Love, such as we have defined it, needs duration and equality; duration,

because we do not become modified in a few months; because we do not

accomplish great works in a few months; because we do not rear children

in a few months; duration is so truly an aspiration of love, that it

imagines that eternity will hardly suffice for it. It must have equality;

division is hateful to it; it will therefore have a unit for a unit, both

male and female. Now polygamy and polyandria are the negation of

equality, of dignity in love.

Let us consider the effects of these two deviations of instinct.

Oriental polygamy renders human beings profoundly unequal, transforms

women into cattle, mutilates thousands of men to guard the harems,

depraves the possessor of women by despotism and cruelty, concentrates

all his vitality upon a single instinct at the expense of intellect,

reason and activity; whence it follows that he is lost to science, art,

industry, society according to right: that he submits without repugnance

to despotism, and passively extends his neck to the halter. There, no

influence is wielded by woman, who is subjected to designed enervation,

who is depraved in as hideous a manner as the eunuch, her keeper. Thus,

inequality in love and in right, abandonment of art, science and

industry, intellectual and physical enervation, debasement of the moral

sense--such are vices inherent to the polygamy of the East. You see that

this is far from the ideal of our destinies.

In our West, polygamy _de facto_ produces the cattle of the brothel,

legions of courtesans who ruin families. As many of these women are

diseased, they infect those who associate with them with fearful maladies

which undermine their constitutions, and thus pave the way for puny

offspring, consequently, for weak minds and feeble intellects. I appeal

for proof to the conscription; never were so many exemptions seen as now

on account of under size, although the standard has been lowered, never

were so many exemptions seen as now for constitutional imperfections and

acquired disease.

To vitiate the generation in its germ is not the only crime of our

polygamy; it enervates those who practice it, for nothing leads to

excess, consequently to enervation, so much as the change of relations.

On the other hand, our polygamists become transformed into machines of

sensation; then intellect grows weak; they become stupid and selfish.

Look at the pitiable young men of the present time, emaciated by their

vices and by those of their sires; scoffers, faithless, jesting at the

most sacred things, despising, not only the corrupt women, their worthy

companions, but also the whole sex to which their mothers belong; look at

them; so gross as to sicken the observer, nothing longer commands their

respect; they thrust aside gray haired women from the sidewalk into the

gutter; they are impertinent to old men; they put young girls to the

blush with their cynical speeches; polygamy has rendered them ignoble,

and has destroyed our native urbanity as well as all dignity.

They will tell you that women are but little better than they. But this

result becomes inevitable in a country in which women are not kept in

seclusion. Polyandria becomes the necessary companion of polygamy; for

since men consider themselves at liberty to have more than one woman, why

should women consider themselves forbidden to have more than one man?

Finally, my son, the results of irrepressible love, Polygamy and

Polyandria in our Western country are:

The seduction and corruption of women;

Adultery, debasement of character; the moral and intellectual enfeebling

of both sexes;

The enervation and degeneracy of the race;

Falsehood, deceit, cruelty, injustice of every kind, the use of woman by

man for her beauty, that of man by woman for his money or position;

The dissolution and ruin of the family;

Several thousand illegitimate children annually, without counting

abortions;

Such is the value of these theories put in practice.

Is this in conformity with our ideal of human love? Is it in conformity

with our ideal of human destiny, which requires that we shall progress

and cause others to progress in good; that we shall practice Justice and

Goodness?

A word more, and we have done.

When Rome had ceased to believe in chastity, in the sacredness of oaths;

when she wallowed in polygamic and polyandric customs; when she took

pleasure for her end, tyranny appeared. Nothing was more natural: man

binds captive those only who have first suffered themselves to be bound

under the yoke of bestial instinct: he who knows how to govern himself

does not yield obedience to man; he bows only before the law when it is

the expression of Reason.

Remember, my son, that we are powerful only through chastity; only thus

can we produce great works in science, art and industry; only thus can we

practice Justice, be worthy of liberty. Outside of chastity, there is

nothing but degradation, injustice, impotence, slavery; and every nation

that forsakes it falls from the arms of despotism into the grave.

Do not suffer yourself therefore to be moved by modern sophisms, have

always before your thoughts your obligations as a moral and a free being,

your duties as a member of humanity; subject all that is within you to

Reason, to Justice, to the sentiment of your dignity, and live like a

man, not like a brute.

MARRIAGE, A DIALOGUE.

READER. We are about to speak of Marriage from the stand point of the

modern ideal--how do you define it?

AUTHOR. Love, sanctioned by Society.

READER. Do you consider Marriage as indissoluble?

AUTHOR. Before the law, I do not; but at the moment of their union, the

spouses should have full confidence that the bond will never be

dissolved.

I believe that Marriage becomes indissoluble by the will alone of the

spouses; that it can be so only in this manner.

READER. What part do you assign to Society in Marriage?

AUTHOR. You shall fix it yourself after recalling our principles.

If man and woman are free beings at any period of their life, they cannot

_legally and validly_ lose their liberty.

If man and woman are beings socially equal in any of their relations, the

one cannot _legally, validly_ be subordinated to the other.

If the continual end of the human being is to become perfected through

liberty, and to seek happiness, no law can legitimately, _validly_ turn

him aside from its pursuit.

If the end of society should be to render individuals _equal_ it cannot,

under penalty of forfeiting its mission, constitute inequality of persons

and of rights.

If Society cannot without iniquity enter the domain of individual

liberty, it cannot _lawfully, validly_ prescribe duties that pertain only

to the jurisdiction of the conscience, and annul moral liberty.

Now draw your conclusions.

READER. From these principles, it follows that man and woman should

remain free and equal in Marriage; that Society has no right to intervene

in their association except to render them equal; that it has no right to

prescribe to them duties which proceed only from love, nor consequently

to punish their violation, that it cannot in principle grant or refuse

divorce, because it belongs to the husband and wife alone to know whether

it is useful for their happiness and progress to be separated from each

other.

AUTHOR. Your conclusions are right, but if Society has no right over the

body or the soul of the husband and wife in their capacity of spouses, if

it cannot without abuse of power interfere in any of their intimate

relations, it is its right and duty to intervene in Marriage as regards

interests and children.

READER. In fact, in the union of the sexes, there is not merely an

association of two free and equal persons, but also a partnership of

capital and labor; then, from the marriage, children are born for whose

education, occupation and subsistence it is necessary to provide.

AUTHOR. Now, the general protection of material interests and of the

rising generation devolves of right upon Society. In the sight of the

law, the husband and wife ought to be regarded only as partners, engaging

to employ a certain share of capital, together with their labor, for a

definite purpose. Society takes note only of a contract of interests, the

execution of which it guarantees like that of any other contract, and the

breach of which it makes public, should it take place by the wish of the

parties interested. On the other hand, the education of the rising

generation is a question of life and death to Society. The children being

free with respect to development, and liable to be useful or injurious to

their fellow citizens according to the training which they have received,

society has a right to watch over them, to secure their material support,

their moral future, to fix the age of marriage, to entrust the children

to the more deserving parent in case of separation, and if both are

unworthy, to take them away entirely.

READER. Do you not go a little too far; on the one hand, do not children

belong to their parents, on the other, may not Society err with respect

to the choice of the principles to be instilled in them?

AUTHOR. Children do not belong to their parents because they are not

THINGS: to those who obstinately persist in believing them _property_, we

say that Society has the right of dispossession for the public good. Then

the social right over children is limited so far as principles are

concerned to those of morality. Society has no right over religious

beliefs which belong to the domain of spiritual jurisdiction. The power

that should take away children from their parents because they were not

of a certain religious faith would be guilty of despotism, and would

merit universal execration. If you say that Society has no right to

impose a dogma upon children, you speak truly; but I cannot conceive how

you can entertain the thought of forbidding it the right to teach them,

even against the will of their parents, enlightening science, purifying

morality. Is it not the duty of society to secure the progress of its

members, and can any one have a right to keep a human being in ignorance

and evil?

READER. You are right, and I condemn myself. Let us return to Marriage. I

see with pleasure that you differ in opinion from a number of modern

innovators who deny the lawfulness of social interference in the union of

the sexes.

AUTHOR. If the union were without protection, who would suffer by it? Not

men, but rather women and children.

No one can compel a man to live with a woman whom he has ceased to love;

but he must be constrained to fulfill his duties with respect to the

children born of this union, and to keep his business engagements: in

wronging his companion and escaping from the burdens of paternity, he

takes advantage of his liberty to the detriment of others: Society has a

right to prevent this.

READER. So you do not grant to Society the right of binding souls or

bodies; but that of guaranteeing the contract of Marriage, and the

obligations of the spouses towards their future children; of forcing

them, in case of separation, to fulfill this last obligation?

AUTHOR. Yes; thus in case of the rupture of the marriage tie, society has

only to state publicly the responsibilities of the spouses, the number of

children, and the name of the parent on whom their guardianship devolves,

either by mutual consent or by social authority. And in confining itself

to this part, Society would do more to prevent the separation of married

couples than by all that it has hitherto foolishly invented for the

purpose. The parties would be free to marry again; but what woman would

be willing to unite herself to a man who was burdened with several

children, or who had treated his first companion unkindly? What man would

consent to wed a woman in the same position?

Do you not think that the difficulty that would be experienced in

contracting a new marriage would be a curb on the inconstancy and bad

conduct that lead to a rupture?

READER. I believe indeed that marriage, as you understand it, would have

more chances of duration than ours: first, because it is our nature to

cling most closely to that which we may lose. I have often asked myself

why many men remain faithful to their mistresses and treat them kindly,

while they are disrespectful and unfaithful to their wives; I have asked

myself also why many couples who had long lived happily together when

voluntarily united, were unhappy and often driven to a legal separation

when they had finally married; and the only reason that I have been able

to find is that we set the most value on that which we know may escape

us. Man has more respect for a woman who is not his legal property, his

inferior, than for her who is thus transformed by the law.

Notwithstanding, it must be acknowledged that your ideas appear

eccentric.

AUTHOR. Yet they are nothing more than an application of our laws;

indeed, do they not decree that covenants can have _things_ only, not

_persons_ for their object. That Society _does not recognize vows_, and

that proceedings cannot be instituted against their violation?

Now the existing law of marriage _alienates_ one of the partners in favor

of the other; the wife _belongs_ to the husband; she is in his _power_.

What is such a contract, if not the violation of the principle which

affirms that no covenant can be made involving persons? can it be more

lawful to alienate one's person by a contract of slavery?

Some say that we are at liberty to dispose of our freedom as we choose,

even though it be to renounce it. Indeed, we may do this, as we may

commit suicide, but to make use of our liberty to renounce it or to

commit suicide is much less to use aright than to violate the laws of

moral or physical nature; these are acts of insanity which we should

pity, but which we are not at liberty to erect into a law.

Why does Society refuse to recognize vows and to punish their violation,

if not because it admits that it is forbidden to penetrate into the

jurisdiction of the conscience? if not because it does not admit that an

individual may alienate his moral and intellectual being any more than

his body, and devote himself to immobility when it is his duty, on the

contrary, to go forward?

I ask then if this same Society is not inconsistent in exacting perpetual

vows from the husband and wife, in exacting from the wife a vow of

obedience, a tacit vow to deliver up her person to the desires of the

husband?

Is not the moral liberty of the spouses as worthy of respect as that of

nuns, priests and monks?

Have married persons more right in Nature and Reason, to alienate their

moral and intellectual being, their liberty and their person than the

celibates of the Church?

Another inconsistency of the law is that it declares Marriage an

association; the contract of Marriage is therefore a contract of

partnership. Now I ask whether, in a single contract of this kind, it is

enjoined by law on one of the partners to _obey_, to be subjected to a

_perpetual minority_, to be _absorbed_?

I doubt not that the law would declare such a contract between

independent partners void; why then does it legalize such a monstrosity

in the partnership of husband and wife? It is a relic of barbarism, as

you will see if you reflect on it.

READER. I hope that, through reason and necessity, the law will be

reformed sooner or later: but a reformation which will not take place is

that of the forms of religious marriage, which prescribe to the spouses

the same oaths as the code, and like it, subject the wife to the husband.

AUTHOR. Well, what matters it to us, since, thanks to liberty, the

religious marriage is merely a benediction with which we can dispense.

Those who have a disposition to go to the Church, the Temple, or the

Synagogue should have full liberty to receive the blessing of their

respective priests! this does not concern Society. What we need is that,

if afterward their vows should not seem to them binding, social authority

should not make them obligatory; they have a right to be absurd, but

society has no right to impose absurdity on them. Its duty is, on the

contrary, to enlighten them, and to render them free.

IV.

READER. Those who subordinate woman in marriage rest on the assertion

that unity of direction, consequently a ruling power, is needed in the

family; now, your theory evidently destroys this ruling power.

AUTHOR. What is the ruling power? Practically, it is manifested through

the function of government. Formerly, it was based upon two principles,

now recognized as radically false: _Divine right_ and _inequality_. It

was the _right_ of those who exercised it to call themselves kings,

autocrats, priests, men; it was the _duty_ therefore of the people, the

church, woman to obey the elect of God, their superiors by the grace of

right delegated from on high.

But in modern opinion, the ruling power is nothing more than a function

delegated by the parties interested in order to execute their will.

It is not our business to inquire here whether this modern interpretation

has become incarnated in facts; whether the old principle is not still

struggling with the new; whether the holders of political and familial

authority are not still making insane pretensions to divine right; we

have only to show what the notion of the ruling power has become in the

present state of thought and feeling.

What will be the ruling power in marriage, in accordance with modern

opinion, if not the delegation by one spouse to the other of the

management of business and of the family--a delegation of function; no

longer a right?

And if man and woman are socially equal in principle, if the aptitudes,

upon which all functions are based, are not dependent on sex, by what

right does society interfere to give the authority either to the husband

or the wife?

If there is need of a ruling power in the household, are not the parties

themselves best capable of bestowing it on the one who can best and most

usefully exercise it?

But among partners, is there really room for a ruling power? No, there is

room only for division of labor, mutual understanding with respect to

common interests. To consult each other, to come to an agreement, to

divide the tasks, to remain master each of his own department; this is

what the spouses should do, and what they do in general.

The law has so little part in our customs that to-day things happen in

this wise: many rich women translate two articles of the Code as follows;

_the husband shall obey his wife, and shall follow her wherever she sees

fit to dwell or sojourn_. And the husbands obey, because it would not do

to offend a wife with a large dowry; because it would make a scandal to

thwart their wife; because they need her, being unable, without

dishonoring themselves, to keep a mistress.

Husbands in the great centres of population escape obedience through love

outside of marriage; they lay no restrictions on their part; Madame is

free.

Among the working classes of the citizens and the people, it is

practically admitted that neither shall command, and that the husband

shall do nothing without consulting his wife and obtaining her consent.

In all classes, if any husband is simple enough to take his pretended

right in earnest, he is cited as a bad man, an intolerable despot whom

his wife may hate and deceive with a safe conscience; and it is a curious

fact that the greater part of the legal separations are for no other

cause at the bottom than the exercise of the rights and prerogatives

conceded to the husbands by law.

I ask you now, what is the use of maintaining against reason and custom,

an authority which does not exist, or which is transferred to the spouse

condemned to subjection.

READER. On this point, I am wholly of your opinion; not a single woman of

modern times takes the rights of her husband in earnest. But your theory

not only attacks his authority; it also wages war against the

indissolubility of marriage, which it is affirmed, is necessary to the

dignity of this tie; to the happiness and future of the children, to the

morality of the family.

AUTHOR. I claim, on the contrary, that my theory secures, as far as is

humanly possible, the perpetuity and purity of marriage. At present, when

the knot is tied, the spouses, no longer fearing to lose each other, find

in the absence of this fear the germ of a mutual coolness; they may

quarrel, be discourteous or unfaithful to each other; there will be

scandal, a legal separation perhaps, but they are riveted together; they

can never become strangers. Contrast with this picture a household in

which the bond is dissoluble; all is changed; the despotic or brutal

husband represses his evil propensities, because he knows that his

companion, whom after all he loves, would quit him and transfer to

another the attentions she lavishes on him; and that no honest woman

would be willing to take her place.

The husband disposed to be unfaithful would continue in the path of duty,

because his abandonment and offences would alienate his wife, blast his

reputation, and prevent him from forming an honorable alliance.

The worn out profligate would no longer espouse the dowry of a young

girl, because he would know that, promptly disenchanted, the young wife,

instead of having recourse to adultery, would break the ill assorted

union.

The woman who should take advantage of her dowry, of the necessity of her

husband to remain faithful, to tyrannise over him, would fear a divorce

which would throw the blame on her and condemn her to a life of solitude.

A shrewish wife would no longer dare to inflict suffering on her husband,

or a coquette to deceive or torment him; who would marry them after a

separation?

Do you not see that free marriages are happier and more lasting than any

others?

Have you not yourself admitted that to separate the parties in these

unions, it often suffices to join them legally?

I know myself of a voluntary union that was very happy during

_twenty-two_ years, and was dissolved by separation at the end of three

years of legal marriage; I have known of many others of a shorter

duration which legality contributed to dissolve instead of rendering

eternal.

You would hardly believe how many married couples reformed in their

treatment of each other in 1848, when they feared that the law of divorce

might be accepted. If the simple expedient of divorce has power to

produce good results, what may not be expected from a rational law.

We need only to reflect in order to comprehend that voluntary

dissolubility, without social intervention, would render unions better

assorted, for it would be for one's interest, for his own reputation, to

enter into them only with the moral conviction of being able to preserve

them; then only would no excuse be found for infidelity; loyalty would

make part of the relations of the spouses. The law of perpetuity has

perverted everything, corrupted everything; on the side of the woman, it

favors, yes, necessitates stratagem; on the side of the man, it favors

brutality and despotism; it provokes on both sides adultery, poisoning

and assassination; and leads to those separations which are daily

increasing in number, and which, by giving the lie to the indissolubility

of marriage, place the partners in a painful and perilous situation, and

bring in their train a host of irregularities.

In fact, if the spouses are separated while young, concubinage is their

refuge. The man in this false position finds many to excuse him; but the

woman is forced to conceal herself, to tremble at the thought of a

pregnancy and to make it disappear. Legal separation leads the spouses

not only to concubinage, to mutual hatred, but causes the birth of

thousands of children whose future is compromised, destroyed by the fact

of their illegitimacy. Let the spouses be free in accordance with their

right, and all will fall into its proper order, for all will be done

openly and truly.

READER. But the future of the children?

AUTHOR. The morality of the children is better insured under the system

of liberty than under that of indissolubility, for they will not be

witnesses for years of the bitter contention and licentiousness which now

render them deceitful and vicious, and inspire them with contempt or

hatred for one of the authors of their being, sometimes of both, when

they do not take them for models; if life in common becomes impossible to

the parents, which will be more rare under the law of liberty, the

children will not be subjected to the power of those who violate the law

of received morality; they may see these parents contract a new alliance

_as now_, but this alliance will be honored by all.

From these unions children may be born _as now_, but these children,

instead of being cast into the hospital, will share with the first the

affection and inheritance of their father or mother. The so-styled

legitimate children will lose in fortune, it is true; but they will gain

in good examples; many children who are now in the category of the

illegitimate will be ranked among the former, and will be no longer

condemned by desertion to die young, or else to grovel in ignorance, vice

and misery; to see their brow branded with the fault of their parents as

of their own by a host of imbeciles and men without heart, who have no

other guarantee for what they call their legitimacy than the presumption

accorded them by the law.

III.

READER. It will be long yet, perhaps, before collective Reason

comprehends liberty in the union of the sexes as you do, and men will

ascribe to themselves the right not only of binding the interests, but

the souls and bodies of the spouses.

AUTHOR. As far as we can foresee, Society must necessarily? pass through

two stages to realize our opinion; it must first grant divorce _for a

declared cause_; later it will grant divorce decreed in private on the

petition of one or both of the spouses. We will not take up this last

form of the rupture of the conjugal tie, but that which is nearest

us--divorce for a declared cause.

What are the reasons which you would consider valid for a petition for

divorce?

READER. First, those which now give rise to separation from bed and

board: adultery of the wife, cruelty, grave abuses, condemnation of one

of the spouses to punishment affecting the liberty or person, the

fraudulent management of the property by the husband; next, infidelity of

the husband, qualified adultery, incompatibility of temper, notable

vices, such as drunkenness, gaming, etc.

AUTHOR. Very well; these causes suffice.

READER. During the proceedings for divorce, the wife should be as free as

the husband. The child that should be born to her after more than ten

months' separation should be reputed natural, even though the divorce had

not been pronounced; and should bear her name and inherit from her like

one of her legitimate children.

AUTHOR. Who should take custody of the children and the property during

the proceedings?

READER. The court should decide who should have the care of the children,

in accordance with the causes for the petition for divorce and the

testimony of the parents, friends and neighbors.

AUTHOR. But if the spouses ask to be divorced only on account of

incompatibility of temper, and are both honorable?

READER. They should be requested to agree mutually either to share the

children, or to entrust them to one of the two, or to give the younger

children to the mother, leaving the sons over fifteen to the father. The

court, besides, should appoint from the family of the mother, a guardian

to watch over the conduct of the father towards the children left in his

care; and from the family of the father, a similar guardian to the mother

and the children remaining with her. This guardianship, which should be

strictly moral, should continue till the children had attained majority.

AUTHOR. And in case the parents should be alike unworthy?

READER. In such a case, which would seldom happen, the judge, in behalf

of society, should deprive them of the custody of the children, and

entrust it to a member of the family of one of the parents, appointing a

guardian to watch over his conduct and protect the interests of his ward

from the family of the other.

AUTHOR. Very well; I see with pleasure that you are cured of the

erroneous belief that the children _belong_ to the parents, and that you

comprehend the high function of society as the protector of minors.

During the suit for divorce, who shall have the control of the property?

READER. If the contract has been made under the system of separation of

property, and for paraphernalia, there is no need of putting the

question; each one will manage his own.

But I am somewhat puzzled how to answer you in case of communion of

goods, or in case the capital is embarked in a common business, carried

on solely by one of the parties. The present law does not seem to me

sufficiently to protect the interests of the wife in case of separation.

AUTHOR. Without entangling ourselves in a host of individual cases which

modify or contradict each other, let us provide that in case of communion

of goods, the administration of the property shall be taken from the

spouse holding it if the petition for divorce be based on his bad

management, his dissipated habits, or his condemnation to a penalty

affecting his liberty or person; that in all other cases, he shall make

an inventory of the property and the condition of the business; and a

person shall be appointed from the family of the spouse excluded from the

management to watch over the conduct of the spouse to whom it is

entrusted, who shall be bound to pay alimony to the other until the

divorce shall be decreed.

READER. And if there is no fortune?

AUTHOR. Until the spouses become strangers, they owe assistance to each

other: the court should therefore require the spouse that earns the more

to aid the other.

READER. How long a time should elapse between the admission of the

petition and the judgment of divorce?

AUTHOR. A year, in order that the parties may have time for reflection.

READER. The divorce being granted, and the ex-partners restored to

liberty, would you permit them to marry others?

AUTHOR. Most assuredly; else what signifies our arguments against

separation?

READER. What! the adulterous and brutal spouse, he who has inflicted

suffering on his partner, who has been wholly in the wrong, should enjoy

like the other the privilege of marrying again? I confess that this

shocks me.

AUTHOR. Because you are not sufficiently imbued with the doctrines of

liberty and the sentiment of right. Marriage is the natural right of

every adult; society has no right therefore to prohibit it or to make it

a privilege; on the other hand, in every divorce, there is wrong or the

lack of something on either side with respect to the other; the man or

woman who commits adultery may be a model of fidelity to a partner

better suited to his or her temperament and disposition; he who has been

brutal and violent may be wholly different with a wife possessing a

different character; in short, we repeat, to prohibit marriage is to

permit libertinism, and it is not the interest of society to pervert

itself. Both partners therefore should have a right to marry, but the law

should take care that all should be informed of the burdens resting upon

them by reason of their first marriage, and know that they are divorced.

Consequently, society has a right to publish the bill of divorce, and to

require that the parties divorced should provide for the necessities of

their minor children, and that the bill of divorce, joined to the one

setting forth this obligation, should accompany the publication of the

bans of a new marriage; in this, there is neither injustice nor abuse of

power; for each one will submit to the consequence of what he has done in

perfect freedom.

READER. And would you not fix the number of times that a divorced person

might re-marry?

AUTHOR. Why fix it? do you fix the number of times that a widow or

widower may marry again?

READER. But a libertine, a bad man might marry ten times, and thus render

ten women unhappy.

AUTHOR. What are you talking of! do you seriously believe that there

would be a woman insane enough to marry a man _nine times_ divorced, a

man obliged to accompany the publication of his bans with nine bills of

divorce, with nine judgements compelling him to pay so much yearly for

the support of seven, eight or nine children. Do you seriously believe

that a woman would consent to become the companion of such a man! This

man might indeed marry twice--but three times! do you think that it would

be possible?

READER. You are right, and on reflection, the measures which you advocate

appear perhaps severe.

AUTHOR. I know it; but our aim is not to favor divorces nor subsequent

unions; but, on the contrary, to prevent the former as far as possible by

the difficulties of forming the latter. Now for this it is not necessary

to restrict the liberty of the individual, but to render him responsible

for his acts, and to rivet the chain that he has forged for himself in

such a manner that he can neither cast it aside nor lay the burden of it

on others unless they are duly warned of it and consent thereto.

IV.

READER. Ought society to permit unions disproportioned in age? Is it not

to expose a woman to adultery, to marry her at seventeen or eighteen to a

man of thirty, forty or even fifty years of age? What harmony of

sentiments and views can exist at that time between the spouses? The wife

sees in her husband a sort of father, whom notwithstanding she can

neither love nor respect like a father, and she remains a minor all her

life.

AUTHOR. These unions are very prejudicial to woman and the race, and they

would be for the most part averted, if the law should fix the

marriageable age at twenty-four or twenty-five for both sexes. At

seventeen, we marry to be called Madame, and to wear a bridal dress and a

wreath of orange flowers; we certainly should not do this at twenty-five.

If the flower is not called on to form its fruit until it is fully

matured, neither should man and woman: now, in our climate the

organization of neither is complete until twenty-four or twenty-five.

Woman gives more to the great work of reproduction and wears out faster

in it; to render her liable to become a mother prematurely is therefore

to expose her to greater sufferings.

In the first place, she is forced to share between herself and her

offspring the elements necessary to her own nutrition, which weakens both

her and the child.

Her development is checked, her constitution is changed, she becomes

predisposed to uterine affections, and runs the risk of becoming an

invalid at the age when she ought to enjoy robust health.

The enervation of the body brings with it that of the mind: the woman

becomes nervous, irritable, and often capricious; she cannot nurse her

children; she will not be capable of rearing them properly, she will make

dolls of them, and will favor the development of faults which afterwards

becoming vices, will afflict the family and society.

This woman, a mother before her time, not only will never become the

thoughtful companion and counsellor of her husband who, being much older

than she, will amuse himself with her as with a child, but will be his

ward for her whole life, and will have recourse to artifice to have her

own way. Thus to weaken woman in every respect, to shorten her life, to

put her under guardianship, to prepare the way for puny and badly reared

offspring,--such are the most obvious results of her precocious marriage.

To hold women in voluntary subjection and to organize the harem among us,

we need only take advantage of the permission of the law authorising

their marriage at the age of fifteen.

That woman may not be in subjection; that she may be able to become a

mother without detriment to her health and under circumstances favorable

to the good organization of her children; that she may be a worthy and

earnest wife, prepared to fulfill all her duties, she must not be

married, I repeat, before twenty-four or twenty-five; and she must not

marry a man older than herself.

READER. But it is claimed that the husband ought to be ten years older

than the wife, because the latter grows old faster, and because it is

necessary that the husband should have had experience in life in order to

appreciate his wife and to render her happy.

AUTHOR. Errors and prejudices all. Woman grows old sooner than man only

through premature marriage and maternity; a well preserved man and woman

are alike old at the same age. But the woman consents to grow old while

the man is much less willing to do so, since he does not blush when gray

haired, to marry a young girl, and to set up the ridiculous pretention of

being loved by her for love. Men must be broken of the habit of believing

themselves perpetually at the age of pleasing; of imagining that they are

quite as agreeable to our eyes when they are old and ugly as if they were

Adonises. They must be told unceasingly that what is unbecoming in us is

equally so in them; and that an old woman would be no more ridiculous in

seeking the love of a young man, than an old man in pretending to that of

a young girl.

The husband and wife should be nearly of the same age; first, to treat

each other more easily as equals; next, because there will be more

harmony in their feelings and views, as well as in their temperaments,

all things very necessary to the organization of children.

It is necessary besides, in order that the woman may not be tempted to

infidelity; you know how many troubles arise from unions disproportioned

in age.

The husband must have _seen life_, it is said; this is the opinion of

those who permit their sons to _sow their wild oats_; who believe that

man is at liberty to wallow in the mire of dens of infamy, and that there

are two kinds of morality. We do not belong to this class. You would not

give your daughter to a man who had _seen life_, because he would be

_blasé_, because he would pervert her or expose her, through the

disenchantment that would follow, to seek in another what she did not

find in her husband.

What we have said as regards your daughter applies also to your son; he

must not marry a woman younger than himself; for you would no more desire

a disadvantageous position for your daughter-in-law than for your

daughter; both are dear to you and worthy of respect before the

solidarity of sex.

READER. I shall educate my son to comprehend that the form of marriage

prescribed by the Code is merely a relic of barbarism, that his wife owes

obedience only to Duty, that she is a free being and his equal; and that

he has no rights over her person but those which she herself accords to

him. I shall tell him that love is a tender plant which must be tended

carefully to keep it alive; that it is blighted by unceremoniousness and

slovenliness; that he should therefore be as careful of his personal

appearance after marriage as he was to be pleasing to the eyes of his

betrothed. I shall say to him: ask nothing except from the love of your

wife; remember that more than one husband has excited repulsion by the

brutality of the wedding night. Marriage, my son, is a grave and holy

thing; purity is its choicest jewel; know that many men have owed the

adultery of their wife to the deplorable pains that they have taken to

deprave her imagination. Far from using your influence over her who will

be the half of yourself in order to render her docile to your wishes, and

to make her your echo, develop reason and character in her; in elevating

her, you will become better, and will prepare for yourself a counsel and

stay. I have married you under the system of separation of goods in order

that your wife may be protected against you, should you depart from your

principles; and should you ever grieve me by straying from them, your

wife will became doubly my daughter. I shall be her companion and

consoler, and shall close my arms and my doors on you.

AUTHOR. Right, and you will do well to add: interest your wife in your

occupation; take care that she is always busy, for labor is the preserver

of chastity.

READER. To my daughter I will say: the social order in which we live

requires, my child, that you shall superintend your house; the state of

Society is still far distant in which our sex will be relieved from this

function. Do not forget that the prosperity of the family depends on the

spirit of order and economy of the wife. What your fortune or special

business exempts you from executing, superintend and direct. Extravagance

of dress and furniture now surpasses all bounds. Luxury is not wrong in

itself, but in the existing state of things, it is a great relative evil,

for we have not yet resolved the problem of increasing and varying

products without at the same time increasing the wretchedness and

debasement of their producers. Be simple therefore: this does not exclude

elegance, but only those piles of silks and laces which trail in the dust

of the streets, those diamonds and precious stones which make the fortune

of the few at the expense of the morality of the many, and which are only

dead capital, the liberation of which would be productive of great good.

Do not suffer yourself to be ensnared by the sophism that honest women

must adorn themselves to hinder men from passing their time with

courtesans. Would you not be ashamed to compete in dress with women whom

you do not esteem, and would the man who could be retained by such means

be worth the trouble?

I have instructed you in your legal position as wife, mother and property

holder; I marry you under the system of separation of goods in order to

spare your husband the temptation of regarding himself as your master; in

order that he may be obliged to take your advice and to look upon you as

his partner. Despite these precautions, you will be a minor, since the

law thus decrees. But our law is not Reason: never forget that you are a

human being; that is, a being endowed like your husband with intellect,

sentiments, free will, and inclination; that you owe submission only to

Reason and your conscience; that if it is your duty to make sacrifices to

the peace in little things, and to tolerate the faults of your husband as

he should tolerate yours, it is none the less your duty resolutely to

resist a brutal--_I will have it so_.

You will be a mother, I hope; nurse your children yourself, rear them in

the principles of Right and Duty which I have instilled into your

intellect and heart, in order to make of them, not only just, good,

chaste men and women, but laborers in the great work of Progress.

You understand the great destiny of our species; you understand your

rights and duties; I need not therefore repeat to you that woman is no

more made for man than man for woman; that consequently woman cannot,

without failing in her duty, become lost and absorbed in man; for with

him, she should love her children, her country, humanity; she owes more

to her children than she does to him; and if forced to choose between

family interests and generous sentiments of a higher order woman should

no more hesitate than should man to sacrifice the former to justice.

AUTHOR. It will be said that you instruct your daughter in a very manly

way.

READER. Since in our days men play the mandolin, is it not necessary that

women should speak seriously? Since men, in the name of their naïve

selfishness, claim the right to confiscate woman to their use, to extol

to her the charms of the gyneceum, to suppress her rights, and to preach

to her the sweets of absorption, must not women re-act against these

soporific doctrines, and recall their daughters to the sentiment of

dignity and individuality.

AUTHOR. I endorse you with all my heart!

Now that we are nearly agreed on all points, we have only to sum up what

we have said, and to give an outline of the principal reforms necessary

to be wrought in order that woman my be placed in a position more in

conformity with Right and Justice.

SUMMARY OF PROPOSED REFORMS.

I.

AUTHOR. Identity of right being based on identity of species, and woman

being of the same species as man, what ought she to be before civil

dignity, in the employment of her activity and in marriage?

READER. The equal of man.

AUTHOR. How will she become the equal of man in civil dignity?

READER. When she shall hold a place on the jury and by the side of all

civil functionaries; shall be a member of boards of trade and mercantile

associations; and shall be a witness in all cases in which the testimony

of man is required.

AUTHOR. Why ought the testimony of woman to be admitted in all cases in

which that of man is required?

READER. Because woman is as credible as man; because she is, like him, a

civil personage.

AUTHOR. Why ought woman to have a place on the jury?

READER. Because the Code declaring her the equal of man as regards

culpability, misdemeanor, crime and punishment, she is thus declared

capable like him of comprehending wrong in others;

Because the jury being a guarantee for the male culprit, the female

culprit should have a similar guarantee;

Because if the _male_ criminal is better comprehended by men, the

_female_ criminal will be better comprehended by women;

Because society in its aggregate being offended by the crime, it is

necessary that this society, composed of two sexes, should be represented

by both to judge and to condemn it. Because, lastly, where the moral

sense is concerned, the feminine element is the more necessary inasmuch

as men claim that our sex is in general more moral and more merciful than

their own.

AUTHOR. Why ought woman to hold a place among civil functionaries?

READER. Because society, represented by these functionaries, is composed

of two sexes;

Because even now in a number of public functions, there is a department

more especially belonging to woman;

Because, in the ceremony of the marriage celebration for instance, if

woman does not appear as magistrate, not only is society insufficiently

represented, but the wife may regard herself as delivered up to the power

of a man by all the men of the country.

AUTHOR. Why ought woman to have her place in boards of trade and

mercantile associations?

READER. Because she shares equally in industrial production;

Because she shares equally in commerce;

Because she understands business transactions and contracts as well if

not better than man;

Because, in all questions of interests, she should be her own

representative.

AUTHOR. When will woman become the equal of man in the employment of her

activity and of her other faculties?

READER. When she shall have colleges, academies and schools for special

instruction, and when all vocations shall be accessible to her.

AUTHOR. Why ought women to receive the same national education as men?

READER. Because they exercise a vast influence over the ideas, sentiments

and conduct of men, and because it is for the interest of society that

this influence should be salutary;

Because it is for the interest of all to enlarge the views and elevate

the sentiments of women, in order that they may use their natural

ascendency for the advancement of progress, of truth, of good, of moral

beauty;

Because woman has a right, like man, to cultivate her intellect, and to

acquire the knowledge bestowed by the state;

Because, lastly, as she pays her part of the expenses of national

education, it is robbery to prohibit her from participating in it.

AUTHOR. Why ought woman to be admitted to academies and professional

schools?

READER. Because Society, not having a right to deny the existence of any

aptitude among its members, has consequently no right to prevent those

who claim to possess them from cultivating them, nor to lock up from them

the treasures of science and practice which are at its disposal.

Because there are women who are born chemists, physicians,

mathematicians, etc., and because these women have a right to find in

social institutions the same resources as man for the cultivation of

their aptitudes;

Because there are professions practised by women who need the instruction

that is interdicted them.

AUTHOR. Why ought every field of occupation to be accessible to woman?

READER. Because woman is a free being, whose vocation no one has a right

to contest or to restrict;

Because she, no more than man, will enter vocations forbidden her by

temperament, lack of aptitude or want of time; and it is therefore quite

as unnecessary to interdict them to her as to those men who are unfit to

enter them.

AUTHOR. Do you not even interdict to her those vocations in which

strength is needed, or which are attended with danger?

READER. Women are not forbidden to be carpenters or tilers, yet they do

not become such, because their nature opposes it; it is precisely because

nature does oppose it, that I think society unreasonable in meddling with

the nature. There is no need to prohibit what is impossible; and if what

has been declared impossible is done, it is because it is possible: now

society has no right to prohibit what is possible to any of its members;

this appears even absurd where vocation is in question.

AUTHOR. Let each one follow his private occupation at his own risk and

peril, then; but are there not certain public functions which are not

suitable for women?

READER. No one knows this, since they are not open for her admission;

and, were it so, the prohibition would be useless: competition would show

the falsity of ill-founded pretentions.

AUTHOR. When will woman become the equal of man in marriage?

READER. When the person of the wife is not pledged in marriage; when the

engagements are reciprocal, and when the wife is not treated as a minor

and absorbed in the husband. And this should be so:

Because it is not allowable to alienate one's personality, such an

alienation, being _immoral_ and _void_ of itself;

Because the wife being a distinct individual, cannot be actually absorbed

by the husband, and a law is absurd when it rests on a fiction and

supposes an impossibility;

Because, in fine, woman, being the equal of man before Society, cannot,

under any pretext, lose this equality by reason of a closer association

with him.

AUTHOR. There are two questions in marriage, aside from that of the

person--property and children. Do you not think that the married woman

ought, like the unmarried woman who has attained majority, to be mistress

of her property, to be free to exercise any profession that suits her,

and to be at liberty to sell, to buy, to give, to receive, and to

institute suits at law?

READER. The married man having all these rights, it is evident that the

married woman ought to have them under the law of equality. Are you not

of the same opinion?

AUTHOR. In all partnerships, we pledge a portion of our liberty on

certain points agreed upon. Now the husband and wife are partners; they

cannot therefore be as perfectly free with respect to each other as

though they were strangers; but it is necessary, we repeat, that their

position should be the same and their pledges mutual. If the wife can

neither sell, nor alienate, nor give, nor receive, nor appear in court

without the consent of the husband, it is not allowable for the husband

to do these things without the consent of the wife; if the wife is not

permitted to practise a profession without the consent of the husband,

the husband is not at liberty to do so without the consent of the wife;

if the wife cannot pledge the common property without authority from the

husband, the husband cannot pledge it without the consent of the wife. I

go further; I would not willingly permit the wife, before the age of

twenty-five, to give her husband authority to alienate anything belonging

to one of the two; the husband has too much influence over her for her to

be really free before this age.

READER. But what if one of the parties through caprice or evil motives is

unwilling that the other should do something that is proper and

advantageous?

AUTHOR. Arbiters are frequently chosen in the differences that arise

between partners in business; society, represented by the judicial power,

is the general arbiter between the husband and wife; still we think that

it would be well to establish between them a perpetual arbiter, holding

the first degree of jurisdiction: this might be the family council,

organized differently from the present. Before this confidential

tribunal, better fitted than any other to understand the case, the

husband and wife should carry, not only the differences arising between

them concerning questions of interests, but those relating to the

education, profession and marriage of the children. This tribunal should

give the first judgment, and much scandal would be avoided by its

decisions, from which besides one could always appeal to the social

court.

I need not add that the right of the father and the mother over the

children is absolutely equal, and that, if the right of either could be

contested, it would not be that of the mother, who alone can say, I

_know_, I am _certain_ that these children are mine.

READER. In fact, it is odious that the plenitude of right should be found

on the side of the mere legal presumption, the act of faith, uncertainty.

Regarding marriage as a partnership of equals, do you not think that it

would be well to mark this equality and the distinction of personalities

in the name borne by the spouses and their children?

AUTHOR. Certainly, on the day of marriage each of the spouses should join

his partner's name to his own; this is done already in certain cantons of

Switzerland, and even in France, among a few individuals.

The children should bear the double name of their parents until marriage,

when the daughters should keep the mother's name, and the sons the

father's; or else, if we wish to bring into the question the system of

liberty, it might be decreed that, on attaining majority, the child

himself should choose which of the two names he would bear and transmit.

II.

READER. Now, let us take up the political right.

AUTHOR. A nation is an association of free and equal individuals,

co-operating, by their labor and contributions, to the maintenance of the

common work; they have an incontestible right to do whatever is necessary

to protect their persons, their rights and their property from injury.

Man has political rights because he is free and the equal of his

co-partners; according to others, because he is a producer and a

tax-payer; now, woman being, through identity of species, free and the

equal of man; being in point of fact, a producer and a tax-payer; and

having the same general instincts as man, it is evident that she has the

same political rights as he. Such are the principles, let us proceed to

the application.

We have said elsewhere, that it is not enough that a thing should be true

in an absolute sense; it is necessary under penalty of transforming good

into evil, to take into account the surroundings into which we seek to

introduce it; this men too often forget, the _practical_ truth in our

question is that it is profitable to recognize political rights _only to

the extent to which it is demanded_, because those who do not demand it

are intellectually incapable of making use of it, and because if they

should exercise it, in a majority of cases, it would be against their own

interests; Prudence exacts that we should be sure that the possessor of a

right is really emancipated, and that he will not be the blind tool of a

man or a party.

Now, in the existing state of affairs, women not only do not demand their

political rights, but laugh at those who address them on the subject;

they pride themselves on being thought unfit for that which regards

general interests; they recognize themselves therefore as incapable.

On the other hand, they are minors civilly, slaves of prejudice, deprived

of general education, submissive for the most part to the influence of

their husbands, lovers or confessors, clinging as a majority to the ways

of the past. If therefore they should enter without preparation into

political life, they would either duplicate men or cause humanity to

retrograde.

You comprehend now why many women who are more capable than an infinite

number of men of coöperating in great political acts, choose rather to

renounce them than to compromise the cause of progress by the extension

of political right to all women.

READER. Personally, I am of your opinion; but it is necessary to foresee

and to refute the objections that may be made to you by very intelligent

women; these women will say, Reflect, the negation of right is

iniquitous, for it is the negation of equality and of human nature. It is

as false as dangerous to lay down the principle of the recognition of

right only to the extent in which it is claimed; for it is notorious that

slaves are not the ones in general to demand their own rights; your

affirmation therefore condemns the emancipation of slaves and serfs, and

universal suffrage.

The objection that you raise against the right on account of the

incapacity of women and the low use which they would make of it, might

apply quite as well to men who are scarcely more fully emancipated than

they; who are often the duplicate of their wife or confessor, or who have

no other opinion than that of their electoral committee.

In right, as in everything else, an apprenticeship is necessary: woman

will make use of it at first badly, then better, then well; for we learn

to play on an instrument much more quickly by using it than by learning

its theory.

The exercise of right gives elevation and dignity, elevates the

individual in his own esteem, and causes him to study questions which he

would have neglected had he not been obliged to examine them in order to

concur in and resolve them. Do you wish women to take to heart matters of

general interest? Then give them political right.

These objections, may be raised against you.

AUTHOR. They were raised against me in 1848 by a number of eminent women,

and by many men devoted to the triumph of the new principles.

I answered them then and I answer them again to-day: We should speedily

agree, if our modern society were not the scene of conflict between two

diametrically opposite principles.

The question is not to decide whether political right belongs to woman,

whether she would develop it, enlarge it, etc., but rather whether she

would use it to ensure the triumph of the principle that says to

humanity, Advance! or of that which gives as the word of command,

Retreat!

What is the end of political right? Evidently, to accomplish a great duty

in the direction of progress. Well, is it not dangerous to accord it to

those who would employ it against this end?

What! you struggle for right, in order to obtain the triumph of a holy

cause, yet feel no hesitation in according it to those who would

certainly make use of right to kill right!

You reproach me for acting like the Jesuits, who value justice much less

than expediency. Well, gentlemen, if you had had half their ability, you

would have been successful long ago. Like true savages, you would think

yourselves dishonored by possessing prudence and practical sense, by

offering yourselves to battle otherwise than with naked bodies; this may

be very fine, very courageous--but as to being sensible, that is another

thing.

I am not guilty of the crime of denying right, since I do not deny it; I

only desire that it shall not be demanded since this would be suicidal, I

do not lay down the principle that _every kind_ of right should be

recognized only to the extent in which it is claimed, since I speak to

you of political rights alone; there are rights which make their own

demand, such as those of living, of development, of enjoyment, of the

fruit of one's labor, and it is shameful for society not to recognize

them to their full extent. But we awaken later to the sentiment of civil

right, and still later to that of political right; take the logical

advance of humanity into account therefore and do not remain in the

absolute.

I know that my objection on the score of the incapacity of women is quite

as applicable to that of men; but is it a reason, because you have

admitted the right of the ignorant masses of men who had not demanded it,

to show yourselves equally unwise with respect to women who are in the

same position? I will correct myself, gentlemen, of what you term my

_aristocratic_ spirit, when I see your political freedmen comprehending

the tendencies of civilization, and making use of their right to drive

the abettors of the past to despair by promoting the triumph of liberty

and equality. Until then, permit me to keep my opinion.

And I have kept my opinion, which is this: the exercise of political

right is a means of reform and progress, only if those who enjoy it

believe in progress and are anxious for reforms: in the opposite case,

the popular vote can be nothing but the expression of prejudices, errors

and passions--instead of learning to exercise it through the use of it,

as it is urged, they employ it simply to cut their own fingers.

READER. May it not be objected that, in accordance with your theory of

right, all being equal, no one can arrogate to himself the function of

distributing rights?

AUTHOR. Theory is the ideal towards which practice should tend; if we had

not this ideal, we could not know by what principle to guide ourselves;

but in social _reality_, there are individuals who have attained

majority, and others who, being minors, are destined to attain it.

If I should assert that those who have attained majority can rightfully

accord or refuse right to the minors, I should depart essentially from my

principles; it is by the _law_, which is the expression of the conscience

of those most advanced, while waiting till it shall be the conscience of

all, that political majority is decreed and that its conditions are

established. The right is virtual in each of us; no one therefore has the

right to give it, to take it away, or to contest it; it is recognized

when we are in a condition to exercise and to demand it; and we prove

that we are in a condition to exercise it when we satisfy the conditions

fixed by the law.

READER. What should be these conditions for the enjoyment of political

right, in your opinion?

AUTHOR. Twenty-five years of age; and a certificate attesting that the

individual knows how to read, write and reckon, that he possesses an

elementary knowledge of the history and geography of his country;

together with a correct theory with respect to Right and Duty, and the

destiny of humanity upon earth. The knowledge of a small volume would be

sufficient, as you see, to enable every man and woman, twenty-five years

of age and healthy in mind, to enjoy political rights, after having been

subjected to an initiation by the enjoyment of civil rights. But, I ask

you, what could those do with political right who confound liberty with

license, who scarcely know the meaning of the words Right and Duty, and

who are even incapable of writing their own vote! Men have their rights,

let them keep them! a right once admitted cannot be taken away: let them

render themselves fit to exercise them. As to women, let them first

emancipate themselves civilly and become educated: their turn will come.

READER. It is very important that men should comprehend that you do not

deny, but merely postpone the political rights of our sex.

AUTHOR. Be easy; they will comprehend it rightly; they will not mistake

counsel dictated by prudence for an acknowledgement of inferiority and a

resignation of functions.

III.

READER. Will you now state the legal reforms which we should demand

successively.

AUTHOR. So far as civil life is concerned, we should ask:

That a woman who is a foreigner may be able to become naturalized in a

country otherwise than by marriage.

That woman shall not lose her nationality by the same sacrament.

That woman be admitted to sign, as a witness, all certificates of social

condition, with all others that have been hitherto interdicted to her.

You know that already, in derogation of the law, midwives sign

certificates of birth of unacknowledged natural children, and that, in

certain notarial documents, drawn up by justices of the peace, to attest

to a fact in the absence of written evidence, the testimony of women is

admitted.

We demand that tradeswomen and merchant women shall form a part of the

boards of trade; that in every criminal trial, women shall be placed on

the jury: that to women shall be entrusted the management and

superintendence of hospitals, prisons for women, and charitable

associations.

That in every district, a woman shall be appointed to superintend girls'

schools, infant asylums, and nurses.

You know that women are already filling public employments in derogation

of the law, since the teaching and inspection of girls' schools, and

other asylums, are entrusted to them, and since women keep post-offices,

stamp offices, etc.

READER. This regards civil Right in general; what reforms shall we demand

concerning married women?

AUTHOR. That the conjugal abode shall be that which is inhabited by the

husband and wife _together_, no longer by the man alone.

That the articles shall be suppressed which command the wife to obey her

husband, and to follow him wherever he sees fit to reside.

That the prohibition to sell, mortgage, receive, give, appear in law,

etc., without the consent of the husband or court, shall be extended to

the husband as far as to the wife.

That marriage under the system of separation of goods shall become the

public law.

READER. What reforms do you demand with respect to the family council and

guardianship?

AUTHOR. We demand that the family council shall be composed of twenty

persons; ten men and ten women, parents, relatives and friends, chosen by

the spouses.

That the powers of this council, presided over by the justice of the

peace, shall be so determined that it shall give the first judgment in

differences arising between the spouses as to children, property,

guardianship, etc.

We demand that every woman may be qualified to be appointed guardian or

to watch over the conduct of the guardian towards the ward.

That the guardianship of the spouse interdicted shall be always confessed

by the family council.

That the wife like the husband, may name a definitive guardian and a

council of guardianship for her surviving spouse.

That the spouses may name during their lifetime, the father, a male

inspecting guardian from his family, the mother, a female inspecting

guardian from hers, that in case of pre-decease, the children may be

always under the influence of both sexes.

That this superior guardianship, in the absence of any expressed desire,

belongs of right to a member of the family of the defunct, who must be of

the same sex.

That in case of a second marriage, if the child is maltreated or unhappy,

the inspecting guardian, whether male or female, can have it adjudged to

him by the family council, without excluding the appeal of the guardian

to the courts.

That in case of the death of the father or mother, the guardianship

belongs of right to the nearest ancestor, and the inspecting guardianship

to the nearest ancestor of the other line.

If there be competition between the two lines, the family councils shall

choose the guardian from one family and the inspecting guardian from the

other, and of opposite sex.

That the duties of guardianship and inspecting guardianship shall

comprehend, not only the material, but also the moral and intellectual

interests of the wards.

That the father who is guardian, shall lose the right of guardianship

over the children if he re-marries without first having had it continued

to him by the family council.

That lastly, the State shall so organize a board of guardianship for

abandoned children that the boys shall be under the superintendence of

the men and the girls under that of the women; this board will form a

great family council.

READER. I like your system better than that of the law, not only because

woman is the equal of man therein, but because wards will be better

protected by it; I have known men to cause their wives, over-excited by

their ill treatment, to be placed under interdict, in order to remain

masters of their property; on the other hand, you know how many children

are wronged or made unhappy by the second marriage of their father. A

step-mother has full power to inflict suffering on the little

unfortunates.

But you have said nothing of the authority of parents over their

children.

AUTHOR. The authority of the parents over the children is the same; the

expression, paternal authority, is incomplete; the true phrase would be

_parental_ authority. On this head, we demand that if there be dissension

between the father and mother with regard to the children, the family

council shall decide in the first instance.

That neither the father nor the mother shall have power to shut up the

child unless _both are agreed_.

That the father or the mother acting as guardian shall not have power to

have recourse to this measure except with the concurrence of the

inspecting guardian, or, in case of difference, with the approbation of

the family council, always reserving the right of appeal to the court.

That the marriageable age shall be fixed at twenty-five for both sexes.

READER. Shall we demand the suppression of separation from bed and board?

AUTHOR. No; but we must demand that _divorce shall be established_.

That divorce may be obtained for the adultery of one of the parties,

cruelty, grave abuses, condemnation to punishment affecting the liberty

or person, notorious vices, incompatibility of temper, mutual consent.

That, during the suit for separation or for divorce, the guardianship of

the children shall be given to the most deserving parent; and that, if

both are alike unworthy, a guardian and inspecting guardian of different

sexes shall be appointed.

That, if both are deserving, they shall settle it amicably between

themselves before the family council.

That parties married under the dotal system or under that of the

separation of goods, shall have control of their own property.

That if the petition for divorce be on account of the bad management of

the common property, the administration shall be taken away from the

husband and entrusted to the wife.

That if the petition be on account of the condemnation of one of the

parties to punishment affecting the liberty or person, the other shall

remain administrator.

That, in all other cases, an inventory shall be made and the spouse best

fitted to the task be appointed guardian under the surveillance of one or

two members of the family of the other spouse, with the obligation of

furnishing estovers to the other.

That the decree granting the divorce or separation shall bear the number,

name and age of the children born of the marriage, together with the

annual sum that each party is bound to furnish for their maintenance and

education.

That this decree shall state to whose custody the children are entrusted,

whether by natural consent or by familial or judicial authority.

That it shall be placarded publicly in the courts, and inserted in the

leading journals of the vicinity.

That this instrument shall accompany the publication of the bans of a

subsequent marriage, under pain of heavy penalties.

READER. These measures are severe; if it would be easy to become

divorced, it would not be easy to marry afterwards.

AUTHOR. I do not deny it; but it is better to prevent divorce by the

difficulty of marrying afterwards, than by placing restrictions upon it;

in the first case, the difficulty comes from the fetters which the

individual has forged for himself; he makes his own destiny; in the

second, individual liberty is infringed upon by social authority, which

is an abuse of power.

READER. Let us enter upon the legal reforms concerning morals.

AUTHOR. We demand that every promise of marriage which is not fulfilled

shall be punished with a fine and damages.

That every man whom an unmarried mother can prove by witnesses or

letters, to be the father of her child, shall be subject to the burdens

of paternity.

That the investigation of paternity shall be authorized like that of

maternity.

That the seduction of an unmarried woman under twenty-five shall be

severely punished.

That no unmarried woman can be registered among the public women before

twenty-five years old, and that she shall be put into the house of

correction if she abandons herself to prostitution before this age.

That every abandoned woman who receives a man under twenty-five years of

age shall be punished with fine and imprisonment, and that the penalty

shall be terrible if she is diseased.

READER. It will be said that paternity cannot be proved.

AUTHOR. I do not deny that it may be possible that the father attributed

to the natural child will not be the true one; but it will be necessary

to establish by proofs that he has rendered himself liable to be reputed

such: it is the probability of paternity in marriage extended to

paternity out of marriage. So much the worse for men who suffer

themselves to be caught! it is shameful to attach impunity to the most

disorderly and subversive of selfish desires; women must no longer bear

alone the burden of natural children, and no longer be tempted to abandon

them.

READER. But what if it be proved that a married man has rendered himself

liable to become a father outside his household.

AUTHOR. This should be first a case of divorce; next, of punishment for

him and his accomplice. As to the child, the man should bear the charge

of it in concert with the mother.

READER. These are indeed Draconian laws!

AUTHOR. Do you not see that corruption is shutting us in, body and soul;

and that if we do not create a vigorous reaction against it by the

severity of the laws, the reform of education, and the awakening of the

ideal, our society will be, ere long, only an immense brothel?

READER. Alas! it is but too true.

AUTHOR. Let us demand then, not only a rational reform of the national

education, but also that the number of lyceums shall be doubled for

girls.

That all the institutions of higher instruction dependent on the state

shall be open to them as to boys.

That they shall be admitted to receive the same university degrees, and

the same diplomas of capacity as men.

That every field of occupation shall be opened to them as to men;

So that, elevated in public opinion by equality, their activity shall no

longer be nominally compensated; that they may live by their labor, and

that want, discouragement and suicide may no longer terminate their life

when they do not make choice of the sad part of elements of

demoralization.

I.

APPEAL TO WOMEN.

Progressive women, to you, I address my last words, Listen in the name of

the general good, in the name of your sons and your daughters.

You say: the manners of our time are corrupt; the laws concerning our sex

need reform.

It is true; but do you think that to verify the evil suffices to cure it?

You say: so long as woman shall be a minor in the city, the state and

marriage, she will be so in social labor; she will be forced to be

supported by man; that is to debase him while humbling herself.

It is true; but do you believe that to verify these things suffices to

remedy our abasement?

You say: the education that both sexes receive is deplorable in view of

the destiny of humanity.

It is true; but do you believe that to affirm this suffices to improve,

to transform the method of education?

Will words, complaints and protestations have power to change any of

these things?

It is not to lament over them that is needed; it is to act.

It is not merely to demand justice and reform that is needed; it is to

labor ourselves for reform; it is to prove _by our works_ that we are

worthy to obtain justice; it is to take possession resolutely of the

contested place; it is, in a word, to have intellect, courage and

activity.

Upon whom then will you have a right to count, if you abandon yourselves?

Upon men? Your carelessness and silence have in part discouraged those

who maintained your right; it is much if they defend you against those

who, to oppress you, call to their aid every species of ignorance, every

species of despotism, every selfish passion, all the paradoxes which they

despise when their own sex is in question.

You are insulted, you are outraged, you are denied or you are blamed in

order that you may be reduced to subjection, and it is much if your

indignation is roused thereby!

When will you be ashamed of the part to which you are condemned?

When will you respond to the appeal that generous and intelligent men

have made to you?

When will you cease to be masculine photographs, and resolve to complete

the revolution of humanity by finally making the word of woman heard in

Religion, in Justice, in Politics and in Science?

What are we to do, you say?

What are you to do, ladies? Well! what is done by women believing. Look

at those who have given their soul to a dogma; they form organizations,

teach, write, act on their surroundings and on the rising generation in

order to secure the triumph of the faith that has the support of their

conscience. Why do not you do as much as they?

Your rivals write books stamped with supernaturalism and individualistic

morality, why do you not write those that bear the stamp of rationalism,

of solidary morality and of a holy faith in Progress?

Your rivals found educational institutions and train up professors in

order to gain over the new generation to their dogmas and their

practices, why do not you do as much for the benefit of the new ideas?

Your rivals organize industrial associations, why do not you imitate

them?

Would not what is lawful to them be so to you.

Could a government which professes to revive the principles of '89, and

which is the offspring of Revolutionary right, entertain the thought of

fettering the direct heirs of the principles laid down by '89, while

leaving those free to act who are more or less their enemies? Can any one

of you admit such a possibility?

What are we to do?

You are to establish a journal to maintain your claims.

You are to appoint an encyclopedic committee to draw up a series of

treatises on the principal branches of human knowledge for the

enlightenment of women and the people.

You are to found a Polytechnic Institute for women.

You are to aid your sisters of the laboring classes to organize

themselves in trades associations on economical principles more equitable

than those of the present time.

You are to facilitate the return to virtue of the lost women who ask you

for aid and counsel.

You are to labor with all your might for the reform of educational

methods.

Yet, in the face of a task so complicated, you ask: what are we to do?

Ah, ye women who have attained majority, arise, if ye have heart and

courage!

Arise, and let those among you who are the most intelligent, the most

instructed, and who have the most time and liberty constitute an

_Apostleship of women_.

Around this Apostleship, let all the women of Progress be ranged, that

each one may serve the common cause according to her means.

And remember, remember above all things, that _Union is strength_.

THE END.

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A Woman's Philosophy of Woman; or, Woman affranchised. An answer to Michelet, Proudhon, Girardin, Legouvé, Comte, and other modern innovators · 第 9 / 9 章