This proposal would have re-established liberty of bequest in its most pernicious form, granting almost limitless discretionary power to the wealthy, while restricting or denying it to the poor.[[166]] Fortunately for his reputation in France, the suggestion was rejected; and the law, as finally adopted, fixed the disposable share as one-half of the property, if there was but one heir; one-third, if there were two heirs; one-fourth, if there were three; and so on, diminishing as the size of the family increased. This sliding scale, varying inversely with the size of the family, is open to an obvious objection: it granted liberty of bequest only in cases where the family was small, but practically lapsed when the family attained to patriarchal dimensions. The natural result has been that the birth-rate has suffered a serious and prolonged check in France. It seems certain that the First Consul foresaw this result. His experience of peasant life must have warned him that the law, even as now amended, would stunt the population of France and ultimately bring about that [Greek: oliganthrôpia] which saps all great military enterprises. The great captain did all in his power to prevent the French settling down in a self-contained national life; he strove to stir them up to world-wide undertakings, and for the success of his future imperial schemes a redundant population was an absolute necessity.
The Civil Code became law in 1804: after undergoing some slight modifications and additions, it was, in 1807 renamed the Code Napoléon. Its provisions had already, in 1806, been adopted in Italy. In 1810 Holland, and the newly-annexed coast-line of the North Sea as far as Hamburg, and even Lübeck on the Baltic,[pg.294] received it as the basis of their laws, as did the Grand Duchy of Berg in 1811. Indirectly it has also exerted an immense influence on the legislation of Central and Southern Germany, Prussia, Switzerland, and Spain: while many of the Central and South American States have also borrowed its salient features.
A Code of Civil Procedure was promulgated in France in 1806, one of Commerce in 1807, of "Criminal Instruction" in 1808, and a Penal Code in 1810. Except that they were more reactionary in spirit than the Civil Code, there is little that calls for notice here, the Penal Code especially showing little advance in intelligence or clemency on the older laws of France. Even in 1802, officials favoured severity after the disorders of the preceding years. When Fox and Romilly paid a visit to Talleyrand at Paris, they were informed by his secretary that:
"In his opinion nothing could restore good morals and order in the country but 'la roue et la religion de nos ancêtres.' He knew, he said, that the English did not think so, but we knew nothing of the people. Fox was deeply shocked at the idea of restoring the wheel as a punishment in France."[[167]]
This horrible punishment was not actually restored: but this extract from Romilly's diary shows what was the state of feeling in official circles at Paris, and how strong was the reaction towards older ideas. The reaction was unquestionably emphasized by Bonaparte's influence, and it is noteworthy that the Penal and other Codes, passed during the Empire, were more reactionary than the laws of the Consulate. Yet, even as First Consul, he exerted an influence that began to banish the customs and traditions of the Revolution, except in the single sphere of material interests; and he satisfied the peasants' love of land and money in order that he might the more securely triumph over revolutionary ideals and draw France insensibly back to the age of Louis XIV.
[pg.295] While the legislator must always keep in reserve punishment as the ultima ratio for the lawless, he will turn by preference to education as a more potent moralizing agency; and certainly education urgently needed Bonaparte's attention. The work of carrying into practice the grand educational aims of Condorcet and his coadjutors in the French Convention was enough to tax the energies of a Hercules. Those ardent reformers did little more than clear the ground for future action: they abolished the old monastic and clerical training, and declared for a generous system of national education in primary, secondary, and advanced schools. But amid strifes and bankruptcy their aims remained unfulfilled. In 1799 there were only twenty-four elementary schools open in Paris, with a total attendance of less than 1,000 pupils; and in rural districts matters were equally bad. Indeed, Lucien Bonaparte asserted that scarcely any education was to be found in France. Exaggerated though this statement was, in relation to secondary and advanced education, it was proximately true of the elementary schools. The revolutionists had merely traced the outlines of a scheme: it remained for the First Consul to fill in the details, or to leave it blank.
The result can scarcely be cited as a proof of his educational zeal. Elementary schools were left to the control and supervision of the communes and of the sous-préfets, and naturally made little advance amidst an apathetic population and under officials who cared not to press on an expensive enterprise. The law of April 30th, 1802, however, aimed at improving the secondary education, which the Convention had attempted to give in its écoles centrales. These were now reconstituted either as écoles secondaires or as lycées. The former were local or even private institutions intended for the most promising pupils of the commune or group of communes; while the lycées, far fewer in number, were controlled directly by the Government. In both of these schools great prominence was given to the exact and applied sciences. The aim of the instruction was not to awaken thought and [pg.296] develop the faculties, but rather to fashion able breadwinners, obedient citizens, and enthusiastic soldiers. The training was of an almost military type, the pupils being regularly drilled, while the lessons began and ended with the roll of drums. The numbers of the lycées and of their pupils rapidly increased; but the progress of the secondary and primary schools, which could boast no such attractions, was very slow. In 1806 only 25,000 children were attending the public primary schools. But two years later elementary and advanced instruction received a notable impetus from the establishment of the University of France.
There is no institution which better reveals the character of the French Emperor, with its singular combination of greatness and littleness, of wide-sweeping aims with official pedantry. The University, as it existed during the First Empire, offers a striking example of that mania for the control of the general will which philosophers had so attractively taught and Napoleon so profitably practised. It is the first definite outcome of a desire to subject education and learning to wholesale regimental methods, and to break up the old-world bowers of culture by State-worked steam-ploughs. His aims were thus set forth:
"I want a teaching body, because such a body never dies, but transmits its organization and spirit. I want a body whose teaching is far above the fads of the moment, goes straight on even when the government is asleep, and whose administration and statutes become so national that one can never lightly resolve to meddle with them.... There will never be fixity in politics if there is not a teaching body with fixed principles. As long as people do not from their infancy learn whether they ought to be republicans or monarchists, Catholics or sceptics, the State will never form a nation: it will rest on unsafe and shifting foundations, always exposed to changes and disorders."
Such being Napoleon's designs, the new University of France was admirably suited to his purpose. It was not a local university: it was the sum total of all the public [pg.297] teaching bodies of the French Empire, arranged and drilled in one vast instructional array. Elementary schools, secondary schools, lycées, as well as the more advanced colleges, all were absorbed in and controlled by this great teaching corporation, which was to inculcate the precepts of the Catholic religion, fidelity to the Emperor and to his Government, as guarantees for the welfare of the people and the unity of France. For educational purposes, France was now divided into seventeen Academies, which formed the local centres of the new institution. Thus, from Paris and sixteen provincial Academies, instruction was strictly organized and controlled; and within a short time of its institution (March, 1808), instruction of all kinds, including that of the elementary schools, showed some advance. But to all those who look on the unfolding of the mental and moral faculties as the chief aim of true education, the homely experiments of Pestalozzi offer a far more suggestive and important field for observation than the barrack-like methods of the French Emperor. The Swiss reformer sought to train the mind to observe, reflect, and think; to assist the faculties in attaining their fullest and freest expression; and thus to add to the richness and variety of human thought. The French imperial system sought to prune away all mental independence, and to train the young generation in neat and serviceable espalier methods: all aspiring shoots, especially in the sphere of moral and political science, were sharply cut down. Consequently French thought, which had been the most ardently speculative in Europe, speedily became vapid and mechanical.