The Life of Napoleon I (Volume 1 of 2) by John Holland Rose
page 309 of 596 (51%)
page 309 of 596 (51%)
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action herein was dictated by personal considerations. Others again
may point to the declarations of the French National Assemblies that the law regarded marriage merely as a civil contract, and that divorce was to be a logical sequel of individual liberty, "which an indissoluble tie would annul." It is indisputable that extremely lax customs had been the result of the law of 1792, divorce being allowed on a mere declaration of incompatibility of temper.[164] Against these scandals Bonaparte firmly set his face. But he disagreed with the framers of the new Code when they proposed altogether to prohibit divorce, though such a proposition might well have seemed consonant with his zeal for Roman Catholicism. After long debates it was decided to reduce the causes which could render divorce possible from nine to four--adultery, cruelty, condemnation to a degrading penalty, and mutual consent--provided that this last demand should be persistently urged after not less than two years of marriage, and in no case was it to be valid after twenty years of marriage.[165] We may also notice here that Bonaparte sought to surround the act of adoption with much solemnity, declaring it to be one of the grandest acts imaginable. Yet, lest marriage should thereby be discouraged, celibates were expressly debarred from the privileges of adopting heirs. The precaution shows how keenly this able ruler peered into the future. Doubtless, he surmised that in the future the population of France would cease to expand at the normal rate, owing to the working of the law compelling the equal division of property among all the children of a family. To this law he was certainly opposed. Equality in regard to the bequest of property was one of the sacred maxims of revolutionary jurists, who had limited the right of free disposal by bequest to one-tenth of each estate: nine-tenths being of necessity divided equally among the direct heirs. Yet so strong was |
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