The Revolution was too entirely occupied in breaking down and building

up, had too many enemies, or followed perhaps too closely on the

deplorable times witnessed under the regency and under Louis XV, to

pay any attention to the position which women should occupy in the

social order.

The remarkable men who raised the immortal monument which our codes

present were almost all old-fashioned students of law deeply imbued

with a spirit of Roman jurisprudence; and moreover they were not the

founders of any political institutions. Sons of the Revolution, they

believed, in accordance with that movement, that the law of divorce

wisely restricted and the bond of dutiful submission were sufficient

ameliorations of the previous marriage law. When that former order of

things was remembered, the change made by the new legislation seemed

immense.

At the present day the question as to which of these two principles

shall triumph rests entirely in the hands of our wise legislators. The

past has teaching which should bear fruit in the future. Have we lost

all sense of the eloquence of fact?

The principles of the East resulted in the existence of eunuchs and

seraglios; the spurious social standing of France has brought in the

plague of courtesans and the more deadly plague of our marriage

system; and thus, to use the language of a contemporary, the East

sacrifices to paternity men and the principle of justice; France,

women and modesty. Neither the East nor France has attained the goal

which their institutions point to; for that is happiness. The man is

not more loved by the women of a harem than the husband is sure of

being in France, as the father of his children; and marrying is not

worth what it costs. It is time to offer no more sacrifice to this

institution, and to amass a larger sum of happiness in the social

state by making our manners and our institution conformable to our

climate.

Constitutional government, a happy mixture of two extreme political

systems, despotism and democracy, suggests by the necessity of

blending also the two principles of marriage, which so far clash

together in France. The liberty which we boldly claim for young people

is the only remedy for the host of evils whose source we have pointed

out, by exposing the inconsistencies resulting from the bondage in

which girls are kept. Let us give back to youth the indulgence of

those passions, those coquetries, love and its terrors, love and its

delights, and that fascinating company which followed the coming of

the Franks. At this vernal season of life no fault is irreparable, and

Hymen will come forth from the bosom of experiences, armed with

confidence, stripped of hatred, and love in marriage will be

justified, because it will have had the privilege of comparison.

In this change of manners the disgraceful plague of public

prostitution will perish of itself. It is especially at the time when

the man possesses the frankness and timidity of adolescence, that in

his pursuit of happiness he is competent to meet and struggle with

great and genuine passions of the heart. The soul is happy in making

great efforts of whatever kind; provided that it can act, that it can

stir and move, it makes little difference, even though it exercise its

power against itself. In this observation, the truth of which

everybody can see, there may be found one secret of successful

legislation, of tranquillity and happiness. And then, the pursuit of

learning has now become so highly developed that the most tempestuous

of our coming Mirabeaus can consume his energy either in the

indulgence of a passion or the study of a science. How many young

people have been saved from debauchery by self-chosen labors or the

persistent obstacles put in the way of a first love, a love that was

pure! And what young girl does not desire to prolong the delightful

childhood of sentiment, is not proud to have her nature known, and has

not felt the secret tremblings of timidity, the modesty of her secret

communings with herself, and wished to oppose them to the young

desires of a lover inexperienced as herself! The gallantry of the

Franks and the pleasures which attend it should then be the portion of

youth, and then would naturally result a union of soul, of mind, of

character, of habits, of temperament and of fortune, such as would

produce the happy equilibrium necessary for the felicity of the

married couple. This system would rest upon foundations wider and

freer, if girls were subjected to a carefully calculated system of

disinheritance; or if, in order to force men to choose only those who

promised happiness by their virtues, their character or their talents,

they married as in the United States without dowry.

In that case, the system adopted by the Romans could advantageously be

applied to the married women who when they were girls used their

liberty. Being exclusively engaged in the early education of their

children, which is the most important of all maternal obligations,

occupied in creating and maintaining the happiness of the household,

so admirably described in the fourth book of _Julie_, they would be in

their houses like the women of ancient Rome, living images of

Providence, which reigns over all, and yet is nowhere visible. In this

case, the laws covering the infidelity of the wife should be extremely

severe. They should make the penalty disgrace, rather than inflict

painful or coercive sentences. France has witnessed the spectacle of

women riding asses for the pretended crime of magic, and many an

innocent woman has died of shame. In this may be found the secret of

future marriage legislation. The young girls of Miletus delivered

themselves from marriage by voluntary death; the senate condemned the

suicides to be dragged naked on a hurdle, and the other virgins

condemned themselves for life.

Women and marriage will never be respected until we have that radical

change in manners which we are now begging for. This profound thought

is the ruling principle in the two finest productions of an immortal

genius. _Emile_ and _La Nouvelle Heloise_ are nothing more than two

eloquent pleas for the system. The voice there raised will resound

through the ages, because it points to the real motives of true

legislation, and the manners which will prevail in the future. By

placing children at the breast of their mothers, Jean-Jacques rendered

an immense service to the cause of virtue; but his age was too deeply

gangrened with abuses to understand the lofty lessons unfolded in

those two poems; it is right to add also that the philosopher was in

these works overmastered by the poet, and in leaving in the heart of

_Julie_ after her marriage some vestiges of her first love, he was led

astray by the attractiveness of a poetic situation, more touching

indeed, but less useful than the truth which he wished to display.

Nevertheless, if marriage in France is an unlimited contract to which

men agree with a silent understanding that they may thus give more

relish to passion, more curiosity, more mystery to love, more

fascination to women; if a woman is rather an ornament to the

drawing-room, a fashion-plate, a portmanteau, than a being whose

functions in the order politic are an essential part of the country's

prosperity and the nation's glory, a creature whose endeavors in life

vie in utility with those of men--I admit that all the above theory,

all these long considerations sink into nothingness at the prospect of

such an important destiny!----

But after having squeezed a pound of actualities in order to obtain

one drop of philosophy, having paid sufficient homage to that passion

for the historic, which is so dominant in our time, let us turn our

glance upon the manners of the present period. Let us take the cap and

bells and the coxcomb of which Rabelais once made a sceptre, and let

us pursue the course of this inquiry without giving to one joke more

seriousness than comports with it, and without giving to serious

things the jesting tone which ill befits them.

The Physiology of Marriage, Part 1 · 第 9 / 9 段