III.—LAWS FOR REPRESSION.

“He was convinced that good could only flow, in a State, through the

channel of the laws; that the way to make a benefit lasting was by

practising the virtue of following them; that the way to make an

evil lasting was by practising the vice of hindering their effect;

that the duties of princes did not less consist in defending the

laws against the passions of others than against their own personal

ones.”—_Montesquieu, Arsace et Isménie._

“The liberty which shows favour to the passions and licentiousness is

a fatal license, a fresh yoke, a shameful slavery; and the rule of

good morals is the leading principle of the happiness of

empires.”—_Massillon._

If woman too frequently acquiesces in depravity, man makes choice of it;

it is against this active agent of corruption, therefore, that societies

for the maintenance of the integrity of their original laws should

fortify themselves beforehand; we moreover see ancient and purer

civilisations ward off decay by prosecuting those who pay for

prostitution, and by involving the accomplices of a common sin in a

common punishment.

The best ages of Greece and Rome exhibit to us an extreme severity

against breaches of good morals. So long as the body of laws framed by

Lycurgus remained in force at Sparta, prostitution was unknown there.

The laws of Solon followed up immoral men with an inexorable rigour, by

requiring a public examination into the morals of those who were looking

forward to public appointments; they degraded public officials of every

rank discovered in a brothel, and declared the citizen who had been seen

there a single time unworthy to serve his country. Independently of the

archon commissioned to try these matters, every Athenian had the right

and the obligation of prosecuting for the prostitution of a woman or of

a child; in certain cases the criminals were put to death. Prostitutes,

banished from society, wore a peculiar uniform. We observe similar

regulations existing in the Roman republic, where the censor of morals

degraded dissolute functionaries, and branded the citizen with disgrace

who made prostitutes of his slaves or freed women-servants. Panders

could not make over their property, nor sue in law, nor be sworn, nor

retain legal authority over their children. Every harbourer and

accomplice of a prostitute was condemned to the same punishment as

herself. This wise legislation did not survive the ruin of liberty, and

profligacy was the fruit of the system of governing which substituted

the informer for the censor.

When the world-wide Roman empire had perished through excess of sensual

gratification, Christianity caused the old laws to be resuscitated; and

Constantine, Theodosius, and Justinian put them in practice in Gaul; the

last-mentioned ruler put panders to death. These measures corresponded

in other things, for Gaul, to the mind of the Germans who, after

dragging through a horse-pond _men_ convicted of prostitution, threw a

hurdle on their bodies and sunk them to the bottom of the slough.[18]

With the same penalties, Charlemagne subsequently punished prostitutes,

their accomplices and harbourers, who were all whipped together. Our

parliaments condemned those who paid for prostitution to a whipping, to

temporary transportation, to the galleys, to fine, to confiscation of

their property, and to the iron collar. St. Louis, who had shielded the

_destitution_ of women against profligacy, had incorrigible girls and

_the gentlemen, their accomplices_, publicly flogged _with the same

whip_. Philip the Bold, following up his father’s work, assigned to

prostitution specific districts within which it was to be strictly

confined. Charles V. likewise contributed to the moral amelioration of

the nation; but, in the following reign, the precarious position of

women, the effect of the war, and the excesses of the troops, again

plunged France into serious profligacy.

The totality of our old legislation exhibits everywhere a considerable

degree of severity against procurers and libertines; the decrees of our

parliaments, and the proclamations of the provosts of Paris, often

branded the former with disgrace, and condemned them to death; they had

them even buried alive when they had cajoled women by flatteries or

presents. A bill of the 15th century gives the cost of a dozen _new

brooms_ used at the execution of some procuresses, who had their ears

cropt, were put in the pillory, whipped, and afterwards burnt.

At other times the brothel-keeper was led through the town, mounted on

an ass, with her face to the animal’s tail; afterwards the executioner

branded her with a hot-iron and expelled her from the locality. In the

18th century several examples of this kind of punishment occur, and it

was inflicted in Paris as recently as A.D. 1756.

Every one conspired to punish the mother infamous enough to procure her

daughter’s prostitution; the spectators beat her with rods, and the

executioner cut off her nose.

The agents of profligacy were, in like manner, punished if they lent

clothes or money to a woman of ill fame, with the design of encouraging

her profligacy; the things supplied could not be legally re-demanded,

and if an attempt were made to regain them by force from the woman to

whom they had been lent, or to take others in way of compensation, they

were prosecuted as thieves.

How far were our ancestors from this modern progress, which gives us, in

the case of procuresses of infamy, _ladies of the house_ sufficiently

respected and sufficiently respectable to find husbands, and legionaries

for sons-in-law! Oh, honour! Oh, my country!

These vile creatures, the objects of the just severity of laws, were

marked out for public contempt by infamous designations; we may judge of

that by the vehement indignation of old authors against this disgusting

traffic, which was formerly looked upon, in France, and with so much

reason, as the most horrible of crimes.

“What else do the procurers, if not restore, in their entirety, all the

detestable slaveries abolished by law—to effect better than before the

sale of men?”

“As for panders and procuresses,” exclaims another writer, “they are

quite insufferable as enemies to respectability, betrayers of matronly

and maidenly modesty, assassins of holy human society, traitors to the

lawful succession of true heirs, firebrands of hell, and faithful

interpreters of the filthy mind.”

This severity did not extend to the _victim_ of loose morals, to whom

the path of re-instatement was ever open.[19] If we did not know how

much unreasonableness and cruelty there are in a corrupt nation, we

might learn it in the fact that France began to treat the common

prostitute with severity at the close of the 15th century, when the

Hundred Years’ War had ruined the country, and when the excesses of the

troops and the profligacy of the Court were beginning to extinguish the

national morality; then, the birth of a free class developing personal

responsibility, called for the means of livelihood for the friendless

woman, who was getting them by the sale of her person; for the writers

of that age attribute the progress of public corruption to the

difficulty which women found in living by respectable means.

The _Journal du Bourgeois de Paris_, 1445, thus expresses itself:—“At

that time, when everyone learned how to earn, wages were so bad that

respectable women, who had learned how to earn five or six _blancs_ a

day, were willingly letting themselves out for two, and living on them.”

This sad picture sufficiently resembles that of the _fifth quarter of

the working day_, which disgraces our time. Let it be observed, however,

that instead of trying to ameliorate woman’s position by work, she was

punished for not finding any at all. The edicts of the time overwhelm

her by extending indulgence to her purchasers, who, beginning from that

period, acquired new prerogatives daily. A writer on morals is, with

reason, astonished at the cruelty of the 16th century in this respect.

“It is,” he says, “truly remarkable, that never were royal and municipal

enactments against public women more frequent or severe than during this

period of disorder. No pity was shown to public prostitutes at a period

when decency and shame seemed banished from morals.”[20]

This brutality is ever in the direct ratio to social profligacy. When

the French people, wallowing at a later period in the unchastity of

royalty and nobility, had caused the goddess of love to be enthroned on

its altars, it offered, on the revolutionary scaffold, the innocence,

beauty, and attractions of women who were slaughtered by hecatombs; then

the guillotine gathered its harvest from the young girls of Verdun, as

the scythe cuts off a basket of lilies.

Nevertheless, in its moral debasement hitherto, France had made

profligacy a privilege and not _a right_. If the nobles had freed

themselves from the curb, if the middle class was irritated by it, the

lower orders still endured it, and, up to the Revolution, the prison of

St. Lazare tried to reform immoral men, over whom the Government

reserved a discretionary power. Young people of dissolute morals, under

25, picked up by the police, were confined at La Salpétrière, and at

Bicêtre; severe penalties were also attached to the prostituting of

modest girls. In order the better to appreciate our decline since that

period, let us recall the enactment of 6th November, 1778, which

prohibits provoking to debauchery in the public street,[21] and enjoins

upon tavern and lodging-house proprietors, under the penalty of a fine

of 200 to 500 livres, to keep a register of the names of all the persons

they admit. The police, who made a strict inspection of these houses,

brought into court the tavern and the lodging-house keepers guilty of

harbouring women of doubtful character, and, in the event of their

transgressing a second time, had their houses closed. When the

Revolution abolished the old regulations, and expressed a formal purpose

of establishing fresh ones, the lower orders, in their _saturnalia_,

again became violators of women—a crime which, after having destroyed

the aristocracy, was ruining the middle class. The Convention, alarmed

at excesses which were threatening the very foundations of social order,

thought to nip the evil in the bud, by enacting the distant deportation

of abandoned women; but the instability of its short-lived powers did

not admit the application of this measure.

Notwithstanding that, the feverish activity of the nation, its

sacrifices during the wars of the Republic and the Empire, greatly

restricted, in the beginning of the century, prostitution, which

Napoleon I. regarded with horror.[22] M. M. Pasquier and D’Anglés

subsequently made a demand, but vainly, for effectual measures for

extirpating this social canker; in presence of its rapid progress,

honest magistrates and upright counsellors felt the necessity of having

the old enactments put again in force. Tavern-keepers, harbourers of

prostitutes were, at the instance of the public ministry, often brought

before the Court of Correctional Police, and condemned to a fine, by the

application to them of the enactment of 6th November, 1778. The Court of

Cassation had quashed these verdicts but three times up to the year

1866, when the before-mentioned enactment received its last application

from the Correctional Court of the Seine, which expressed the wish to

see the laws of former times again put in force in modern legislation.

Since that period, our judges, alleging their limited powers, declare

that the fact of the tavern-keepers admitting prostitutes is only a

breach of police-regulations, satisfied by a fine fixed at five francs,

by the application of the article 471, No. 15, of the Penal Code.[23] It

is useless to say that this fresh moral weakness, by rendering the most

cynical impunity in these immoralities certain, permits young men freely

to indulge in illicit intercourse. Our Code referring all the means for

repression to the _police_, it remains to be seen how this discretionary

power acts with respect to the pander who procures the debauchery, to

the man who pays for it, and to the woman who is the subject of it.

The brothel-keeper, as we know, acquires a right, even a monopoly, by

becoming the mistress of a licensed brothel; her privileges are sacred

to the degree that no one may meddle with them as regards that matter. I

have no longer to touch upon the respect we owe to the _ladies of the

house_, and I pass over that infamy. As for the individual sufficiently

degraded to seek for the gratification of his brutal appetite in

debauchery, he is under the very special protection of the public power,

which keeps watch, night and day, to sanction his rights. The police by

the Vagrants’ Act, it is true, strike down in the lower classes a few

debauchees among respectable people, but for every man who has a home

there is no curb; the “magistrate for morals” goes so far even as to

object to the tears and supplications of a mother who implores him to

take pity on the soul of her son, losing his health, money, and honour

in brothels.

Far from keeping the young man at a distance from the sin by a threefold

fear, our society even tries to take that fear away from him by using

the utmost solicitude to set him free from every duty in contriving, if

possible, to rid him of those selfish subjects of prior interest for

him, which might have proved his safeguard upon the brink of ruin. The

sanitary visits and the imprisonment of women guilty of not having kept

the debauchee unharmed, cost nearly half a million in Paris. Let an

approximate calculation be made for our other towns, and it will be

apparent how valuable a citizen, in the interests of public order, is

the frequenter of permitted brothels. His cynicism will have victims,

above all among those women who have no material independence, and no

moral development. We know the fate of the common prostitutes who,

formerly kept down by laws applied equally to their accomplices, are now

accounted for nothing in the eye of the law, for the profit of these

same accomplices.[24] The girl of the town is no longer a person, she is

a _thing_ in the eye of a species of roving commission, which gives its

stamp of security to the bargain; prostitution is no longer an

unspeakable infamy, it is a social want, as necessary as, more imperious

even, than nutriment in the opinion of the legislator, since he does not

permit a theft which might even be the sole means of appeasing a

devouring hunger, whilst he is destroying human dignity and social

justice in the interest of debauchery. The lower-class girl becomes as

the sweepings of the streets, will be imprisoned therefore, not for her

immoral way of getting a living, but for not complying with the law

after the markets are closed, or for want of customers; because, from

the moment she accepts an offer, she escapes from the control of the

police. Our unsavoury raids upon the haunts of debauchery are termed

service of morals; they are usually made by old soldiers—models,

doubtlessly of chastity—in a military spirit, who have the right to

treat, without ceremony, every woman _guilty of walking about_, and who

will be looked upon as prostituted if she has no relatives to claim her.

An absolute judge gives his sentence, without any appeal, for condemning

this one to be registered, that to be imprisoned; if, week by week, they

do not present themselves for detestable investigations, they will be

imprisoned as persons guilty of _intended_ prostitution. Twelve verdicts

of guilty of this kind are, on an average, pronounced daily at Paris, to

the gain of profligacy. In our seaports, the police, established for the

security of evil, intrude even upon domestic privacy to oblige female

servants to be enrolled.

The intense nausea this system has lately caused France may make

apparent to what kind of despotism it gives up self-dependent women.

Moreover, if a head official is continued in power after the mistakes

which are the necessary consequence of his orders, it is a crying

injustice; if he is deprived, it is as great an injustice, since this

victim is sacrificed for having done what he considered his duty. Our

machinery for morals will remain for ever an evidence of the degree of

barbarity which depraved communities may attain to; let us not expect

anything more humane from them, and if we have forgotten the history of

prostitution in ancient France, let us recall that when slavery had

developed in the Roman Empire those excesses which are consistent with

the right of citizenship among ourselves, Tiberius was compelled to put

down the incontinence of women, and Domitian issued sumptuary edicts

against women of loose morals. _The protection accorded to the

immoralities of the man is the cause of the incessant persecution of the

girl of the town_; she alone is followed up in furnished rooms and

hotels, which are likewise the refuge of the workwoman, the

female-servant, and the art-worker without employment, who, when there,

find themselves the subjects of the harsh misconstructions of the

police, who are invested with the right of intruding upon, and of

arresting them at any minute. Immorality has, from this motive, gone to

the length of driving women from our boarding-houses who were trying to

get a respectable living. In 1845, the Prefect of the Seine, acting on

the express order of the Minister of Public Instruction, issued a

regulation prohibiting mistresses of boarding-houses and _secular_

institutions from receiving women-lodgers as boarders, and ordered them,

under the penalty of a prompt closing of their establishments, to turn

out of doors, without delay or exception, those then residing with them.

As a consequence of this severe measure, the modest woman, often not

knowing where to rest her head, sees herself obliged to submit to the

discretionary discipline of public girls. The convents, it is true, not

being included in the regulation cited above, admit women very far

advanced in pregnancy, who are presented to them by an ecclesiastic.

The young woman endowed with youth and beauty cannot show her face alone

in our streets without being exposed to insulting looks and words; if

she accept a situation behind a counter, in a spirit dealer’s

establishment, she will, by the laws of 1861, fall under the action of

the police, as _guilty of corrupting young people_.

To finish on the subject of this despotic law, it must be added, that a

large number of places of public resort, of promenades, cannot be

frequented by unaccompanied women, and that a quite recent regulation

forbids every _unaccompanied woman_ to enter any of our cafés on the

boulevards. Formerly, public places of resort were forbidden to

prostitution; at present, having obtained the wall-side there, it drives

respectable people away from them.

The anxiety of the Administration for the debauchee might, however,

leave him some monetary miscalculations; but legislative enactment and

legal exposition are on the watch, in their turn, like anxious mothers,

that mistresses should not be too expensive. Every day our courts of law

sanction the rights of prostitution by annulling his presents and debts,

and issuing orders like this: “_It exists as a principle in

jurisprudence_, that the _individual who has excited to debauchery to

gratify his own passions is by no means looked upon as guilty by our

legislation_.”[25]

This solemn charter is confirmed in all the specific applications.

Formerly our law courts, refusing their countenance to men whom they

looked upon, and with justice, as the greatest disturbers of social

order, refused to entertain any of their suits whatever, upon the ground

of this old maxim of law; “_Nemo auditur turpitudinem suam

allegans._”[26] Practically, those who support courtesans never appear

before the judges except as complainants to claim protection, if these

women owe or get money from them unfairly, or continue to use the name

which they themselves had inscribed upon their crests.

Let us judge of the complicity of the courts of law by some facts

recorded in our judicial annals, which constantly corroborate the same

principles in similar occurrences. A clerk, convicted of having stolen

45,000 francs, which he had sent to his mistress, was sentenced to two

years’ imprisonment, while the woman had to undergo five years of the

same kind of punishment.[27]

Justice sometimes goes so far as to punish the woman for the theft

committed by him who keeps her. A young man of 20, after having freely

prostituted himself with a courtesan, robbed his mother. The judge, by

an inquisitorial examination, tried to make the thief acknowledge

complicity on the part of the woman he was cohabiting with. He affirmed,

on the contrary, that he left her in the belief that the money expended

with her was part of the salary attached to his appointment. The court,

however, let this precocious debauchee off, and sentenced the courtesan

to 8 months’ imprisonment.[28]

The young man who has not attained his majority thus meets with a

special protection in corrupting himself; for, while our law courts,

upon the pretence that it is swindling, annul the pecuniary engagements

made with courtesans by men of all ages, they keep the young man under

21 especially safe. When robbery occurs, the fact of prostitution brings

the two principles of family and property face to face, but the former

is, in this matter, always sacrificed to the latter.

Military men, even officers, bring before the law courts the robbery of

their epaulettes, which has been effected in a brothel; and, without any

blame, without any penalty against these family destroyers, the

Government or Magistrate, after imprisoning the woman inculpated,

replaces the symbol of official honour on the shoulders of her

accomplice in profligacy.

Has not the student, too, the privilege of declaring to our judges that

he claims the repayment of 30, 40 francs, &c., pilfered by women with

whom _he was cohabiting_; not only does the court not pronounce him

guilty, it by no means seeks to know if this youth, the hope of his

country, has been the cause of a wrong, irreparable, perchance, to

society, by allying himself with abandoned women and outlawed youths,

whom his irresponsibility in wickedness has urged on to commit larceny.

It neither condemns this rebel against society to a fine nor to disgrace

as a citizen, and, by imprisoning the woman, it proclaims the man’s

right to be dissolute.

A well-known courtesan who lived in a splendid town-house in one of our

wealthiest districts, was there receiving, every year, from her

admirers, an income of about 100,000 francs. Carriages, liveries well

known in the official world, were shamelessly standing at her door. In

those orgies, which are only to be compared to the Babylonian nights,

she boasted of having _the particular charge of training young people_.

The police, forcing an entrance into her house, accused her of illegal

gambling. It is unnecessary to say that the court did not sentence—did

not even name, any of her high-placed accomplices; certain organs of the

periodical press gave an account of this affair, and spoke of the

courtesan under the appellation of _amiable hostess, well-known in the

fashionable world of Paris for the choice suppers she gave_. Our

jurisprudence is still the zealous protectress of these men who manifest

an equal shamelessness in tricking out the courtesan with their heraldic

name, and taking it from her when they are in search of the marriage

portion necessary to restore their fortune impaired by profligacy. With

an unfeeling barbarity they then set to work to drag their discarded

mistress before the courts of law, to take her ducal coronet from her,

to efface the coats-of-arms they had themselves engraven upon her

carriage, and, at length, to have her sentenced for usurping the titles

of the aristocracy.

The seducer unpunished, (what do I say,) protected, encouraged! is not

even prosecuted for the purchase of girls under age; for our code only

recognises guilt where this traffic is made a _regular calling_. As to

the seller bungling enough to fulfil all the required conditions, he

renders himself liable to an imprisonment of from one month to five

years, and to a fine of from 50 to 500 francs; but the full extent of

the punishment being never imposed, the risk is small, the advantage

certain from the time that the sale of a young girl can fetch, from

1,500 to 10,000 francs. No search for, no mention even is made in any

case of these monsters with a human face, who have a constant right to

the produce of this horrible traffic; no indemnification is granted to

the wretched parents from whom the victims have been carried off by

stratagem. I have already cited the solemn right which the spirit of our

laws acknowledges for those who procure debauchery on their own account.

Different decrees declare that Article 334 of the Penal Code, relating

to the exciting to debauchery, is not applicable to this kind of crime.

Even when there has been systematic persuasion, cleverly exercised by a

man of ripe years upon a girl under age hurried away from a respectable

way of life, our courts acknowledge that they have no means of bringing

the guilty person to justice.

To the privileges I have just enumerated, prostitution on the part of

the man adds that of honour intact. Every time a punishment loses

anything in its degree of publicity, or is no longer available for an

act that is blameable and hurtful to society, the cry of public opinion

is stifled; its isolated manifestations remain powerless, especially

when they are looked upon as a crime. Then indignation, no longer

finding a free course, a tacit acquiescence, which may be thought a

voluntary one, gives daily, new force to the reign of vice, and a great

confusion of principle exists between good and evil. It must be

confessed, with sorrow, never did civilization in this matter protect

evil with more effrontery than ours does. Respect for the man of

dissolute morals is, among ourselves, imposed by a system of vicious

laws which furnish him with an impenetrable breast-plate; he is able to

brave, and he does brave, honour and duty, beneath the shield of the

interdiction of investigation to discover the father of illegitimate

children, and by the law which refuses to admit proof in cases of libel,

and forbids the making known any act of private life. If he is in the

service of the State or of his country, his irresponsibility will be

still greater; his freedom from annoyance will follow him even in death,

for society has further provided that his vices may sleep in the grave

with him. Sullied by baseness, he will even receive distinctions that

will enrol him in the list of those chosen for official rewards. Do not

let us be any longer surprised, then, at the discredit into which these

rewards are falling; for, if the cross of honour is given to a man who

has deserved well of his country, it will lose its value if a man who

has done nothing remarkable obtains it also; it will fall into contempt

if a despicable man can get it. Hence result the indifference and

disdain which, in depraved societies, certain men profess for official

honours, whose symbols which might serve as a safeguard against infamy,

they sometimes refuse to wear.

The study of our present subject has shown us a thorough absence of

discretionary measures and of penal laws against prostitution in men—a

fact unheard of, I think, in the history of civilizations _based on the

principle of the family_.

Is this culpable toleration the effect of a general relaxation of

morals? Is it possible to reform our laws? This is what every serious

mind must ask itself in view of such a rapid downward course.

This consideration is so much the more important that, in its economical

aspect, it is connected with the European balance of power. The relative

strength of the powers especially consists, it will not be denied, in

the manner, more or less effectual, which they adopt in order to

maintain, together with the dignity of the man and the woman, the vigour

of the child and the honour of the family. We see, in fact, that those

nations only which sanction the principle of moral responsibility, have

been able to preserve themselves from the decay which prostitution

brings in its train. England,[29] Sweden, Switzerland, Prussia, Saxony,

the United States, &c., permit, as France in former times did, the

private initiative in the closing of the places for debauchery; they

refuse to allow the accomplices of prostitutes to bring any action for

debt, and impose penalties for the immoralities which we both condone

and surround with outward signs of splendour.[30] On the contrary, we

see the greatest slavery—that of the passions—among peoples which,

having the likeness of liberty, are governed according to the French

code. Thus Belgium, suffering from the like social wounds with

ourselves, gives the title _conversational drawing-room_ (salons de

conversation), to places where young girls are to be bought, and where

important personages go to be supplied.

Without pausing here upon all the economic consequences of debauchery, I

shall draw attention to the fact that it enervates, enfeebles, and

diminishes population, accumulating and scattering, besides, riches got

without labour; and devoting to orgies food obtained by pinching the

poor, it creates a pauperised community in the midst of one of

sybarites.[31]

The European nation which shall most imperfectly put down this vice will

therefore be the weakest, the most unstable, and, consequently, the

ripest for downfall. Experience teaches that this truth applies alike to

ancient and modern civilizations.

Moral responsibility, interpreted in Egypt, by the duty which the

lawgiver imposed upon fathers and mothers of providing for their

illegitimate children, and by their custom of passing judgment on the

dead, had fashioned that granite people which will continue to be the

wonder and admiration of all ages. So long as Greece and Rome preserved

this Egyptian policy, whose light had been introduced among them by

severe lawgivers, they were in a position to defy, in like manner, all

external enemies; but, from the time that the absolutism of profligacy

_towards their slaves_ had hurried them along the downward path to ruin,

they refused to submit to those wise laws, which had constituted their

strength, and ensured a hopeful future. What vigour, what energy, did

this unceasing control bestow upon the administrator! Despite the

depravity which found its way into Greece, in the age of Pericles, still

what a noble spectacle there is in the struggles of Æschines and of

Demosthenes—in that immortal discourse upon the crown in which we

perceive the heart of a free people throb in the reciprocal

responsibility of the public man and his accusers!

It is, on the other hand, sad to consider the work of absolutism, not so

much in the pyramids formed out of human carcases by the Genghis Khans

and the Tamerlanes, as in the civilized systems, polished like the Roman

Empire, that of the Low Countries and of France, in which are observed

the highest development of material and intellectual progress side by

side with moral decline.

Certes, reformers, moralists and satirists, were not wanting in the

Roman empire. Honest men, saddened and indignant at the depravity of

their age, tried to stem the muddy torrent which was hurrying it in the

direction of degrading gratifications. What noble efforts we see,

whether among the Catos, the Tacituses, and the Juvenals; or among the

Origens, the Tertullians, and the Justins! What moral energy among the

Stoics, who took for their maxim _endurance_ and _self-denial_! What

grandeur of soul among those obscure Christians, whose performance of

the moral obligations which are based upon respect for the dignity of

humanity, caused spiritual development to be carried to such a high

degree! Did not this reformation, seated upon the throne itself, produce

the admirable epoch of the Antonines![32]

Individual virtues were unable, notwithstanding, to save the empire,

ruined as it was from the day when the rule of morals no longer found a

place in either _law_ or _authority_; from the moment when there were no

longer either tribunes to denounce abuses, or censors to repress them.

Yes, the Roman empire received its death-warrant at the inconsistent

epoch in which Cæsar erected his vices into laws; in which Augustus

destroyed, by his example, the morality he preached by his precepts; in

which that _censor of morals_, who issued severe edicts against an

unmarried seducer, who caused the consecrated fire to be maintained by

the virgins on the altar of Vesta, being personally affected by the

contagion of the period, secretly introduced the courtesan at home, by

paying public and hypocritical honours to Livia. It is all over with

that power which shall have for its moral law nothing more than the

individual temperament of those who wield it, and Juvenal shall very

soon utter his prophetic warning:—

“Saevior armis

Luxuria incubuit, victumque ulciscitur orbem.”[33]

Rome shall drink the poisoned cup by copious draughts; when the queen of

the world shall have emptied the fatal beverage, God shall make a sign

to the barbarians, and the Northern hordes shall arise. A thousand times

unhappy should we be, similarly, if, by scandalous privileges, we

continued to attract the dregs of the entire world which will sacrifice

France’s future by corrupting her youth and her women. Before pointing

out the remedies which the evil calls for, let us, however, see to what

degree of horror its too great freedoms have brought the prostitution of

the man.

IV.—MALE PROSTITUTION, AND PARTICULARLY THAT OF THE STUDENT, THE

OFFICIAL, AND THE SOLDIER.

“May the unworthy man perish who makes a market of the heart, and

renders love mercenary! He it is who covers the earth with the

crimes that debauchery causes to be committed in it. How should she

not be always for sale who has allowed herself to be bought once?

And, in the ignominy into which she soon falls, who is the author of

her wretchedness—the brute who ill-treats her in a place of bad

repute, or the seducer who drags her there, by being the first to

put a price on her favours.”—_J. J. Rousseau._

“By refusing virtue the right of being the matter of primary

importance, you have granted to vice the right of being so.”—_M.

Alex. Dumas, fils._

“There are bad examples worse than crimes; and more States

have perished from violated morals than from infringed

laws.”—_Montesquieu._

The legislative impunity, the administrative and judicial protection

granted to the excesses of the man, must take away from them the stigma

of infamy, and, by making them universal, cause them to be lost sight of

even to the very odiousness of their name. Every vice which forms part

of a nation’s life is disguised under an honourable term. Thus

prostitution is called _gallantry_, and to live in those bonds which

degrade woman, suppress the child before or after its birth, and hurry

society to ruin, is to _divert one’s self, to be a man of pleasure, an

agreeable companion, a captivating knight_, &c. The facility with which

young men can procure instruments of vice, wherever they go, the

guardian-hand of the administration which goes with them for protection

into the very haunts of profligacy have caused them to lose their moral

sense to such a degree that their passions, nursed by habitual

gratification, no longer acknowledge any check. Who has not heard those

Societies spoken of which give their candidates formal banquets, to

which every member, married or not, repairs, accompanied by one of his

mistresses? Our towns are honoured by a crowd of illustrious “gaudins,”

who call themselves _followers-up of workwomen_; of celebrated

foreigners, earls and viscounts, &c.; hunting-dogs more or less clever

at following up the track of hunger and destitution. Upon our

boulevards, in our coffee-houses, at races, clubs, theatres, they riot

and box for these women, whose champions they glory in being. Fathers,

eldest sons, generals, literary men, bankers, &c., even dare to set

themselves up as supporters of registered girls. They sign, without any

shame, the letters they address to them, and have the assurance to go to

the office of the commissioner of police to give themselves out as their

lovers, and there to claim them.

Elsewhere such and such a man acknowledges that he is looking for a

fortune by marriage to repair the inroads made on his heritage, by more

than a _hundred_ women he has kept. Young masters of establishments,

where many workpeople are employed, are seen, moreover, reserving to

themselves the right of choosing their mistresses in the workroom, and

exacting that the mother of the work-girl, who is the sport of their

whims, should keep a constant watch over her, and give her up to them

herself. Certain fashionable foreigners look out in the “Petites

Affiches” the addresses of women out of work, whom they engage under the

title of servants, governesses, needlewomen, &c., and afterwards hand

over to the public streets those who, having neither means of their own,

nor savings, have been put in their power by hunger.[34]

In all classes we meet these men, whose polygamy, simultaneous or

successive, has no other limits than the caprices of unbridled passion.

This process of making licentiousness common, imparts to it, in the

present day, an instability unknown even to the corruption of the 18th

century, in which the courtesan was, so far as the aristocracy and the

rich among the middle classes were concerned, a woman of inferior rank,

with an assured _status_, like that of the legitimate wife; in practice,

our dissipated men, rich and poor, allow their _mistresses of a day_ to

pass through every successive step in degradation. Such and such a youth

writes down among the records of his life, the possession of a girl whom

he was able to pay for three months or three days when he left college.

Thus the debauchee, not rich enough to keep a mistress, obtains unlawful

gratification on a species of five-percent. principle; it is the fact of

the existence of these morals that gave occasion to the writing of

this:—

“Impuissants a porter un vice tout entier

Ils sont amants, joueurs, libertins par quartier.”[35]

But, in order to appreciate better an evil which is sapping society in

its very foundations, let us especially consider those who symbolize

truth, justice, law and national defence; that is to say, the student,

the public official, and the soldier—the soldier who, previously

enlisted to defend his country, seems to be no longer kept in pay but in

order to corrupt her.

The young man’s course of depravity begins at college; the pestiferous

atmosphere in which we are living causes bad books to find their way

into our schools, where children are often detected reading the memoirs

of our dancing and singing celebrities, to get acquainted with the

details of their lives and that of their illustrious lovers; the greater

part of them conceive the hope of following their elders in backstairs

society, and their young imagination places its beau-ideal in the wealth

acquired by corruption and for corruption.

The sayings of young men have been collected, of whom one claimed that

the unlimited use of the horse, the cigar, and the mistress, should

follow upon a course of philosophy; whilst another affirmed that it

might be substituted for it with advantage. In fact, we have

rhetoricians who fight duels on account of harlots. It is this type of

libertine which affects a supreme contempt for modest women, rejects the

advice of his elder sisters, the wise counsel of his mother, and would

fear to be ridiculed among his fellow-students for his respectful

conduct towards her. The manners of some of them are such that they

glory in smoking in a carriage, in the presence of women, who seem to

them too timid to remind them of the bye-laws.

Religion and the family oppose but a feeble obstacle to the profligacy

of youths during the period of secondary instruction; but in that of the

higher grade, the young man shaking off this uncomfortable check,

inaugurates his life as a citizen by procuring a degraded mistress, who

initiates him into every sort of wickedness.[36]

The student away from home often lives in those social circles which are

the most corrupting. It is incredible to what extent the guests at these

social gatherings dread the company of respectable people. They give

themselves out as ‘_bored_’ if they have to make their appearance at a

_family_ dinner, try to escape from a ball in good society, shun a

drawing-room where they must observe some proprieties of behaviour, and

curse every atmosphere which keeps them away from their cigar, their

beer, the racket of the billiard-table, the public-house and the orgie

where their nights are spent. Far from being ashamed of this kind of

life, they have, as we can testify, the impudence to appear in our law

courts as complainants, if the women with whom they are cohabiting rob

them of a few francs. Students of law, medicine, &c., often picked up

drunk in the streets, at two and three o’clock in the morning, are

brought up for creating a disturbance at night. “You have,” the judge

tells them, “ill-used women with whom you are cohabiting; but the fact

of notorious profligacy is not an object of legal repression or even of

censure.” A law student twice attempted to stab with a poinard one of

his rivals who was seated at a table of the _Eldorado café_. The

prosecution proved that this assassin had for four years been living

with prostitutes in the most unrestrained debauchery.[37] By an odd

coincidence, the newspapers were giving a report of this degradation of

a young man entrusted to our society, by an honourable family, for the

sake of his education, viz., for the elevation of his mind and heart, on

the very day that the Senate, after having approved of the

irresponsibility of public officials, was adding a peroration to an

address, to celebrate the principles of _loyalty and morality_ in which

we are bringing up the young. Let us look a little more closely at the

language of facts, and we shall understand the unhappiness of parents

compelled to have their sons brought up amidst circumstances in which

the principles of _loyalty and morality_ may be trampled under foot with

a cynicism of this character. There is no longer such a thing as youth,

some one exclaims with sadness, in taking notice of morals of this

description. There is no longer a fatherland, one might rejoin. Are the

domestic virtues, then, no longer the school for civil ones? If any

guardianship, or disciplinary regimen, is exercised over students, apart

from acts which do not fall within the penal law, is it logical to make

them out to be so rigorous in discourses read to foreigners while

shutting our eyes to the crimes I am enumerating? Should not tutors that

have charge of the heart, from the time they stand in place of the

absent family, take care of and be anxious about the morality and higher

nature of these youths, who are the advance-guard of the future, and

have been confided by France to their care? And yet this corruption, all

odious though it be, is not to be placed by the side of the fierce

selfishness of those students who, with a calculating heartlessness,

seduce workwomen, artless girls who become attached to them. In order to

show the connection between seduction and prostitution, I instance the

following among those which abound on this melancholy subject:—

A rich foreign student, whose parents used to send him 600 to 700 francs

monthly for his personal expenses, became acquainted with a young

shopwoman living away from home in Paris. After keeping her for some

time, he deserted her when she had told him she expected to become a

mother. This woman in the most frightful poverty, reduced to bring forth

her child in the street, was conveyed to the hospital. Despite the

student’s unfeeling conduct to herself, she was hoping he would provide

for the daughter she had given birth to; but he proceeded to take away

from her her last hope, and informed her, when sending her 30 francs,

that if she had the audacity to annoy him, French police and French law

would very soon set all that to rights. Stunned by this last blow, the

young girl never again arose from her bed of sorrow. Let us say, for the

honour of human nature, that there was a general feeling of indignation

among those who knew about this odious action; they did not know how to

brand this selfish debauchee who imagined he could, with 30 francs,

atone for the murder of a woman and the sacrifice of a child. I,

however, consider he was generous, this student. The laws of his own

country, sentencing him to allow the deserted child and agonised mother

a means of support in proportion to his fortune, might, it is true, have

imposed upon him a sufficient fine; but, as he was living under the

personal advantage of a code of laws he had been wise enough to call in

to his aid, as a protection for his profligacy, and as he was the sole

judge of the reparation, he gave 30 francs too much. Perhaps he denied

himself an orgie; he showed himself superior to a code which, to

preserve the prerogatives of debauchery inviolable, does not condescend

to grant the consideration to the human soul which it bestows upon

broken glass. The French legislator has said to us, in effect: “_I

forbid_ you to interfere with this man; he is my chosen one, my

anointed, the apple of my eye; I pronounce him inviolable. Let him cause

ruin, let him make victims, I applaud; it is his right, it is my

principle of the education of youth.”[38]

These poor girls are also seen to commit suicide from despair. One of

them threw herself out of her window on hearing of the marriage of a law

student who had just deserted her. Another was seized with asphyxia in

the room of the medical student who was leaving her. Have we not reason

to shudder, then, in reflecting that these assassins, seated one day on

the bench, will be the interpreters of the fundamental law which

regulates the relations of the sexes?

In directing special attention to such monsters, let us consider youth

away from home, entering life with the most generous aspirations—with

the healthiest impulses with respect to individual rights and social

obligations. Well, these students, not being more than about 25 to 30

years old—not having the social position which will admit of their

marrying—meet with numerous obstacles in the path of honour. In their

minority for lawful wedlock or for reparation, they are in their

majority for error and crime. Their conscience speaks in vain; society,

fashion, speak louder still, and stifle this voice. Minority, the issue

at the termination of their student career, the demands of their future

profession, are insuperable obstacles. Custom and prejudice superadding

their barriers, give the names of heedlessness, and senseless marriage,

to the fulfilment of a duty from the non-fulfilment of which an honest

man would recoil. In proportion as the student lives in this deadly

atmosphere, the depravity of his heart vitiating his judgment, impels

him, without remorse, to sacrifice mothers and children as a holocaust

to profligacy. The lower-class girl is no longer anything but the sport

of his passions. It is all over with him. He proceeds from seduction to

prostitution; provides himself with victims without name, by the

intervention of the agents of human merchandise, the hucksters of shame;

and France has lost a man. This is the history of numbers of young men

fixed in our towns for years, between their duty, the abstract idea of

good, and the social current of example, and the allurement of the

senses. They had promised marriage to a woman they had seduced; their

promise was a sincere one; they even attempted to get rid of the

material obstacles which were opposing either their lawful union or the

legitimation of their children. But as their promise did not receive the

sanction of the law, they made themselves familiar with perjury. Time,

absence, satiety made them forget their former engagements. They then,

no longer as novices, but with deliberate design, made false oaths to

other women, and constancy foresworn in regard to one will be so in

reference to a thousand.

A celebrated novel has made the names of _Tholomyés_ and of _Marius_

familiar to many. The former personifies the student with base passions,

the hero of the day, whose morals I have sketched—who becomes an

important personage, a member of parliament, all the while he is

continuing to be, without control, the cause of ruin to women and

children. The second pictures the young student, true to a first love,

which keeps alive in him noble and elevated feelings, and confers

happiness on him through marriage. Men affecting to be serious, have, in

this matter, accused the author of exaggeration and falsehood. It may,

nevertheless, be asserted that our higher course of instruction reckons,

among those who are its objects, many more of the _Tholomyés_ than the

_Marius_ type, and that it is even organised in a way to nourish these

profligate men. Who does not know that on the appearance of the

_Misérables_ our _Tholomyés_ of the _quartier latin_ were making sport

of their mistresses by styling them _Fautine_?

If we wish to leave the domain of fiction, let a careful inquiry be made

into the number of young men away from home in our towns without

becoming depraved in them; let this investigation be made among the

fifteen and twenty thousand students living in Paris, far from their

families, and let us be informed how many _Tholomyés_ seduce _Fautines_,

and how many _Mariuses_ marry, or can marry, their sweethearts. For

myself, I am endeavouring to base my assertions upon conscientious

investigation: I have questioned many families having relations with

students who are recommended to them from the provincial towns. All have

assured me, sadly, that they have not been able to save _one_ of them

from vice. A respectable woman, among others, after keeping in view

twenty young men, had seen some who had remained one year, others two or

three years, without contracting vicious habits; but all of them, before

their departure from Paris, had finished by, more or less, losing their

innocence in the fumes of excess, and were giving themselves up to those

debasing pleasures, which, by corrupting the individual, destroy all

social-ties. It is young men like these who, baptised in luxuriousness,

make, as it were, a distinctive livery of it; for the rest, it is not a

question of knowing if good or evil is the exception here, but of

demonstrating all the odiousness there is in the impunity of a possible

vice while the student is being initiated into the duties of the

citizen.

In the face of the actual state of things, let us no longer ask why our

system of advanced training produces so few superior men, and let us

deplore the mistake of the instructors of youth, who do not pay

sufficient attention to moral culture—to the elevation and dignity of

the feelings of man—to the enquiry whether the youth entrusted to their

care has not been guilty of any of these stolen-marches upon justice

which confuse the harmonious relations indispensable to the maintenance

of all social order. For ourselves, conscious of the worth of a human

soul, we weep over the unhappiness of France, which, year by year, is

losing its vigour. I shall have to speak of the antagonism in society

which results from male irresponsibleness. Let us follow, for a moment,

those young men prepared for filling the part of public officials by

acts of violence against the institution of the family, and which would

deprive them of the rights of citizenship in a state of society

sufficiently logical to regulate its morals by its principles.

It is among these that we meet with those selfish and avaricious men

who, having a host of ruinous wants, contract mercenary marriages. It is

in their ranks that we include those intending husbands, dragged into

marriage by their families, and by certain conveniences of position,

which impose it upon them as a means of purgation; they have had pointed

out to them a young lady disposed to place in their power a large

fortune, attractions of person and heart by relatives who must decide

about them. The marriage is, nevertheless, arranged without their being

consulted; everything around them is going forward for the nuptials;

nothing is wanting but their affection. Eventually the marriage takes

place; they make as few and short calls as possible; in the midst of the

heartiness of their family connexions, they alone remain abstracted,

bored, awkward and unpolite, absorbed as they are in regrets for the

seduction of the lower-class girl for which they had not to answer, and

for the courtesan’s drawing-room. Restrained for a very short time by

the life of the domestic circle, they are ill at ease while kept at a

distance from their ideal, all the while looking forward to be released

on the very first opportunity.[39]

To get at the origin of these immoralities, so widely spread in the

present day, we must put royalty itself upon the culprit’s stool, and

exhibit it on the scaffold where it expiated the guilty inconsistency

which made it defy those moral laws, the observance of which was its

most sacred title to the veneration of subjects. When the dynasty of the

Mérovingians was implanted in our soil, a conquest to Rome,

civilization, and Christianity, the Gallican bishops, it is true, made

the haughty Sicambrians bow their heads to regenerate them in the water

of baptism. But these men of the sword and blood did not leave all their

pollutions there, because their moral sense was not sufficiently

developed to understand the purity of practice, the holiness of the

Christian teaching. The Church tolerated in these barbarous kings and

their enervated sons, the Roman system of concubinage which, be it

observed, by determining the lot of the woman and the child, guarded

against the crimes resulting from irresponsible profligacy.

Nevertheless, absolute power would have brought its customary abuses in

its train if, in the Church, it had not found a moderator invested with

the noble mission of giving a sanction to justice by making the

principle of marriage triumph for the protection of the weak against the

brutal caprices of the strong; history ought to bless those pontifical

fulminations which hovered constantly over the head of royal culprits

from the moment they had taken their passions as their rule of

conduct.[40]

But restraint irritated these kings, these princes and great ones,

senseless enough not to understand that they were ruining themselves,

together with respect for authority, by teaching the people contempt for

the moral law. The age of the “Renaissance” was, from this point of

view, perhaps the most fatal era of our old monarchy. Paganism, when it

left Constantinople, proceeded to take possession of the papacy, and,

being infiltrated into all the pores of our society, dominated in

literature, art and morals. In the “saturnalia” of debauchery, Rome lost

her empire over the souls of men; the Reformation carrying with it the

principle of vitality, substituted the authority of conscience for that

of divine right; but France, corrupted to the extent of having abbots

like Brantôme, had not recuperative force sufficient to regenerate her

morals, and, pagan in her customs, she was yet illogical enough to

believe she was Christian and profess herself Catholic. Her kings,

putting themselves out of the page—that is, ceasing to be guided by

common sense or reason, wallowed with impunity in the most monstrous

debauchery. Sending to execution those who reproved them,[41] they paid

honour to their _morganatic queens_ (queen-mistresses). From this

period, moreover, every principle of respect was destroyed by these

great violators of the social compact, henceforward in no fear from

judges; it is in this way that France experienced the humiliation of

sullying her history by the disgraces of the court during the dynasty of

the Valois, and by the scandals and infamies of that of the Bourbons.

The example afforded by royalty having roused the courtiers and nobles

to emulate it, they vied with each other in deserting their duty of

making their estates productive and enlightening their vassals. Wholly

taken up in the gratification of their selfish passions, they gradually

lost their long kept honour in the ostentatious idleness of Versailles,

and communicated their corruption, more and more closely, to the rich of

the middle class. Still, however, the law, which was no longer anything

but a dead-letter for royalty and the aristocracy, continuing to

exercise authority over the masses, the condition of morals at the close

of the 18th century may be thus summed up: the nobles paraded their

mistresses, the middle class concealed them, the lower orders coveted

them. But peace to these _Manes_, since rivers of blood have cleansed

these _Augean_ stables.[42]

It is not useless to compare this period of decline with our present

morals. _Then the debauchee infringed the laws—he keeps them now_; the

corruption which was at the head of the nation has affected its heart;

_the privilege of the few has become the right of all_.

“Obscur, on l’eût flétri d’une mort légitime,

Il est puissant, les lois out ignoré son crime:”[43]

was then the poet’s indignant protest. In the present day, the highest

functionary prostitutes himself with prerogatives as princely as those

of the Duke of Orleans. There is even no longer any magisterial

authority for exercising a wholesome restraint, in this direction, upon

_the governing class_.

Every debauchee is an absolute sovereign, not after the manner of our

former monarchs who robbed God through his representatives, but like the

Tiberiuses and the Neros, whose only law was their own passions.

The scandals of the uncontrolled conduct of certain officials set at

defiance all sense of rectitude and indignant feeling. The blows they

deal at the rights of the family are so public, so deplorable, and so

numerous, that the State might be thought partial to debauchees if we

did not know in what an atmosphere the greater part of the men entrusted

with high-office for the purpose of directing us are prepared for their

work, if we did not especially note their emulation in, and boasting of,

the lax morals which obtain among the upper classes.

If I specified a few of these offences, our law for libel would consider

me guilty—to such a degree does it pay respect to immorality. Let us

merely say that no government whose aim might be the destruction of the

institution of the family could find either better servants or a better

state of affairs by which to accomplish its ends than that of France.

Let us speak at least of one of these men whose morals are no longer

under the protection of the law.—Reynaud who, in 1861, came up before

the Isire Assize Court[44] under the law for the prevention of

assassination, was a former public official, that is to say, _a guardian

of religion, the family, and propriety_; he had even been foreman of the

jury in this court some years previously. As the proceedings at the

trial proved, the successive registry-receivers in that district were

causing scandal and demoralising it by their illicit intimacies.

Reynaud, the murderer of his daughter in a fit of jealous anger against

the Registrar, whose mistress she was, was convicted of having committed

every kind of outrage upon the family institution. A husband and father,

he incessantly solicited his female domestics, day labourers, and the

farmers’ daughters &c., on his estates, never letting them alone; he

forced them by threats of killing those who were proof against his

terrifying intimidations, to the extent that several women lost their

health through fear. A farmer gave evidence at the trial that, in one

year, three poor servants had been obliged to submit to the monstrous

desires of Reynaud, and that others, in a more independent position, had

saved themselves from it by flight. A friend of his daughter, overcome

by him, was also obliged to yield to solicitations which, in the

defence, were toned down into partial violence. Reynaud had, moreover,

seduced an idiot, and cruelly left her in great destitution while she

was pregnant; he drove her away with blows with a stick when she came

with her mother to ask him for some assistance for the child. This

ex-official, who understood the law as applicable to his own case, even

boasted at the trial of having bought as many women of the labouring

classes as he wished for, by throwing them a five-franc piece as an

inducement. “_That is how those things are done_,” he added

sardonically, with a consciousness of his right. So far it was well, and

the cup would never have been full if he had confined himself to this

species of crimes, for none of the facts I have just recounted

constituted the smallest delinquency, nor even the slightest

responsibility in the eye of our legislation, which, at the same time,

discountenances divorce as _an outrage on the family institution_. After

the recital of these horrors, the President could say to the accused,

“_You have been an honourable man to the verge of the criminal code._”

At this trial, the judges, without respect for public decency, put upon

the stool of repentence all the women whom the respectable citizen and

upright functionary Reynaud had bought for five sous or five francs. Let

these female domestics and day labourers, whose honour is worth a few

francs, pass in review, and let girls belonging to the wages-earning

class be fastened to the pillory! The court did not blush to compromise

even a wife and mother who had had dealings with Reynaud: it violated

the sanctity of the domestic circle in summoning this woman to give her

evidence. The unhappy creature seeking, as in a barbarous age, an asylum

at the foot of the altar, knelt down for a whole day in a church, in the

hope of escaping the shame of this trial, at which she was questioned,

in inquisitorial language, in presence of the public, about the most

minute details of her illicit connection with the accused man. After in

this way sacrificing the weak, the judges manifested particular leniency

to the officials, the lovers of the daughters assassinated by Reynaud,

as necessary to the proceedings as the women who figured at them;

inviolability, the protectress of their profligacy, prevented justice

from summoning them, and even uttering their names; their

“_honorabilité_,” kept safe by the letter “h,” suffers them to continue

preaching social morality in our departments, and leading the people

back to healthy notions of law and duty!

To understand the immense mischief which a single profligate man can do,

we must refer to our multitudes of Reynauds who have neither killed nor

stolen, but who, submitting like himself to the yoke of unbridled

passions, sow death wherever they go without being punished for it.[45]

In the face of an irresponsibility of such a nature, instead of

lamenting lest morality should no longer exist, we should rather wonder

that there is any to be found.

I am aware that with our dissolute officials we might place in contrast

noble types of moral qualities in other public functionaries, who are

honourable and devoted to the public welfare; but this contrast would be

a fresh condemnation of the society which despises the family to the

extent of not making any distinction between these and those whose

morals I have sketched. Did not this confusion of principles already

exist in the Roman Empire at the period in which Corneille depicts it in

his “_Polyeucte_”?

To the profligacy of the student and the public official, let us add

that of the soldier:—

We should look into history in vain for a method of defending our native

country, more opposed to its true interests than is our peace-army.

Conformably to a memorandum of the Council of State (December 21st,

1808) declaring that it is for the good order of the army and the

interest of society _that military men should not be able to contract

inconvenient marriages, susceptible of altering the consideration due to

their character_, the generals and colonels on active service and liable

to be called out, half-pay officers, and reserve-conscripts, must obtain

a special authorisation to marry, under penalty of being left unprovided

for, of being reduced in rank, and of the loss of all rights and titles.

We know that the marriages _of convenience_ consist in the settling the

minimum of the marriage portion; but, in spite of these conditions, the

official permission being only given to the heads, marriage is very

exceptional in the army, and still more so in the imperial guard. Hence

follow prostitution in towns, seduction and concubinage in the rural

districts, and female degradation and the sacrifice of infant life

everywhere. The government had, in this matter, even lost the sense of

economy to the extent of almost requiring, after a five years’ active

service, three years in the reserves _without marrying_. If the “Corps

législatif” has, by its energetic opposition, procured three years

reserve _with power to marry_, we must not congratulate ourselves too

much upon this victory, for the relative advantage the man finds in

irregularity of life, and the prospect of being again called out for

active service, will keep him in those injurious bonds which banish

family duties in the interests of the rights of profligacy.

As to the military man on active service, he must, on that account,

reject a poor girl who would gain an honourable livelihood by working;

if a marriage contract with her is signed, the minister of war

intervenes to punish the delinquent and the notary guilty of this

(so-considered) discreditable transaction.[46] The same prohibition is

enforced by the commanders of the army against making reparation for a

wrong to a seduced woman who might not have any marriage portion

whatever; consequently, according to the reports of the societies of St.

Vincent de Paul and François Régis, the formal opposition of superiors

to the legitimation of soldiers’ natural children.

It is impossible to estimate the lax morality which results from this.

Independently of the scandals caused by particular leading military men,

it has been noticed that illegitimate births increase, in towns, in

direct proportion to the presence and increase of garrisons, which have

also carried prostitution into out-townships till then preserved from

this pest.

Of this, an opinion may be formed from the fact that our soldiers defile

themselves to the extent of maintaining a third of the common

prostitutes; that uniform which should only be met with on the field of

honour, even serves to enable soldiers to obtain a reduction of one half

the payment in brothels. It is incredible how far the license of knights

who wear the colours of the famous women of our streets extends; their

_military honour_ is the negation of the virtues which make the good

citizen.

Idleness, provocations, contests with non-military power, drunken and

degrading brawls, in which the name of _father of a family_ is thrown in

the teeth of the moral soldier by way of insult,—such is the life of a

great number of troopers who have never been in action. Base

gratifications have so perverted their moral sense, that brothers carry

off from sisters who have not enough to live upon, the fruit of their

earnings; insensible even to the distress of indigent parents, they

frequently spend their pay in a few days’ orgie. These are the veterans

who, adopting the manners of courtesans, spend their time, as _they_ do,

in tightening their waists, arranging their hair, and loading themselves

with perfumes. An automaton-like precision and instincts of _slaughter_,

will be powerful enough, nevertheless, to make them deserve the

distinctions to which the terms _country_ and _honour_ are attached.

The license and brutality of the soldiery in reference to women, the

distorted gallant attentions, the unhappy complicity of the commanders

in breaches of morals, become incomprehensible if they are contrasted

with the rigid discipline which sometimes punishes with death the least

rebellion against a superior, and condemns to loss of rank, to long

years of confinement, the theft of a pair of officer’s gloves. Just

minds are expressing the opinion that France will only escape ruin by a

more healthy recognition of social obligations, which may cause her, at

length, to understand that the honour of the woman of the masses, the

future of her children, the personal dignity of the man, should have

more value in the eye of the military code than a pair of officer’s

gloves, or than the demands of shop-keepers.

In the face of promises violated, of prospects blighted, the garrison

nevertheless goes away, insulting occasionally with a cruel irony, the

tears of mothers, and the lamentations of families. The commanders,

faithful to the laws of French honour, have caused the tobacco and drink

supplied by too confiding hands to be respected. This kind of integrity

satisfied, the bugle sounds, the trumpets re-echo, the drum beats, the

ensign is unfurled, France marches to glory, advancing in her onward

path over the bodies of children and women sacrificed by our soldiers.

These profligate habits, hawked from town to town by our garrisons,

appear especially lamentable in small localities. Uproarious orgies

which, from morning to evening, sadden the passer by, issue from

public-houses termed officers’ “cafés.”

There, men who wish for nothing in life beyond sensual gratifications,

spend their entire day, glass or billiard cue in hand, cigar in mouth,

and make themselves conspicuous by the brutality of their manners. One

understands that, with these notions of morals, our courts-martial

sometimes treat rape as a pastime, hardly within the jurisdiction of the

police-court, if they do not give it triumphant acquittal, and that

their verdicts often condemn to a few days’ imprisonment, public

outrages on modesty. To give an idea of the spirit of this legislation,

I shall make reference to the case of Léandri.[47] That officer was

brought before a military tribunal, under the law for preventing rape. A

large body of soldiers escorted him with a defiant and threatening

attitude that had the air of setting justice and morality at nought.

Léandri’s counsel went so far as to make his frequenting the “quartier

Bréda” meritorious in him: “_He has mistresses_,” said he, “_is not that

the common practice?_”

The imperial commissioner interfered, in his turn, to reproach the

accused for having dressed himself in the character of a Joseph. Why was

he ashamed to acknowledge that he was a jovial pleasure-seeker? He could

not be blamed for that. The acquittal of this valiant defender of France

permitted him to protect us by his good morals, until the theft of a

cash-box caused him to be sentenced. His wrong was not having been rich

enough to pay for his mistresses with his small coin, otherwise he would

be still a brave fellow, resembling many others, for the army reckons

thousands of men of honour of this description, whose particular talent

is the theft of women and not of cash-boxes. Certain courts-martial

have, through it, even come to look upon rape as an extenuating

circumstance in a case of assassination. A Vincennes artillery-man was

convicted, on the inferences of doctor Tardieu, of having violated a

child of seven years with the most revolting atrocity, and then of

assassinating her with seventeen stabs of his poinard. Out of seven

judges of this monstrous occurrence, three voted for the acquittal of

the culprit, who escaped through having a minority favourable to

him.[48]

These rakes, returning again to their native district, after being

liberated, spread corruption even to our smallest villages, where they

constitute themselves instructors in vice for the young of both sexes.

Let not these plain-spoken truths, however, cause it to be thought that

I confound the real men of honour of our army with these numerous

supporters of taverns and brothels. Besides, I am not so much attacking

the persons as the institutions which are the causes of the evil, like

our peace-army, hateful in all its bearings; the negation of the moral

law, and, consequently, of civil order, which is order in the intellect

and not in the street. In order to raise a revolt against this state of

things, it should suffice to point out that it keeps no account of the

soldier’s respectability of morals, and even degrades from official

honour the courageous man who sets himself determinedly to practise

natural morality in despite of social.[49] For the rest, if this evil

should spread generally, it is the downfall of society; if it check

itself, the reaction will beat back the leaders who endure or exact it.

This investigation has shown us that prostitution does not bring

dishonour, among us, upon the man who is defiled by it, and does not

shut against him the road to any public appointment. We may be convinced

that, in France, these prerogatives have caused the principle of the

family to fall into the contempt in which that of property is in the

East.

Theft does not there disgrace public officials, because its immediate

advantages often triumph over a dilatory repression, uncertain, and

always ineffectual. If our criminals, our robbers, were sheltered from

the public vengeance, we should, in the same way, have to be resigned to

the evil of an unchecked brigandage.

Our social arrangements, therefore, by going against nature, in the

physical, intellectual, and moral consequences she attaches to crime,

offers to the vicious man the advantages of a robber who, sure of

impunity, should see patrols watching over his safe-keeping, and racking

their brains to perfect the instruments he wants for his midnight

burglaries. Moreover, they have taken away every security from the

victims of the wrong, in order to extend them to its promoters. Hence

results the extent of the canker which is gnawing us; we have to endure

even vanity of vices become fashionable, against which nothing can

defend us, whilst we ought to be armed against the unpunished evil-doer.

Prostitution, apart from marriage, has brought contagion to marriage

itself. Take away from it the mercenary character of the contract, and

none of these men will clog themselves with a permanent tie. Meanwhile,

as they have one foot in respectable and the other in doubtful society,

they have established the link of connection between the two

hemispheres, and exact that their wives should adopt the courtesan’s

manners, or make the courtesan adopt them by the imitation of theirs.

But still the progress is not fully realised; for, if the so-called

respectable man must obtain his civilian education in the haunts of

profligacy, these haunts cannot be any longer closed to our modest

girls, and we ought to think it as moral to admit into respectable

society the daughters, sisters, wives and mothers, who go to the public

thoroughfare to get lovers, as the sons, brothers, husbands and fathers

who go there to get fresh mistresses. If we shudder at these logical

consequences, they may, at least, teach us where we are in respect to

them from the stand-point of law, natural morality and justice, for

conjugal union is only possible where there exists, in those united,

conformity of education and morals.

Society, like the family, finds itself afflicted by this profligacy,

which, in relation to marriage, further destroys the proportionate

balance of the births of each sex. It takes for granted a hundred, and

even a thousand times, more male than female debauchees, and corresponds

to an equal number of modest girls who are living in discomfort or

poverty, since wherever a hundred men can run after one woman for the

purpose of prostitution, it follows that a hundred women ought to run

after one man for the purpose of marrying him.

When the evil has reached these proportions, the fall of the arts and

literature follows the corruption of morals. This is the cause of those

debased talents, those obscenities which bring discredit upon art, and

which, instead of the severely chaste creations of the Poussins and the

Lesueurs, present for our contemplation the orgies of artistes falling,

when overcome by drunkenness, into the courtesan’s arms; the impurities

displayed in our monuments, in our public squares, is the result of a

like cause.

In literature, the corruption of particular authors inspiring their

writings, keeps them floating by the motive power of their unchaste

wishes; and we should not, I imagine, look for noble creations from

these young authorlings who, not blushing to sell themselves to old

mistresses, by whom they are paid, desert them as soon as they meet with

the favours of another who pays them better. Their code of morals must

be that of the contemporaries of Plautus, claiming that rich women

should choose their lovers, but that poor ones must love the man rich

enough to buy them. This absence of true and deep seated feelings, this

mercenary species of love, gives birth to a mass of scribblers without

principles—of would-be poets of the affections, who, being neither poets

nor in love, prostitute their pen to every subject, as they do their

person to every harlot.

What shall we expect, moreover, from the art of observation? Why should

our numerous “Messieurs aux camélias” after what they call their term of

youthful folly, and when they have become faithful husbands, tender

fathers, upholders by conviction of the family institution, become

indignant at seeing an abandoned woman attain to their own nobleness of

sentiment? Why should not the stage have the right to exhibit for us

these fellows, just liberated from college restraint, who get up

_women’s parties_? Why should it spare those far-seeing fathers, who

take as much pains to procure modest mistresses for their sons as to buy

them pure-bred horses? Art and literature, let it not be forgotten, are

the reflections of the state of society; let not sweet-smelling odours

be looked for from an atmosphere loaded with infection.

Let us no longer behave as insensates, who, after breaking a mirror that

shows them uglier than they are, credit themselves with as many more

attractions as they see fewer. The theatre, which is the mirror of our

manners, ought even to go so far as to produce, on the stage, the

courtesan in person, and to have her applauded in those “tableaux

vivants” of which she is the heroine.

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