance; when we may take
such an attitude as will cause the neutrality we may at any
time resolve upon to be scrupulously respected; when beligerent
nations, under the impossibility of making acquisitions upon
us, will not lightly hazard the giving us provocation; when we
may choose peace or war, as our interest, guided by justice,
shall counsel.
Why forego the advantages of so peculiar a situation? Why quit
our own to stand upon foreign ground? Why, by interweaving our
destiny with that of any part of Europe, entangle our peace and
prosperity in the toils of European ambition, rivalship,
interest, humor, or caprice?
It is our true policy to steer clear of permanent alliances with
any portion of the foreign world, so far, I mean, as we are now
at liberty to do it; for let me not be understood as capable of
patronizing infidelity to existing engagements. I hold the maxim
no less applicable to public than to private affairs that honesty
is always the best policy. I repeat, therefore, let those
engagements be observed in their genuine sense. But in my opinion
it is unnecessary and would be unwise to extend them.
Taking care always to keep ourselves by suitable establishments
on a respectable defensive posture, we may safely trust to
temporary alliances for extraordinary emergencies.
Harmony, liberal intercourse with all nations are recommended
by policy, humanity, and interest. But even our commercial
policy should hold an equal and impartial hand, neither seeking
nor granting exclusive favors or preferences; consulting the
natural course of things; diffusing and diversifying by gentle
means the streams of commerce, but forcing nothing; establishing
with powers so disposed, in order to give trade a stable course,
to define the rights of our merchants, and to enable the
Government to support them, conventional rules of intercourse,
the best that present circumstances and mutual opinion will
permit, but temporary and liable to be from time to time
abandoned or varied as experience and circumstances shall
dictate; constantly keeping in view that it is folly in one
nation to look for disinterested favors from another; that it
must pay with a portion of its independence for whatever it may
accept under that character; that by such acceptance it may
place itself in the condition of having given equivalents for
nominal favors, and yet being reproached with ingratitude for
not giving more. There can be no greater error than to expect
or calculate upon real favors from nation to nation. It is an
illusion which experience must cure, which a just pride ought
to discard.
. . .
Though in reviewing the incidents of my Administration I am
unconscious of intentional error, I am nevertheless too
sensible of my defects not to think it probable that I may have
committed many errors. Whatever they may be, I fervently
beseech the Almighty to avert or mitigate the evils to which
they may tend. I shall also carry with me the hope that my
country will never cease to view them with indulgence, and
that, after forty-five years of my life dedicated to its service
with an upright zeal, the faults of incompetent abilities will
be consigned to oblivion, as myself must soon be to the
mansions of rest.
Relying on its kindness in this as in other things, and
actuated by that fervent love toward it which is so natural
to a man who views in it the native soil of himself and his
progenitors for several generations, I anticipate with pleasing
expectation that retreat in which I promise myself to realize
without alloy the sweet enjoyment of partaking in the midst
of my fellow-citizens the benign influence of good laws under
a free government - the ever-favorite object of my heart, and
the happy reward, as I trust, of our mutual cares, labors
and dangers.
Geo. Washington.
Showing posts with label History. Show all posts
Showing posts with label History. Show all posts
Thursday, 5 June 2008
Declaration of the Rights of Man and of the Citizen
Approved by the National Assembly of France, August 26, 1789
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, unalienable, 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 foundation. 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,
including his religious views, provided their manifestation does
not disturb the public order established by law.
11. The free communication of ideas and opinions is one of the
most precious of the rights of man. Every citizen may,
accordingly, speak, write, and print with freedom, but shall
be responsible for such abuses of this freedom as shall be
defined by law.
12. The security of the rights of man and of the citizen
requires public military forces. These forces are, therefore,
established for the good of all and not for the personal
advantage of those to whom they shall be intrusted.
13. A common contribution is essential for the maintenance
of the public forces and for the cost of administration. This
should be equitably distributed among all the citizens in
proportion to their means.
14. All the citizens have a right to decide, either personally
or by their representatives, as to the necessity of the public
contribution; to grant this freely; to know to what uses it is
put; and to fix the proportion, the mode of assessment and of
collection and the duration of the taxes.
15. Society has the right to require of every public agent an
account of his administration.
16. A society in which the observance of the law is not assured,
nor the separation of powers defined, has no constitution at all.
17. Since property is an inviolable and sacred right, no one
shall be deprived thereof except where public necessity, legally
determined, shall clearly demand it, and then only on condition
that the owner shall have been previously and equitably indemnified.
-------------------------------------
The above document was written by The Marquis de Lafayette,
with help from his friend and neighbor, American envoy to France,
Thomas Jefferson. Lafayette, you may recall, had come to the
Colonies at age 19, been commissioned a Major General, and was
instrumental in the defeat of the British during the American
Revolutionary War. He considered one special man his 'father':
George Washington.
French King Louis XVI signed this document, under duress, but
never intended to support it. Indeed, the Revolution in France
soon followed, leading to the tyrannical rule of Napolean
Bonaparte.
-------------------------------------
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, unalienable, 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 foundation. 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,
including his religious views, provided their manifestation does
not disturb the public order established by law.
11. The free communication of ideas and opinions is one of the
most precious of the rights of man. Every citizen may,
accordingly, speak, write, and print with freedom, but shall
be responsible for such abuses of this freedom as shall be
defined by law.
12. The security of the rights of man and of the citizen
requires public military forces. These forces are, therefore,
established for the good of all and not for the personal
advantage of those to whom they shall be intrusted.
13. A common contribution is essential for the maintenance
of the public forces and for the cost of administration. This
should be equitably distributed among all the citizens in
proportion to their means.
14. All the citizens have a right to decide, either personally
or by their representatives, as to the necessity of the public
contribution; to grant this freely; to know to what uses it is
put; and to fix the proportion, the mode of assessment and of
collection and the duration of the taxes.
15. Society has the right to require of every public agent an
account of his administration.
16. A society in which the observance of the law is not assured,
nor the separation of powers defined, has no constitution at all.
17. Since property is an inviolable and sacred right, no one
shall be deprived thereof except where public necessity, legally
determined, shall clearly demand it, and then only on condition
that the owner shall have been previously and equitably indemnified.
-------------------------------------
The above document was written by The Marquis de Lafayette,
with help from his friend and neighbor, American envoy to France,
Thomas Jefferson. Lafayette, you may recall, had come to the
Colonies at age 19, been commissioned a Major General, and was
instrumental in the defeat of the British during the American
Revolutionary War. He considered one special man his 'father':
George Washington.
French King Louis XVI signed this document, under duress, but
never intended to support it. Indeed, the Revolution in France
soon followed, leading to the tyrannical rule of Napolean
Bonaparte.
-------------------------------------
The Proclamation of Neutrality (1793)
BY THE PRESIDENT OF THE UNITED STATES
A PROCLAMATION
Whereas it appears that a state of war exists between
Austria, Prussia, Sardinia, Great Britain, and the United
Netherlands, of the one part, and France on the other; and
the duty and interest of the United States require, that they
should with sincerity and good faith adopt and pursue a
conduct friendly and impartial toward the belligerant Powers;
I have therefore thought fit by these presents to declare
the disposition of the United States to observe the conduct
aforesaid towards those Powers respectfully; and to exhort and
warn the citizens of the United States carefully to avoid all
acts and proceedings whatsoever, which may in any manner tend
to contravene such disposition.
And I do hereby also make known, that whatsoever of the
citizens of the United States shall render himself liable to
punishment or forfeiture under the law of nations, by
committing, aiding, or abetting hostilities against any of the
said Powers, or by carrying to any of them those articles which
are deemed contraband by the modern usage of nations, will not
receive the protection of the United States, against such
punishment or forfeiture; and further, that I have given
instructions to those officers, to whom it belongs, to cause
prosecutions to be instituted against all persons, who shall,
within the cognizance of the courts of the United States,
violate the law of nations, with respect to the Powers at war,
or any of them.
In testimony whereof, I have caused the seal of the United
States of America to be affixed to these presents, and signed
the same with my hand. Done at the city of Philadelphia, the
twenty-second day of April, one thousand seven hundred and
ninety-three, and of the Independence of the United States of
America the seventeenth.
GEORGE WASHINGTON
April 22, 1793
-------------------------------------
France declared war against Great Britain and Holland
early in April, 1793. President Washington called a special
cabinet meeting, which resulted in this declaration of
neutrality.
-------------------------------------
A PROCLAMATION
Whereas it appears that a state of war exists between
Austria, Prussia, Sardinia, Great Britain, and the United
Netherlands, of the one part, and France on the other; and
the duty and interest of the United States require, that they
should with sincerity and good faith adopt and pursue a
conduct friendly and impartial toward the belligerant Powers;
I have therefore thought fit by these presents to declare
the disposition of the United States to observe the conduct
aforesaid towards those Powers respectfully; and to exhort and
warn the citizens of the United States carefully to avoid all
acts and proceedings whatsoever, which may in any manner tend
to contravene such disposition.
And I do hereby also make known, that whatsoever of the
citizens of the United States shall render himself liable to
punishment or forfeiture under the law of nations, by
committing, aiding, or abetting hostilities against any of the
said Powers, or by carrying to any of them those articles which
are deemed contraband by the modern usage of nations, will not
receive the protection of the United States, against such
punishment or forfeiture; and further, that I have given
instructions to those officers, to whom it belongs, to cause
prosecutions to be instituted against all persons, who shall,
within the cognizance of the courts of the United States,
violate the law of nations, with respect to the Powers at war,
or any of them.
In testimony whereof, I have caused the seal of the United
States of America to be affixed to these presents, and signed
the same with my hand. Done at the city of Philadelphia, the
twenty-second day of April, one thousand seven hundred and
ninety-three, and of the Independence of the United States of
America the seventeenth.
GEORGE WASHINGTON
April 22, 1793
-------------------------------------
France declared war against Great Britain and Holland
early in April, 1793. President Washington called a special
cabinet meeting, which resulted in this declaration of
neutrality.
-------------------------------------
The Munroe Doctrine
The Monroe Doctrine was expressed during President Monroe's
seventh annual message to Congress, December 2, 1823:
. . . At the proposal of the Russian Imperial Government, made
through the minister of the Emperor residing here, a full power
and instructions have been transmitted to the minister of the
United States at St. Petersburg to arrange by amicable negotiation
the respective rights and interests of the two nations on the
northwest coast of this continent. A similar proposal has been
made by His Imperial Majesty to the Government of Great Britain,
which has likewise been acceded to. The Government of the United
States has been desirous by this friendly proceeding of manifesting
the great value which they have invariably attached to the
friendship of the Emperor and their solicitude to cultivate the
best understanding with his Government. In the discussions to
which this interest has given rise and in the arrangements by
which they may terminate the occasion has been judged proper for
asserting, as a principle in which the rights and interests of
the United States are involved, that the American continents, by
the free and independent condition which they have assumed and
maintain, are henceforth not to be considered as subjects for
future colonization by any European powers. . .
It was stated at the commencement of the last session that a great
effort was then making in Spain and Portugal to improve the
condition of the people of those countries, and that it appeared
to be conducted with extraordinary moderation. It need scarcely
be remarked that the results have been so far very different from
what was then anticipated. Of events in that quarter of the globe,
with which we have so much intercourse and from which we derive
our origin, we have always been anxious and interested spectators.
The citizens of the United States cherish sentiments the most
friendly in favor of the liberty and happiness of their fellow-men
on that side of the Atlantic. In the wars of the European powers
in matters relating to themselves we have never taken any part,
nor does it comport with our policy to do so. It is only when our
rights are invaded or seriously menaced that we resent injuries
or make preparation for our defense. With the movements in this
hemisphere we are of necessity more immediately connected, and by
causes which must be obvious to all enlightened and impartial
observers. The political system of the allied powers is essentially
different in this respect from that of America. This difference
proceeds from that which exists in their respective Governments;
and to the defense of our own, which has been achieved by the loss
of so much blood and treasure, and matured by the wisdom of their
most enlightened citizens, and under which we have enjoyed unexampled
felicity, this whole nation is devoted. We owe it, therefore,
to candor and to the amicable relations existing between the United
States and those powers to declare that we should consider any
attempt on their part to extend their system to any portion of
this hemisphere as dangerous to our peace and safety. With the
existing colonies or dependencies of any European power we have
not interfered and shall not interfere. But with the Governments
who have declared their independence and maintain it, and whose
independence we have, on great consideration and on just principles,
acknowledged, we could not view any interposition for the purpose of
oppressing them, or controlling in any other manner their destiny,
by any European power in any other light than as the manifestation
of an unfriendly disposition toward the United States. In the war
between those new Governments and Spain we declared our neutrality
at the time of their recognition, and to this we have adhered,
and shall continue to adhere, provided no change shall occur
which, in the judgement of the competent authorities of this
Government, shall make a corresponding change on the part of
the United States indispensable to their security.
The late events in Spain and Portugal shew that Europe is still
unsettled. Of this important fact no stronger proof can be adduced
than that the allied powers should have thought it proper, on
any principle satisfactory to themselves, to have interposed by
force in the internal concerns of Spain. To what extent such
interposition may be carried, on the same principle, is a question
in which all independent powers whose governments differ from
theirs are interested, even those most remote, and surely none
of them more so than the United States. Our policy in regard to
Europe, which was adopted at an early stage of the wars which have
so long agitated that quarter of the globe, nevertheless remains
the same, which is, not to interfere in the internal concerns of
any of its powers; to consider the government de facto as the
legitimate government for us; to cultivate friendly relations
with it, and to preserve those relations by a frank, firm, and
manly policy, meeting in all instances the just claims of every
power, submitting to injuries from none. But in regard to those
continents circumstances are eminently and conspicuously different.
It is impossible that the allied powers should extend their
political system to any portion of either continent without
endangering our peace and happiness; nor can anyone believe that
our southern brethren, if left to themselves, would adopt it of
their own accord. It is equally impossible, therefore, that we
should behold such interposition in any form with indifference.
If we look to the comparative strength and resources of Spain and
those new Governments, and their distance from each other, it must
be obvious that she can never subdue them. It is still the true
policy of the United States to leave the parties to themselves,
in hope that other powers will pursue the same course. . . .
-------------------------------------
seventh annual message to Congress, December 2, 1823:
. . . At the proposal of the Russian Imperial Government, made
through the minister of the Emperor residing here, a full power
and instructions have been transmitted to the minister of the
United States at St. Petersburg to arrange by amicable negotiation
the respective rights and interests of the two nations on the
northwest coast of this continent. A similar proposal has been
made by His Imperial Majesty to the Government of Great Britain,
which has likewise been acceded to. The Government of the United
States has been desirous by this friendly proceeding of manifesting
the great value which they have invariably attached to the
friendship of the Emperor and their solicitude to cultivate the
best understanding with his Government. In the discussions to
which this interest has given rise and in the arrangements by
which they may terminate the occasion has been judged proper for
asserting, as a principle in which the rights and interests of
the United States are involved, that the American continents, by
the free and independent condition which they have assumed and
maintain, are henceforth not to be considered as subjects for
future colonization by any European powers. . .
It was stated at the commencement of the last session that a great
effort was then making in Spain and Portugal to improve the
condition of the people of those countries, and that it appeared
to be conducted with extraordinary moderation. It need scarcely
be remarked that the results have been so far very different from
what was then anticipated. Of events in that quarter of the globe,
with which we have so much intercourse and from which we derive
our origin, we have always been anxious and interested spectators.
The citizens of the United States cherish sentiments the most
friendly in favor of the liberty and happiness of their fellow-men
on that side of the Atlantic. In the wars of the European powers
in matters relating to themselves we have never taken any part,
nor does it comport with our policy to do so. It is only when our
rights are invaded or seriously menaced that we resent injuries
or make preparation for our defense. With the movements in this
hemisphere we are of necessity more immediately connected, and by
causes which must be obvious to all enlightened and impartial
observers. The political system of the allied powers is essentially
different in this respect from that of America. This difference
proceeds from that which exists in their respective Governments;
and to the defense of our own, which has been achieved by the loss
of so much blood and treasure, and matured by the wisdom of their
most enlightened citizens, and under which we have enjoyed unexampled
felicity, this whole nation is devoted. We owe it, therefore,
to candor and to the amicable relations existing between the United
States and those powers to declare that we should consider any
attempt on their part to extend their system to any portion of
this hemisphere as dangerous to our peace and safety. With the
existing colonies or dependencies of any European power we have
not interfered and shall not interfere. But with the Governments
who have declared their independence and maintain it, and whose
independence we have, on great consideration and on just principles,
acknowledged, we could not view any interposition for the purpose of
oppressing them, or controlling in any other manner their destiny,
by any European power in any other light than as the manifestation
of an unfriendly disposition toward the United States. In the war
between those new Governments and Spain we declared our neutrality
at the time of their recognition, and to this we have adhered,
and shall continue to adhere, provided no change shall occur
which, in the judgement of the competent authorities of this
Government, shall make a corresponding change on the part of
the United States indispensable to their security.
The late events in Spain and Portugal shew that Europe is still
unsettled. Of this important fact no stronger proof can be adduced
than that the allied powers should have thought it proper, on
any principle satisfactory to themselves, to have interposed by
force in the internal concerns of Spain. To what extent such
interposition may be carried, on the same principle, is a question
in which all independent powers whose governments differ from
theirs are interested, even those most remote, and surely none
of them more so than the United States. Our policy in regard to
Europe, which was adopted at an early stage of the wars which have
so long agitated that quarter of the globe, nevertheless remains
the same, which is, not to interfere in the internal concerns of
any of its powers; to consider the government de facto as the
legitimate government for us; to cultivate friendly relations
with it, and to preserve those relations by a frank, firm, and
manly policy, meeting in all instances the just claims of every
power, submitting to injuries from none. But in regard to those
continents circumstances are eminently and conspicuously different.
It is impossible that the allied powers should extend their
political system to any portion of either continent without
endangering our peace and happiness; nor can anyone believe that
our southern brethren, if left to themselves, would adopt it of
their own accord. It is equally impossible, therefore, that we
should behold such interposition in any form with indifference.
If we look to the comparative strength and resources of Spain and
those new Governments, and their distance from each other, it must
be obvious that she can never subdue them. It is still the true
policy of the United States to leave the parties to themselves,
in hope that other powers will pursue the same course. . . .
-------------------------------------
The Mayflower Compact
"In the name of God, Amen. We, whose names are underwritten, the
Loyal Subjects of our dread Sovereign Lord, King James, by the
Grace of God, of England, France and Ireland, King, Defender
of the Faith, e&.
Having undertaken for the Glory of God, and Advancement
of the Christian Faith, and the Honour of our King and
Country, a voyage to plant the first colony in the northern
parts of Virginia; do by these presents, solemnly and
mutually in the Presence of God and one of another, covenant
and combine ourselves together into a civil Body Politick,
for our better Ordering and Preservation, and Furtherance
of the Ends aforesaid; And by Virtue hereof to enact,
constitute, and frame, such just and equal Laws, Ordinances,
Acts, Constitutions and Offices, from time to time, as
shall be thought most meet and convenient for the General
good of the Colony; unto which we promise all due
submission and obedience.
In Witness whereof we have hereunto subscribed our names
at Cape Cod the eleventh of November, in the Reign of our
Sovereign Lord, King James of England, France and Ireland,
the eighteenth, and of Scotland the fifty-fourth.
Anno Domini, 1620."
There followed the signatures of 41 of the 102 passengers,
37 of whom were members of the "Separatists" who were fleeing
religious persecution in Europe. This compact established the
first basis in the new world for written laws. Half the colony
failed to survive the first winter, but the remainder lived on
and prospered.
------------------------------------
Loyal Subjects of our dread Sovereign Lord, King James, by the
Grace of God, of England, France and Ireland, King, Defender
of the Faith, e&.
Having undertaken for the Glory of God, and Advancement
of the Christian Faith, and the Honour of our King and
Country, a voyage to plant the first colony in the northern
parts of Virginia; do by these presents, solemnly and
mutually in the Presence of God and one of another, covenant
and combine ourselves together into a civil Body Politick,
for our better Ordering and Preservation, and Furtherance
of the Ends aforesaid; And by Virtue hereof to enact,
constitute, and frame, such just and equal Laws, Ordinances,
Acts, Constitutions and Offices, from time to time, as
shall be thought most meet and convenient for the General
good of the Colony; unto which we promise all due
submission and obedience.
In Witness whereof we have hereunto subscribed our names
at Cape Cod the eleventh of November, in the Reign of our
Sovereign Lord, King James of England, France and Ireland,
the eighteenth, and of Scotland the fifty-fourth.
Anno Domini, 1620."
There followed the signatures of 41 of the 102 passengers,
37 of whom were members of the "Separatists" who were fleeing
religious persecution in Europe. This compact established the
first basis in the new world for written laws. Half the colony
failed to survive the first winter, but the remainder lived on
and prospered.
------------------------------------
The Magna Carta
Preamble:
John, by the grace of God, king of England, lord
of Ireland, duke of Normandy and Aquitaine, and count
of Anjou, to the archbishop, bishops, abbots, earls,
barons, justiciaries, foresters, sheriffs, stewards,
servants, and to all his bailiffs and liege subjects,
greetings. Know that, having regard to God and for the
salvation of our soul, and those of all our ancestors
and heirs, and unto the honor of God and the advancement
of his holy Church and for the rectifying of our
realm, we have granted as underwritten by advice of our
venerable fathers, Stephen, archbishop of Canterbury,
primate of all England and cardinal of the holy Roman
Church, Henry, archbishop of Dublin, William of London,
Peter of Winchester, Jocelyn of Bath and Glastonbury,
Hugh of Lincoln, Walter of Worcester, William of
Coventry, Benedict of Rochester, bishops; of Master
Pandulf, subdeacon and member of the household of our
lord the Pope, of brother Aymeric (master of the
Knights of the Temple in England), and of the
illustrious men William Marshal, earl of Pembroke,
William, earl of Salisbury, William, earl of Warenne,
William, earl of Arundel, Alan of Galloway (constable
of Scotland), Waren Fitz Gerold, Peter Fitz Herbert,
Hubert De Burgh (seneschal of Poitou), Hugh de Neville,
Matthew Fitz Herbert, Thomas Basset, Alan Basset,
Philip d'Aubigny, Robert of Roppesley, John Marshal,
John Fitz Hugh, and others, our liegemen.
1. In the first place we have granted to God, and
by this our present charter confirmed for us and our
heirs forever that the English Church shall be free,
and shall have her rights entire, and her liberties
inviolate; and we will that it be thus observed; which
is apparent from this that the freedom of elections,
which is reckoned most important and very essential
to the English Church, we, of our pure and
unconstrained will, did grant, and did by our charter
confirm and did obtain the ratification of the same
from our lord, Pope Innocent III, before the quarrel
arose between us and our barons: and this we will
observe, and our will is that it be observed in good
faith by our heirs forever. We have also granted to
all freemen of our kingdom, for us and our heirs
forever, all the underwritten liberties, to be had
and held by them and their heirs, of us and our heirs
forever.
2. If any of our earls or barons, or others
holding of us in chief by military service shall have
died, and at the time of his death his heir shall be
full of age and owe "relief", he shall have his
inheritance by the old relief, to wit, the heir or heirs
of an earl, for the whole baroncy of an earl by L100;
the heir or heirs of a baron, L100 for a whole barony;
the heir or heirs of a knight, 100s, at most, and
whoever owes less let him give less, according to
the ancient custom of fees.
3. If, however, the heir of any one of the
aforesaid has been under age and in wardship, let him
have his inheritance without relief and without fine
when he comes of age.
4. The guardian of the land of an heir who is thus
under age, shall take from the land of the heir nothing
but reasonable produce, reasonable customs, and
reasonable services, and that without destruction or
waste of men or goods; and if we have committed the
wardship of the lands of any such minor to the sheriff,
or to any other who is responsible to us for its
issues, and he has made destruction or waster of what
he holds in wardship, we will take of him amends, and
the land shall be committed to two lawful and discreet
men of that fee, who shall be responsible for the
issues to us or to him to whom we shall assign them;
and if we have given or sold the wardship of any such
land to anyone and he has therein made destruction or
waste, he shall lose that wardship, and it shall be
transferred to two lawful and discreet men of that
fief, who shall be responsible to us in like manner
as aforesaid.
5. The guardian, moreover, so long as he has the
wardship of the land, shall keep up the houses, parks,
fishponds, stanks, mills, and other things pertaining
to the land, out of the issues of the same land; and
he shall restore to the heir, when he has come to full
age, all his land, stocked with ploughs and wainage,
according as the season of husbandry shall require,
and the issues of the land can reasonable bear.
6. Heirs shall be married without disparagement,
yet so that before the marriage takes place the nearest
in blood to that heir shall have notice.
7. A widow, after the death of her husband, shall
forthwith and without difficulty have her marriage
portion and inheritance; nor shall she give anything
for her dower, or for her marriage portion, or for the
inheritance which her husband and she held on the day
of the death of that husband; and she may remain in
the house of her husband for forty days after his
death, within which time her dower shall be assigned
to her.
8. No widow shall be compelled to marry, so long
as she prefers to live without a husband; provided
always that she gives security not to marry without
our consent, if she holds of us, or without the
consent of the lord of whom she holds, if she holds
of another.
9. Neither we nor our bailiffs will seize any
land or rent for any debt, as long as the chattels of
the debtor are sufficient to repay the debt; nor shall
the sureties of the debtor be distrained so long as the
principal debtor is able to satisfy the debt; and if
the principal debtor shall fail to pay the debt, having
nothing wherewith to pay it, then the sureties shall
answer for the debt; and let them have the lands and
rents of the debtor, if they desire them, until they
are indemnified for the debt which they have paid for
him, unless the principal debtor can show proof that
he is discharged thereof as against the said sureties.
10. If one who has borrowed from the Jews any sum,
great or small, die before that loan be repaid, the
debt shall not bear interest while the heir is under
age, of whomsoever he may hold; and if the debt fall
into our hands, we will not take anything except the
principal sum contained in the bond.
11. And if anyone die indebted to the Jews, his
wife shall have her dower and pay nothing of that debt;
and if any children of the deceased are left under
age, necessaries shall be provided for them in keeping
with the holding of the deceased; and out of the
residue the debt shall be paid, reserving, however,
service due to feudal lords; in like manner let it be
done touching debts due to others than Jews.
12. No scutage not aid shall be imposed on our
kingdom, unless by common counsel of our kingdom,
except for ransoming our person, for making our eldest
son a knight, and for once marrying our eldest
daughter; and for these there shall not be levied more
than a reasonable aid. In like manner it shall be
done concerning aids from the city of London.
13. And the city of London shall have all it
ancient liberties and free customs, as well by land as
by water; furthermore, we decree and grant that all
other cities, boroughs, towns, and ports shall have
all their liberties and free customs.
14. And for obtaining the common counsel of the
kingdom anent the assessing of an aid (except in the
three cases aforesaid) or of a scutage, we will cause
to be summoned the archbishops, bishops, abbots,
earls, and greater barons, severally by our letters;
and we will moveover cause to be summoned generally,
through our sheriffs and bailiffs, and others who hold
of us in chief, for a fixed date, namely, after the
expiry of at least forty days, and at a fixed place;
and in all letters of such summons we will specify
the reason of the summons. And when the summons has
thus been made, the business shall proceed on the day
appointed, according to the counsel of such as are
present, although not all who were summoned have come.
15. We will not for the future grant to anyone
license to take an aid from his own free tenants,
except to ransom his person, to make his eldest son a
knight, and once to marry his eldest daughter; and on
each of these occasions there shall be levied only a
reasonable aid.
16. No one shall be distrained for performance
of greater service for a knight's fee, or for any
other free tenement, than is due therefrom.
17. Common pleas shall not follow our court, but
shall be held in some fixed place.
18. Inquests of novel disseisin, of mort
d'ancestor, and of darrein presentment shall not be
held elsewhere than in their own county courts, and
that in manner following; We, or, if we should be out
of the realm, our chief justiciar, will send two
justiciaries through every county four times a year,
who shall alone with four knights of the county chosen
by the county, hold the said assizes in the county
court, on the day and in the place of meeting of that
court.
19. And if any of the said assizes cannot be
taken on the day of the county court, let there remain
of the knights and freeholders, who were present at the
county court on that day, as many as may be required
for the efficient making of judgments, according as the
business be more or less.
20. A freeman shall not be amerced for a slight
offense, except in accordance with the degree of the
offense; and for a grave offense he shall be amerced
in accordance with the gravity of the offense, yet
saving always his "contentment"; and a merchant in the
same way, saving his "merchandise"; and a villein shall
be amerced in the same way, saving his "wainage" if
they have fallen into our mercy: and none of the
aforesaid amercements shall be imposed except by the
oath of honest men of the neighborhood.
21. Earls and barons shall not be amerced except
through their peers, and only in accordance with the
degree of the offense.
22. A clerk shall not be amerced in respect of
his lay holding except after the manner of the others
aforesaid; further, he shall not be amerced in
accordance with the extent of his ecclesiastical
benefice.
23. No village or individual shall be compelled
to make bridges at river banks, except those who from
of old were legally bound to do so.
24. No sheriff, constable, coroners, or others of
our bailiffs, shall hold pleas of our Crown.
25. All counties, hundred, wapentakes, and
trithings (except our demesne manors) shall remain at
the old rents, and without any additional payment.
26. If anyone holding of us a lay fief shall die,
and our sheriff or bailiff shall exhibit our letters
patent of summons for a debt which the deceased owed
us, it shall be lawful for our sheriff or bailiff to attach
and enroll the chattels of the deceased, found upon the
lay fief, to the value of that debt, at the sight of
law worthy men, provided always that nothing whatever
be thence removed until the debt which is evident
shall be fully paid to us; and the residue shall be
left to the executors to fulfill the will of the
deceased; and if there be nothing due from him to us,
all the chattels shall go to the deceased, saving to
his wife and children their reasonable shares.
27. If any freeman shall die intestate, his
chattels shall be distributed by the hands of his
nearest kinsfolk and friends, under supervision of the
Church, saving to every one the debts which the
deceased owed to him.
28. No constable or other bailiff of ours shall
take corn or other provisions from anyone without
immediately tendering money therefor, unless he can
have postponement thereof by permission of the seller.
29. No constable shall compel any knight to give
money in lieu of castle-guard, when he is willing to
perform it in his own person, or (if he himself cannot
do it from any reasonable cause) then by another
responsible man. Further, if we have led or sent him
upon military service, he shall be relieved from guard
in proportion to the time during which he has been on
service because of us.
30. No sheriff or bailiff of ours, or other
person, shall take the horses or carts of any freeman
for transport duty, against the will of the said
freeman.
31. Neither we nor our bailiffs shall take, for
our castles or for any other work of ours, wood which
is not ours, against the will of the owner of that
wood.
32. We will not retain beyond one year and one
day, the lands those who have been convicted of felony,
and the lands shall thereafter be handed over to the
lords of the fiefs.
33. All kydells for the future shall be removed
altogether from Thames and Medway, and throughout all
England, except upon the seashore.
34. The writ which is called praecipe shall not
for the future be issued to anyone, regarding any
tenement whereby a freeman may lose his court.
35. Let there be one measure of wine throughout
our whole realm; and one measure of ale; and one
measure of corn, to wit, "the London quarter"; and one
width of cloth (whether dyed, or russet, or
"halberget"), to wit, two ells within the selvedges;
of weights also let it be as of measures.
36. Nothing in future shall be given or taken for
a writ of inquisition of life or limbs, but freely it
shall be granted, and never denied.
37. If anyone holds of us by fee-farm, either
by socage or by burage, or of any other land by knight's
service, we will not (by reason of that fee-farm,
socage, or burgage), have the wardship of the
heir, or of such land of his as if of the fief of that
other; nor shall we have wardship of that fee-farm,
socage, or burgage, unless such fee-farm owes knight's
service. We will not by reason of any small serjeancy
which anyone may hold of us by the service of
rendering to us knives, arrows, or the like, have
wardship of his heir or of the land which he holds
of another lord by knight's service.
38. No bailiff for the future shall, upon his
own unsupported complaint, put anyone to his "law",
without credible witnesses brought for this purposes.
39. No freemen shall be taken or imprisoned
or disseised or exiled or in any way destroyed, nor
will we go upon him nor send upon him, except by the
lawful judgment of his peers or by the law of the land.
40. To no one will we sell, to no one will we
refuse or delay, right or justice.
41. All merchants shall have safe and secure exit
from England, and entry to England, with the right to
tarry there and to move about as well by land as by
water, for buying and selling by the ancient and right
customs, quit from all evil tolls, except (in time of
war) such merchants as are of the land at war with us.
And if such are found in our land at the beginning of
the war, they shall be detained, without injury to
their bodies or goods, until information be received by
us, or by our chief justiciar, how the merchants of our
land found in the land at war with us are treated; and
if our men are safe there, the others shall be safe in
our land.
42. It shall be lawful in future for anyone
(excepting always those imprisoned or outlawed in
accordance with the law of the kingdom, and natives of
any country at war with us, and merchants, who shall be
treated as if above provided) to leave our kingdom and
to return, safe and secure by land and water, except
for a short period in time of war, on grounds of public
policy- reserving always the allegiance due to us.
43. If anyone holding of some escheat (such as the
honor of Wallingford, Nottingham, Boulogne, Lancaster,
or of other escheats which are in our hands and are
baronies) shall die, his heir shall give no other
relief, and perform no other service to us than he
would have done to the baron if that barony had been
in the baron's hand; and we shall hold it in the same
manner in which the baron held it.
44. Men who dwell without the forest need not
henceforth come before our justiciaries of the forest
upon a general summons, unless they are in plea, or
sureties of one or more, who are attached for the forest.
45. We will appoint as justices, constables,
sheriffs, or bailiffs only such as know the law of the
realm and mean to observe it well.
46. All barons who have founded abbeys, concerning
which they hold charters from the kings of England, or
of which they have long continued possession, shall
have the wardship of them, when vacant, as they ought
to have.
47. All forests that have been made such in our
time shall forthwith be disafforsted; and a similar
course shall be followed with regard to river banks
that have been placed "in defense" by us in our time.
48. All evil customs connected with forests and
warrens, foresters and warreners, sheriffs and their
officers, river banks and their wardens, shall
immediately by inquired into in each county by twelve
sworn knights of the same county chosen by the honest
men of the same county, and shall, within forty days of
the said inquest, be utterly abolished, so as never to
be restored, provided always that we previously have
intimation thereof, or our justiciar, if we should not
be in England.
49. We will immediately restore all hostages and
charters delivered to us by Englishmen, as sureties of
the peace of faithful service.
50. We will entirely remove from their
bailiwicks, the relations of Gerard of Athee (so that
in future they shall have no bailiwick in England);
namely, Engelard of Cigogne, Peter, Guy, and Andrew of
Chanceaux, Guy of Cigogne, Geoffrey of Martigny with
his brothers, Philip Mark with his brothers and his
nephew Geoffrey, and the whole brood of the same.
51. As soon as peace is restored, we will banish
from the kingdom all foreign born knights, crossbowmen,
serjeants, and mercenary soldiers who have come with
horses and arms to the kingdom's hurt.
52. If anyone has been dispossessed or removed by
us, without the legal judgment of his peers, from his
lands, castles, franchises, or from his right, we will
immediately restore them to him; and if a dispute arise
over this, then let it be decided by the five and
twenty barons of whom mention is made below in the
clause for securing the peace. Moreover, for all
those possessions, from which anyone has, without the
lawful judgment of his peers, been disseised or
removed, by our father, King Henry, or by our brother,
King Richard, and which we retain in our hand (or which
as possessed by others, to whom we are bound to warrant
them) we shall have respite until the usual term of
crusaders; excepting those things about which a plea
has been raised, or an inquest made by our order,
before our taking of the cross; but as soon as we return
from the expedition, we will immediately grant full
justice therein.
53. We shall have, moreover, the same respite and
in the same manner in rendering justice concerning the
disafforestation or retention of those forests which
Henry our father and Richard our brother afforested,
and concerning the wardship of lands which are of the
fief of another (namely, such wardships as we have
hitherto had by reason of a fief which anyone held of
us by knight's service), and concerning abbeys founded
on other fiefs than our own, in which the lord of the
fee claims to have right; and when we have returned,
or if we desist from our expedition, we will
immediately grant full justice to all who complain of
such things.
54. No one shall be arrested or imprisoned upon
the appeal of a woman, for the death of any other than
her husband.
55. All fines made with us unjustly and against
the law of the land, and all amercements, imposed
unjustly and against the law of the land, shall be
entirely remitted, or else it shall be done concerning
them according to the decision of the five and twenty
barons whom mention is made below in the clause for
securing the pease, or according to the judgment of
the majority of the same, along with the aforesaid
Stephen, archbishop of Canterbury, if he can be
present, and such others as he may wish to bring with
him for this purpose, and if he cannot be present the
business shall nevertheless proceed without him,
provided always that if any one or more of the
aforesaid five and twenty barons are in a similar
suit, they shall be removed as far as concerns this
particular judgment, others being substituted in
their places after having been selected by the rest
of the same five and twenty for this purpose only, and
after having been sworn.
56. If we have disseised or removed Welshmen from
lands or liberties, or other things, without the
legal judgment of their peers in England or in Wales,
they shall be immediately restored to them; and if a
dispute arise over this, then let it be decided in the
marches by the judgment of their peers; for the
tenements in England according to the law of England,
for tenements in Wales according to the law of Wales,
and for tenements in the marches according to the law
of the marches. Welshmen shall do the same to us and
ours.
57. Further, for all those possessions from which
any Welshman has, without the lawful judgment of his
peers, been disseised or removed by King Henry our
father, or King Richard our brother, and which we
retain in our hand (or which are possessed by others,
and which we ought to warrant), we will have respite
until the usual term of crusaders; excepting
those things about which a plea has been raised or an
inquest made by our order before we took the cross; but
as soon as we return (or if perchance we desist from
our expedition), we will immediately grant full
justice in accordance with the laws of the Welsh and in
relation to the foresaid regions.
58. We will immediately give up the son of
Llywelyn and all the hostages of Wales, and the
charters delivered to us as security for the peace.
59. We will do towards Alexander, king of Scots,
concerning the return of his sisters and his hostages,
and concerning his franchises, and his right, in the
same manner as we shall do towards our owher barons of
England, unless it ought to be otherwise according to
the charters which we hold from William his father,
formerly king of Scots; and this shall be according to
the judgment of his peers in our court.
60. Moreover, all these aforesaid customs and
liberties, the observances of which we have granted
in our kingdom as far as pertains to us towards our
men, shall be observed b all of our kingdom, as well
clergy as laymen, as far as pertains to them towards
their men.
61. Since, moveover, for God and the amendment
of our kingdom and for the better allaying of the
quarrel that has arisen between us and our barons,
we have granted all these concessions, desirous that
they should enjoy them in complete and firm endurance
forever, we give and grant to them the underwritten
security, namely, that the barons choose five and
twenty barons of the kingdom, whomsoever they will,
who shall be bound with all their might, to observe and
hold, and cause to be observed, the peace and liberties
we have granted and confirmed to them by this our
present Charter, so that if we, or our justiciar, or
our bailiffs or any one of our officers, shall in
anything be at fault towards anyone, or shall have
broken any one of the articles of this peace or of
this security, and the offense be notified to four
barons of the foresaid five and twenty, the said
four barons shall repair to us (or our justiciar, if
we are out of the realm) and, laying the transgression
before us, petition to have that transgression
redressed without delay. And if we shall not have
corrected the transgression (or, in the event of our
being out of the realm, if our justiciar shall not
have corrected it) within forty days, reckoning from
the time it has been intimated to us (or to our
justiciar, if we should be out of the realm), the
four barons aforesaid shall refer that matter to the
rest of the five and twenty barons, and those five
and twenty barons shall, together with the community
of the whole realm, distrain and distress us in all
possible ways, namely, by seizing our castles,
lands, possessions, and in any other way they can,
until redress has been obtained as they deem fit,
saving harmless our own person, and the persons of our
queen and children; and when redress has been obtained,
they shall resume their old relations towards us. And
let whoever in the country desires it, swear to obey
the orders of the said five and twenty barons for the
execution of all the aforesaid matters, and along with
them, to molest us to the utmost of his power; and we
publicly and freely grant leave to everyone who wishes
to swear, and we shall never forbid anyone to swear.
All those, moveover, in the land who of themselves and
of their own accord are unwilling to swear to the
twenty five to help them in constraining and molesting
us, we shall by our command compel the same to swear to
the effect foresaid. And if any one of the five and
twenty barons shall have died or departed from the
land, or be incapacitated in any other manner which
would prevent the foresaid provisions being carried
out, those of the said twenty five barons who are left
shall choose another in his place according to their
own judgment, and he shall be sworn in the same way as
the others. Further, in all matters, the execution of
which is entrusted,to these twenty five barons, if
perchance these twenty five are present and disagree
about anything, or if some of them, after being
summoned, are unwilling or unable to be present, that
which the majority of those present ordain or command
shall be held as fixed and established, exactly as if
the whole twenty five had concurred in this; and the
said twenty five shall swear that they will faithfully
observe all that is aforesaid, and cause it to be
observed with all their might. And we shall procure
nothing from anyone, directly or indirectly, whereby any
part of these concessions and liberties might be
revoked or diminished; and if any such things has been
procured, let it be void and null, and we shall never
use it personally or by another.
62. And all the will, hatreds, and bitterness that
have arisen between us and our men, clergy and lay,
from the date of the quarrel, we have completely
remitted and pardoned to everyone. Moreover, all
trespasses occasioned by the said quarrel, from Easter
in the sixteenth year of our reign till the restoration
of peace, we have fully remitted to all, both clergy
and laymen, and completely forgiven, as far as
pertains to us. And on this head, we have caused to
be made for them letters testimonial patent of the
lord Stephen, archbishop of Canterbury, of the lord
Henry, archbishop of Dublin, of the bishops aforesaid,
and of Master Pandulf as touching this security and
the concessions aforesaid.
63. Wherefore we will and firmly order that
the English Church be free, and that the men in our
kingdom have and hold all the aforesaid liberties,
rights, and concessions, well and peaceably, freely
and quietly, fully and wholly, for themselves and their
heirs, of us and our heirs, in all respects and in all
places forever, as is aforesaid. An oath, moreover,
has been taken, as well on our part as on the art of
the barons, that all these conditions aforesaid shall
be kept in good faith and without evil intent. Given
under our hand - the above named and many others being
witnesses - in the meadow which is called Runnymede,
between Windsor and Staines, on the fifteenth day of
June, in the seventeenth year of our reign.
John, by the grace of God, king of England, lord
of Ireland, duke of Normandy and Aquitaine, and count
of Anjou, to the archbishop, bishops, abbots, earls,
barons, justiciaries, foresters, sheriffs, stewards,
servants, and to all his bailiffs and liege subjects,
greetings. Know that, having regard to God and for the
salvation of our soul, and those of all our ancestors
and heirs, and unto the honor of God and the advancement
of his holy Church and for the rectifying of our
realm, we have granted as underwritten by advice of our
venerable fathers, Stephen, archbishop of Canterbury,
primate of all England and cardinal of the holy Roman
Church, Henry, archbishop of Dublin, William of London,
Peter of Winchester, Jocelyn of Bath and Glastonbury,
Hugh of Lincoln, Walter of Worcester, William of
Coventry, Benedict of Rochester, bishops; of Master
Pandulf, subdeacon and member of the household of our
lord the Pope, of brother Aymeric (master of the
Knights of the Temple in England), and of the
illustrious men William Marshal, earl of Pembroke,
William, earl of Salisbury, William, earl of Warenne,
William, earl of Arundel, Alan of Galloway (constable
of Scotland), Waren Fitz Gerold, Peter Fitz Herbert,
Hubert De Burgh (seneschal of Poitou), Hugh de Neville,
Matthew Fitz Herbert, Thomas Basset, Alan Basset,
Philip d'Aubigny, Robert of Roppesley, John Marshal,
John Fitz Hugh, and others, our liegemen.
1. In the first place we have granted to God, and
by this our present charter confirmed for us and our
heirs forever that the English Church shall be free,
and shall have her rights entire, and her liberties
inviolate; and we will that it be thus observed; which
is apparent from this that the freedom of elections,
which is reckoned most important and very essential
to the English Church, we, of our pure and
unconstrained will, did grant, and did by our charter
confirm and did obtain the ratification of the same
from our lord, Pope Innocent III, before the quarrel
arose between us and our barons: and this we will
observe, and our will is that it be observed in good
faith by our heirs forever. We have also granted to
all freemen of our kingdom, for us and our heirs
forever, all the underwritten liberties, to be had
and held by them and their heirs, of us and our heirs
forever.
2. If any of our earls or barons, or others
holding of us in chief by military service shall have
died, and at the time of his death his heir shall be
full of age and owe "relief", he shall have his
inheritance by the old relief, to wit, the heir or heirs
of an earl, for the whole baroncy of an earl by L100;
the heir or heirs of a baron, L100 for a whole barony;
the heir or heirs of a knight, 100s, at most, and
whoever owes less let him give less, according to
the ancient custom of fees.
3. If, however, the heir of any one of the
aforesaid has been under age and in wardship, let him
have his inheritance without relief and without fine
when he comes of age.
4. The guardian of the land of an heir who is thus
under age, shall take from the land of the heir nothing
but reasonable produce, reasonable customs, and
reasonable services, and that without destruction or
waste of men or goods; and if we have committed the
wardship of the lands of any such minor to the sheriff,
or to any other who is responsible to us for its
issues, and he has made destruction or waster of what
he holds in wardship, we will take of him amends, and
the land shall be committed to two lawful and discreet
men of that fee, who shall be responsible for the
issues to us or to him to whom we shall assign them;
and if we have given or sold the wardship of any such
land to anyone and he has therein made destruction or
waste, he shall lose that wardship, and it shall be
transferred to two lawful and discreet men of that
fief, who shall be responsible to us in like manner
as aforesaid.
5. The guardian, moreover, so long as he has the
wardship of the land, shall keep up the houses, parks,
fishponds, stanks, mills, and other things pertaining
to the land, out of the issues of the same land; and
he shall restore to the heir, when he has come to full
age, all his land, stocked with ploughs and wainage,
according as the season of husbandry shall require,
and the issues of the land can reasonable bear.
6. Heirs shall be married without disparagement,
yet so that before the marriage takes place the nearest
in blood to that heir shall have notice.
7. A widow, after the death of her husband, shall
forthwith and without difficulty have her marriage
portion and inheritance; nor shall she give anything
for her dower, or for her marriage portion, or for the
inheritance which her husband and she held on the day
of the death of that husband; and she may remain in
the house of her husband for forty days after his
death, within which time her dower shall be assigned
to her.
8. No widow shall be compelled to marry, so long
as she prefers to live without a husband; provided
always that she gives security not to marry without
our consent, if she holds of us, or without the
consent of the lord of whom she holds, if she holds
of another.
9. Neither we nor our bailiffs will seize any
land or rent for any debt, as long as the chattels of
the debtor are sufficient to repay the debt; nor shall
the sureties of the debtor be distrained so long as the
principal debtor is able to satisfy the debt; and if
the principal debtor shall fail to pay the debt, having
nothing wherewith to pay it, then the sureties shall
answer for the debt; and let them have the lands and
rents of the debtor, if they desire them, until they
are indemnified for the debt which they have paid for
him, unless the principal debtor can show proof that
he is discharged thereof as against the said sureties.
10. If one who has borrowed from the Jews any sum,
great or small, die before that loan be repaid, the
debt shall not bear interest while the heir is under
age, of whomsoever he may hold; and if the debt fall
into our hands, we will not take anything except the
principal sum contained in the bond.
11. And if anyone die indebted to the Jews, his
wife shall have her dower and pay nothing of that debt;
and if any children of the deceased are left under
age, necessaries shall be provided for them in keeping
with the holding of the deceased; and out of the
residue the debt shall be paid, reserving, however,
service due to feudal lords; in like manner let it be
done touching debts due to others than Jews.
12. No scutage not aid shall be imposed on our
kingdom, unless by common counsel of our kingdom,
except for ransoming our person, for making our eldest
son a knight, and for once marrying our eldest
daughter; and for these there shall not be levied more
than a reasonable aid. In like manner it shall be
done concerning aids from the city of London.
13. And the city of London shall have all it
ancient liberties and free customs, as well by land as
by water; furthermore, we decree and grant that all
other cities, boroughs, towns, and ports shall have
all their liberties and free customs.
14. And for obtaining the common counsel of the
kingdom anent the assessing of an aid (except in the
three cases aforesaid) or of a scutage, we will cause
to be summoned the archbishops, bishops, abbots,
earls, and greater barons, severally by our letters;
and we will moveover cause to be summoned generally,
through our sheriffs and bailiffs, and others who hold
of us in chief, for a fixed date, namely, after the
expiry of at least forty days, and at a fixed place;
and in all letters of such summons we will specify
the reason of the summons. And when the summons has
thus been made, the business shall proceed on the day
appointed, according to the counsel of such as are
present, although not all who were summoned have come.
15. We will not for the future grant to anyone
license to take an aid from his own free tenants,
except to ransom his person, to make his eldest son a
knight, and once to marry his eldest daughter; and on
each of these occasions there shall be levied only a
reasonable aid.
16. No one shall be distrained for performance
of greater service for a knight's fee, or for any
other free tenement, than is due therefrom.
17. Common pleas shall not follow our court, but
shall be held in some fixed place.
18. Inquests of novel disseisin, of mort
d'ancestor, and of darrein presentment shall not be
held elsewhere than in their own county courts, and
that in manner following; We, or, if we should be out
of the realm, our chief justiciar, will send two
justiciaries through every county four times a year,
who shall alone with four knights of the county chosen
by the county, hold the said assizes in the county
court, on the day and in the place of meeting of that
court.
19. And if any of the said assizes cannot be
taken on the day of the county court, let there remain
of the knights and freeholders, who were present at the
county court on that day, as many as may be required
for the efficient making of judgments, according as the
business be more or less.
20. A freeman shall not be amerced for a slight
offense, except in accordance with the degree of the
offense; and for a grave offense he shall be amerced
in accordance with the gravity of the offense, yet
saving always his "contentment"; and a merchant in the
same way, saving his "merchandise"; and a villein shall
be amerced in the same way, saving his "wainage" if
they have fallen into our mercy: and none of the
aforesaid amercements shall be imposed except by the
oath of honest men of the neighborhood.
21. Earls and barons shall not be amerced except
through their peers, and only in accordance with the
degree of the offense.
22. A clerk shall not be amerced in respect of
his lay holding except after the manner of the others
aforesaid; further, he shall not be amerced in
accordance with the extent of his ecclesiastical
benefice.
23. No village or individual shall be compelled
to make bridges at river banks, except those who from
of old were legally bound to do so.
24. No sheriff, constable, coroners, or others of
our bailiffs, shall hold pleas of our Crown.
25. All counties, hundred, wapentakes, and
trithings (except our demesne manors) shall remain at
the old rents, and without any additional payment.
26. If anyone holding of us a lay fief shall die,
and our sheriff or bailiff shall exhibit our letters
patent of summons for a debt which the deceased owed
us, it shall be lawful for our sheriff or bailiff to attach
and enroll the chattels of the deceased, found upon the
lay fief, to the value of that debt, at the sight of
law worthy men, provided always that nothing whatever
be thence removed until the debt which is evident
shall be fully paid to us; and the residue shall be
left to the executors to fulfill the will of the
deceased; and if there be nothing due from him to us,
all the chattels shall go to the deceased, saving to
his wife and children their reasonable shares.
27. If any freeman shall die intestate, his
chattels shall be distributed by the hands of his
nearest kinsfolk and friends, under supervision of the
Church, saving to every one the debts which the
deceased owed to him.
28. No constable or other bailiff of ours shall
take corn or other provisions from anyone without
immediately tendering money therefor, unless he can
have postponement thereof by permission of the seller.
29. No constable shall compel any knight to give
money in lieu of castle-guard, when he is willing to
perform it in his own person, or (if he himself cannot
do it from any reasonable cause) then by another
responsible man. Further, if we have led or sent him
upon military service, he shall be relieved from guard
in proportion to the time during which he has been on
service because of us.
30. No sheriff or bailiff of ours, or other
person, shall take the horses or carts of any freeman
for transport duty, against the will of the said
freeman.
31. Neither we nor our bailiffs shall take, for
our castles or for any other work of ours, wood which
is not ours, against the will of the owner of that
wood.
32. We will not retain beyond one year and one
day, the lands those who have been convicted of felony,
and the lands shall thereafter be handed over to the
lords of the fiefs.
33. All kydells for the future shall be removed
altogether from Thames and Medway, and throughout all
England, except upon the seashore.
34. The writ which is called praecipe shall not
for the future be issued to anyone, regarding any
tenement whereby a freeman may lose his court.
35. Let there be one measure of wine throughout
our whole realm; and one measure of ale; and one
measure of corn, to wit, "the London quarter"; and one
width of cloth (whether dyed, or russet, or
"halberget"), to wit, two ells within the selvedges;
of weights also let it be as of measures.
36. Nothing in future shall be given or taken for
a writ of inquisition of life or limbs, but freely it
shall be granted, and never denied.
37. If anyone holds of us by fee-farm, either
by socage or by burage, or of any other land by knight's
service, we will not (by reason of that fee-farm,
socage, or burgage), have the wardship of the
heir, or of such land of his as if of the fief of that
other; nor shall we have wardship of that fee-farm,
socage, or burgage, unless such fee-farm owes knight's
service. We will not by reason of any small serjeancy
which anyone may hold of us by the service of
rendering to us knives, arrows, or the like, have
wardship of his heir or of the land which he holds
of another lord by knight's service.
38. No bailiff for the future shall, upon his
own unsupported complaint, put anyone to his "law",
without credible witnesses brought for this purposes.
39. No freemen shall be taken or imprisoned
or disseised or exiled or in any way destroyed, nor
will we go upon him nor send upon him, except by the
lawful judgment of his peers or by the law of the land.
40. To no one will we sell, to no one will we
refuse or delay, right or justice.
41. All merchants shall have safe and secure exit
from England, and entry to England, with the right to
tarry there and to move about as well by land as by
water, for buying and selling by the ancient and right
customs, quit from all evil tolls, except (in time of
war) such merchants as are of the land at war with us.
And if such are found in our land at the beginning of
the war, they shall be detained, without injury to
their bodies or goods, until information be received by
us, or by our chief justiciar, how the merchants of our
land found in the land at war with us are treated; and
if our men are safe there, the others shall be safe in
our land.
42. It shall be lawful in future for anyone
(excepting always those imprisoned or outlawed in
accordance with the law of the kingdom, and natives of
any country at war with us, and merchants, who shall be
treated as if above provided) to leave our kingdom and
to return, safe and secure by land and water, except
for a short period in time of war, on grounds of public
policy- reserving always the allegiance due to us.
43. If anyone holding of some escheat (such as the
honor of Wallingford, Nottingham, Boulogne, Lancaster,
or of other escheats which are in our hands and are
baronies) shall die, his heir shall give no other
relief, and perform no other service to us than he
would have done to the baron if that barony had been
in the baron's hand; and we shall hold it in the same
manner in which the baron held it.
44. Men who dwell without the forest need not
henceforth come before our justiciaries of the forest
upon a general summons, unless they are in plea, or
sureties of one or more, who are attached for the forest.
45. We will appoint as justices, constables,
sheriffs, or bailiffs only such as know the law of the
realm and mean to observe it well.
46. All barons who have founded abbeys, concerning
which they hold charters from the kings of England, or
of which they have long continued possession, shall
have the wardship of them, when vacant, as they ought
to have.
47. All forests that have been made such in our
time shall forthwith be disafforsted; and a similar
course shall be followed with regard to river banks
that have been placed "in defense" by us in our time.
48. All evil customs connected with forests and
warrens, foresters and warreners, sheriffs and their
officers, river banks and their wardens, shall
immediately by inquired into in each county by twelve
sworn knights of the same county chosen by the honest
men of the same county, and shall, within forty days of
the said inquest, be utterly abolished, so as never to
be restored, provided always that we previously have
intimation thereof, or our justiciar, if we should not
be in England.
49. We will immediately restore all hostages and
charters delivered to us by Englishmen, as sureties of
the peace of faithful service.
50. We will entirely remove from their
bailiwicks, the relations of Gerard of Athee (so that
in future they shall have no bailiwick in England);
namely, Engelard of Cigogne, Peter, Guy, and Andrew of
Chanceaux, Guy of Cigogne, Geoffrey of Martigny with
his brothers, Philip Mark with his brothers and his
nephew Geoffrey, and the whole brood of the same.
51. As soon as peace is restored, we will banish
from the kingdom all foreign born knights, crossbowmen,
serjeants, and mercenary soldiers who have come with
horses and arms to the kingdom's hurt.
52. If anyone has been dispossessed or removed by
us, without the legal judgment of his peers, from his
lands, castles, franchises, or from his right, we will
immediately restore them to him; and if a dispute arise
over this, then let it be decided by the five and
twenty barons of whom mention is made below in the
clause for securing the peace. Moreover, for all
those possessions, from which anyone has, without the
lawful judgment of his peers, been disseised or
removed, by our father, King Henry, or by our brother,
King Richard, and which we retain in our hand (or which
as possessed by others, to whom we are bound to warrant
them) we shall have respite until the usual term of
crusaders; excepting those things about which a plea
has been raised, or an inquest made by our order,
before our taking of the cross; but as soon as we return
from the expedition, we will immediately grant full
justice therein.
53. We shall have, moreover, the same respite and
in the same manner in rendering justice concerning the
disafforestation or retention of those forests which
Henry our father and Richard our brother afforested,
and concerning the wardship of lands which are of the
fief of another (namely, such wardships as we have
hitherto had by reason of a fief which anyone held of
us by knight's service), and concerning abbeys founded
on other fiefs than our own, in which the lord of the
fee claims to have right; and when we have returned,
or if we desist from our expedition, we will
immediately grant full justice to all who complain of
such things.
54. No one shall be arrested or imprisoned upon
the appeal of a woman, for the death of any other than
her husband.
55. All fines made with us unjustly and against
the law of the land, and all amercements, imposed
unjustly and against the law of the land, shall be
entirely remitted, or else it shall be done concerning
them according to the decision of the five and twenty
barons whom mention is made below in the clause for
securing the pease, or according to the judgment of
the majority of the same, along with the aforesaid
Stephen, archbishop of Canterbury, if he can be
present, and such others as he may wish to bring with
him for this purpose, and if he cannot be present the
business shall nevertheless proceed without him,
provided always that if any one or more of the
aforesaid five and twenty barons are in a similar
suit, they shall be removed as far as concerns this
particular judgment, others being substituted in
their places after having been selected by the rest
of the same five and twenty for this purpose only, and
after having been sworn.
56. If we have disseised or removed Welshmen from
lands or liberties, or other things, without the
legal judgment of their peers in England or in Wales,
they shall be immediately restored to them; and if a
dispute arise over this, then let it be decided in the
marches by the judgment of their peers; for the
tenements in England according to the law of England,
for tenements in Wales according to the law of Wales,
and for tenements in the marches according to the law
of the marches. Welshmen shall do the same to us and
ours.
57. Further, for all those possessions from which
any Welshman has, without the lawful judgment of his
peers, been disseised or removed by King Henry our
father, or King Richard our brother, and which we
retain in our hand (or which are possessed by others,
and which we ought to warrant), we will have respite
until the usual term of crusaders; excepting
those things about which a plea has been raised or an
inquest made by our order before we took the cross; but
as soon as we return (or if perchance we desist from
our expedition), we will immediately grant full
justice in accordance with the laws of the Welsh and in
relation to the foresaid regions.
58. We will immediately give up the son of
Llywelyn and all the hostages of Wales, and the
charters delivered to us as security for the peace.
59. We will do towards Alexander, king of Scots,
concerning the return of his sisters and his hostages,
and concerning his franchises, and his right, in the
same manner as we shall do towards our owher barons of
England, unless it ought to be otherwise according to
the charters which we hold from William his father,
formerly king of Scots; and this shall be according to
the judgment of his peers in our court.
60. Moreover, all these aforesaid customs and
liberties, the observances of which we have granted
in our kingdom as far as pertains to us towards our
men, shall be observed b all of our kingdom, as well
clergy as laymen, as far as pertains to them towards
their men.
61. Since, moveover, for God and the amendment
of our kingdom and for the better allaying of the
quarrel that has arisen between us and our barons,
we have granted all these concessions, desirous that
they should enjoy them in complete and firm endurance
forever, we give and grant to them the underwritten
security, namely, that the barons choose five and
twenty barons of the kingdom, whomsoever they will,
who shall be bound with all their might, to observe and
hold, and cause to be observed, the peace and liberties
we have granted and confirmed to them by this our
present Charter, so that if we, or our justiciar, or
our bailiffs or any one of our officers, shall in
anything be at fault towards anyone, or shall have
broken any one of the articles of this peace or of
this security, and the offense be notified to four
barons of the foresaid five and twenty, the said
four barons shall repair to us (or our justiciar, if
we are out of the realm) and, laying the transgression
before us, petition to have that transgression
redressed without delay. And if we shall not have
corrected the transgression (or, in the event of our
being out of the realm, if our justiciar shall not
have corrected it) within forty days, reckoning from
the time it has been intimated to us (or to our
justiciar, if we should be out of the realm), the
four barons aforesaid shall refer that matter to the
rest of the five and twenty barons, and those five
and twenty barons shall, together with the community
of the whole realm, distrain and distress us in all
possible ways, namely, by seizing our castles,
lands, possessions, and in any other way they can,
until redress has been obtained as they deem fit,
saving harmless our own person, and the persons of our
queen and children; and when redress has been obtained,
they shall resume their old relations towards us. And
let whoever in the country desires it, swear to obey
the orders of the said five and twenty barons for the
execution of all the aforesaid matters, and along with
them, to molest us to the utmost of his power; and we
publicly and freely grant leave to everyone who wishes
to swear, and we shall never forbid anyone to swear.
All those, moveover, in the land who of themselves and
of their own accord are unwilling to swear to the
twenty five to help them in constraining and molesting
us, we shall by our command compel the same to swear to
the effect foresaid. And if any one of the five and
twenty barons shall have died or departed from the
land, or be incapacitated in any other manner which
would prevent the foresaid provisions being carried
out, those of the said twenty five barons who are left
shall choose another in his place according to their
own judgment, and he shall be sworn in the same way as
the others. Further, in all matters, the execution of
which is entrusted,to these twenty five barons, if
perchance these twenty five are present and disagree
about anything, or if some of them, after being
summoned, are unwilling or unable to be present, that
which the majority of those present ordain or command
shall be held as fixed and established, exactly as if
the whole twenty five had concurred in this; and the
said twenty five shall swear that they will faithfully
observe all that is aforesaid, and cause it to be
observed with all their might. And we shall procure
nothing from anyone, directly or indirectly, whereby any
part of these concessions and liberties might be
revoked or diminished; and if any such things has been
procured, let it be void and null, and we shall never
use it personally or by another.
62. And all the will, hatreds, and bitterness that
have arisen between us and our men, clergy and lay,
from the date of the quarrel, we have completely
remitted and pardoned to everyone. Moreover, all
trespasses occasioned by the said quarrel, from Easter
in the sixteenth year of our reign till the restoration
of peace, we have fully remitted to all, both clergy
and laymen, and completely forgiven, as far as
pertains to us. And on this head, we have caused to
be made for them letters testimonial patent of the
lord Stephen, archbishop of Canterbury, of the lord
Henry, archbishop of Dublin, of the bishops aforesaid,
and of Master Pandulf as touching this security and
the concessions aforesaid.
63. Wherefore we will and firmly order that
the English Church be free, and that the men in our
kingdom have and hold all the aforesaid liberties,
rights, and concessions, well and peaceably, freely
and quietly, fully and wholly, for themselves and their
heirs, of us and our heirs, in all respects and in all
places forever, as is aforesaid. An oath, moreover,
has been taken, as well on our part as on the art of
the barons, that all these conditions aforesaid shall
be kept in good faith and without evil intent. Given
under our hand - the above named and many others being
witnesses - in the meadow which is called Runnymede,
between Windsor and Staines, on the fifteenth day of
June, in the seventeenth year of our reign.
Thomas Jefferson's First Inaugural Address
Called upon to undertake the duties of the first
executive office of our country, I avail myself of the
presence of that portion of my fellow citizens which
is here assembled to express my grateful thanks for
the favor with which they have been pleased to look
toward me, to declare a sincere consciousness that the
task is above my talents, and that I approach it with
those anxious and awful presentiments which the
greatness of the charge and the weakness of my powers
so justly inspire. A rising nation, spread over a
wide and fruitful land, traversing all the seas with
the rich productions of their industry, engaged in
commerce with nations who feel power and forget right,
advancing rapidly to destinies beyond the reach of
mortal eye, when I contemplate these transcendent
objects, and see the honor, the happiness, and the
hopes of this beloved country committed to the issue,
and the auspices of this day, I shrink from the
contemplation, and humble myself before the magnitude
of the undertaking. Utterly, indeed, should I despair
did not the presence of many whom I see here remind me
that in the other high authorities provided by our
Constitution I shall find resources of wisdom, of
virtue, and of zeal on which to rely under all
difficulties. To you, then, gentlemen, who are
charged with the sovereign functions of legislation,
and to those associate with you, I look with
encouragement for that guidance and support which may
enable us to steer with safety the vessel in which we
are all embarked amidst the conflicting elements of a
troubled world.
During the contest of opinion through which we
have passed the animation of discussions and of
exertions has sometimes worn an aspect which might
impose on strangers unused to think freely and to speak
and to write what they think; but this being now
decided by the voice of the nation, announced according
to the rules of the Constitution, all will of course
arrange themselves under the will of the law, and unite
in common efforts for the common good. All, too, will
bear in mind this sacred principle, that though the
will of the majority is in all cases to prevail, that
will to be rightful must be reasonable; that the
minority possesses their equal rights, which equal law
must protect, and to violate would be oppression. Let
us, then, fellow citizens, unite with one heart and
one mind. Let us restore to social intercourse that
harmony and affection without which liberty and even
life itself are but dreary things. And let us reflect
that, having banished from our land that religious
intolerance under which mankind so long bled and
suffered, we have yet gained little if we countenance
a political intolerance as despotic, as wicked, and
capable of as bitter and bloody persecutions. During
the throes and convulsions of the ancient world, during
the agonizing spasms of infuriated man, seeking through
blood and slaughter his long lost liberty, it was not
wonderful that the agitation of the billows should
reach even this distant and peaceful shore; that this
should be more felt and feared by some and less by
others, and should divide opinions as to measures of
safety. But every difference of opinion is not a
difference of principle. We have called by different
names brethren of the same principle. We are all
republicans, we are all federalists. If there be any
among us who would wish to dissolve the Union or to
change its republican form, let them stand undisturbed
as monuments of the safety with which error of opinion
may be tolerated where reason is left free to combat
it. I know, indeed, that some honest men fear that a
republican government can not be strong, that this
Government is not strong enough; but would the honest
patriot, in the full tide of successful experiment,
abandon a government which has so far kept us free and
firm on the theoretic and visionary fear that this
Government, the world's best hope, may by possibility
want energy to preserve itself? I trust not. I
believe this, on the contrary, the strongest Government
on earth. I believe it the only one where every man,
at the call of the law, would fly to the standard of
the law, and would meet invasions of the public order
as his own personal concern. Sometimes it is said that
man cannot be trusted with the government of himself.
Can he, then, be trusted with the government of others?
Or have we found angels in the forms of kings to govern
him? Let history answer this question.
Let us, then, with courage and confidence pursue
our own Federal and Republican principles, our
attachment to union and representative government.
Kindly separated by nature and a wide ocean from the
exterminating havoc of one quarter of the globe; too
high-minded to endure the degradations of the others;
possessing a chosen country, with room enough for our
descendants to the thousandth and thousandth
generation; entertaining a due sense of our equal right
to the use of our own faculties, to the acquisitions of
our own industry, to honor and confidence from our
fellow citizens, resulting not from birth, but from our
actions and their sense of them; enlightened by a
benign religion, professed, indeed, and practiced in
various forms, yet all of them inculcating honesty,
truth, temperance, gratitude, and the love of man;
acknowledging and adoring an overruling Providence,
which by all its dispensations proves that it delights
in the happiness of man here and his greater happiness
hereafter, with all these blessings, what more is
necessary to make us a happy and a prosperous people?
Still one thing more, fellow citizens, a wise and
frugal Government, which shall restrain men from
injuring one another, shall leave them otherwise free
to regulate their own pursuits of industry and
improvement, and shall not take from the mouth of labor
the bread it has earned. This is the sum of good
government, and this is necessary to close the circle
of our felicities.
About to enter, fellow citizens, on the exercise
of duties which comprehend everything dear and valuable
to you, it is proper you should understand what I deem
the essential principles of our Government, and
consequently those which ought to shape its
Administration. I will compress them within the
narrowest compass they will bear, stating the general
principle, but not all its limitations. Equal and
exact justice to all men, of whatever state or
persuasion, religious or political; peace, commerce,
and honest friendship with all nations, entangling
alliances with none; the support of the State
governments in all their rights, as the most competent
administrations for our domestic concerns and the
surest bulwarks against anti-republican tendencies; the
preservation of the General Government in its whole
constitutional vigor, as the sheet anchor of our peace
at home and safety abroad; a jealous care of the right
of election by the people, a mild and safe corrective
of abuses which are lopped by the sword of revolution
where peaceable remedies are unprovided; absolute
acquiescence in the decisions of the majority, the
vital principle of republics, from which is no appeal
but to force, the vital principle and immediate parent
of despotism; a well disciplined militia, our best
reliance in peace and for the first moments of war,
till regulars may relieve them; the supremacy of the
civil over the military authority; economy in the public
expense, that labor may be lightly burthened; the honest
payment of our debts and sacred preservation of the
public faith; encouragement of agriculture, and of
commerce as its handmaid; the diffusion of information
and arraignment of all abuses at the bar of the public
reason; freedom of religion; freedom of the press, and
freedom of person under the protection of the habeas
corpus, and trial by juries impartially selected.
These principles form the bright constellation which
has gone before us and guided our steps through an age
of revolution and reformation. The wisdom of our
sages and blood of our heroes have been devoted to
their attainment. They should be the creed of our
political faith, the text of civic instruction, the
touchstone by which to try the services of those we
trust; and should we wander from them in moments of
error or of alarm, let us hasten to retrace our steps
and to regain the road which alone leads to peace,
liberty, and safety.
I repair, then, fellow citizens, to the post you
have assigned me. With experience enough in
subordinate offices to have seen the difficulties of
this the greatest of all, I have learnt to expect that
it will rarely fall to the lot of imperfect man to
retire from this station with the reputation and the
favor which bring him into it. Without pretensions to
that high confidence you reposed in our first and
greatest revolutionary character, whose preeminent
services had entitled him to the first place in his
country's love and destined for him the fairest page
in the volume of faithful history, I ask so much
confidence only as may give firmness and effect to the
legal administration of your affairs. I shall often go
wrong through defect of judgment. When right, I shall
often be thought wrong by those whose positions will
not command a view of the whole ground. I ask your
indulgence for my own errors, which will never be
intentional, and your support against the errors of
others, who may condemn what they would not if seen in
all its parts. The approbation implied by your
suffrage is a great consolation to me for the past, and
my future solicitude will be to retain the good opinion
of those who have bestowed it in advance, to conciliate
that of others by doing them all the good in my power,
and to be instrumental to the happiness and freedom of
all.
Relying, then, on the patronage of your good will,
I advance with obedience to the work, ready to retire
from it whenever you become sensible how much better
choice it is in your power to make. And may that
Infinite Power which rules the destinies of the
universe lead our councils to what is best, and give
them a favorable issue for your peace and prosperity.
-
executive office of our country, I avail myself of the
presence of that portion of my fellow citizens which
is here assembled to express my grateful thanks for
the favor with which they have been pleased to look
toward me, to declare a sincere consciousness that the
task is above my talents, and that I approach it with
those anxious and awful presentiments which the
greatness of the charge and the weakness of my powers
so justly inspire. A rising nation, spread over a
wide and fruitful land, traversing all the seas with
the rich productions of their industry, engaged in
commerce with nations who feel power and forget right,
advancing rapidly to destinies beyond the reach of
mortal eye, when I contemplate these transcendent
objects, and see the honor, the happiness, and the
hopes of this beloved country committed to the issue,
and the auspices of this day, I shrink from the
contemplation, and humble myself before the magnitude
of the undertaking. Utterly, indeed, should I despair
did not the presence of many whom I see here remind me
that in the other high authorities provided by our
Constitution I shall find resources of wisdom, of
virtue, and of zeal on which to rely under all
difficulties. To you, then, gentlemen, who are
charged with the sovereign functions of legislation,
and to those associate with you, I look with
encouragement for that guidance and support which may
enable us to steer with safety the vessel in which we
are all embarked amidst the conflicting elements of a
troubled world.
During the contest of opinion through which we
have passed the animation of discussions and of
exertions has sometimes worn an aspect which might
impose on strangers unused to think freely and to speak
and to write what they think; but this being now
decided by the voice of the nation, announced according
to the rules of the Constitution, all will of course
arrange themselves under the will of the law, and unite
in common efforts for the common good. All, too, will
bear in mind this sacred principle, that though the
will of the majority is in all cases to prevail, that
will to be rightful must be reasonable; that the
minority possesses their equal rights, which equal law
must protect, and to violate would be oppression. Let
us, then, fellow citizens, unite with one heart and
one mind. Let us restore to social intercourse that
harmony and affection without which liberty and even
life itself are but dreary things. And let us reflect
that, having banished from our land that religious
intolerance under which mankind so long bled and
suffered, we have yet gained little if we countenance
a political intolerance as despotic, as wicked, and
capable of as bitter and bloody persecutions. During
the throes and convulsions of the ancient world, during
the agonizing spasms of infuriated man, seeking through
blood and slaughter his long lost liberty, it was not
wonderful that the agitation of the billows should
reach even this distant and peaceful shore; that this
should be more felt and feared by some and less by
others, and should divide opinions as to measures of
safety. But every difference of opinion is not a
difference of principle. We have called by different
names brethren of the same principle. We are all
republicans, we are all federalists. If there be any
among us who would wish to dissolve the Union or to
change its republican form, let them stand undisturbed
as monuments of the safety with which error of opinion
may be tolerated where reason is left free to combat
it. I know, indeed, that some honest men fear that a
republican government can not be strong, that this
Government is not strong enough; but would the honest
patriot, in the full tide of successful experiment,
abandon a government which has so far kept us free and
firm on the theoretic and visionary fear that this
Government, the world's best hope, may by possibility
want energy to preserve itself? I trust not. I
believe this, on the contrary, the strongest Government
on earth. I believe it the only one where every man,
at the call of the law, would fly to the standard of
the law, and would meet invasions of the public order
as his own personal concern. Sometimes it is said that
man cannot be trusted with the government of himself.
Can he, then, be trusted with the government of others?
Or have we found angels in the forms of kings to govern
him? Let history answer this question.
Let us, then, with courage and confidence pursue
our own Federal and Republican principles, our
attachment to union and representative government.
Kindly separated by nature and a wide ocean from the
exterminating havoc of one quarter of the globe; too
high-minded to endure the degradations of the others;
possessing a chosen country, with room enough for our
descendants to the thousandth and thousandth
generation; entertaining a due sense of our equal right
to the use of our own faculties, to the acquisitions of
our own industry, to honor and confidence from our
fellow citizens, resulting not from birth, but from our
actions and their sense of them; enlightened by a
benign religion, professed, indeed, and practiced in
various forms, yet all of them inculcating honesty,
truth, temperance, gratitude, and the love of man;
acknowledging and adoring an overruling Providence,
which by all its dispensations proves that it delights
in the happiness of man here and his greater happiness
hereafter, with all these blessings, what more is
necessary to make us a happy and a prosperous people?
Still one thing more, fellow citizens, a wise and
frugal Government, which shall restrain men from
injuring one another, shall leave them otherwise free
to regulate their own pursuits of industry and
improvement, and shall not take from the mouth of labor
the bread it has earned. This is the sum of good
government, and this is necessary to close the circle
of our felicities.
About to enter, fellow citizens, on the exercise
of duties which comprehend everything dear and valuable
to you, it is proper you should understand what I deem
the essential principles of our Government, and
consequently those which ought to shape its
Administration. I will compress them within the
narrowest compass they will bear, stating the general
principle, but not all its limitations. Equal and
exact justice to all men, of whatever state or
persuasion, religious or political; peace, commerce,
and honest friendship with all nations, entangling
alliances with none; the support of the State
governments in all their rights, as the most competent
administrations for our domestic concerns and the
surest bulwarks against anti-republican tendencies; the
preservation of the General Government in its whole
constitutional vigor, as the sheet anchor of our peace
at home and safety abroad; a jealous care of the right
of election by the people, a mild and safe corrective
of abuses which are lopped by the sword of revolution
where peaceable remedies are unprovided; absolute
acquiescence in the decisions of the majority, the
vital principle of republics, from which is no appeal
but to force, the vital principle and immediate parent
of despotism; a well disciplined militia, our best
reliance in peace and for the first moments of war,
till regulars may relieve them; the supremacy of the
civil over the military authority; economy in the public
expense, that labor may be lightly burthened; the honest
payment of our debts and sacred preservation of the
public faith; encouragement of agriculture, and of
commerce as its handmaid; the diffusion of information
and arraignment of all abuses at the bar of the public
reason; freedom of religion; freedom of the press, and
freedom of person under the protection of the habeas
corpus, and trial by juries impartially selected.
These principles form the bright constellation which
has gone before us and guided our steps through an age
of revolution and reformation. The wisdom of our
sages and blood of our heroes have been devoted to
their attainment. They should be the creed of our
political faith, the text of civic instruction, the
touchstone by which to try the services of those we
trust; and should we wander from them in moments of
error or of alarm, let us hasten to retrace our steps
and to regain the road which alone leads to peace,
liberty, and safety.
I repair, then, fellow citizens, to the post you
have assigned me. With experience enough in
subordinate offices to have seen the difficulties of
this the greatest of all, I have learnt to expect that
it will rarely fall to the lot of imperfect man to
retire from this station with the reputation and the
favor which bring him into it. Without pretensions to
that high confidence you reposed in our first and
greatest revolutionary character, whose preeminent
services had entitled him to the first place in his
country's love and destined for him the fairest page
in the volume of faithful history, I ask so much
confidence only as may give firmness and effect to the
legal administration of your affairs. I shall often go
wrong through defect of judgment. When right, I shall
often be thought wrong by those whose positions will
not command a view of the whole ground. I ask your
indulgence for my own errors, which will never be
intentional, and your support against the errors of
others, who may condemn what they would not if seen in
all its parts. The approbation implied by your
suffrage is a great consolation to me for the past, and
my future solicitude will be to retain the good opinion
of those who have bestowed it in advance, to conciliate
that of others by doing them all the good in my power,
and to be instrumental to the happiness and freedom of
all.
Relying, then, on the patronage of your good will,
I advance with obedience to the work, ready to retire
from it whenever you become sensible how much better
choice it is in your power to make. And may that
Infinite Power which rules the destinies of the
universe lead our councils to what is best, and give
them a favorable issue for your peace and prosperity.
-
The Japanse Surrender Document - WWII
TRANSLATION of Foreign Minister Shiegemitsu's credentials
TRANSLATION
H I R O H I T O ,
By the Grace of Heaven, Emperor of Japan, seated on the
Throne occupied by the same Dynasty changeless through ages
eternal,
To all who these Presents shall come, Greeting!
We do hereby authorise Mamoru Shigemitsu, Zyosanmi, First
Class of the Imperial Order of the Rising Sun to attach his
signature by command and in behalf of Ourselves and Our
Government unto the Instrument of Surrender which is required
by the Supreme Commander for the Allied Powers to be signed.
In witness whereof, We have hereunto set Our signature and
caused the Great Seal of the Empire to be affixed.
Given at Our Palace in Tokyo, this first day of the ninth
month of the twentieth year of Syowa, being the two thousand
six hundred and fifth year from the Accession of the Emperor
Zinmu.
..
Seal of
the Signed: H I R O H I T O
Empire
!!
Countersigned: Naruhiko-o
Prime Minister
---------------------------------------
TRANSLATION of General Umezu's credentials
TRANSLATION
H I R O H I T O ,
By the Grace of Heaven, Emperor of Japan, seated on the
Throne occupied by the same Dynasty changeless through ages
eternal,
To all who these Presents shall come, Greeting!
We do hereby authorise Yoshijiro Umezu, Zyosanmi, First
Class of the Imperial Order of the Rising Sun to attach his
signature by command and in behalf of Ourselves and Our
Government unto the Instrument of Surrender which is required
by the Supreme Commander for the Allied Powers to be signed.
In witness whereof, We have hereunto set Our signature and
caused the Great Seal of the Empire to be affixed.
Given at Our Palace in Tokyo, this first day of the ninth
month of the twentieth year of Syowa, being the two thousand
six hundred and fifth year from the Accession of the Emperor
Zinmu.
..
Seal of
the Signed: H I R O H I T O
Empire
!!
Countersigned: Yoshijiro Umezu
Chief of the General
Staff of the Imperial
Japanese Army
Soemu Toyoda
Chief of the General
Staff of the Imperial
Japanese Army
---------------------------------------
I N S T R U M E N T O F S U R R E N D E R
We, acting by command of and in behalf of the Emperor of
Japan, the Japanese Government and the Japanese Imperial General
Headquarters, hereby accept the provisions set forth in the
declaration issued by the heads of the Governments of the United
States, China, and Great Britain on 26 July 1945 at Potsdam, and
subsequently adhered to by the Union of Soviet Socialist Repub-
lics, which four powers are hereafter referred to as the Allied
Powers.
We hereby proclaim the unconditional surrender to the Allied
Powers of the Japanese Imperial General Headquarters and of all
Japanese armed forces and all armed forces under the Japanese
control wherever situated.
We hereby command all Japanese forces wherever situated and
the Japanese people to cease hostilites forthwith, to preserve
and save from damage all ships, aircraft, and military and civil
property and to comply with all requirements which my be imposed
by the Supreme Commander for the Allied Powers or by agencies of
the Japanese Government at his direction.
We hereby command the Japanese Imperial Headquarters to issue
at once orders to the Commanders of all Japanese forces and all
forces under Japanese control wherever situated to surrender un-
conditionally themselves and all forces under their control.
We hereby command all civil, military and naval officials to
obey and enforce all proclamations, and orders and directives deemed
by the Supreme Commander for the Allied Powers to be proper to ef-
fectuate this surrender and issued by him or under his authority
and we direct all such officials to remain at their posts and to
continue to perform their non-combatant duties unless specifically
relieved by him or under his authority.
We hereby undertake for the Emperor, the Japanese Government
and their successors to carry out the provisions of the Potsdam
Declaration in good faith, and to issue whatever orders and take
whatever actions may be required by the Supreme Commander for the
Allied Poers or by any other designated representative of the
Allied Powers for the purpose of giving effect to that Declaration.
We hereby command the Japanese Imperial Government and the
Japanese Imperial General Headquarters at once to liberate all
allied prisoners of war and civilian internees now under Japanese
control and to provide for their protection, care, maintenance and
immediate transportation to places as directed.
The authority of the Emperor and the Japanese Government to
rule the state shall be subject to the Supreme Commander for the
Allied Powers who will take such steps as he deems proper to ef-
fectuate these terms of surrender.
Signed at TOKYO BAY, JAPAN at 0904 I
on the SECOND day of SEPTEMBER, 1945
MAMORU SHIGMITSU
By Command and in behalf of the Emperor
of Japan and the Japanese Government
YOSHIJIRO UMEZU
By Command and in behalf of the Japanese
Imperial General Headquarters
Accepted at TOKYO BAY, JAPAN at 0903 I
on the SECOND day of SEPTEMBER, 1945,
for the United States, Republic of China, United Kingdom and the
Union of Soviet Socialist Republics, and in the interests of the
other United Nations at war with Japan.
DOUGLAS MAC ARTHUR
Supreme Commander for the Allied Powers
C.W. NIMITZ
United States Representative
HSU YUNG-CH'ANG
Republic of China Representative
BRUCE FRASER
United Kingdom Representative
KUZMA DEREVYANKO
Union of Soviet Socialist
Republics Representative
THOMAS BLAMEY
Commonwealth of Australia
Representative
L. MOORE COSGRAVE
Dominion of Canada Representative
JACQUES LE CLERC
Provisional Government of the French
Republic Representative
C.E.L. HELFRICH
Kingdom of the Netherlands
Representative
LEONARD M. ISITT
Dominion of New Zealand Representative
---------------------------------------
Translation of Emperor Hirohito's Receipt of the Surrender
documents
P R O C L A M A T I O N
Accepting the terms set forth in the Declaration issued
by the heads of the Governments of the United States, Great
Britain, and China on July 26th, 1945 at Potsdam and subse-
quently adhered to by the Union of Soviet Socialist Republics,
We have commanded the Japanese Imperial Government and the
Japanese Imperial General Headquarters to sign on Our behalf
the Instrument of Surrender presented by the Supreme Commander
for the Allied Powers and to issue General Orders to the Military
and Naval Forces in accordance with the direction of the
Supreme Commander for the Allied Powers. We command all Our
people forthwith to cease hostilities, to lay down their arms
and faithfully to carry out all the provisions of Instrument
of Surrender and the General Orders issued by the Japanese
Imperial General Headquarters hereunder.
This second day of the ninth month of the twentieth
year of Syowa
..
Seal of
the Signed: H I R O H I T O
Emperor
!!
Countersigned: Naruhiko-o
Prime Minister
Mamoru Shigemitsu
Minister of Foreign Affairs
Iwao Yamazaki
Minister of Home Affairs
Juichi Tsushima
Minister of Finance
Sadamu Shimomura
Minister of War
Mitsumasa Yonai
Minister of Navy
Chuzo Iwata
Minister of Justice
Tamon Maeda
Minister of Education
Kenzo Matsumura
Minister of Welfare
Kotaro Sengoku
Minister of Agriculture
and Forestry
Chikuhei Nakajima
Minister of Commerce
and Industry
Naoto Kobiyama
Minister of Transportation
Fumimaro Konoe
Minister without Portfolio
Taketora Ogata
Minister without Portfolio
Binshiro Obata
Minister without Portfolio
---------------------------------------
INSTRUMENT OF SURRENDER
of the
Japanese and Japanese-Controlled Armed Forces
in the Philippine Islands
to the
Commanding General
United States Army Forces, Western Pacific
Camp John Hay
Baguio, Mountain Province,
Luzon, Philippine, Islands
3 September, 1945
Pursuant to and in accordance with the proclamation of the
Emperor of Japan accepting the terms set forth in the declaration
issued by the heads of the Governments of the United States,
Great Britain, and China on 26 July 1945; at Potsdam and sub-
sequently adhered to by the Union of Soviet Socialist Republics;
and to the formal instrument of surrender of the Japanese Imperial
Government and the Japanese Imperial General Headquarters signed
at Toyko Bay at 0908 on 2 September 1945:
1. Acting by command of and in behalf of the Emperor of
Japan, the Japanese Imperial Government and the Japanese Imperial
General Headquarters, We hereby surrender unconditionally to the
Commanding General, United States Army Forces, Western Pacific,
all Japanese and Japanese-controlled armed forces, air, sea, ground
and auxiliary, in the Philippine Islands.
2. We hereby command all Japanese forces wherever situated in
the Philippine Islands to cease hostilities forthwith, to preserve
and save from damage all ships, aircraft, and military and civil
property, and to comply with all requirements which may be imposed
by the Commanding General, United States Army Forces, Western
Pacific, or his authorized representatives.
3. We hereby direct the commanders of all Japanese forces
in the Philippine Islands to issue at once to all forces under their
command to surrender unconditionally themselves and all forces under
their control, as prisoners of war, to the nearest United States
Force Commander.
4. We hereby direct the commanders of all Japanese forces
in the Philippine Islands to surrender intact and in good order
to the nearest United States Army Force Commander, at times and
at places directed by him, all equipment and supplies of whatever
nature under their control.
5. We hereby direct the commanders of all Japanese forces in
the Philippine Islands at once to liberate all Allied prisoners of
war and civilian internees under their control, and to provide for
their protection, care, maintenance and immediate transportation to
places as directed by the nearest United States Army Force Commander.
6. We hereby undertake to transmit the directives given in
Paragraphs 1 through 5, above, to all Japanese forces in the Philip-
pine Islands immediatlely by all means within our power, and further
to furnish to the Commanding General, United States Army Forces,
Western Pacific, all necessary Japanese emissaries fully empowered
to bring about the surrender of Japanese forces in the Philippine
Islands with whom we are not in contact.
7. We hereby undertake to furnish immediatly to the Commanding
General, United States Army Forces, Western Pacific, a statement of
the designation, numbers, loacations, and commanders of all Japanese
armed forces, ground, sea, or air, in the Philippine Islands.
8. We hereby undertake faithfully to obey all further pro-
clamation, orders and directives deemed by the Commanding General,
United States Armed Forces, Western Pacific, to be proper to ef-
fecuate this surrender.
Signed at Camp John Hay, Baguio, Mountain Province, Luzon,
Philippine Islands, at 1210 hours 3 September 1945:
TOMOYUKI YAMASHITA, DENHICI OKOCHI,
General, Imperial Japanese Vice Admiral, Imperial Japanese
Army Highest Commander, Navy, Highest Commander,
Imperial Japanese Army in Imperial Japanese Navy in the
the Philippines. Philippines.
By command and in behalf
of the Japanese Imperial
General Headquarters
Accepted at Camp John Hay, Baguio, Mountain Province Luzon
Philippine Islands, at 1210 hours 3 September 1945:
For the Commander-in-Chief, United States Army Forces, Pacific:
EDMOND H. LEAVY,
Major General, USA
Deputy Commander, United States Army Forces,
Western Pacific.
---------------------------------------
UNITED STATES ARMY FORCES IN KOREA
HEADQUARTERS XXIV CORPS
OFFICE OF THE COMMANDING GENERAL
APO 235 c/o POSTMASTER
SAN FRANSICO, CALIFORNIA
FORMAL SURRENDER BY THE SENIOR JAPANESE GROUND,
SEA, AIR AND AUXILIARY FORCES COMMANDS WITHIN
KOREA SOUTH OF 38 NORTH LATITUDE TO THE COM-
MANDING GENERAL, UNITED STATES ARMY FORCES IN
KOREA, FOR AND IN BEHALF OF THE COMMANDER-IN-
CHIEF UNITED STATES ARMY FORCES, PAFIFIC
WHEREAS an Instrument of Surrender was on the 2d day of
September 1945 by command of and behalf of the Emperor of
Japan, the Japanese Government and the Japanese Imperial Head-
quarters signed by Foreign Minister Mamouru Shigemitsu by com-
mand and in behalf of the Emperor of Japan, the Japanese
Government and by Yoshijiro Umezu by command of and in behalf
of the Japanese Imperial Headquaters and
WHEREAS the terms of the Instrument of Surrender were
subsequently as follows:
"1. We, acting by command of an in behalf of the Emperor of
Japan, the Japanese Government and the Japanese Imperial General
Headquarters, hereby accept the provisions set forth in the
declaration issued by the heads of the Governments of the United
States, China, and Great Britian on 26 July 1945 at Potsdam, and
subsequently adhered to by the Union of Soviet Socialist Repub-
lics, which four powers are hereafter referred to as the Allied
Powers.
"2. We hereby proclaim the unconditional surrender to the
Allied Powers of the Japanese Imperial General Headquarters and
of all Japanese armed forces and all armed forces under the
Japanese control wherever situated.
"3. We hereby command all Japanese forces wherever situated
and the Japanese people to cease hostilites forthwith, to preserve
and save from damage all ships, aircraft, and military and civil
property and to comply with all requirements which my be imposed
by the Supreme Commander for the Allied Powers or by agencies of
the Japanese Government at his direction.
"4. We hereby command the Japanese Imperial Headquarters to
issue at once orders to the Commanders of all Japanese forces and
all forces under Japanese control wherever situated to surrender
unconditionally themselves and all forces under their control.
"5. We hereby command all civil, military and naval officials to
obey and enforce all proclamations, and orders and directives deemed
by the Supreme Commander for the Allied Powers to be proper to ef-
fectuate this surrender and issued by him or under his authority
and we direct all such officials to remain at their posts and to
continue to perform their non-combatant duties unless specifically
relieved by him or under his authority.
"6. We hereby undertake for the Emperor, the Japanese Government
and their successors to carry out the provisions of the Potsdam
Declaration in good faith, and to issue whatever orders and take
whatever actions may be required by the Supreme Commander for the
Allied Powers or by any other designated representative of the
Allied Powers for the purpose of giving effect to that Declaration.
"7. We hereby command the Japanese Imperial Government and the
Japanese Imperial General Headquarters at once to liberate all
allied prisoners of war and civilian internees now under Japanese
control and to provide for their protection, care, maintenance and
immediate transportation to places as directed.
"8. The authority of the Emperor and the Japanese Government to
rule the state shall be subject to the Supreme Commander for the
Allied Powers who will take such steps as he deems proper to ef-
fectuate these terms of surrender.
WHEREAS the terms of surrender were, on the 2d day of September
1945 as given by the United States, the Republic of China, the
United Kingdom, the Soviet Union of Socialist Republics and other
allied powers, accepted by the Imperial Japanese Government, and
WHEREAS on the 2d day of September 1945 the Imperial General
Headquarters by direction of the Emperor has ordered all its
commanders in Japan and abroad to cause the Japanese Armed Forces
and Japanese controlled forces under their command to cease
hostilities at once, to lay down their arms and remain in their
present locations and to surrender unconditionally to commanders
acting in behalf of the United States, the Republic of China, the
United Kingdom, the British Empire and the Union of Socialist Rep-
ublics, and
WHEREAS the Imperial General Headquarters, its senior commanders
and all ground, sea, air and auxiliary forces in the main islands
of Japan, minor islands adjacent thereto, Korea south of 38 north
latitude and the Philippines were directed to surrender to the
Commmander-in-Chief of the United States Army Forces, Pacific and
WHEREAS the Commander-in-Chief of the United States Army
Forces, Pacific has appointed the Commanding General, XXIV
Corps as the Command General, United States Army Forces in
Korea, and has directed him as such to act for the Commander-
in-Chief United States Army Forces, Pacific in the reception of
the surrender of the senior Japanese commanders of all Japanese
ground, sea, air and auxiliary forces in Korea south of 38
north latitude and all islands adjacent thereto. Now therefor
We, the undersigned, senior Japanese commanders of all
Japanese ground, sea, air and auxiliary forces in Korea south
of 38 north latitude, do hereby acknowledge:
a. That we have been duly advised and fully informed of
the contents of the Proclamation by the Emperor of Japan, the
Instrument of Surrender and the orders herein above referred to.
b. That we accept our duties and obligations under said
instruments and orders and recognize the necessity for our strict
compliance therewith and adherence thereto.
c. The the Commanding General, United States Army Forces
in Korea, is the duly authorized representative of the Com-
mander-in-Chief United States Army Forces, Pacific and that
we will completely and immediately carry out and put into ef-
fect his instructions.
Finally, we do hereby formally and unconditionally sur-
render to the Commanding General, United States Army Forces
in Korea, all persons in Korea south of 38 degrees North
Latitude who are in the Armed Forces of Japan, and all military
installations, ordnance, ships, aircraft, and other military
equipment or property of every kind or description in Korea,
including all islands adjacent thereto, south of 38 degrees
North Latitude over which we exercise jurisdiction or control.
In case of conflict or ambiguity between the English text
of this document and any translation thereof, the English shall
prevail.
Signed at SEOUL, KOREA at 1630 hours on the 9th day of
September 1945.
YOSHIO SOZUKI
Senior Japanese commander of all
Japanese ground and air forces
in Korea south of 38 north
latitude.
GISABURO YAMAGUCHI
Senior Japanese commander of all
Japanese naval forces in Korea
south of 38 north latitude.
I, Nobuyuki Abe, the duly appointed, qualified and acting
Governor General of KOREA do hereby certify that I have read
and fully understand the contents of the foregoing Instrument
of Surrender, and of all documents referred to therein.
I hereby acknowledge the duties and obligations imposed
upon me by said documents, insofar as they apply to all matters
within my jurisdiction or control as Governor General of Korea,
and recognize the necessity of my strict compliance therewith
and adherence thereto.
In particular do I reconize that the Commanding General,
UNITED STATES ARMY FORCES IN KOREA, is the duly authorized
representative of the Commander-in-Chief, UNITED STATES ARMY
FORCES, PACIFIC, and that I am completely and immediately to
carry out and put into effect his instructions.
Signed at SEOUL, KOREA, at 1630 hours on the 9th day of
September 1945.
NOBUYUKI ABE
(Governor General of KOREA)
Accepted at SEOUL, KOREA, at 1630 hours on the 9th day of
September 1945 for and in behalf of the Commander-in-Chief
of the United States Army Forces, Pacific.
JOHN R. HODGE
JOHN R. HODGE
Lieutenant General U.S. Army
Commanding General
United States Army Forces in Korea
THOMAS C. KINCAID
T. C. KINCAID
Admiral, U. S. Navy
Representative of the United States Navy
---------------------------------------
SUPREME ALLIED COMMANDER
SOUTH EAST ASIA
INSTRUMENT OF SURRENDER OF JAPANESE FORCES UNDER
THE COMMAND OR CONTROL OF THE SUPREME COMMANDER,
JAPANESE EXPEDITIONARY FORCES, SOUTHERN REGIONS,
WITHIN THE OPERATIONAL THEATRE OF THE SUPREME
ALLIED COMMANDER, SOUTH EAST ASIA
1. In pursuance of and in compliance with:
(a) the Instrument of Surrender signed by the Japanese
plenipotentiaries by command and on behalf of the
Emperor of Japan, the Japanese Government and the
Japanese Imperial General Headquarters at Toyko on
2 September, 1945;
(b) General Order No. 1, promulgated at the same place
and on the same date;
(c) the Local Agreement made by the Supreme Commander,
Japanese Expeditionary Forces, Southern Regions, with
the Supreme Allied Commander, South East Asia at
Rangoon on 27 August, 1945;
to all of which Instrument of Surrender, General Order and Local
Agreement this present Instrument is complementary and which it in
no way supersedes, the Supreme Commander, Japanese Expeditionary
Forces, Southern Regions (Field Marshall Count Terauchi) does
hereby surrender unconditionally to the Supreme Allied Commander,
South East Asia (Admiral The Lord Louis Mountbatten) himself and
all Japanese sea, ground, air and auxiliary forces under his
command or control and within the operational theatre of the
Supreme Allied Commander, South East Asia.
2. The Supreme Commander, Japanese Expeditionary Forces, Southern
Regions, undertakes to ensure that all orders and instructions that
may be issued from time to time by the Supreme Allied Commander,
South East Asia, or by any of his subordinate Naval, Military, or
Air-Force Commanders of whatever rank acting in his name, are
scrupulously and promptly obeyed by all Japanese sea, ground, air
and auxiliary forces under the command or control of the Supreme
Commander, Japanese Expeditionary Forces, Southern Regions, and
within the operational theatre of the Supreme Allied Commander,
South East Asia.
3. Any disobediance of, or delay or failure to comply with, orders
or instructions issued by the Supreme Allied Commander, South East
Asia, or issued on his behalf by any of his subordinate Naval,
Military, or Air Force Commanders of whatever rank, and any
action which the Supreme Allied Commander, South East Asia, or
his subordinate Commanders action on his behalf, may determine to
be detrimental to the Allied Powers, will be dealt with as the
Supreme Allied Commander, South East Asia may decide.
4. This Instrument takes effect from the time and date of signing.
5. This Instrument is drawn up in the English Language, which is
the only authentic version. In any case of doubt to intention or
meaning, the decision of the Supreme Allied Commander, South East
Asia is final. It is the responsibility of the Supreme Commander,
Japanese Expeditionary Forces, Southern Regions, to make such
translations into Japanese as he may require.
Signed at Singapore at 0341 hours (G.M.T.) on 12 September, 1945.
SEISHIRO ITAGAKI LOUIS MOUNTBATTAN
(for) SUPREME COMMANDER SUPREME ALLIED COMMANDER
JAPANESE EXPEDITIONARY FORCES, SOUTH EAST ASIA
SOUTHERN REGIONS
TRANSLATION
H I R O H I T O ,
By the Grace of Heaven, Emperor of Japan, seated on the
Throne occupied by the same Dynasty changeless through ages
eternal,
To all who these Presents shall come, Greeting!
We do hereby authorise Mamoru Shigemitsu, Zyosanmi, First
Class of the Imperial Order of the Rising Sun to attach his
signature by command and in behalf of Ourselves and Our
Government unto the Instrument of Surrender which is required
by the Supreme Commander for the Allied Powers to be signed.
In witness whereof, We have hereunto set Our signature and
caused the Great Seal of the Empire to be affixed.
Given at Our Palace in Tokyo, this first day of the ninth
month of the twentieth year of Syowa, being the two thousand
six hundred and fifth year from the Accession of the Emperor
Zinmu.
..
Seal of
the Signed: H I R O H I T O
Empire
!!
Countersigned: Naruhiko-o
Prime Minister
---------------------------------------
TRANSLATION of General Umezu's credentials
TRANSLATION
H I R O H I T O ,
By the Grace of Heaven, Emperor of Japan, seated on the
Throne occupied by the same Dynasty changeless through ages
eternal,
To all who these Presents shall come, Greeting!
We do hereby authorise Yoshijiro Umezu, Zyosanmi, First
Class of the Imperial Order of the Rising Sun to attach his
signature by command and in behalf of Ourselves and Our
Government unto the Instrument of Surrender which is required
by the Supreme Commander for the Allied Powers to be signed.
In witness whereof, We have hereunto set Our signature and
caused the Great Seal of the Empire to be affixed.
Given at Our Palace in Tokyo, this first day of the ninth
month of the twentieth year of Syowa, being the two thousand
six hundred and fifth year from the Accession of the Emperor
Zinmu.
..
Seal of
the Signed: H I R O H I T O
Empire
!!
Countersigned: Yoshijiro Umezu
Chief of the General
Staff of the Imperial
Japanese Army
Soemu Toyoda
Chief of the General
Staff of the Imperial
Japanese Army
---------------------------------------
I N S T R U M E N T O F S U R R E N D E R
We, acting by command of and in behalf of the Emperor of
Japan, the Japanese Government and the Japanese Imperial General
Headquarters, hereby accept the provisions set forth in the
declaration issued by the heads of the Governments of the United
States, China, and Great Britain on 26 July 1945 at Potsdam, and
subsequently adhered to by the Union of Soviet Socialist Repub-
lics, which four powers are hereafter referred to as the Allied
Powers.
We hereby proclaim the unconditional surrender to the Allied
Powers of the Japanese Imperial General Headquarters and of all
Japanese armed forces and all armed forces under the Japanese
control wherever situated.
We hereby command all Japanese forces wherever situated and
the Japanese people to cease hostilites forthwith, to preserve
and save from damage all ships, aircraft, and military and civil
property and to comply with all requirements which my be imposed
by the Supreme Commander for the Allied Powers or by agencies of
the Japanese Government at his direction.
We hereby command the Japanese Imperial Headquarters to issue
at once orders to the Commanders of all Japanese forces and all
forces under Japanese control wherever situated to surrender un-
conditionally themselves and all forces under their control.
We hereby command all civil, military and naval officials to
obey and enforce all proclamations, and orders and directives deemed
by the Supreme Commander for the Allied Powers to be proper to ef-
fectuate this surrender and issued by him or under his authority
and we direct all such officials to remain at their posts and to
continue to perform their non-combatant duties unless specifically
relieved by him or under his authority.
We hereby undertake for the Emperor, the Japanese Government
and their successors to carry out the provisions of the Potsdam
Declaration in good faith, and to issue whatever orders and take
whatever actions may be required by the Supreme Commander for the
Allied Poers or by any other designated representative of the
Allied Powers for the purpose of giving effect to that Declaration.
We hereby command the Japanese Imperial Government and the
Japanese Imperial General Headquarters at once to liberate all
allied prisoners of war and civilian internees now under Japanese
control and to provide for their protection, care, maintenance and
immediate transportation to places as directed.
The authority of the Emperor and the Japanese Government to
rule the state shall be subject to the Supreme Commander for the
Allied Powers who will take such steps as he deems proper to ef-
fectuate these terms of surrender.
Signed at TOKYO BAY, JAPAN at 0904 I
on the SECOND day of SEPTEMBER, 1945
MAMORU SHIGMITSU
By Command and in behalf of the Emperor
of Japan and the Japanese Government
YOSHIJIRO UMEZU
By Command and in behalf of the Japanese
Imperial General Headquarters
Accepted at TOKYO BAY, JAPAN at 0903 I
on the SECOND day of SEPTEMBER, 1945,
for the United States, Republic of China, United Kingdom and the
Union of Soviet Socialist Republics, and in the interests of the
other United Nations at war with Japan.
DOUGLAS MAC ARTHUR
Supreme Commander for the Allied Powers
C.W. NIMITZ
United States Representative
HSU YUNG-CH'ANG
Republic of China Representative
BRUCE FRASER
United Kingdom Representative
KUZMA DEREVYANKO
Union of Soviet Socialist
Republics Representative
THOMAS BLAMEY
Commonwealth of Australia
Representative
L. MOORE COSGRAVE
Dominion of Canada Representative
JACQUES LE CLERC
Provisional Government of the French
Republic Representative
C.E.L. HELFRICH
Kingdom of the Netherlands
Representative
LEONARD M. ISITT
Dominion of New Zealand Representative
---------------------------------------
Translation of Emperor Hirohito's Receipt of the Surrender
documents
P R O C L A M A T I O N
Accepting the terms set forth in the Declaration issued
by the heads of the Governments of the United States, Great
Britain, and China on July 26th, 1945 at Potsdam and subse-
quently adhered to by the Union of Soviet Socialist Republics,
We have commanded the Japanese Imperial Government and the
Japanese Imperial General Headquarters to sign on Our behalf
the Instrument of Surrender presented by the Supreme Commander
for the Allied Powers and to issue General Orders to the Military
and Naval Forces in accordance with the direction of the
Supreme Commander for the Allied Powers. We command all Our
people forthwith to cease hostilities, to lay down their arms
and faithfully to carry out all the provisions of Instrument
of Surrender and the General Orders issued by the Japanese
Imperial General Headquarters hereunder.
This second day of the ninth month of the twentieth
year of Syowa
..
Seal of
the Signed: H I R O H I T O
Emperor
!!
Countersigned: Naruhiko-o
Prime Minister
Mamoru Shigemitsu
Minister of Foreign Affairs
Iwao Yamazaki
Minister of Home Affairs
Juichi Tsushima
Minister of Finance
Sadamu Shimomura
Minister of War
Mitsumasa Yonai
Minister of Navy
Chuzo Iwata
Minister of Justice
Tamon Maeda
Minister of Education
Kenzo Matsumura
Minister of Welfare
Kotaro Sengoku
Minister of Agriculture
and Forestry
Chikuhei Nakajima
Minister of Commerce
and Industry
Naoto Kobiyama
Minister of Transportation
Fumimaro Konoe
Minister without Portfolio
Taketora Ogata
Minister without Portfolio
Binshiro Obata
Minister without Portfolio
---------------------------------------
INSTRUMENT OF SURRENDER
of the
Japanese and Japanese-Controlled Armed Forces
in the Philippine Islands
to the
Commanding General
United States Army Forces, Western Pacific
Camp John Hay
Baguio, Mountain Province,
Luzon, Philippine, Islands
3 September, 1945
Pursuant to and in accordance with the proclamation of the
Emperor of Japan accepting the terms set forth in the declaration
issued by the heads of the Governments of the United States,
Great Britain, and China on 26 July 1945; at Potsdam and sub-
sequently adhered to by the Union of Soviet Socialist Republics;
and to the formal instrument of surrender of the Japanese Imperial
Government and the Japanese Imperial General Headquarters signed
at Toyko Bay at 0908 on 2 September 1945:
1. Acting by command of and in behalf of the Emperor of
Japan, the Japanese Imperial Government and the Japanese Imperial
General Headquarters, We hereby surrender unconditionally to the
Commanding General, United States Army Forces, Western Pacific,
all Japanese and Japanese-controlled armed forces, air, sea, ground
and auxiliary, in the Philippine Islands.
2. We hereby command all Japanese forces wherever situated in
the Philippine Islands to cease hostilities forthwith, to preserve
and save from damage all ships, aircraft, and military and civil
property, and to comply with all requirements which may be imposed
by the Commanding General, United States Army Forces, Western
Pacific, or his authorized representatives.
3. We hereby direct the commanders of all Japanese forces
in the Philippine Islands to issue at once to all forces under their
command to surrender unconditionally themselves and all forces under
their control, as prisoners of war, to the nearest United States
Force Commander.
4. We hereby direct the commanders of all Japanese forces
in the Philippine Islands to surrender intact and in good order
to the nearest United States Army Force Commander, at times and
at places directed by him, all equipment and supplies of whatever
nature under their control.
5. We hereby direct the commanders of all Japanese forces in
the Philippine Islands at once to liberate all Allied prisoners of
war and civilian internees under their control, and to provide for
their protection, care, maintenance and immediate transportation to
places as directed by the nearest United States Army Force Commander.
6. We hereby undertake to transmit the directives given in
Paragraphs 1 through 5, above, to all Japanese forces in the Philip-
pine Islands immediatlely by all means within our power, and further
to furnish to the Commanding General, United States Army Forces,
Western Pacific, all necessary Japanese emissaries fully empowered
to bring about the surrender of Japanese forces in the Philippine
Islands with whom we are not in contact.
7. We hereby undertake to furnish immediatly to the Commanding
General, United States Army Forces, Western Pacific, a statement of
the designation, numbers, loacations, and commanders of all Japanese
armed forces, ground, sea, or air, in the Philippine Islands.
8. We hereby undertake faithfully to obey all further pro-
clamation, orders and directives deemed by the Commanding General,
United States Armed Forces, Western Pacific, to be proper to ef-
fecuate this surrender.
Signed at Camp John Hay, Baguio, Mountain Province, Luzon,
Philippine Islands, at 1210 hours 3 September 1945:
TOMOYUKI YAMASHITA, DENHICI OKOCHI,
General, Imperial Japanese Vice Admiral, Imperial Japanese
Army Highest Commander, Navy, Highest Commander,
Imperial Japanese Army in Imperial Japanese Navy in the
the Philippines. Philippines.
By command and in behalf
of the Japanese Imperial
General Headquarters
Accepted at Camp John Hay, Baguio, Mountain Province Luzon
Philippine Islands, at 1210 hours 3 September 1945:
For the Commander-in-Chief, United States Army Forces, Pacific:
EDMOND H. LEAVY,
Major General, USA
Deputy Commander, United States Army Forces,
Western Pacific.
---------------------------------------
UNITED STATES ARMY FORCES IN KOREA
HEADQUARTERS XXIV CORPS
OFFICE OF THE COMMANDING GENERAL
APO 235 c/o POSTMASTER
SAN FRANSICO, CALIFORNIA
FORMAL SURRENDER BY THE SENIOR JAPANESE GROUND,
SEA, AIR AND AUXILIARY FORCES COMMANDS WITHIN
KOREA SOUTH OF 38 NORTH LATITUDE TO THE COM-
MANDING GENERAL, UNITED STATES ARMY FORCES IN
KOREA, FOR AND IN BEHALF OF THE COMMANDER-IN-
CHIEF UNITED STATES ARMY FORCES, PAFIFIC
WHEREAS an Instrument of Surrender was on the 2d day of
September 1945 by command of and behalf of the Emperor of
Japan, the Japanese Government and the Japanese Imperial Head-
quarters signed by Foreign Minister Mamouru Shigemitsu by com-
mand and in behalf of the Emperor of Japan, the Japanese
Government and by Yoshijiro Umezu by command of and in behalf
of the Japanese Imperial Headquaters and
WHEREAS the terms of the Instrument of Surrender were
subsequently as follows:
"1. We, acting by command of an in behalf of the Emperor of
Japan, the Japanese Government and the Japanese Imperial General
Headquarters, hereby accept the provisions set forth in the
declaration issued by the heads of the Governments of the United
States, China, and Great Britian on 26 July 1945 at Potsdam, and
subsequently adhered to by the Union of Soviet Socialist Repub-
lics, which four powers are hereafter referred to as the Allied
Powers.
"2. We hereby proclaim the unconditional surrender to the
Allied Powers of the Japanese Imperial General Headquarters and
of all Japanese armed forces and all armed forces under the
Japanese control wherever situated.
"3. We hereby command all Japanese forces wherever situated
and the Japanese people to cease hostilites forthwith, to preserve
and save from damage all ships, aircraft, and military and civil
property and to comply with all requirements which my be imposed
by the Supreme Commander for the Allied Powers or by agencies of
the Japanese Government at his direction.
"4. We hereby command the Japanese Imperial Headquarters to
issue at once orders to the Commanders of all Japanese forces and
all forces under Japanese control wherever situated to surrender
unconditionally themselves and all forces under their control.
"5. We hereby command all civil, military and naval officials to
obey and enforce all proclamations, and orders and directives deemed
by the Supreme Commander for the Allied Powers to be proper to ef-
fectuate this surrender and issued by him or under his authority
and we direct all such officials to remain at their posts and to
continue to perform their non-combatant duties unless specifically
relieved by him or under his authority.
"6. We hereby undertake for the Emperor, the Japanese Government
and their successors to carry out the provisions of the Potsdam
Declaration in good faith, and to issue whatever orders and take
whatever actions may be required by the Supreme Commander for the
Allied Powers or by any other designated representative of the
Allied Powers for the purpose of giving effect to that Declaration.
"7. We hereby command the Japanese Imperial Government and the
Japanese Imperial General Headquarters at once to liberate all
allied prisoners of war and civilian internees now under Japanese
control and to provide for their protection, care, maintenance and
immediate transportation to places as directed.
"8. The authority of the Emperor and the Japanese Government to
rule the state shall be subject to the Supreme Commander for the
Allied Powers who will take such steps as he deems proper to ef-
fectuate these terms of surrender.
WHEREAS the terms of surrender were, on the 2d day of September
1945 as given by the United States, the Republic of China, the
United Kingdom, the Soviet Union of Socialist Republics and other
allied powers, accepted by the Imperial Japanese Government, and
WHEREAS on the 2d day of September 1945 the Imperial General
Headquarters by direction of the Emperor has ordered all its
commanders in Japan and abroad to cause the Japanese Armed Forces
and Japanese controlled forces under their command to cease
hostilities at once, to lay down their arms and remain in their
present locations and to surrender unconditionally to commanders
acting in behalf of the United States, the Republic of China, the
United Kingdom, the British Empire and the Union of Socialist Rep-
ublics, and
WHEREAS the Imperial General Headquarters, its senior commanders
and all ground, sea, air and auxiliary forces in the main islands
of Japan, minor islands adjacent thereto, Korea south of 38 north
latitude and the Philippines were directed to surrender to the
Commmander-in-Chief of the United States Army Forces, Pacific and
WHEREAS the Commander-in-Chief of the United States Army
Forces, Pacific has appointed the Commanding General, XXIV
Corps as the Command General, United States Army Forces in
Korea, and has directed him as such to act for the Commander-
in-Chief United States Army Forces, Pacific in the reception of
the surrender of the senior Japanese commanders of all Japanese
ground, sea, air and auxiliary forces in Korea south of 38
north latitude and all islands adjacent thereto. Now therefor
We, the undersigned, senior Japanese commanders of all
Japanese ground, sea, air and auxiliary forces in Korea south
of 38 north latitude, do hereby acknowledge:
a. That we have been duly advised and fully informed of
the contents of the Proclamation by the Emperor of Japan, the
Instrument of Surrender and the orders herein above referred to.
b. That we accept our duties and obligations under said
instruments and orders and recognize the necessity for our strict
compliance therewith and adherence thereto.
c. The the Commanding General, United States Army Forces
in Korea, is the duly authorized representative of the Com-
mander-in-Chief United States Army Forces, Pacific and that
we will completely and immediately carry out and put into ef-
fect his instructions.
Finally, we do hereby formally and unconditionally sur-
render to the Commanding General, United States Army Forces
in Korea, all persons in Korea south of 38 degrees North
Latitude who are in the Armed Forces of Japan, and all military
installations, ordnance, ships, aircraft, and other military
equipment or property of every kind or description in Korea,
including all islands adjacent thereto, south of 38 degrees
North Latitude over which we exercise jurisdiction or control.
In case of conflict or ambiguity between the English text
of this document and any translation thereof, the English shall
prevail.
Signed at SEOUL, KOREA at 1630 hours on the 9th day of
September 1945.
YOSHIO SOZUKI
Senior Japanese commander of all
Japanese ground and air forces
in Korea south of 38 north
latitude.
GISABURO YAMAGUCHI
Senior Japanese commander of all
Japanese naval forces in Korea
south of 38 north latitude.
I, Nobuyuki Abe, the duly appointed, qualified and acting
Governor General of KOREA do hereby certify that I have read
and fully understand the contents of the foregoing Instrument
of Surrender, and of all documents referred to therein.
I hereby acknowledge the duties and obligations imposed
upon me by said documents, insofar as they apply to all matters
within my jurisdiction or control as Governor General of Korea,
and recognize the necessity of my strict compliance therewith
and adherence thereto.
In particular do I reconize that the Commanding General,
UNITED STATES ARMY FORCES IN KOREA, is the duly authorized
representative of the Commander-in-Chief, UNITED STATES ARMY
FORCES, PACIFIC, and that I am completely and immediately to
carry out and put into effect his instructions.
Signed at SEOUL, KOREA, at 1630 hours on the 9th day of
September 1945.
NOBUYUKI ABE
(Governor General of KOREA)
Accepted at SEOUL, KOREA, at 1630 hours on the 9th day of
September 1945 for and in behalf of the Commander-in-Chief
of the United States Army Forces, Pacific.
JOHN R. HODGE
JOHN R. HODGE
Lieutenant General U.S. Army
Commanding General
United States Army Forces in Korea
THOMAS C. KINCAID
T. C. KINCAID
Admiral, U. S. Navy
Representative of the United States Navy
---------------------------------------
SUPREME ALLIED COMMANDER
SOUTH EAST ASIA
INSTRUMENT OF SURRENDER OF JAPANESE FORCES UNDER
THE COMMAND OR CONTROL OF THE SUPREME COMMANDER,
JAPANESE EXPEDITIONARY FORCES, SOUTHERN REGIONS,
WITHIN THE OPERATIONAL THEATRE OF THE SUPREME
ALLIED COMMANDER, SOUTH EAST ASIA
1. In pursuance of and in compliance with:
(a) the Instrument of Surrender signed by the Japanese
plenipotentiaries by command and on behalf of the
Emperor of Japan, the Japanese Government and the
Japanese Imperial General Headquarters at Toyko on
2 September, 1945;
(b) General Order No. 1, promulgated at the same place
and on the same date;
(c) the Local Agreement made by the Supreme Commander,
Japanese Expeditionary Forces, Southern Regions, with
the Supreme Allied Commander, South East Asia at
Rangoon on 27 August, 1945;
to all of which Instrument of Surrender, General Order and Local
Agreement this present Instrument is complementary and which it in
no way supersedes, the Supreme Commander, Japanese Expeditionary
Forces, Southern Regions (Field Marshall Count Terauchi) does
hereby surrender unconditionally to the Supreme Allied Commander,
South East Asia (Admiral The Lord Louis Mountbatten) himself and
all Japanese sea, ground, air and auxiliary forces under his
command or control and within the operational theatre of the
Supreme Allied Commander, South East Asia.
2. The Supreme Commander, Japanese Expeditionary Forces, Southern
Regions, undertakes to ensure that all orders and instructions that
may be issued from time to time by the Supreme Allied Commander,
South East Asia, or by any of his subordinate Naval, Military, or
Air-Force Commanders of whatever rank acting in his name, are
scrupulously and promptly obeyed by all Japanese sea, ground, air
and auxiliary forces under the command or control of the Supreme
Commander, Japanese Expeditionary Forces, Southern Regions, and
within the operational theatre of the Supreme Allied Commander,
South East Asia.
3. Any disobediance of, or delay or failure to comply with, orders
or instructions issued by the Supreme Allied Commander, South East
Asia, or issued on his behalf by any of his subordinate Naval,
Military, or Air Force Commanders of whatever rank, and any
action which the Supreme Allied Commander, South East Asia, or
his subordinate Commanders action on his behalf, may determine to
be detrimental to the Allied Powers, will be dealt with as the
Supreme Allied Commander, South East Asia may decide.
4. This Instrument takes effect from the time and date of signing.
5. This Instrument is drawn up in the English Language, which is
the only authentic version. In any case of doubt to intention or
meaning, the decision of the Supreme Allied Commander, South East
Asia is final. It is the responsibility of the Supreme Commander,
Japanese Expeditionary Forces, Southern Regions, to make such
translations into Japanese as he may require.
Signed at Singapore at 0341 hours (G.M.T.) on 12 September, 1945.
SEISHIRO ITAGAKI LOUIS MOUNTBATTAN
(for) SUPREME COMMANDER SUPREME ALLIED COMMANDER
JAPANESE EXPEDITIONARY FORCES, SOUTH EAST ASIA
SOUTHERN REGIONS
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