In our day, though philanthropy has brought incalculable mischief on society, it has produced some good for the individual. It is to Napoleon that we owe our Criminal Code; and this, even more than the Civil Code—which still urgently needs reform on some points—will remain one of the greatest monuments of his short reign. This new view of criminal law put an end to a perfect abyss of misery. Indeed, it may be said that, apart from the terrible moral torture which men of the better classes must suffer when they find themselves in the power of the law, the action of that power is simple and mild to a degree that would hardly be expected. Suspected or accused criminals are certainly not lodged as if they were at home; but every necessary is supplied to them in the prisons of Paris. Besides, the burden of feelings that weighs on them deprives the details of daily life of their customary value. It is never the body that suffers. The mind is in such a phase of violence that every form of discomfort or of brutal treatment, if such there were, would be easily endured in such a frame of mind. And it must be admitted that an innocent man is quickly released, especially in Paris.
So Lucien, on entering his cell, saw an exact reproduction of the first room he had occupied in Paris at the Hotel Cluny. A bed to compare with those in the worst furnished apartments of the Quartier Latin, straw chairs with the bottoms out, a table and a few utensils, compose the furniture of such a room, in which two accused prisoners are not unfrequently placed together when they are quiet in their ways, and their misdeeds are not crimes of violence, but such as forgery or bankruptcy.
This resemblance between his starting-point, in the days of his innocency, and his goal, the lowest depths of degradation and sham, was so direct an appeal to his last chord of poetic feeling, that the unhappy fellow melted into tears. For four hours he wept, as rigid in appearance as a figure of stone, but enduring the subversion of all his hopes, the crushing of all his social vanity, and the utter overthrow of his pride, smarting in each separate I that exists in an ambitious man—a lover, a success, a dandy, a Parisian, a poet, a libertine, and a favorite. Everything in him was broken by this fall as of Icarus.
Carlos Herrera, on the other hand, as soon as he was locked into his cell and found himself alone, began pacing it to and fro like the polar bear in his cage. He carefully examined the door and assured himself that, with the exception of the peephole, there was not a crack in it. He sounded all the walls, he looked up the funnel down which a dim light came, and he said to himself, “I am safe enough!”
He sat down in a corner where the eye of a prying warder at the grating of the peephole could not see him. Then he took off his wig, and hastily ungummed a piece of paper that did duty as lining. The side of the paper next his head was so greasy that it looked like the very texture of the wig. If it had occurred to Bibi-Lupin to snatch off the wig to establish the identity of the Spaniard with Jacques Collin, he would never have thought twice about the paper, it looked so exactly like part of the wigmaker’s work. The other side was still fairly white, and clean enough to have a few lines written on it. The delicate and tiresome task of unsticking it had been begun in La Force; two hours would not have been long enough; it had taken him half of the day before. The prisoner began by tearing this precious scrap of paper so as to have a strip four or five lines wide, which he divided into several bits; he then replaced his store of paper in the same strange hiding-place, after damping the gummed side so as to make it stick again. He felt in a lock of his hair for one of those pencil leads as thin as a stout pin, then recently invented by Susse, and which he had put in with some gum; he broke off a scrap long enough to write with and small enough to hide in his ear. Having made these preparations with the rapidity and certainty of hand peculiar to old convicts, who are as light-fingered as monkeys, Jacques Collin sat down on the edge of his bed to meditate on his instructions to Asie, in perfect confidence that he should come across her, so entirely did he rely on the woman’s genius.
“During the preliminary examination,” he reflected, “I pretended to be a Spaniard and spoke broken French, appealed to my Ambassador, and alleged diplomatic privilege, not understanding anything I was asked, the whole performance varied by fainting, pauses, sighs—in short, all the vagaries of a dying man. I must stick to that. My papers are all regular. Asie and I can eat up Monsieur Camusot; he is no great shakes!
“Now I must think of Lucien; he must be made to pull himself together. I must get at the boy at whatever cost, and show him some plan of conduct, otherwise he will give himself up, give me up, lose all! He must be taught his lesson before he is examined. And besides, I must find some witnesses to swear to my being a priest!”
Such was the position, moral and physical, of these two prisoners, whose fate at the moment depended on Monsieur Camusot, examining judge to the Inferior Court of the Seine, and sovereign master, during the time granted to him by the Code, of the smallest details of their existence, since he alone could grant leave for them to be visited by the chaplains, the doctor, or any one else in the world.
No human authority—neither the King, nor the Keeper of the Seals, nor the Prime Minister, can encroach on the power of an examining judge; nothing can stop him, no one can control him. He is a monarch, subject only to his conscience and the Law. At the present time, when philosophers, philanthropists, and politicians are constantly endeavoring to reduce every social power, the rights conferred on the examining judges have become the object of attacks that are all the more serious because they are almost justified by those rights, which, it must be owned, are enormous. And yet, as every man of sense will own, that power ought to remain unimpaired; in certain cases, its exercise can be mitigated by a strong infusion of caution; but society is already threatened by the ineptitude and weakness of the jury—which is, in fact, the really supreme bench, and which ought to be composed only of choice and elected men—and it would be in danger of ruin if this pillar were broken which now upholds our criminal procedure.
Arrest on suspicion is one of the terrible but necessary powers of which the risk to society is counterbalanced by its immense importance. And besides, distrust of the magistracy in general is a beginning of social dissolution. Destroy that institution, and reconstruct it on another basis; insist—as was the case before the Revolution—that judges should show a large guarantee of fortune; but, at any cost, believe in it! Do not make it an image of society to be insulted!