This decree of March 17, 1808, forbade the establishment of private schools without the authority of the Government, set up three degrees of public instruction, primary, secondary and superior, organised a body of Inspectors-General, and, in short, 'laicized' public education in France effectually as a machine to be controlled by the Imperial Government.
Under the ancient Monarchy, France possessed twenty-four Universities. The Convention suppressed them all at a blow on September 15, 1793. This was little more than three months after the Convention itself had been 'suppressed' and forced to kiss the hand that smote it by Henriot and his cannoniers on June 28, 1793. A law abolishing the freedom of education was to have been expected from an assembly itself enslaved by an oligarchy of rogues and assassins. And this law left nothing standing in France to impede the execution of the Imperial decree of 1808, the first article of which was:—'Public education in the whole Empire is exclusively confided to the University.' Another article ordained that all the schools in France should take as the basis of their instruction 'fidelity to the Emperor, to the Imperial monarchy, the trustee of the happiness of the people, and to the Napoleonic dynasty, the conservator of the unity of France and of all the liberal ideas proclaimed in the constitutions of France.' The theology of all the French schools was to be in conformity with the Royal edict of Louis XIV., issued in 1682. Furthermore and expressly, 'the members of the University were required to keep the Grand-master and his officers informed of anything that may come to their knowledge contrary to the doctrine and the principles of the educational body in the establishments of public education!'
Here we have the 'moral unity' of France organized by Napoleon in 1808 on the lines in which the Third Republic has been trying ever since 1874 to organize it! Put the word 'Republic' for the word 'Empire,' the phrase 'scientific atheism' for the phrase 'propositions of the clergy of France in 1682,' and you have in the Napoleonic organization of public education the organization controlled by M. Jules Ferry. Of the two despotisms, the despotism of 1808 seems to me the more compatible with public order and public prosperity. With public liberty neither of them is compatible. Under the ancient Monarchy and the clerical system of education liberty existed. The Jesuits and the Jansenists, the Dominicans and the Oratorians and the Benedictines, had their different principles of education, their different traditions, their different text-books. Under the Imperial University, and still more under the University of the Third Republic, differences became disloyalties. Under the University of France in 1808 every young French citizen was to accept the Catholic faith as defined by the clergy of France in 1682, and true allegiance bear to the Napoleonic dynasty. Under the University of France in 1890, every young French citizen is to disbelieve in God and a future life, and true allegiance bear to the Third French Republic.
In 1808 as in 1890 the rights of freemen were first vindicated in this connection by the Catholic Church. On April 9, 1809, the Emperor issued a decree that no one should be admitted to a Catholic theological academy without a bachelor's diploma of the University. The bishops came at once into collision on this point with the Imperial prefects of 1809, as the bishops now came into collision on the decree of 1880 with M. Jules Ferry and the Republican prefects. The Imperial prefects of 1809 (not a few of them rabid Republicans in 1792) were merely the valets of the Emperor, as the prefects of 1890 are the valets of a Parliamentary oligarchy.
The Emperor carried his point. But when the Emperor fell, and the constitutional monarchy was restored, the University of France ceased to be an Imperialist training-school. M. de Fontanes, appointed grand-master by the Emperor in 1809, kept his place under Louis XVIII. To keep it he made the University 'clerical.' Under Napoleon the scholars in the public schools of France had been divided into 'companies.' M. de Fontanes in 1815 ordered them to be divided into 'classes.' Under Napoleon the hours of study and of play were announced by a drum. In 1815 M. de Fontanes ordered them to be announced by a bell. Under Napoleon the boys all wore a uniform. M. de Fontanes in 1815 ordered the uniforms to be no longer of 'a military type.' Then the French Liberals who had not dared to stir under the Emperor began to attack both the clergy and the University. But when the Revolution of 1830 brought these 'Liberals' into power, they ceased at once to attack, and began at once to engineer the Imperial machinery of the University. M. Thiers even proclaimed this machinery to be 'the finest creation of the reign of Napoleon!'
In 1833 the truest Liberal of them all, M. Guizot, struck a strenuous blow at this machinery of despotism. He could not deal with the University as a system, but he framed a law affecting 'primary education,' the principle of winch was that no man should be forced to send his child to school, but that schools should exist all over France to which any man who pleased might send his children if he was too poor to pay for their education.
This principle of M. Guizot in 1883 was certainly not an outcome of the 'principles of 1789;' for it had been at the foundation of all the free schools of France during the middle ages, and under the absolute monarchy of Louis XIV. Talleyrand recognised it in his plan of 1791, which did not suit Condorcet and his 'ideologists.' It was not in the mere revival of this principle that the true liberalism of M. Guizot manifested itself. In the second article of his law this great statesman provided, in express terms, that 'the wishes of families should always be consulted and complied with in everything affecting the religious instruction of their children.' This was indeed a step far forward in the path of true liberalism. It was a distinct recognition of the rights of the family as against the encroachments of the State. It was the 'liberalism' not of the 'ideologists' of 1790, nor of the Third Republic according to M. Challemel-Lacour, but of the legislators who gave Lower Canada her equitable system of common and of dissident schools. It was the liberalism of those courageous men who, like Montgaillard, Bishop of St.-Pons, had dared, under Louis XIV., and after the revocation of the Edict of Nantes, to protest in 1688 against imposing the Catholic communion by force upon the Huguenot ancestors of M. Guizot.
As Minister of Public Instruction under Louis Philippe in 1833, this lover of true liberty simply got enacted into law the principles which had led him as a brilliant and rising young man of letters in 1812 to refuse to adulate the Emperor, and which he had plainly and fearlessly set forth as the necessary conditions of the constitutional government of France in his famous interview with Louis XVIII. three years afterwards.
Under M. Guizot's law of 1833, the primary schools of France were much more than doubled in number during the reign of Louis Philippe.
In the spirit of that law M. Guizot administered the affairs of France during his long tenure of official authority, and to him, more than to any other man, must be attributed the progress which France made under Louis Philippe in the direction of liberty, as Englishmen and Americans understand that much-abused word. That progress might never have been interrupted had the counsels of M. Guizot prevailed over those of M. Thiers with the aged monarch who trusted the one but yielded to the other, in February 1848.