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
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