The Washington herald., 1914-03-22

the universal bias Of lavgivers In those
good old times. Often his utteranceA
sound like naive confessions OF his own.
troubles with Josephine. particularly
when he frankly said: IF II was not for
growing old, l should want no wife"
He would have the brides vow to obey
as strong possible. Every day the
husband hears people talking about his
wife, saying Nine. Y has been doing
such and such things, each of which is a
fresh outrage upon himself How
many of US could say, like the old Greek.
!, that We wished our houses were of glass
so that all might see our happy home
life?''
The first draft of the code did not
provide for divorce, but this modern
solon was insistent on facilitating a
means of escape from the bonds of we'd
lock Yet he said a man has right to
put away a woman who has given
him children. No person should be al
lowed to claim n second divorce. Di-
vorced people shouIa not be allowed to
marry again To- five years. This would
prevent either from suing for divorce
i'll order TO marry.
The code finally allowed divorce for
adultery. cruelty, and conviction of fei-
ony, and il alsU provided. at Napoleon's s
suggestion. for divorce on no ground at
all but by mutual consent given in the
privacy OF a family council. presided over
by magistrate Divorce by mutual con-
sent, however. Was permitted only after
the parties mad been married two years,
and II was forbidden after twenty years
Of marriage. Notwithstanding this sim
plihed process, L method of divorce with
out public scandal. divorces decreased in
number as the Napoleonic era advanced.
While the system has long been abolish
ed. or greatly modified in France, IL has
been taken Ip by Japan and it still has
some force in Belgium.
Progressive Laws.
Although primogeniture and entail had
been abolished in the United States
France was the first to wipe out those
twin survivors of ancien: injustice in the
Old World, Leading England by many
Years in establishing an equality of in
heritance regardless of age and sex
vance in criminal law in 1000 years.
Napoleon's code moderated the pun
ishment of crime. While other Euro
pean nations continued to hang men
inniction OF the death penalty in
France greatly declined under Napo-
leon. Before the code went into force
at all. England: with only half the
population Of France. was condemn
ing to death 1900 persons a year, a.
against SIS: so condemned in France.
adopted France. then with nearly three
times the population OF England, put
TO death only 392 persons in a year,
ings had risen to 6.4o0.
The Code Napoleon Today.
The Code Napoleon. as a whole. has
borne the test of time and CHANGE
Bourbons and Orleanists and republics
have come and gone. but II remains the
chart and compass of justice in France.
Moreover, the code in text or spirit IN
not Tess firmly rooted in most of the
other nations of Continental Europe
and in Latin America. upon which it
was imposed by the force of a good
example. 1t is the underlying law
even of one State in the American
! 'nion. and the justice of the Supreme
Court of the United States whose cir
cuit embraces Louisiana, must have
of the Code Napoleon as
well as Of English common law
Towering above his battle monu-
ments and his arches of triumph, the
code stands to this day the greatest
and most enduring single achieve
ment associated with the name of Ma
poIeon. II was the granite foundation
M which he reared a new France amid
rhe smoking ruins of the old institu-
tions that the revolution had de-
stroycd. a france that has withstood
the winds and floods of stormy CEN
tury because IL was founded on the
rock OF law and order.
Copyright, lsli. b. Jams AszSaa-)