many enemies, or followed perhaps too closely on the deplorable times witnessed under the regency and under Louis XV, to pay any attention to the position which women should occupy in the social order.
The remarkable men who raised the immortal monument which our codes present were almost all old-fashioned students of law deeply imbued with a spirit of Roman jurisprudence; and moreover they were not the founders of any political institutions. Sons of the Revolution, they believed, in accordance with that movement, that the law of divorce wisely restricted and the bond of dutiful submission were sufficient ameliorations of the previous marriage law. When that former order of things was remembered, the change made by the new legislation seemed immense.
At the present day the question as to which of these two principles shall triumph rests entirely in the hands of our wise legislators. The past has teaching which should bear fruit in the future. Have we lost all sense of the eloquence of fact?
The principles of the East resulted in the existence of eunuchs and seraglios; the spurious social standing of France has brought in the plague of courtesans and the more deadly plague of our marriage system; and thus, to use the language of a contemporary, the East sacrifices to paternity men and the principle of justice; France, women and modesty. Neither the East nor France has attained the goal which their institutions point to; for that is happiness. The man is not more loved by the women of a harem than the husband is sure of being in France, as the father of his children; and marrying is not worth what it costs. It is time to offer no more sacrifice to this institution, and to amass a larger sum of happiness in the social state by making our manners and our institution conformable to our climate.
Constitutional government, a happy mixture of two extreme political systems, despotism and democracy, suggests by the necessity of blending also the two principles of marriage, which so far clash together in France. The liberty which we boldly claim for young people is the only remedy for the host of evils whose source we have pointed out, by exposing the inconsistencies resulting from the bondage in which girls are kept. Let us give back to youth the indulgence of those passions, those coquetries, love and its terrors, love and its delights, and that fascinating company which followed the coming of the Franks. At this vernal season of life no fault is irreparable, and Hymen will come forth from the bosom of experiences, armed with confidence, stripped of hatred, and love in marriage will be justified, because it will have had the privilege of comparison.
In this change of manners the disgraceful plague of public prostitution will perish of itself. It is especially at the time when the man possesses the frankness and timidity of adolescence, that in his pursuit of happiness he is competent to meet and struggle with great and genuine passions of the heart. The soul is happy in making great efforts of whatever kind; provided that it can act, that it can stir and move, it makes little difference, even though it exercise its power against itself. In this observation, the truth of which everybody can see, there may be found one secret of successful legislation, of tranquillity and happiness. And then, the pursuit of learning has now become so highly developed that the most tempestuous of our coming Mirabeaus can consume his energy either in the indulgence of a passion or the study of a science. How many young people have been saved from debauchery by self-chosen labors or the persistent obstacles put in the way of a first love, a love that was pure! And what young girl does not desire to prolong the delightful childhood of sentiment, is not proud to have her nature known, and has not felt the secret tremblings of timidity, the modesty of her secret communings with herself, and wished to oppose them to the young desires of a lover inexperienced as herself! The gallantry of the Franks and the pleasures which attend it should then be the portion of youth, and then would naturally result a union of soul, of mind, of character, of habits, of temperament and of fortune, such as would produce the happy equilibrium necessary for the felicity of the married couple. This system would rest upon foundations wider and freer, if girls were subjected to a carefully calculated system of disinheritance; or if, in order to force men to choose only those who promised happiness by their virtues, their character or their talents, they married as in the United States without dowry.
In that case, the system adopted by the Romans could advantageously be applied to the married women who when they were girls used their liberty. Being exclusively engaged in the early education of their children, which is the most important of all maternal obligations, occupied in creating and maintaining the happiness of the household, so admirably described in the fourth book of Julie, they would be in their houses like the women of ancient Rome, living images of Providence, which reigns over all, and yet is nowhere visible. In this case, the laws covering the infidelity of the wife should be extremely severe. They should make the penalty disgrace, rather than inflict painful or coercive sentences. France has witnessed the spectacle of women riding asses for the pretended crime of magic, and many an innocent woman has died of shame. In this may be found the secret of future marriage legislation. The young girls of Miletus delivered themselves from marriage by voluntary death; the senate condemned the suicides to be dragged naked on a hurdle, and the other virgins condemned themselves for life.
Women and marriage will never be respected until we have that radical change in manners which we are now begging for. This profound thought is the ruling principle in the two finest productions of an immortal genius. Emile and La Nouvelle Heloise are nothing more than two eloquent pleas for the system. The voice there raised will resound through the ages, because it points to the real motives of true legislation, and the manners which will prevail in the future. By placing children at the breast of their mothers, Jean-Jacques rendered an immense service to the cause of virtue; but his age was too deeply gangrened with abuses to understand the lofty lessons unfolded in those two poems; it is right to add also that the philosopher was in these works overmastered by the poet, and in leaving in the heart of Julie after her marriage some vestiges of her first love, he was led astray by the attractiveness of a poetic situation, more touching indeed, but less useful than the truth which he wished to display.
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