What will be the influence, the moral authority, of those laws whose application is absolutely subordinate to a question of money? Ought not civil justice, like criminal justice, to be accessible to all?
When people are too poor to be able to invoke the benefits of a law eminently preservative and tutelary, ought not society to assure the application, through respect for the honor and repose of families?
But let us leave this woman, who will remain all her life the victim of a brutal and perverted husband, because she is too poor to obtain a matrimonial separation by law. Let us speak of Jeanne Duport's brother. This man left a den of corruption to enter the world again; he has paid the penalty of his crime by expiation. What precautions has society taken to prevent his falling back into crime? None.
Has any one, with charitable foresight, rendered possible his return to well-doing, in order to be able to punish, as one should punish, in a becoming manner, if he shows himself incorrigible? No.
The contagious influence of your jails is so well known, and so justly dreaded, that he who comes out from them is everywhere an object of scorn, aversion, and alarm. Were he twenty times an honest man, he would scarcely find occupation anywhere. And what is more: the penalty of a ticket-of-leave banishes him to small localities, where his past life must be well known; and here he will have no means of exercising the exceptionable employment often imposed on the prisoners by the contractors of the maisons centrales. If the liberated convict has the courage to resist temptation, he abandons himself to some of those murderous occupations of which we have spoken, to the preparation of certain chemical productions, by which one in ten perishes; or, if he has the strength, he goes to get out stone in the forest of Fontainebleau, an employment which he survives, average time, six years! The condition of a liberated convict is, then, much worse, more painful, more difficult, than it was before his first criminal action: he lives surrounded by shackles and dangers; he is obliged to brave repulses and disdain—often the deepest misery. And if he succumbs to all these frightful temptations to criminality, and commits a second crime, you show yourself ten times more severe toward him than for his first fault. That is unjust; for it is almost always the necessity you impose on him which conducts him to a second crime. Yes; for it is shown that, instead of correcting him, your penitentiary system depraves. Instead of ameliorating, it makes worse; instead of curing slight moral affections, it renders them incurable. Your aggravation of punishment, applied without pity to the backslider, is, then, iniquitous, barbarous, since this backsliding is, thus to express it, a forced consequence of your penal institutions. The terrible punishment which awaits this double guilt would be just and excusable if your prisons improved the morals, purified the prisoners, and if, at the expiration of the sentence, good conduct was, if not easy, at least generally possible. If any one is surprised at these contradictions of the law, what would he be when he compares certain penalties to certain crimes—either on account of their inevitable consequences, or on account of the disproportion which exists in their punishment? The conversation of the prisoner whom the bailiff came to see will offer to us one of these afflicting contrasts.
CHAPTER V.
BOULARD.
The prisoner who entered at the moment that Pique-Vinaigre left it was a man of about thirty years of age, with red hair, and a jovial, fat, and rubicund face; his middling stature rendered still more remarkable by his enormous corpulency. This prisoner, so rosy and stout, was wrapped up in a long, warm coat of gray swan's-down, with gaiter trousers of the same material. A kind of hooded cap of red velvet completed the costume of this personage, who wore excellent furred slippers. Although the fashion of wearing trinkets was over, the golden watch-chain sustained a goodly number of fine gold seals and rings. Finally, several rings, enriched with precious stones, sparkled on the fat red fingers of this prisoner, known as Boulard the Bailiff, accused of breach of trust.
[Illustration: THE REQUEST FOR A FRIENDLY SERVICE]
His visitor was Pierre Bourdin, one of the officers charged with the arrest of Morel the jeweler. Bourdin was rather shorter, but quite as fat, and attired after his patron, whose magnificence he admired. Having, like him, a partiality for jewels, he wore on this day a huge topaz pin, and a long gold chain, suspended from his neck, was entwined among the buttonholes of his waist-coat.