Analytical Studies

A married woman, then, in France presents the spectacle of a queen out at service, of a slave, at once free and a prisoner; a collision between these two principles which frequently occurred, produced odd situations by the thousand. And then, woman was physically little understood, and what was actually sickness in her, was considered a prodigy, witchcraft or monstrous turpitude. In those days these creatures, treated by the law as reckless children, and put under guardianship, were by the manners of the time deified and adored. Like the freedmen of emperors, they disposed of crowns, they decided battles, they awarded fortunes, they inspired crimes and revolutions, wonderful acts of virtue, by the mere flash of their glances, and yet they possessed nothing and were not even possessors of themselves. They were equally fortunate and unfortunate. Armed with their weakness and strong in instinct, they launched out far beyond the sphere which the law allotted them, showing themselves omnipotent for evil, but impotent for good; without merit in the virtues that were imposed upon them, without excuse in their vices; accused of ignorance and yet denied an education; neither altogether mothers nor altogether wives. Having all the time to conceal their passions, while they fostered them, they submitted to the coquetry of the Franks, while they were obliged like Roman women, to stay within the ramparts of their castles and bring up those who were to be warriors. While no system was definitely decided upon by legislation as to the position of women, their minds were left to follow their inclinations, and there are found among them as many who resemble Marion Delorme as those who resemble Cornelia; there are vices among them, but there are as many virtues. These were creatures as incomplete as the laws which governed them; they were considered by some as a being midway between man and the lower animals, as a malignant beast which the laws could not too closely fetter, and which nature had destined, with so many other things, to serve the pleasure of men; while others held woman to be an angel in exile, a source of happiness and love, the only creature who responded to the highest feelings of man, while her miseries were to be recompensed by the idolatry of every heart. How could the consistency, which was wanting in a political system, be expected in the general manners of the nation?

And so woman became what circumstances and men made her, instead of being what the climate and native institutions should have made her; sold, married against her taste, in accordance with the Patria 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 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