Not only has he no bail to give, for his whole capital consists of his daily labor; but it is upon him chiefly that the rigors of preventive measures must fall with a terrible and fatal force.
For the rich man, imprisonment is merely the privation of ease and comfort, tedious hours, and the pain of separation from his family—distresses not unworthy of interest, for all suffering deserves pity, and the tears of the rich man separated from his children are as bitter as those of the poor. But the absence of the rich man does not condemn his family to hunger and cold, and the incurable maladies caused by exhaustion and misery.
For the workman, on the contrary, imprisonment means want, misery, sometimes death, to those most dear to him. Possessing nothing, he is unable to find bail, and he goes to prison. But if he have, as it often happens, an old, infirm father or mother, a sick wife, or children in the cradle? What will become of this unfortunate family? They could hardly manage to live from day to day upon the wages of this man, wages almost always insufficient, and suddenly this only resource will be wanting for three or four months together.
What will this family do? To whom will they have recourse?
What will become of these infirm old men, these sickly wives, these little children, unable to gain their daily bread? If they chance to have a little linen and a few spare clothes, these will be carried to the pawnbroker's, and thus they will exist for a week or so—but afterwards?
And if winter adds the rigors of the season to this frightful and inevitable misery?
Then will the imprisoned artisan see in his mind's eyes, during the long and sleepless nights, those who are dear to him, wan, gaunt, haggard, exhausted, stretched almost naked upon filthy straw, or huddled close together to warm their frozen limbs. And, should he afterwards be acquitted, it is ruin and desolation that he finds on his return to his poor dwelling.
And then, after that long cessation from labor, he will find it difficult to return to his old employers. How many days will be lost in seeking for work! and a day without employment is a day without bread!
Let us repeat our opinion, that if, under various circumstances, the law did not afford to the rich the facility of giving bail, we could only lament over all such victims of individual and inevitable misfortune. But since the law does provide the means of setting provisionally at liberty those who possess a certain sum of money, why should it deprive of this advantage those very persons, for whom liberty is indeed indispensable, as it involves the existence of themselves and families?
Is there any remedy for this deplorable state of things? We believe there is.