atria
potestas_ of the Romans, at the same time that she fell under the
marital despotism which desired her seclusion, she found herself
tempted to take the only reprisals which were within her power. Then
she became a dissolute creature, as soon as men ceased to be intently
occupied in intestine war, for the same reason that she was a virtuous
woman in the midst of civil disturbances. Every educated man can fill
in this outline, for we seek from movements like these the lessons and
not the poetic suggestion which they yield.
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
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