Another important branch of the child-protection movement that had its
beginning in New York City, was placing laws on the statute book, and
then enforcing them, against the sale of injurious liquors to children.
Laws tending to protect the morality of children followed these, and in
fact almost from the first year of its birth, every year has seen the
Protection Society enlarging its field of action until today it hardly
seems possible that it was only a few hundred years ago that the very
life of a child itself was considered of no importance.
The general law laid down by Spencer, in virtue of which everything
passes “from the homogeneous to the heterogeneous, from the indefinite
to the definite, from the simple to the complex,” is evident in the
history of the progress of the child as a factor in society.
When in neolithic times there was no moral instinct in man, the child’s
only hope of life was the parental or rather the maternal instinct, of
beings not yet risen to the plain of reasoning animals. In a higher
stage of civilization one finds, where the matriarchal régime exists,
children have a value, the value of chattels and live stock, though the
maternal uncle has more rights over them than their own father.[460]
The _patria potestas_ of the Romans was not so strange or unusual as it
seemed to Gibbon, for the power of life and death (_jus vitæ ac necis_)
is found among the Apaches, the Botocodos, the Bedouins, and the
Samoyedes and is a stage in the development and evolution of the family
idea.
In the religious and philosophical stage the child takes on an
importance of its own; it is humanely treated because it is now
recognized as a human being, or it is protected because it is said to
have, young and apparently unimportant as it seems to be, a _soul_ of
its own. From there on to the time when the child, as the father of the
man, is a charge upon the State,—or on all men,—until it is able to
take care of and protect itself, the murder of a child is theoretically
as great a crime as the murder of an adult. In fact, the conditions of
the past hold long after each recognized step of progress, the most
primitive habits obtruding in the very midst of the most advanced
knowledge and the most complete enlightenment.
It is for this that the story of the past is valuable. That we may know
and understand and value rightly what is past, past for all time so
far as intelligent and self-governing humanity is able to will—that is
one of the surest steps to knowledge and truth.
APPENDIX A
NAPOLEONIC DECREE OF 1811.
IMPERIAL DECREE CONCERNING FOUNDLINGS, ABANDONED CHILDREN, AND POOR
ORPHANS OF JANUARY 19, 1811.
1ST TITLE.
ARTICLE I. The children whose education is entrusted to public charity
are:
1st. Foundlings. 2d. Abandoned children. 3d. Poor orphans.
2D TITLE.
2. Foundlings are those born of unknown parents, who have been found
exposed in any place, or those taken to the hospitals intended to
receive them.
Public-domain text, read in full here on John Shaqi.
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