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diff --git a/35650.txt b/35650.txt new file mode 100644 index 0000000..b571b13 --- /dev/null +++ b/35650.txt @@ -0,0 +1,22850 @@ +The Project Gutenberg EBook of A Treatise on the Police of the Metropolis, by +Patrick Colquhoun + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Treatise on the Police of the Metropolis + Containing a Detail of the Various Crimes and Misdemeanors + by which Public and Private Property and Security are, at + Present, Injured and Endangered: and Suggesting Remedies + for their Prevention + +Author: Patrick Colquhoun + +Release Date: March 21, 2011 [EBook #35650] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK A TREATISE *** + + + + +Produced by Robert Connal, Linda Cantoni, and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by the Bibliotheque nationale de France (BnF/Gallica) + + + + + + + + + +[Transcriber's Note: This book was published in 1800 and contains some +inconsistent spelling, capitalization, hyphenation, and punctuation +typical of that era. These have been retained as they appear in the +original, including the inconsistent use of a period after the pound +symbol (e.g., L.100 and L100). Inconsistent italicizing of _l._, _s._, +and _d._ has been normalized to italics. Long-s has been normalized to +s. The pointing hand symbol has been rendered as [-->]. Printer errors +have been resolved with reference to a later and apparently corrected +printing of the same edition, available at the Internet Archive, +http://www.archive.org/details/atreatiseonpoli03colqgoog. Unresolved +printer errors have been noted with a [Transcriber's Note].] + + + + +A + +TREATISE + +ON THE + +POLICE OF THE METROPOLIS; + + +CONTAINING A DETAIL OF THE + +VARIOUS CRIMES AND MISDEMEANORS + +_By which Public and Private Property and Security are, at present, +injured and endangered:_ + +AND + +SUGGESTING REMEDIES + +FOR THEIR + +PREVENTION. + + +THE SIXTH EDITION, CORRECTED AND CONSIDERABLY ENLARGED. + + +BY P. COLQUHOUN, LL.D. + +_Acting as a Magistrate for the Counties of Middlesex, Surry, Kent, +and Essex.--For the City and Liberty of Westminster, and for the +Liberty of the Tower of London._ + + + Meminerint legum conditores, illas ad proximum hunc finem + accommodare; Scelera videlicet arcenda, refraenandaque vitia + ac morum pravitatem. + + Judices pariter leges illas cum vigore, aequitate, + integritate, publicaeque utilitatis amore curent exequi; ut + justitia etvirtus omnes societatis ordines pervadant. + Industriaque simul et Temperantia inertiae locum assumant et + prodigalitatis. + + +_LONDON:_ + +PRINTED BY H. BALDWIN AND SON, NEW BRIDGE-STREET, BLACKFRIARS; + +FOR JOSEPH MAWMAN, IN THE POULTRY, + +SUCCESSOR TO MR. DILLY. + + +M.DCCC. + + + + +TO THE SOVEREIGN, + + _Who has graciously condescended to approve of the Author's + Efforts "To establish a System of Morality and good Order in + The Metropolis:"_ + +AND TO HIS PEOPLE; + + _In every Part of the British Dominions; whose favourable + Reception of these Labours, for the Good of their Country, + has contributed, in a considerable degree, to the Progress + which has been already made, towards the Adoption of the + Remedies proposed for the Prevention of Crimes, the Comfort + of Society, and the Security of the Peaceful Subject:_ + +This Improved and Enlarged Edition of + +THE TREATISE ON THE POLICE OF THE METROPOLIS, + +_is humbly_ + +_and respectfully_ + +DEDICATED. + + LONDON, + Jan. 1, 1800. + + + + +ADVERTISEMENT. + + +Occupied in a variety of laborious pursuits, which afford little time +either for study or recreation, the Author once more presents this +Work to the Public with an unfeigned Diffidence, arising from his +consciousness, that under such circumstances it must require their +indulgence. This, he trusts, will be granted when it is considered, +that his employments are of a nature unfriendly to that critical +accuracy and precision, the necessity of which is impressed on his +mind, not less by a sense of his own personal character, than of his +obligations to the long-experienced candour and liberality of his +readers. + +In the present Edition much new matter has been brought forward, and +considerable improvements have been attempted by the introduction of +official facts, and authentic details calculated to elucidate and +explain the general system first placed by the Author under the review +of the Public. Their extensive approbation (although his only reward) +is of a nature which can never be too highly estimated. That +approbation has not only been confirmed by many of the first and most +respectable characters in these kingdoms, not less conspicuous for +talents and abilities than for that genuine patriotism which +distinguishes the good subject, and the valuable member of Society; +but also by several Foreigners eminent for learning and virtue. + +While we deplore the miserable condition of those numerous delinquents +who have unfortunately multiplied with the same rapidity that the +great wealth of the Metropolis has increased: while their errors and +their crimes are exposed only for the purpose of amendment: while the +tear of pity is due to their forlorn state, a prospect happily opens +through the medium of _the Report of the_ SELECT COMMITTEE _of the_ +HOUSE _of_ COMMONS, for the adoption of those remedies which will +unquestionably give a seasonable check to immorality and delinquency; +so as by their prevention not only to protect the rights of innocence, +but also increase the number of the useful members of the community, +and render punishments less frequent and necessary. + +To witness the ultimate completion of legislative arrangements, +operating so favourably to the immediate advantage and security of the +Metropolis, and extending also similar benefits to the country at +large, will prove to the Author of this Work a very great and genuine +source of happiness. + +To the Public, therefore, in general, and to the Legislature in +particular, does he look forward with confidence for that singular +gratification which, by giving effect to his well-meant endeavours for +the prevention of Crimes, will ultimately crown with success the +exertions he has used in the course of a very intricate and laborious +investigation, in which his only object has been the good of his +country. + + LONDON, + _1st January_, 1800. + + + + +PREFACE. + + +Police in this Country may be considered as a _new Science_; the +properties of which consist not in the Judicial Powers which lead to +_Punishment_, and which belong to Magistrates alone; but in the +PREVENTION and DETECTION OF CRIMES, and in those other Functions which +relate to INTERNAL REGULATIONS for the well ordering and comfort of +Civil Society. + +THE POLICE OF THE METROPOLIS, in every point of view, is a subject of +great importance to be known and understood; since every innocent and +useful Member of the Community has a particular interest in the +correct administration of whatever relates to the Morals of the +People, and to the protection of the Public against Fraud and +Depredation. + +Under the present circumstances of insecurity, with respect to +property and even life itself, this is a subject which cannot fail to +force itself upon the attention of all:--All are equally concerned in +the Information which this Work conveys; the chief part of the +details in which are entirely novel, not to be found in books, and +never laid before the Public through the medium of the Press, previous +to the first Publication of this Treatise. + +It may naturally be imagined, that such an accumulation of delinquency +systematically detailed, and placed in so prominent a point of view, +must excite a considerable degree of astonishment in the minds of +those Readers who have not been familiar with subjects of this nature; +and hence a desire may be excited to investigate how far the amazing +extent of the Depredations upon the Public here related, can be +reconciled to reason and possibility. + +Four years have, however, elapsed, since these details have been +before the Public, and they still stand on their original ground, +without any attempt which has come to the Author's knowledge, to +question the magnitude or the extent of the evil.--On the contrary, +new sources of Fraud and Depredation have been brought forward, +tending greatly to increase the general mass of Delinquency.[1] + +[Footnote 1: See Mr. Middleton's interesting Report on the County of +Middlesex, and the extracts from thence in Chapter III. of this +Work.] + +In revising the present Edition, the Author felt a strong impulse to +reduce his estimates; but after an attentive review of the whole, +excepting in the instances of the Depredations on Commercial Property, +(which have been greatly diminished by the establishment of a _Marine +Police_, applicable to that particular object,) he was unable to +perceive any ground for materially altering his original +calculations.--If some classes of Theft, Robbery, and Depredation, +have been reduced, others have been augmented; still leaving the +aggregate nearly as before. + +The causes of these extensive and accumulated wrongs being fully +explained, and accounted for, in various parts of the Work; a very +short recapitulation of them is, therefore, all that is necessary in +this Preface. + +The enlarged state of Society, the vast extent of moving property, and +the unexampled wealth of the Metropolis, joined to the depraved habits +and loose conduct of a great proportion of the lower classes of the +people; and above all, the want of an appropriate Police applicable to +the object of prevention, will, after a careful perusal of this work, +reconcile the attentive mind to a belief of the actual existence of +evils which could not otherwise have been credited.--Let it be +remembered also, that this Metropolis is unquestionably not only the +greatest Manufacturing and Commercial City in the world, but also the +general receptacle for the idle and depraved of almost every country; +particularly from every quarter of the dominions of the Crown--Where +the temptations and resources for criminal pleasures--Gambling, Fraud +and Depredation almost exceed imagination; since besides being the +seat of Government it is the centre of _fashion, amusements, +dissipation and folly_. + +Under such peculiar circumstances, while immorality, licentiousness +and crimes are known to advance in proportion to the excessive +accumulation of wealth, it cannot fail to be a matter of deep regret, +that in the progressive increase of the latter the means of checking +the rapid strides of the former have not been sooner discovered and +effectually applied. + +It is, however, earnestly to be hoped that it is not yet too +late.--Patriots and Philanthropists who love their country, and glory +in its prosperity, will rejoice with the Author in the prospect, that +the great leading features of improvement suggested and matured in the +present Edition of this Work will ultimately receive the sanction of +the Legislature. + +May the Author be allowed to express his conviction that the former +Editions of this book tended in no small degree, to remove various +misconceptions on the subject of Police: and at the same time +evidently excited in the public mind a desire to see such remedies +applied as should contribute to the improvement of the Morals of the +People, and to the removal of the danger and insecurity which were +universally felt to exist? + +An impression it is to be hoped is generally felt from the example of +the Roman Government, when enveloped in riches and luxury, that +National prosperity must be of short duration when public Morals are +too long neglected, and no effectual measures adopted for the purpose +either of checking the alarming growth of depravity, or of guarding +the rising generation against evil examples. + +It is by the general influence of good Laws, aided by the regulations +of an energetic Police, that the blessings of true Liberty, and the +undisturbed enjoyment of Property are secured. + +The sole object of the Author in pointing out the accumulated wrongs +which have tended in so great a degree to abridge this Liberty, is to +pave the way for the adoption of those practical remedies which he +has suggested, in conformity with the spirit of the Laws, and the +Constitution of the Country, for the purpose of bettering the state of +Society, and improving the condition of human life. + +If in the accomplishment of this object the Morals of the People shall +undergo a favourable change, and that species of comfort and security +be extended to the inhabitants of this great Metropolis, which has not +heretofore been experienced, while many evils are prevented, which in +their consequences threaten to be productive of the most serious +mischief, the Author of this Work will feel himself amply rewarded in +the benefits which the System he has proposed shall be found to confer +upon the Capital of the British Dominions, and on the Nation at +large. + + + + +_Preparing for the Press, by the Author of this Work._ + +A TREATISE + +ON + +_THE COMMERCE AND POLICE_ + +OF + +THE RIVER THAMES: + +CONTAINING + +AN HISTORICAL VIEW OF + +_THE TRADE OF THE PORT OF LONDON;_ + +THE DEPREDATIONS COMMITTED ON ALL PROPERTY IMPORTED AND EXPORTED +THERE; THE REMEDIES HITHERTO APPLIED; AND THE MEANS OF FUTURE +PREVENTION, BY A COMPLETE SYSTEM OF + +_RIVER-POLICE;_ + +WITH AN ACCOUNT OF + +_THE FUNCTIONS OF THE VARIOUS MAGISTRATES AND OTHERS_ + +EXERCISING OR CLAIMING JURISDICTION ON THE RIVER; + +AND OF THE + +_PENAL STATUTES AGAINST MARITIME OFFENCES_ + +OF EVERY DESCRIPTION. + +[_The above will be published in the course of the Spring, by_ JOS. +MAWMAN, _in the Poultry._] + + + + +_CONTENTS._ + + +CHAP. I. + +GENERAL VIEW OF EXISTING EVILS. + + PAGE + + _Ineffective System of Criminal Jurisprudence.--Facility + of eluding Justice.--Severity and inequality of + Punishments.--Necessity of revising our Penal + Code.--Certain dangerous Offences not punishable.--Receivers + of Stolen Property.--Extent of Plunder in the Metropolis, + &c.--Proposed Restrictions on Receivers.--Coiners and + Utterers of Base Money; the extent of their crimes.--Defects + in the mode of prosecuting Offenders.--Pardons.--Periodical + Discharges of Prisoners.--Summary of the causes of the + present inefficacy of the Police, under nine different heads._ 1 + + +CHAP. II. + +ON THE SYSTEM OF PUNISHMENTS: THEORETICALLY CONSIDERED. + + _The mode of ascertaining the Degrees of Punishment.--The + object to be considered in inflicting Punishments--Amendment, + Example, and Retribution.--In order to render Criminal + Laws perfect, prevention ought to be the great object of + the Legislature.--General Rules suggested for attaining this + object.--Reflections on the Punishments authorised by the + English Laws, and their disproportion.--The necessity of + enforcing the observance of religious and moral Virtue.--The + leading Offences made Capital by the Laws of England + considered, with the Punishments allotted to each; compared + with, and illustrated by, the Custom of other Countries; + with Reflections.--The Code of the Emperor_ JOSEPH _the + Second, shortly detailed.--Reflections thereon._ 29 + [Transcriber's Note: should be p. 28] + + +CHAP. III. + +THE CAUSE AND PROGRESS OF SMALL THEFTS. + + _The numerous Receivers of Stolen Goods, under the + denomination of Dealers in Rags, Old Iron, and other + Metals.--The great Increase of these Dealers of late + years.--Their evil tendency, and the absolute necessity + of restraining them by Law.--Petty Thefts in the Country + round the Metropolis.--Workhouses the causes of + Idleness.--Commons.--Cottagers.--Gypsies.--Labourers + and Servants.--Thefts in Fields and Gardens.--Frauds in + the Sale and Adulteration of Milk._ 74 + + +CHAP. IV. + +ON BURGLARIES AND HIGHWAY ROBBERIES. + + _These Crimes more peculiar to England than to + Holland and Flanders, &c.--A General View + of the various classes of Criminals engaged in + these pursuits, and with those discharged from + Prisons and the Hulks, without the means of + support.--The necessity of some antidote previous + to the return of Peace.--Observations on + the stealing Cattle, Sheep, Corn, &c.--Receivers + of Stolen Goods, the nourishers of every + description of Thieves.--Remedies suggested, by + means of detection and prevention._ 93 + + +CHAP. V. + +ON CHEATS AND SWINDLERS. + + _A considerable check already given to the higher + class of Forgeries, by shutting out all hopes of + Royal Mercy.--Petty Forgeries have, however, + encreased.--The qualifications of a Cheat, + Swindler and Gambler.--The Common and + Statute Law applicable to Offences of this + nature, explained.--Eighteen different classes + of Cheats and Swindlers, and the various tricks + and devices they pursue.--Remedies proposed._ 110 + + +CHAP. VI. + +ON GAMING AND THE LOTTERY. + + _The great anxiety of the Legislature to suppress + these Evils, which are however encouraged by + high sounding names, whose houses are opened + for purposes odious and unlawful.--The civil + Magistrate called upon to suppress such mischiefs.--The + danger arising from such Seminaries.--The + evil tendency of such examples to + Servants and others.--A particular statement + of the proceedings of a confederacy of Persons + who have set up Gaming-Houses as regular + Partnership-Concerns, and of the Evils resulting + therefrom.--Of Lottery Insurers of the + higher class.--Of Lottery Offices opened for + Insurance.--Proposed Remedies.--Three Plans + for drawing the Lottery so as to prevent all + Insurance._ 133 + + +CHAP. VII. + +ON THE COINAGE OF COUNTERFEIT MONEY. + + _The Causes of the enormous increase of this Evil + of late years.--The different kinds of false coin + detailed.--The process in fabricating each + Species.--The immense profits arising therefrom.--The + extensive Trade in sending base Coin to + the Country.--Its universal circulation in the + Metropolis.--The great grievance arising from + it to Brewers, Distillers, Grocers, and all Retail + Dealers, as well as to the Labouring Poor.--Counterfeit + Foreign Money extremely productive + to the Dealers.--A summary View of the Causes + of the Mischief.--The Defects in the present + Laws explained:--And a Detail of the Remedies + proposed to be provided by the Legislature._ 171 + + +CHAP. VIII. + +ON RIVER PLUNDER. + + _The magnitude of the Plunder of Merchandize + and Naval Stores on the River Thames.--The + wonderful extent and value of the Floating Property, + laden and unladen, in the Port of London + in the course of a year.--The modes heretofore + pursued in committing depredations through + the medium of various classes of Criminals, denominated + River Pirates:--Night Plunderers:--Light + Horsemen:--Heavy Horsemen:--Game Watermen:--Game + Lightermen:--Mudlarks:--Game Officers of the + Revenue:--And Copemen, or Receivers of Stolen + Property.--The effects of the Marine Police + Institution in checking these Depredations.--The + advantages which have already resulted to Trade and + the Revenue from this system partially tried.--The + further benefits to be expected from Legislative + Regulations, extending the System to the whole + Trade of the River._ 213 + + +CHAP. IX. + +ON PLUNDER IN THE DOCK-YARDS, &C. + + _Reflections on the causes of this Evil.--Summary + view of the means employed in its perpetration.--Estimate + of the Public Property exposed to Hazard.--A Statement of + the Laws at present in force for its protection:--Proofs + adduced of their deficiency.--Remedies proposed and + detailed, viz:--1st. A Central Board of Police.--2d. + A Local Police for the Dock-yards.--3d. Legislative + Regulations in aid thereof.--4th. Regulations respecting + the sale of Old Stores.--5th. The Abolition of the + Perquisite of Chips.--6th. The Abolition of Fees and + Perquisites, and liberal Salaries in lieu thereof.--7th. + An improved Mode of keeping Accounts.--8th. An annual + Inventory of Stores in hand.--Concluding Observations._ 249 + + +CHAP. X. + +ON THE RECEIVERS OF STOLEN GOODS. + + _Receivers more mischievous than Thieves.--The + increase of their number to be attributed to the + imperfection of the Laws, and to the disjointed + state of the Police of the Metropolis.--Thieves + in many instances, settle with Receivers before + they commit Robberies--Receivers always benefit + more than Thieves:--Their profit immense:--They + are divided into two Classes:--The immediate + Receivers connected with Thieves, and those who + keep shops and purchase from Pilferers in the way + of Trade:--The latter are extremely numerous.--The + Laws are insufficient effectually to reach either + class.--The existing statutes against Receivers + examined and briefly detailed, with Observations + thereon.--Amendments and Improvements suggested + with means to ensure their due execution._ 288 + + +CHAP. XI. + +ON THE ORIGIN OF CRIMINAL OFFENCES. + + _The increase of Crimes imputed to deficient + Laws and an ill-regulated Police:--To the + habits of the Lower Orders in feeding their + families in Alehouses:--To the bad Education + of Apprentices:--To the want of Industry:--To + idle and profligate menial Servants out of + Place:--To the Lower Orders of the Jews, of the + Dutch and German Synagogues; To the depraved + Morals of aquatic Labourers:--To the Dealers in + Old Metals, Furniture, Clothes, &c.--To + disreputable Pawnbrokers:--And finally, to + ill-regulated Public Houses.--Concluding + Reflections._ 310 + + +CHAP. XII. + +THE ORIGIN OF CRIMES CONTINUED: FEMALE PROSTITUTION. + + _The pitiable condition of the unhappy Females, who + support themselves by Prostitution:--The progress + from Innocence to Profligacy.--The morals of Youth + corrupted by the multitude of Prostitutes in the + streets.--The impossibility of preventing the existence + of Prostitution in a great Metropolis.--The Propriety + of lessening the Evil, by stripping it of its Indecency + and much of its immoral tendency.--The advantages of + the measure in reducing the mass of Turpitude.--Reasons + offered why the interests of Morality and Religion + will thus be promoted.--The example of Holland, Italy, + and the East-Indies quoted.--Strictures on the offensive + manners of the Company who frequent Public Tea + Gardens:--These places under a proper Police might be + rendered beneficial to the State.--Ballad-Singers--Immoral + Books and Songs--Necessity of Responsibility for the + execution of the Laws attaching somewhere._ 334 + [Transcriber's Note: should be p. 333] + + +CHAP. XIII. + +THE ORIGIN OF CRIMES CONTINUED: STATE OF THE POOR. + + _The System with respect to the Casual Poor + erroneous.--The effect of Indigence on the + Offspring of the Sufferers.--Estimate of the + private and public Benevolence amounting to + 850,000l. a year.--The deplorable state of + the Lower Ranks, attributed to the present + System of the Poor Laws.--An Institution to + inquire into the cause of Mendicity in the + Metropolis explained.--A new System of Relief + proposed with respect to Casual Poor, and + Vagrants in the Metropolis.--The distinction + between Poverty and Indigence.--The Poor + divided into five classes, with suggestions applicable + to each.--The evil Examples in Work-Houses.--The + stat. of 43 Eliz. considered.--The defective system + of Execution exposed.--A Public Institution + recommended in the nature of a Pauper Police, + under the direction of three Commissioners:--Their + Functions.--A proposition for raising a fund of + 5230l. from the Parishes for the support of the + Institution, and to relieve them from the Casual + Poor.--Reasons why the experiment should be + tried.--Assistance which might be obtained from + Gentlemen who have considered this subject fully._ 351 + + +CHAP. XIV. + +ON THE DETECTION OF OFFENDERS. + + _The present state of the Police on this subject + explained.--The necessity of having recourse to + known Receivers.--The great utility of Officers + of Justice.--The advantages of rendering them + respectable in the opinion of the Public.--Their + powers by the common and statute Law.--Rewards + granted to Officers in certain cases of + Conviction.--The Statutes quoted, applicable to + such rewards.--The utility of parochial Constables, + under a well-organized Police.--A Fund for this + purpose might arise from the reduction of the + expences of the Police, by the diminution of + Crimes.--The necessity of a competent Fund.--A new + System for prevention and detection of Crimes + proposed.--The functions of the different classes + of Officers.--Salaries necessary to all.--Improvements + in the system of Rewards suggested.--1040 Peace-Officers + in the Metropolis and its vicinity, of whom only + 90 are stipendiary Constables.--Defects and abuses + in the system of the Watch explained.--A general + Plan of Superintendance suggested.--A view of the + Magistracy of the Metropolis.--The inconvenience + of the present System._ 381 + + +CHAP. XV. + +ON THE PROSECUTION OF OFFENDERS. + + _The prevailing Practice when Offenders are brought + before Magistrates.--The duty of Magistrates in such + cases.--Professed Thieves seldom intimidated when put + upon their Trial, from the many chances they have of + escaping.--These Chances shortly detailed.--Reflections + on false Humanity towards Prisoners.--The delays and + expences of Prosecutions a great discouragement to + Prosecutors.--An account of the different Courts of + Justice, for the trial of Offences committed in the + Metropolis.--Five inferior and two superior Courts.--A + statement of Prisoners convicted and discharged in one + year.--Reflections thereon.--The advantage which would + arise from the appointment of a Public Prosecutor, in + remedying Abuses in the Trial of Offenders.--From 2500 + to 3000 Persons committed for trial, by Magistrates, + in the course of a year.--The chief part afterwards + returned upon Society._ 422 + [Transcriber's Note: should be p. 421] + + +CHAP. XVI. + +ON THE SYSTEM OF PUNISHMENTS: CONSIDERED PRACTICALLY. + + _The mode authorised by the Ancient Laws.--The period + when Transportation commenced.--The principal Crimes + enumerated which are punishable with Death.--Those + punishable by Transportation and Imprisonment.--Number + of Persons tried compared with those discharged.--The + system of Pardons examined; and Regulations suggested.--An + historical Account of the rise and progress of + Transportation.--The system of the Hulks; and the Laws + as to provincial and national Penitentiary Houses.--Number + of the Convicts confined in the Hulks for twenty-two + years.--The enormous expence of maintenance and inadequate + produce of their Labour.--The impolicy of the System.--The + system of Transportation to New South Wales examined, and + Improvements suggested.--Erection of National Penitentiary + Houses recommended.--The National Penitentiary House + (according to the Proposal of_ Jeremy Bentham, _Esq.) + considered:--Its peculiar advantages with respect to + Health, productive Labour, and Reformation of + Convicts.--General Reflections on the means of rendering + Imprisonment useful._ 435 + [Transcriber's Note: should be p. 434] + + +CHAP. XVII. + +CRIMINAL POLICE OF THE METROPOLIS. + + _The Police of the Metropolis examined, and its + Organization explained.--The utility of the + system, established in 1792 examined and explained.--Its + great deficiency from the want of Funds to reward + Officers for the detection and punishment of + Offenders.--Suggestions relative to stipendiary + Justices, and the benefits likely to result from + their exertions in assisting the City Magistrates.--The + vast labour and weight of duty attached to the chief + Magistrate and Aldermen in London.--The benefits to + result from Established Police Magistrates exemplified + by the System already adopted under the Act of 1792.--The + advantages which would arise from the various remedies + proposed in the course of this Work, only of a partial + nature, for want of a centre-point and superintending + Establishment.--The ideas of Foreigners on the Police + of the Metropolis.--Observations on the Old Police of + Paris, elucidated by Anecdotes of the Emperor_ JOSEPH II. + _and Mons. de_ Sartine.--_A Central Board of Commissioners + for managing the Police, peculiarly necessary on the + return of Peace.--This measure recommended by the + Finance Committee._ 501 + + +CHAP. XVIII. + +PROPOSED SYSTEM OF CRIMINAL POLICE. + + _A Proposition to consolidate the two Boards of + Hawkers and Pedlars, and Hackney Coaches, + into a Board of Police Revenue.--The whole + Revenue of Police from Fees, Penalties, and + Licence Duties, to make a common Fund.--Accounts + to be audited.--Magistrates to distribute + small Rewards.--A power to the Board + to make Bye Laws.--A concurrent Jurisdiction + recommended.--The Penitentiary House for + reforming Convicts.--Measures proposed after + the Board is established--namely, A Public + Prosecutor for the Crown:--A Register of + Lodging Houses--The Establishment of a + Police Gazette--Two leading Objects: the + prevention of Crimes; and raising a Revenue + for Police purposes.--The enumeration of the + Dealers, who are proposed to be licenced.--A + general View of the annual Expence of the + present and proposed Police System.--Suggestions + respecting a chain of connections with + Magistrates in the Country.--The Functions of + the proposed Central Board of Police.--Specification + of the Trades to be regulated and + licenced.--The advantages likely to result from + the adoption of the Plan._ 536 + [Transcriber's Note: should be p. 535] + + +CHAP. XIX. + +MUNICIPAL POLICE OF THE METROPOLIS. + + _Extent and Opulence of the City of London, its + Streets, Lanes, Allies, Courts and Squares + estimated at 8000.--Churches, &c. 400.--Seminaries + for Education 4000.--The various Institutions and + Societies for Learning, for the fine Arts, and for + charitable and humane Purposes.--The Courts of + Law.--The Prisons--Suggestions as to improving the + System of Imprisonment for Debt, particularly as + relates to Small Debts: and as to dividing the + judicial and ministerial Labours among more + Officers.--The internal or municipal Regulations + established in the Metropolis by several Statutes; + respecting Paving--Watching--Sewers--Hackney + Coaches--Carts--Watermen--and Buildings.--Necessity + of rendering these Laws uniform and coextensive, so as + to consolidate the System of Municipal Police.--Expence + calculated at 1,000,000l. a year.--Suggestions for + reducing it.--The present Epoch calls for Improvements._ 567 + [Transcriber's Note: should be p. 565] + + +CHAP. XX. + +CONCLUSION. + + _A summary View of the Evils detailed in the + preceding Chapters.--Arguments in favour of + a more energetic Police as the only means of + remedying these Evils.--A general View of the + estimated Depredations annually in the Metropolis + and its Vicinity; amounting in all to Two + Millions sterling.--A View of the Remedies + proposed--1st. With respect to the Corruption + of Morals.--2d. The means of preventing + Crimes in general.--3d. Offences committed on + the River Thames.--4th. Offences in the Public + Arsenals and Ships of War.--5th. Counterfeiting + Money and fabricating Bank Notes.--6th. + Punishments.--7th. Further advantages + of an improved System of Police.--Concluding + Reflections._ 602 + + + + +A + +TREATISE, &c. + + + + +CHAPTER I. + + _A general view of the Evils existing in the Metropolis, and + the causes from which they arise.--Necessity of a + well-regulated Police.--Ineffective system of Criminal + Jurisprudence.--Facility of eluding Justice. Severity and + inequality of Punishments.--Necessity of revising our Penal + Code.--Certain dangerous Offences not punishable.--Receivers + of stolen property.--Extent of plunder in the Metropolis, + &c.--Proposed restrictions on Receivers.--Coiners and + Utterers of Counterfeit Money; the extent of their + crimes.--Defects in the mode of prosecuting + Offenders.--Pardons.--Periodical discharges of + Prisoners.--Summary of the causes of the present inefficacy + of the Police, under nine different heads._ + + +Next to the blessings which a Nation derives from an excellent +Constitution and System of general Laws, are those advantages which +result from a well-regulated and energetic plan of Police, conducted +and enforced with purity, activity, vigilance, and discretion. + +Upon this depends, in so great a degree, the comfort, the happiness, +and the true liberty and security of the People, that too much labour +and attention cannot possibly be bestowed in rendering complete the +domestic administration of Justice in all cases of criminal +delinquency. + +That much remains to be done in this respect no person will deny; all +ranks must bear testimony to the dangers which both life and property +are at present subjected to by the number of criminal people, who, +from various causes (which it is the object of the Writer of these +pages to explain), are suffered with impunity to repeat acts of +licentiousness and mischief, and to commit depredations upon +individuals and the Public. + +In vain do we boast of those liberties which are our birthright, if +the vilest and most depraved part of the Community are suffered to +deprive us of the privilege of travelling upon the highways, or of +approaching the Capital in any direction after dark, without risk of +being assaulted, and robbed; and perhaps wounded or murdered. + +In vain may we boast of the security which our Laws afford us, if we +cannot lie down to rest in our habitations, without the dread of a +burglary being committed, our property invaded, and our lives exposed +to imminent danger before the approach of morning. + +Imperfect must be either the plan or the execution, or both, of our +Criminal Code, if crimes are found to increase; if the moral +principle ceases to be a check upon a vast proportion of the lower +ranks of the People; and if small thefts are known to prevail in such +a degree, as to affect almost all ranks of the Community who have any +property to lose, as often as opportunities occur, whereby pilfering +in a little way can be effected without detection. + +If, in addition to this, the peace of Society can, on every specious +pretence, be disturbed by the licentious clamours or turbulent +effusions arising from the ill-regulated passions of vulgar life, +surely it becomes an interesting inquiry, worthy the attention of +every intelligent member of the Community, _from what source spring +these numerous inconveniences; and where is a remedy to be found for +so many accumulated evils_? + +In developing the causes which have produced that want of security, +which it is believed prevails in no other civilised country in so +great a degree as in England, it will be necessary to examine how far +the System of Criminal Jurisprudence has been, hitherto, applicable to +the prevention of crimes. + +If we look back to the measures pursued by our ancestors two centuries +ago, and before that period, we shall find that many wholesome laws +were made with a view to prevention, and to secure the good behaviour +of persons likely to commit offences. Since that aera in our history, a +different plan has been pursued. Few regulations have been established +to restrain vice, or to render difficult the commission of crimes; +while the Statute Books have been filled with numerous Laws, in many +instances doubtfully expressed, and whose leading feature has +generally been severe punishment. These circumstances, aided by the +false mercy of Juries in cases of slight offences, have tended to let +loose upon Society a body of criminal individuals, who under a better +Police--an improved system of Legislation, and milder punishments,--might, +after a correction in Penitentiary Houses, or employment in out-door +labour, under proper restraints, have been restored to Society as +useful members. + +As the Laws are at present administered, it is a melancholy truth not +to be contradicted, that the major part of the criminals who infest +this Metropolis, although committed by magistrates for trial on very +satisfactory proof, are returned upon the Public in vast numbers year +after year; encouraged to renew their former practices, by the +facility they experience in evading justice. + +But this is not all:--The adroit Thief and Receiver, availing +themselves of their pecuniary resources, often escape, from their +knowledge of the tricks and devices which are practised, through the +medium of disreputable practitioners of the Law; while the novices in +delinquency generally suffer the punishment attached to conviction. +If, as is the case in some other countries, evidence were allowed to +be received of the general character of persons, put upon their trial +for offences, and the means by which they obtain their subsistence, +so as to distinguish the old reputed Thief and Receiver from the +novice in crimes, the minds of Jurymen would be often enlightened, to +the furtherance of substantial justice; and a humane and proper +distinction might be made between the young pupil of depravity, and +the finished villain; as well in the measure of punishment, as in the +distribution of mercy. + +The severity of the punishment, which at present attaches to crimes +regarded by mankind as of an inferior nature, and which affect +property in a trivial manner, is also deserving the most serious +attention. It is only necessary to be acquainted with the modern +history of the _criminal prosecutions, trials, acquittals, and pardons +in this country_, in order to be completely convinced that the +progressive increase of delinquents, and the evils experienced by +Society from the multitude of petty crimes, result in a great measure +from this single circumstance. + +It will scarcely be credited by those, whose habits of life do not +permit them to enter into discussions of this sort, that by the Laws +of England, there are above _one hundred and sixty_ different offences +which subject the parties who are found guilty, to death without +benefit of Clergy. This multiplicity of capital punishments must, in +the nature of things, defeat those ends, the attainment of which ought +to be the object of all Law, namely, _The Prevention of Crimes_. + +In consequence of this severity, (to use the words of an admired +Writer,) "The injured, through compassion, will often forbear to +prosecute: Juries, through compassion, will sometimes forget their +oaths, and either acquit the guilty or mitigate the nature of the +offence: and Judges, through compassion, will respite one half the +convicts, and recommend them to Royal Mercy."[2] + +[Footnote 2: Blackstone's Commentaries.] + +The Roman Empire never flourished so much as during the aera of the +Portian Law, which abrogated the punishment of death for all offences +whatsoever. When severe punishments and an incorrect Police were +afterwards revived, the Empire fell. + +It is not meant, however, to be insinuated that this would be, +altogether, a proper system of Criminal Jurisprudence to be adopted in +modern times. + +In the present state of society it becomes indispensably necessary, +that offences, which in their nature are highly injurious to the +Public, and where no mode of prevention can be established, should be +punished by the forfeiture of life; but these dreadful examples should +be exhibited as seldom as possible: for while on the one hand, such +punishments often defeat the ends of Justice, by their not being +carried into execution; so on the other, by being often repeated, they +lose their effect upon the minds of the People.[3] + +[Footnote 3: Can that be thought a correct System of Jurisprudence, +which inflicts the penalty of Death, for breaking down the mound of a +fish-pond, whereby the fish may escape; or cutting down a fruit-tree +in a garden or orchard; or stealing a handkerchief, or any trifle, +privately from a person's pocket, above the value of 12d;--while a +number of other crimes of much greater enormity, are only punished +with Transportation and Imprisonment; and while the punishment of +murder itself is, and can be, only Death; with a few circumstances of +additional ignominy?] + +However much we glory (and we ought to glory) in the general +excellence of our Criminal Law, yet there is no truth more clear and +obvious than this:--"That this code exhibits too much the appearance +of a heterogeneous mass, concocted too often on the spur of the +occasion (as Lord Bacon expresses it):--and frequently without that +degree of accuracy which is the result of able and minute discussion, +or a due attention to the revision of the existing laws; or how far +their provisions bear upon new and accumulated statutes introduced +into Parliament; often without either consideration or knowledge, and +without those precautions which are always necessary, when laws are to +be made which may affect the property, the liberty, and perhaps even +the lives of thousands." + +Some steps have indeed, been taken in Parliament, since this work +first appeared, towards a general revision of our Statute Law;[4] and +which, it is hoped, will ere long be adopted. Whenever the time shall +arrive that the existing laws, which form the present Criminal Code, +shall be referred to able and intelligent men effectually to revise, +consolidate, and adjust the whole, in a manner best suited to the +present state of Society and Manners, the investigation will +unquestionably excite no little wonder and astonishment. + +[Footnote 4: See the "Report from the Committee of the House of +Commons on Temporary Laws;" May 13, 1796--and also the "Report from +the Committee for promulgation of the Statutes," December 5, 1796; and +the "Resolutions of a Committee of the whole House," March 20, 1797.] + +Penal laws, which are either obsolete or absurd, or which have arisen +from an adherence to rules of Common Law when the reasons have ceased +upon which these rules are founded; and in short, all Laws which +appear not to be consonant to the dictates of truth and justice, the +feelings of Humanity, and the indelible rights of Mankind should be +abrogated and repealed.[5] + +[Footnote 5: Blackstone.] + +But the deficiency of the Criminal Code does not arise solely from an +erroneous and undigested scale of penalties and punishments. While on +the one hand, we have to lament the number of these applicable to +certain offences of a slight nature; we have equally to regret, that +there exist crimes of considerable enormity, for the punishment of +which the Law has made no provision. + +Among the most prominent of these crimes, may be ranked the receiving +_Cash or Specie, Bank-Notes_ or _Bills, knowing them to be stolen_. + +To this very high offence, in its nature so productive of mischief in +a Commercial Country, no punishment at all attaches; inasmuch as +_Specie, Notes and Bills_, are not considered for this purpose to be +_Goods and Chattels_; and the law only makes it a crime to receive +property so described. + +If therefore a notorious Receiver of stolen goods shall be convicted +of purchasing a glass bottle or a pewter pot, he is liable to be +punished severely; but if he receives ten or twenty thousand pounds in +_Cash_, _Bank Notes_, or _Bills_, he escapes with impunity![6] + +[Footnote 6: It is said the same construction of the Law has been made +with respect to the Offence of buying or receiving Horses, knowing +them to be stolen.] + +Innumerable almost are the other instances which could be collected +from Reporters of Criminal Cases, shewing the deficiency of the +Criminal Code; and in how many instances substantial justice is +defeated, and public wrongs are suffered to go unpunished, through the +objections and quibbles constantly raised in Courts of Justice; and +which are allowed to prevail, principally, for want of that revision +of our laws and those amendments which the present state of Society +and Commerce requires. + +One of the chief nurseries of Crimes is to be traced to the Receivers +of Stolen Property. + +Without that easy encouragement which these Receivers hold out, by +administering immediately to the wants of criminals, and concealing +what they purloin, a Thief, a Robber, or a Burglar, could not in fact, +carry on his trade. + +And yet, conclusive and obvious, as this remark must be, it is a +sorrowful truth, that in the Metropolis alone there are at present +supposed to be upwards of Three Thousand Receivers of various kinds +of stolen Goods; and an equal proportion all over the Country, who +keep open shop for the purpose of purchasing at an under-price--often +for a mere trifle,--every kind of property brought to them; from a +nail, or a glass bottle, up to the most valuable article either new or +old; and this without asking a single question. + +It is supposed that the property, purloined and pilfered in a little +way, from almost every family, and from every _house, stable, shop, +warehouse, workshop, foundery, and other repository_, in and about the +Metropolis, may amount to about L.700,000 in one year, exclusive of +depredations on ships in the River Thames, which, before the +establishment of the Marine Police System in June 1798, were estimated +at half a million more, including the stores and materials!--When to +this is also added the Pillage of his Majesty's stores, in ships of +war, Dock-yards, and other public repositories, the aggregate will be +found in point of extent, almost to exceed credibility! + +It is a melancholy reflection to consider how many individuals, young +and old, who are not of the class or description of common or even +repeated thieves, are implicated in this system of depredation; who +would probably have remained honest and industrious, had it not been +for the easy mode of raising money, which these numerous Receivers of +stolen goods hold out in every bye-street and lane in the Metropolis: +In their houses, although a beggarly appearance of old iron, old rags, +or second-hand clothes, is only exhibited, the back apartments are +often filled with the most valuable articles of ship-stores, +copper-bolts and nails, brass and other valuable metals, West-India +produce, household goods and wearing apparel; purchased from +artificers, labourers in the docks, lumpers, and others employed on +the River Thames, menial servants, apprentices, journeymen, porters, +chimney-sweepers, itinerant Jews, and others; who, thus encouraged and +protected, go on with impunity, and without the least dread of +detection, from the easiness of access, which their various +employments give them, plundering every article not likely to be +missed, in the houses or stables of men of property; or in the shops, +ware-houses, founderies, or work-shops of manufacturers; or from new +buildings; from ships in the river; nay even from his Majesty's +stores, and other repositories, so that in some instances, the same +articles are said to be sold to the Public Boards three or four times +over. + +Thus the moral principle is totally destroyed among a vast body of the +lower ranks of the People; for wherever prodigality, dissipation, or +gaming, whether in the Lottery or otherwise, occasions a want of +money, every opportunity is sought to purloin public or private +property; recourse is then had to all those tricks and devices, by +which even children are enticed to steal before they know that it is a +crime; and to raise money at the pawnbrokers, or the old iron or rag +shops, to supply the unlawful desires of profligate parents. + +Hence also, Servants, Apprentices, Journeymen, and in short all +classes of labourers and domestics, are led astray by the temptations +to spend money, which occur in this Metropolis; and by the facility +afforded through the numerous Receivers of stolen Goods, who +administer to their pecuniary wants, on every occasion, when they can +furnish them with any article of their ill-gotten plunder. + +The necessity of adopting some effectual regulations respecting the +numerous class of Dealers in old metal, stores, and wearing apparel, +is too obvious to require illustration; and the progressive +accumulation of these pests of Society is proved, by their having +increased, from about 300 to 3000, in the course of the last twenty +years, in the Metropolis alone! + +Similar regulations should also be extended to all the more latent +Receivers, who do not keep open shop; but secretly support the +professed Robbers and Burglars, by purchasing their plunder the moment +it is acquired: of which latter class there are some who are said to +be extremely opulent. + +It would by no means be difficult to form such a plan of Police as +should establish many useful restrictions, for the purpose of checking +and embarrassing these criminal people; so as to render it extremely +difficult, if not impracticable for them, in many instances, to carry +on their business without the greatest hazard of detection. + +But laws for this purpose must not be placed upon the Statute-Book as +a kind of dead letter, only to be brought into action when accident +may lead to the detection, perhaps of one in a thousand. If the evil +is to be cured at all, it must be by the promotion and encouragement +of an active principle, under proper superintendance, calculated to +prevent every class of dealers, who are known to live partly or wholly +by fraud, from pursuing those illegal practices; which nothing but a +watchful Police, aided by a correct system of restraints, can possibly +effect. + +Nor ought it to be argued, that the restraints, which may hereafter be +proposed, will affect the liberty of the Subject. They will assist and +protect the honest and fair dealer; and it is perfectly consistent +with the spirit of our ancient laws, to restrain persons from doing +evil, who are likely to commit offences; the restrictions can affect +only a very few, comparatively speaking; and those too whose criminal +conduct has been the principal, if not the sole cause, of abridging +the general liberty; while it subjected the great mass of the people +to the risk of their life and property. + +Whenever Dealers, of any description, are known to encourage or to +support crimes, or criminal or fraudulent persons, it becomes the +indispensable interest of the State, and the duty of the Legislators +to prevent them from pursuing, at least, the mischievous part of their +trade; and that provisions should be made for carrying the laws +strictly and regularly into execution. + +While restraints of a much severer nature than those which are +hereafter proposed, attach to all trades upon which a revenue is +collected; can it be considered as any infringement of freedom, to +extend a milder system to those who not only destroy liberty but +invade property? + +The present state of Society and Manners calls aloud for the adoption +of this principle of regulation, as the only practicable means of +preserving the morals of a vast body of the Community; and of +preventing those numerous and increasing crimes and misdemeanors, +which are ultimately attended with as much evil to the perpetrators as +to the sufferers. + +If such a principle were once established, under circumstances which +would insure a correct and regular execution; and if, added to this, +certain other practicable arrangements should take place, (which will +be discussed in their regular order in these pages,) we might soon +congratulate ourselves on the immediate and obvious reduction of the +number of Thieves, Robbers, Burglars, and other criminals in this +Metropolis, being no longer able to exist, or to escape detection. +Without the aid, the concealment, and the opportunities, afforded at +present by the multitude of Receivers spread all over the Capital, +they would be compelled to abandon their evil pursuits, as no less +unprofitable and hazardous, than they are destructive to the best +interests of Society. + +This indeed is very different from what is said to have once prevailed +in the Capital, when criminals were permitted to proceed from the +first stage of depravity until they were worth forty pounds.--This is +not the System which subjected the Public to the intermediate +depredations of every villain from his first starting, till he could +be clearly convicted of a capital offence.--Neither is it the System +which encouraged public houses of rendezvous for Thieves, for the +purpose of knowing where to apprehend them, when they became ripe for +the punishment of death. + +The System now suggested, is calculated to prevent, if possible, the +seeds of villainy from being sown; or, if sown, to check their growth +in the bud, and never permit them to ripen at all. + +It is proposed to extend this system of prevention to the Coiners, +Dealers, and Utterers of base Money; and to every species of theft, +robbery, fraud, and depredation. + +The vast increase, and the extensive circulation of counterfeit Money, +particularly of late years, is too obvious not to have attracted the +notice of all ranks. It has become an enormous evil in the melancholy +catalogue of Crimes which the Laws of the Country are called upon to +assist the Police in suppressing.--Its extent almost exceeds +credibility; and the dexterity and ingenuity of these counterfeiters +have, (after considerable practice,) enabled them to finish the +different kinds of base Money in so masterly a manner, that it has +become extremely difficult for the common observer to distinguish +their spurious manufacture from the worn-out Silver of the Mint.--So +systematic, indeed, has this nefarious traffic become of late, that +the great dealers, who, in most instances are the employers of the +Coiners, execute orders for the Town and Country, with the same +regularity as manufacturers in fair branches of trade. + +Scarcely a waggon or coach departs from the Metropolis, which does not +carry boxes and parcels of base Coin to the camps, sea-ports, and +manufacturing towns. In London, regular markets, in various public and +private houses, are held by the principal Dealers; where _Hawkers, +Pedlars, fraudulent Horse-Dealers, Unlicensed Lottery-Office-Keepers, +Gamblers at Fairs, Itinerant Jews, Irish Labourers, Servants of +Toll-Gatherers, and Hackney-Coach Owners, fraudulent Publicans, +Market-Women, Rabbit-Sellers, Fish-Cryers, Barrow-Women_, and many who +would not be suspected, are regularly supplied with counterfeit Copper +and Silver, with the advantage of nearly L.100 _per cent._ in their +favour; and thus it happens, that through these various channels, the +country is deluged with immense quantities of base Money, which get +into circulation; while an evident diminution of the Mint Coinage is +apparent to every common observer. + +It is impossible to reflect on the necessity to which all persons are +thus reduced, of receiving and again uttering, Money which is known to +be false and counterfeit, without lamenting, that by thus +familiarizing the mind to fraud and deception, the same laxity of +conduct may be introduced into other transactions of life:--The +barrier being broken down in one part, the principle of common honesty +is infringed upon, and infinite mischief to the very best interests of +Society, is the result, in cases at first unthought of. + +To permit, therefore, the existence of an adulterated, and +ill-regulated Silver and Copper Coinage, is in fact to tolerate +general fraud and deception, to the ultimate loss of many individuals; +for the evil must terminate at some period, and then thousands must +suffer; with this aggravation, that the longer it continues the +greater will be the loss of property. + +Nor has the mischief been confined to the counterfeiting the Coin of +the Realm. The avarice and ingenuity of man is constantly finding out +new sources of fraud; insomuch, that in London, and in Birmingham, and +its neighbourhood, Louis d'Ors, Half Johannas, French Half Crowns and +Shillings, as well as several coins of Flanders and Germany, and +Dollars of excellent workmanship, in exact imitation of the Spanish +Dollars issued from the Bank, in 1797, have been from time to time +counterfeited apparently without suspicion, that under the act of the +14th of Elizabeth, (cap. 3,) the offenders were guilty of misprision +of High Treason. + +These ingenious miscreants have also extended their iniquitous +manufacture to the coins of India; and a Coinage of the Star Pagoda of +Arcot was established in London for years by one person.--These +counterfeits, being made wholly of blanched copper, tempered in such a +manner as to exhibit, when stamped, the cracks in the edges, which are +always to be found on the real Pagoda, cost the maker only Three +Half-pence each, after being double gilt.--When finished, they are +generally sold to Jews at Five Shillings a dozen, who disposed of them +afterwards at 2_s._ 3_s._ or even 5_s._ each; and through this medium, +they have been introduced by a variety of channels into India, where +they were mixed with the real Pagodas of the country, and passed at +their full denominated value of Eight Shillings sterling. + +The Sequins of Turkey, another Gold Coin, worth about five or six +shillings, have in like manner been counterfeited in London;--Thus the +national character is wounded, and the disgrace of the British name +proclaimed in Asia, and even in the most distant regions of India. Nor +can it be sufficiently lamented that persons who consider themselves +as ranking in superior stations of life, with some pretensions to +honour and integrity, have suffered their avarice so far to get the +better of their honesty, as to be concerned in this iniquitous +traffic. + +It has been recently discovered that there are at least 120 persons in +the Metropolis and the Country, employed principally in coining and +selling base Money; and this, independent of the numerous horde of +Utterers, who chiefly support themselves by passing it at its full +value. + +It will scarcely be credited, that of Criminals of this latter class +who have either been detected, prosecuted, or convicted, within the +last seven years, there stand upon the Register of the Solicitor to +the Mint, more than 650 names!--And yet the mischief is not +diminished. When the Reader is informed, that two persons can finish +from L.200 to L.300 (nominal value,) in base silver in _six days_; and +that three people, within the same period, will stamp the like amount +in Copper, and takes into the calculation the number of known Coiners, +the aggregate amount in the course of a year will be found to be +immense. + +The causes of this enormous evil are, however, easily developed.--The +principal laws relative to Counterfeit Coin having been made a Century +ago, the tricks and devices of modern times are not sufficiently +provided against;[7] when it is considered also, that the offence of +dealing in base Money, (which is the main spring of the evil,) is only +punishable by a slight imprisonment; that several offences of a +similar nature are not punishable at all, by any existing statute; and +that the detection of actual Coiners, so as to obtain the proof +necessary for conviction, required by Law, is, in many instances, +impracticable; it is not to be wondered at, where the profit is so +immense, with so many chances of escaping punishment, that the coinage +of, and traffic in, counterfeit Money has attracted the attention of +so many unprincipled and avaricious persons. + +[Footnote 7: The partial remedy applied to some of these evils by +Statutes passed since the former Edition of this Work, shall be +noticed in a subsequent Chapter dedicated to the subject of Coinage.] + +Having thus stated many prominent abuses which appear to arise from +the imperfections in our Criminal Code, as well as the benefits which +an improved system would extend to the country; it now remains to +elucidate the further evils arising to Society, from the abuses +practised in carrying the existing statutes into execution.--As the +laws now stand, little or no energy enters into the system of +detection, so as to give vigor and effect to that branch of Police +which relates to the apprehension of persons charged with offences; +and no sooner does a Magistrate commit a hacknied Thief or Receiver of +stolen Goods, a Coiner, or Dealer in base Money, or a Criminal charged +with any other fraud or offence punishable by law, than recourse is +immediately had to some disreputable Attorney, whose mind is made up +and prepared to practise every trick and device which can defeat the +ends of substantial justice. Depraved persons, frequently accomplices, +are hired to swear an _alibi_; witnesses are cajoled, threatened, or +bribed either to mutilate their evidence, or to speak doubtfully on +the trial, although they swore positively before the committing +Magistrate. + +If bribes and persuasions will not do, the prosecutors are either +intimidated by the expence,[8] or softened down by appeals to their +humanity; and under such circumstances, they neither employ counsel +nor take the necessary steps to bring forward evidence: the result is, +that the Bill is either returned _ignoramus_ by the Grand Jury; or, if +a trial takes place, under all the disadvantages of a deficient +evidence, without a counsel for the prosecution, an advocate is heard +for the prisoner, availing himself of every trifling inaccuracy which +may screen his client from the punishment of the Law, the hardened +villain is acquitted and escapes justice: while, as we before noticed, +the novice in crimes, unskilled in the deficiencies of the Law, and +unable, from the want of criminal connections, or that support which +the professed thief receives from the Buyers of stolen goods, to +procure the aid of counsel to defend him, _is often convicted_! + +[Footnote 8: No hardship can be so great as that of subjecting an +individual, under any circumstance whatsoever, to the expence of a +public prosecution, carried on in behalf of the King: Besides adding, +almost on every occasion, to the loss of the parties, it is productive +of infinite mischief, in defeating the ends of Justice.] + +The Registers of the Old Bailey afford a lamentable proof of the evils +arising from the present mode of trying criminals without a public +Prosecutor for the Crown.--In the course of seven years, previous to +the Police Establishment, no less than 4262 prisoners, who had been +actually put upon their trial by the Grand Jury, were let loose upon +the Public by acquittals. + +Since that period no material diminution has taken place, except what +may be easily accounted for by the war; and when to this dreadful +Catalogue of Human Depravity, is to be added, the vast number of +criminals who are periodically discharged from the different gaols by +proclamation, and of cheats, swindlers, gamblers, and others, who have +never yet been discovered or known, we may state with certainty that +there are at this time _many thousand_ individuals, male and female, +prowling about in this Metropolis, who principally support themselves +by various depredations on the Public. + +Nor does the evil rest here; for even convicted felons, in too many +instances, find means to escape without punishment; and to join that +phalanx of villains, who are constantly engaged in objects of +depredation and mischief. + +No sooner does the punishment of the law attach on a criminal, than +false humanity becomes his friend. Pardons are applied for; and it is +known that his Majesty's great goodness and love of mercy has been +frequently abused by the tricks, devices, and frauds, too commonly +resorted to, by convicts and agents equally depraved as themselves; +who while they have recourse to every species of falsehood and +forgery, for the purpose of attaining the object in view, at the same +time plunder the friends and relatives of the prisoner, of their last +guinea, as the wages of villainy and misrepresentation. + +By such nefarious practices, it is much to be feared, that many a +hardened villain has eluded the punishment of the Law, without any +previous reference to the committing Magistrates, who may be supposed +to have accurately examined into his character and connections; and +what is still worse, without extending to the Community those benefits +which might arise from important discoveries useful to Public Justice; +such as convicted felons are always capable of making, and which, in +conjunction with transportation, it should seem, ought to be one +indispensable condition, upon which pardons should be granted to +capital convicts. + +Instead of these precautions which appear to be absolutely requisite, +it is to be lamented, that without reflecting that a common thief can +seldom be restrained by military discipline, many of the worst class +of convicts have received his Majesty's gracious pardon, on the simple +condition of going into the Army or Navy: This has been no sooner +granted, than the Royal Mercy has been abused, either by desertion, or +by obtaining a discharge, in consequence of some real or pretended +incapacity, which was previously concealed. Relieved in so easy a +manner, from the heavy load of a capital punishment, the culprits +return again to their old practices; and by this means, punishment not +only ceases to operate as a prevention of crimes, by example, but +becomes even an encouragement; while the labour of detection, and the +expence of trial and conviction, are fruitlessly thrown on an injured +individual, and their effect is wholly lost to the Public. + +In addition to the enormous evil arising from the periodical discharge +of so many criminals by proclamations, acquittals, and pardons; _the_ +HULKS also send forth, at stated times, a certain number of convicts; +who having _no asylum_, _no home_, _no character_, and _no means of +subsistence_, seem to have only the alternative of starving, or +joining their companions in iniquity; thus adding strength to the body +of criminals, by the accession of men, who, polluted and depraved by +every human vice, rendered familiar to their minds in those seminaries +of profligacy and wickedness from whence they have come, employ +themselves constantly in planning and executing acts of violence, and +depredation upon the Public; and some of them, rendered desperate from +an additional degree of depravity, feel no compunction in adding the +crimes of murder to that of robbery, as has been too clearly +manifested by many late instances. + +From what has been thus stated, is it not fair to conclude, that the +want of security which the Public experiences with regard to life and +property, and the inefficacy of the Police in preventing crimes, are +to be attributed principally to the following causes? + + 1. _The imperfections in the Criminal Code; and in many + instances, its deficiency, with respect to the mode of + punishment; as well as to the want of many other + regulations, provisions, and restraints, applicable to the + present of Society, for the purpose of preventing crimes._ + + 2. _The want of an active principle, calculated to + concentrate and connect the whole Police of the Metropolis + and the Nation; and to reduce the general management to + system and method, by the interposition of a superintending + agency, composed of able, intelligent, and indefatigable men, + acting under the direction and controul of his Majesty's + Principal Secretary of State for the Home Department.--On + these persons, it is proposed, should devolve the subordinate + care and direction of the general Police of the Metropolis; + so as to obtain, by the introduction of order and + arrangement, and by efforts of labour and exertion, a + complete History of the connections, and pursuits of all or + most of the criminal and fraudulent persons who resort to the + Metropolis; (either natives or foreigners;) forming, from + such materials, a Register of all known offenders, and + thereby establishing a clue for their detection, as often as + they are charged with committing depredations on the + Public--with power to reward Officers of Justice, and all + other persons whose services are found to be useful in the + discovery or detection of delinquents of every + description.--To keep an Account of property stolen, or + procured by swindling or fraudulent transactions in the + Metropolis, as well as in other parts of Great-Britain:--To + establish a Correspondence with the Magistrates in Town and + Country, so as to be able more effectually to watch the + motions of all suspected persons; with a view to quick and + immediate detection; and to interpose such embarrassments in + the way of every class of offenders, as may diminish crimes + by increasing the risk of detection: All this, under + circumstances where a_ centre-point would be formed, _and the + general affairs of the Police conducted with method and + regularity:--where Magistrates would find assistance and + information; where the greater offences, such as the_ Coinage + of base Money, _and_ Lottery Insurances, _would be traced to + their source; the care and disposal of convicts, according to + their different sentences, be minutely attended to; and the + whole System conducted with that intelligence and benefit to + the Country, which must arise from the attention of men of + business being directed solely to these objects, distinct + from all other affairs of State; and their exertions being + confined principally to the preservation of the morals of the + People, and the prevention of crimes._ + + 3. _The want of an Institution of Police Magistrates in the + Dock Yards, and in all great Commercial and Manufacturing + Towns, where there are no Corporations or Funds for the + administration of Public Justice._ + + 4. _The want of a Public Prosecutor for the Crown, in all + criminal cases, for the purpose of preventing fraud, delay + and expence in the administration of Justice._ + + 5. _The want of a more correct and regular System, for the + purpose of obtaining the fullest and most authentic + information, to avoid deceptions in the obtaining of + pardons._ + + 6. _The deficiency of the System of the_ Hulks. + + 7. _The want of an improved System with regard to the + arrangements and disposal of Convicts--destined for hard + labour or for transportation._ + + 8. _The want of national_ Penitentiary Houses, _for the + punishment and reformation of certain classes of Convicts._ + + 9. _The want of a more solemn mode of conducting Executions; + whenever such dreadful examples are necessary for the + furtherance of Public Justice._ + +Having thus explained the general features of the actually existing +_Crimes_, and their probable causes, we shall in the next place +proceed to some considerations on the present principles of +_Punishment_ in this Country, as compared with those in other Nations +and ages. It will then be requisite to enter into particular and +minute details on both these subjects; and to offer some suggestions +for the introduction of new and applicable laws to be administered +with purity under a correct and energetic System of Police; which may +be, in some degree, effectual in guarding the Public against those +increasing and multifarious injuries and dangers, which are +universally felt and lamented. + + + + +CHAP. II. + + _Of Punishments in general.--The mode of ascertaining the + degrees of Punishment.--The objects to be considered in + inflicting Punishments--namely, Amendment--Example--and + Retribution.--The Punishment of Death has little effect on + hardened Offenders.--Examples of convicts exhibited in + servile employments would make a greater + impression.--Towards the rendering criminal laws perfect, + Prevention ought to be the great object of the + Legislature.--General Rules suggested for attaining this + object, with illustrations.--The severity of our laws with + respect to Punishments--not reconcileable to the principles + of morality, and a free government--calculated in their + operation to debase the human character.--General + Reflections on the Punishments authorised by the English + Law.--The disproportion of Punishments, exemplified in the + case of an assault, opposed to a larceny.--In seduction and + adultery, which are not punishable as criminal + offences.--The laws severe in the extreme in political + offences, while they are lax and defective with regard to + moral Crimes.--The necessity of enforcing the observance of + religious and moral Virtue by lesser Punishments.--General + Reflections applicable to public and private Crimes.--The + dangers arising from the progress of immorality to the + safety of the State.--The leading offences made capital by + the laws of England considered, with the Punishment + allotted to each; compared with, and illustrated by, the + custom of other countries, in similar cases, both ancient + and modern: namely, High Treason--Petit Treason:--Felonies + against Life, viz. Murder, Manslaughter, Misadventure, and + Self-defence:--against the Body, comprehending Sodomy, Rape, + Forcible Marriage, Polygamy, and Mayhem.--Against Goods or + Property, comprehending Simple Larceny, Mixt Larceny, and + Piracy,--and against the Habitation, comprehending Arson and + Burglary.--Concluding Reflections relative to the severity + of the Laws, and their imperfections with regard to + Punishment--The new Code of the_ Emperor JOSEPH the Second, + _shortly detailed.--Reflections thereon._ + + +Punishment, (says a learned and respectable author) _is an evil which +a delinquent suffers, unwillingly, by the order of a Judge or +Magistrate; on account of some act done which the Law prohibits, or +something omitted which the Law enjoins._ + +All Punishment should be proportioned to the nature of the offence +committed; and the Legislature, in adjusting Punishment with a view to +the public good, ought, according to the dictates of sound reason, to +act on a comparison of the Crime under consideration, with other +offences injurious to Society: and thus by comparing one offence with +another, to form a scale, or gradation, of Punishments, as nearly as +possible consistent with the strict rules of distributive justice.[9] + +[Footnote 9: Beccaria, or Crimes and Punishments, Cap. 6.] + +It is the triumph of Liberty, says the great Montesquieu, when the +criminal laws proportion punishments to the particular nature of each +offence.--It may be further added, that when this is the case, it is +also the triumph of Reason. + +In order to ascertain in what degree the Public is injured or +endangered by any crime, it is necessary to weigh well and +dispassionately the nature of the offence, as it affects the +Community.--It is through this medium, that Treason and Rebellion are +discovered to be higher and more dangerous offences than breaches of +the peace by riotous assemblies; as such riotous meetings are in like +manner considered as more criminal than a private assault. + +In punishing delinquents, two objects ought to be invariably kept in +view.-- + + 1. The Amendment of the Delinquent. + + 2. The Example afforded to others. + +_To which may be added, in certain cases_, + + 3. Retribution to the party injured. + +If we attend to Reason, the _Mistress of all Law_, she will convince +us that it is both unjust and injurious to Society to inflict Death, +except for the highest offences, and in cases where the offender +appears to be incorrigible. + +Wherever the amendment of a delinquent is in view, it is clear that +his punishment cannot extend to death: If expiating an offence by the +loss of life is to be (as it certainly is at present) justified by the +necessity of making examples for the purpose of preventing crimes, it +is evident that the present System has not had that effect, since they +are by no means diminished; and since even the dread of this +Punishment, has, under present circumstances, so little effect upon +guilty associates, that it is no uncommon thing for these hardened +offenders to be engaged in new acts of theft, at the very moment their +companions in iniquity are launching in their very presence into +eternity. + +The minds of offenders, long inured to the practice of criminal +pursuits, are by no means beneficially affected by the punishment of +Death, which they are taught to consider as nothing but a momentary +paroxysm which ends all their distress at once; nay even as a relief, +which many of them, grown desperate, look upon with a species of +indifference, bordering on a desire to meet that fate, which puts an +end to the various distresses and anxieties attendant on a life of +criminality. + +The effect of capital punishments, in the manner they are now +conducted, therefore, as relates to example, appears to be much less +than has been generally imagined. + +Examples would probably have much greater force, even on those who at +present appear dead to shame and the stigma of infamy, were convicts +exhibited day after day, to their companions, occupied in mean and +servile employments in Penitentiary Houses, or on the highways, +canals, mines, or public works.--It is in this way only that there is +the least chance of making retribution to the parties whom they have +injured; or of reimbursing the State, for the unavoidable expence +which their evil pursuits have occasioned. + +Towards accomplishing the desirable object of perfection in a criminal +code, every wise Legislature will have it in contemplation rather to +prevent than to punish crimes; that in the chastisement given, the +delinquent may be restored to Society as an useful member. + +This purpose may possibly be best effected by the adoption of the +following general rules. + + 1. That the Statute-Laws should accurately explain the + enormity of the offence forbidden: and that its provisions + should be clear and explicit, resulting from a perfect + knowledge of the subject; so that, justice may not be + defeated in the execution. + + 2. That the Punishments should be proportioned and adapted, + as nearly as possible, to the different degrees of offences; + with a proper attention also to the various shades of + enormity which may attach to certain crimes. + + 3. That persons prosecuting, or compelled so to do, should + not only be indemnified from expence; but also that + reparation should be made, for losses sustained by the + injured party, in all cases where it can be obtained from + the labour, or property of the delinquent. + + 4. That satisfaction should be made to the State for the + injury done to the Community; by disturbing the peace, and + violating the purity of Society. + +Political laws, which are repugnant to the Law of nature and reason, +ought not to be adopted. The objects above-mentioned seem to include +all that can be necessary for the attention of Law-givers. + +If on examination of the frame and tendency of our criminal Laws, both +with respect to the principles of reason and State Policy, the Author +might be allowed to indulge a hope, that what he brings under the +Public Eye on this important subject, would be of use in promoting the +good of Mankind, he should consider his labours as very amply +rewarded. + +The severity of the criminal Laws is not only an object of horror, but +the disproportion of the punishments, as will be shewn in the course +of this Work, breathes too much the spirit of DRACO,[10] who boasted +_that he punished all crimes with death; because small crimes deserved +it, and he could find no higher punishment for the greatest_. + +[Footnote 10: He lived 624 years before the Christian aera.] + +Though the ruling principle of our Government is unquestionably, +_Liberty_, it is much to be feared that the rigour which the Laws +indiscriminately inflict on slight as well as more atrocious offences, +can be ill reconciled to the true distinctions of Morality, and strict +notions of Justice, which form the peculiar excellence of those +States which are to be characterised as free. + +By punishing smaller offences with extraordinary severity, is there +not a risque of inuring men to baseness; and of plunging them into the +sink of infamy and despair, from whence they seldom fail to rise +capital criminals; often to the destruction of their fellow-creatures, +and always to their own inevitable perdition? + +To suffer the lower orders of the people to be ill educated--to be +totally inattentive to those wise regulations of State Policy which +might serve to guard and improve their morals; and then to punish them +for crimes which have originated in bad habits, has the appearance of +a cruelty not less severe than any which is exercised under the most +despotic Governments. + +There are two Circumstances which ought also to be minutely considered +in apportioning the measure of Punishment--_the immorality of the +action; and its evil tendency_. + +Nothing contributes in a greater degree to deprave the minds of the +people, than the little regard which Laws pay to Morality; by +inflicting more severe punishments on offenders who commit, what may +be termed, _Political Crimes_, and crimes against property, than on +those who violate religion and virtue. + +When we are taught, for instance, by the measure of punishment that +it is considered by the Law as a greater crime to coin a sixpence than +to kill our father or mother, nature and reason revolt against the +proposition. + +In offences which are considered by the Legislature as merely +personal, and not in the class of public wrongs, the disproportionate +punishment is extremely shocking. + +If, for example, a personal assault is committed of the most cruel, +aggravated, and violent nature, the offender is seldom punished in any +other manner than by fine and imprisonment: but if a delinquent steals +from his neighbour secretly more than the value of twelve-pence, the +Law dooms him to death. And he can suffer no greater punishment +(except the ignominy exercised on his dead body,) if he robs and +murders a whole family. Some private wrongs of a flagrant nature are +even passed over with impunity: the seduction of a married woman--the +destruction of the peace and happiness of families, resulting from +alienating a wife's affections, and defiling her person, is not an +offence punishable by the Criminal Law; while it is death to rob the +person, who has suffered this extensive injury, of a trifle exceeding +a shilling. + +The Crime of Adultery was punished with great severity both by the +Grecian and the Roman Laws.--In England this offence is not to be +found in the Criminal Code.--It may indeed be punished with fine and +penance by the Spiritual Law; or indirectly in the Courts of Common +Law, by an action for damages, at the suit of the party injured. The +former may now (perhaps fortunately) be considered as a dead letter; +while the other remedy, being merely of a pecuniary nature, has little +effect in restraining this species of delinquency. + +Like unskilful artists, we seem to have begun at the wrong end; since +it is clear that the distinction, which has been made in the +punishments between public and private crimes, is subversive of the +very foundation it would establish. + +Private Offences being the source of public crimes, the best method of +guarding Society against the latter is, to make proper provisions for +checking the former.--A man of pure morals always makes the best +Subject of every State; and few have suffered punishment as public +delinquents, who have not long remained unpunished as private +offenders. The only means, therefore, of securing the peace of +Society, and of preventing more atrocious crimes, is, to enforce by +lesser punishments, the observance of religious and moral duties: +Without this, Laws are but weak Guardians either of the State, or the +persons or property of the Subject. + +The People are to the Legislature what a child is to a parent:--As the +first care of the latter is to teach the love of virtue, and a dread +of punishment; so ought it to be the duty of the former, to frame Laws +with an immediate view to the general improvement of morals. + +"That Kingdom is happiest where there is most virtue," says an elegant +writer.--It follows, of course, that those Laws are the best which are +most calculated to promote Religion and Morality; the operation of +which in every State, is to produce a conduct intentionally directed +towards the Public Good. + +It seems that by punishing what are called public Crimes, with +peculiar severity, we only provide against present and temporary +mischiefs. That we direct the vengeance of the Law against effects, +which might have been prevented by obviating their causes:--And this +may be assigned in part as the cause of Civil Wars and Revolutions.--The +Laws are armed against the _powers_ of Rebellion, but are not +calculated to oppose its _principle_. + +Few civil wars have been waged from considerations of Public Virtue, +or even for the security of Public Liberty. These desperate +undertakings are generally promoted and carried on by abandoned +characters, who seek to better their fortunes in the general havoc and +devastation of their country.--Those men are easily seduced from their +Loyalty who are apostates from private virtue. + +To be secure therefore against those public calamities which, almost +inevitably, lead to anarchy and confusion, it is far better to improve +and confirm a nation in the true principles of natural justice, than +to perplex them by political refinements. + +Having thus taken a general view of the principles applicable to +Punishments in general, it may be necessary, for the purpose of more +fully illustrating these reflections, briefly to consider the various +leading Offences, and their corresponding Punishments according to the +present state of our Criminal Law; and to examine how far they are +proportioned to each other. + +High Treason is the highest civil Crime which can be committed by any +member of the Community.--After various alterations and amendments +made and repealed in subsequent reigns, the definition of this offence +was settled as it originally stood, by the Act of the 25th of Edward +III. stat. 5, cap. 2. and may be divided into seven different heads: + + 1. Compassing or imagining the Death of the King, Queen, or + Heir Apparent. + + 2. Levying War against the King, in his realm. + + 3. Adhering to the King's enemies, and giving them aid, in + the realm or elsewhere.[11] + + [Footnote 11: It has been thought necessary, by the + Legislature, to explain and enlarge these clauses of the Act + 25 _Ed._ III. as not extending, with sufficient + explicitness, to modern treasonable attempts. It is + therefore provided by the Act 36 _Geo._ III. _cap._ 7, "That + if any person (during the life of his present Majesty, and + until the end of the Session of Parliament next after a + demise of the Crown) shall within the realm, or without, + compass, imagine, invent, devise, or intend death or + destruction, _or any bodily harm, tending to death or + destruction, maim, or wounding, imprisonment, or restraint_ + of the person of the King, his heirs, and successors, or to + deprive or depose him or them from his stile, honour, or + Kingly name; or to levy war against the King within this + Realm, in order by force to compel him to change his + measures; _or in order to put any force or constraint upon, + or to intimidate or overawe_, BOTH HOUSES, OR EITHER HOUSE, + OF PARLIAMENT; or to incite any foreigner to invade the + dominions of the Crown: and such compassings, &c., shall + express, utter, or declare, _by publishing any printing, or + writing_, or by _any other_ overt act or deed"--the offender + shall be deemed _a Traitor_, and punished accordingly.] + + 4. Slaying the King's Chancellor or Judge in the execution + of their offices. + + 5. Violating the Queen, the eldest daughter of the King, or + the wife of the Heir Apparent, or eldest Son. + + 6. Counterfeiting the King's Great Seal, or Privy Seal. + + 7. Counterfeiting the King's Money, or bringing false Money + into the kingdom. + +This detail shews how much the dignity and security of the King's +person is confounded with that of his officers, and even with his +effigies imprest on his Coin.--To assassinate the servant, or to +counterfeit the type, is held as criminal as to destroy the Sovereign. + +This indiscriminate blending of crimes, so different and +disproportionate in their nature, under one common head, is certainly +liable to great objections; seeing that the judgment in this offence +is so extremely severe and terrible, _viz. That the offender be drawn +to the gallows on the ground or pavement: That he be hanged by the +neck, and then cut down alive: That his entrails be taken out and +burned while he is yet alive: That his head be cut off: That his body +be divided into four parts: And that his head and quarters be at the +King's disposal_.--Women, however, are only to be drawn and +hanged:--though in all cases of treason, they were heretofore +sentenced to be burned: a cruel punishment, which, after being +alleviated by the custom of previous strangulation, was at length +repealed, by the Act 30 Geo. III. _c._ 48. + +There are indeed some shades of difference with regard to coining +money; where the offender is only drawn and hanged; and that part of +the punishment which relates to being _drawn_ and _quartered_ is, to +the honour of humanity, never practised. But even in cases of the most +atrocious criminality, the execution of so horrid a sentence seems to +answer no good political purpose.--Nature shudders at the thought of +imbruing our hands in blood, and mangling the smoaking entrails of our +fellow-creatures. + +In most Countries and in all ages, however, Treason has been punished +capitally.--Under the Roman Laws, by the _Cornelia Lex_, of which +Sylla, the Dictator, was the author, this Offence was created.--It was +also made a capital Crime when the Persian Monarchy became despotic. + +By the Laws of China, Treason and Rebellion are punished with a rigour +even beyond the severity of our judgment, for the criminals are +ordained to be cut in _ten thousand_ pieces. + +There is another species of Treason, called _Petty Treason_, +described by the Statute of the 25th of Edward the III. to be the +offence of _a Servant killing his Master, a Wife killing her Husband_, +or a _Secular or Religious slaying his Prelate_.--The Punishment is +somewhat more ignominious than in other capital offences, inasmuch as +a _hurdle_ is used instead of a _cart_.--Here again occurs a very +strong instance of the inequality of Punishments; for although the +principle and essence of this Crime is breach of duty and obedience +due to a superior slain, yet if a child murder his parents (unless he +serve them for wages) he is not within the Statute; although it must +seem evident to the meanest understanding that Parricide is certainly +a more atrocious and aggravated offence, than either of those +specified in the Statute. + +By the _Lex Pompeia_ of the Romans, Parricides were ordained to be +sown [Transcriber's Note: sewn] in a sack with a _dog_, a _cock_, a +_viper_, and an _ape_, and thrown into the sea, thus to perish by the +most cruel of all tortures. + +The ancient Laws of all civilized nations punished the crime of +Parricide by examples of the utmost severity.--The Egyptians put the +delinquents to death by the most cruel of all tortures--mangling the +body and limbs, and afterwards laying it upon thorns to be burnt +alive. + +By the Jewish Law it was death for children to curse, or strike their +parents; and in China, this crime was considered as next in atrocity +to Treason and Rebellion, and in like manner punished by cutting the +delinquent in _one thousand_ pieces. + +The Laws of England however make no distinction between this crime and +common Murder; while it is to be lamented that offences far less +heinous, either morally or politically considered, are punished with +the same degree of severity; and it is much to be feared, that this +singular inequality is ill calculated to inspire that filial awe and +reverence, to parents, which all human Laws ought to inculcate. + +The offences next in enormity to Treason, are by the Laws of England, +denominated Felonies, and these may be considered as of two kinds, +_public_ and _private_. + +Under the head of _Public Felonies_ we shall class the following: +having peculiar relation to the State. + + 1. Felonies relative to the Coin of the Realm. + 2. ----------------- to the King and his Counsellors, &c. + 3. ----------------- to Soldiers and Marines. + 4. ----------------- to embezzling Public Property. + 5. ----------------- to Riot and Sedition. + 6. ----------------- to Escape from Prison. + 7. ----------------- to Revenue and Trade, &c. + +We consider as comprehended under _Private Felonies_ the following +crimes committed, 1. _Against the Life_, 2. _the Body_, 3. _The +Goods_, 4. _The Habitation of the Subject_. + + Against 1. By Murder. + Life. 2. By Man-slaughter. + 3. By Misadventure. + 4. By Necessity. + + Against the 1. Sodomy. + Body. 2. Rape. + 3. Forcible Marriage. + 4. Polygamy. + 5. Mayhem. + + Against 1. Simple Larceny. + Goods. 2. Mixt Larceny. + 3. Piracy. + + Against the 1. Arson. + Dwelling or 2. Burglary. + Habitation. + +Those Crimes which we have denominated _Public Felonies_ being merely +of a political nature, it would seem that the ends of justice would be +far better answered, than at present, and convictions oftener +obtained, by different degrees of Punishment short of Death. + +With regard to _Private Felonies_, it may be necessary to make some +specific observations---- + +The first, in point of enormity, is _Murder_, which may be committed +in two Ways:--first, upon _one's self_, in which case the offender is +denominated _Felo de se_ or a _Self-murderer_;--secondly, by killing +another person. + +The Athenian Law ordained, that persons guilty of Self-murder should +have the hand cut off which did the murder, and buried in a place +separate from the body; but this seems of little consequence.--When +such a calamity happens, it is a deplorable misfortune; and there +seems to be a great cruelty in adding to the distress of the wife, +children, or nearest kin of the deceased, by the forfeiture of his +whole property; which is at present confiscated by Law. + +By the Law of England, the judgment in case of Murder is, that the +person convicted shall suffer death and that his body shall be +dissected. + +The Laws of most civilized nations, both ancient and modern, have +justly punished this atrocious offence with death. It was so by the +Laws of Athens, and also by the Jewish and Roman Laws.--By the Persian +Law Murderers were pressed to death between two stones; and in China, +persons guilty of this offence are beheaded, except where a +person kills his adversary in a duel, in which case he is +strangled.--Decapitation, by the Laws of China, is considered the most +dishonourable mode of execution. + +In the ruder ages of the world, and before the manners of mankind were +softened by the arts of peace and civilization, Murder was not a +capital crime: Hence it is that the barbarous nations which over-ran +the Western Empire, either expiated this crime by private revenge, or +by a pecuniary composition.--Our Saxon ancestors punished this high +offence with a fine; and they too countenanced the exercise of that +horrid principle of revenge, by which they added blood to blood.--But +in the progress of civilization and Society, the nature of this crime +became better understood; private revenge was submitted to the power +of the Law; and the good King Alfred first made Murder a capital +offence in England. + +In this case, as in that of Self-murder, the property of the murderer +goes to the State; without any regard to the unhappy circumstances of +the families either of the murdered or the guilty person, who may be +completely ruined by this fatal accident.--A provision which seems not +well to accord with either the justice or mildness of our Laws. + +Man-slaughter is defined to be _The killing another without malice, +either express or implied: which may be either, voluntarily, upon a +sudden heat; or involuntarily, but in the commission of some unlawful +Act_. And the Punishment is, _that the person convicted shall be burnt +in the hand, and his goods forfeited_.--And offenders are usually +detained in prison for a time not exceeding one year, under the +Statutes regulating the Benefit of Clergy. + +Homicide by _Misadventure_ is, when _one is doing a lawful act, +without intent to hurt another_, and _death ensues_.--For this offence +a pardon is allowed of course; but in strictness of Law the property +of the person convicted is forfeited; the rigour of which, however, is +obviated by a Writ of Restitution of his goods, to which the party is +now, by long usage, entitled of right; only paying for suing out the +same. + +Homicide _by necessity_ or in _Self-defence_, is another shade of +Murder, upon which no punishment is inflicted: and in this is included +what the Law expresses by the word _Chance-medley_: which is properly +applied to such killing as happens in self-defence upon a sudden +rencounter. Yet, still by strictness of Law, the goods and chattels of +the person charged and convicted are forfeited to the Crown; contrary, +as it seems to many, to the principles of Reason and Justice. + +It should be recollected that in all cases where the Homicide does not +amount to Murder or Man-slaughter, the Judges permit, nay even direct, +a verdict of acquittal.--But it appears more consonant with the sound +principles of Justice, that the Law itself should be precise, than +that the property of a man should, in cases of _Misadventure_, +_Chance-medley_, and _Self-defence_ depend upon the construction of a +Judge, or the lenity of a Jury: Some alteration therefore, in the +existing Laws, seems called for in this particular. + +Having thus briefly discussed what has occurred relative to the +punishment of offences against life, we come next to make some +observations on what we have denominated _Private Felonies against the +Body of the Subject_. + +By the Grecian, Roman, and Jewish Laws, the abominable crime of +_Sodomy_ was punished with death.--In France, under the Monarchy, the +offenders suffered death by burning. + +The Lombards were said to have brought this detestable vice into +England, in the reign of Edward the Third.--In ancient times the men +were hanged, and the women drowned: At length by the Act 25th of Henry +the Eighth, cap. 6, it was made Felony without Benefit of Clergy.-- + +It has been doubted, however, whether the severity of the punishment +of a crime so unnatural, as even to appear incredible, does not defeat +the object of destroying it, by rendering it difficult to convict an +offender. + +The same objection has been made with respect to the crime of +committing _a Rape_. A proper tenderness for life makes the Law +require a strong evidence, and of course the proof is nice and +difficult; whereas, were the punishment more mild, it might be more +efficacious in preventing the violation of chastity. + +By the Law of Egypt, Rapes were punished by cutting off the offending +parts;--The Athenian Laws compelled the ravisher of a virgin to marry +her. It was long before this offence was punished capitally by the +Roman Law: but at length the _Lex Julia_ inflicted the pains of death +on the Ravisher.--The Jewish Law also punished this crime with death; +but if a virgin was deflowered without force, the offender was obliged +to pay a fine, and marry the woman. + +By the 18th of Elizabeth, cap. 7, this offence was made Felony without +Benefit of Clergy. + +It is certainly of a very heinous nature, and, if tolerated, would be +subversive of all order and morality; yet it may still be questioned, +how far it is either useful or politic to punish it with death; and is +worth considering, whether, well knowing that it originates in the +irregular and inordinate gratification of unruly appetite, the injury +to Society may not be repaired without destroying the offender. + +In most cases, this injury might be repaired by compelling (where it +could be done with propriety,) the criminal to marry the injured +party; and it would be well for Society, if the same rule extended not +only to all forcible violations of chastity, but even to instances of +premeditated and systematic Seduction. + +In cases, however, where marriage could not take place, on account of +legal disability, or refusal on the part of the woman, the criminal +ought to be severely punished, by pecuniary damages to the party +injured, and by hard labour and confinement, or transportation for +life. + +The offence considered as next in point of enormity to Rape, is +_Forcible Marriage_, or _Defilement of Women_: but it is somewhat +remarkable, that by confining the punishment to offences against women +of estate only, the moral principles are made to yield to political +considerations; and the security of property in this instance, is +deemed more essential, than the preservation of female chastity. + +In short, the property of the woman is the measure of the crime; the +statutes of the 3d of Henry the Seventh, cap. 2. and the 39th of +Elizabeth, cap. 9, making it Felony without Benefit of Clergy, to take +away, _for lucre_, any woman having lands or goods, or being an heir +apparent to an estate, by force, or against her will, and to marry or +to defile her. The forcible marriage and defilement of a woman without +an estate is not punished at all; although, according to every +principle of morality and reason, it is as criminal as the other. It +is indeed an offence not so likely to be committed. + +However, it seems in every point of view, impolitic to punish such +offences with death; it might be enough, to expiate the crime by +alienating the estate from the husband--vesting it in the wife alone, +and confining him to hard labour; or by punishing the delinquent, in +very atrocious cases, by transportation. + +Polygamy stands next as an offence against the person:--It was first +declared Felony by the statute of James the first, cap. 11, but not +excluded from the Benefit of Clergy, and therefore not subject to the +punishment of death. + +Though, in one view, the having a plurality of wives or husbands, +appears only a political offence, yet it is undeniably a breach of +religious and moral virtue, in a very high degree.--It is true, +indeed, that in the early ages of the world, Polygamy was tolerated +both in Greece and Rome, even after the People had arrived at a high +pitch of refinement.--But since the institution of Matrimony under the +present form, Polygamy must be considered as highly criminal, since +marriage is an engagement which cannot be violated without the +greatest injury to Society. The Public Interest, therefore, requires +that it should be punished; and the Act 35th George III. cap. 67, +which punishes this offence with transportation, is certainly not too +severe. + +Mayhem, or Maiming, is the last in the Catalogue of _Offences against +the Person_. It was first made Single Felony by the 5th of Henry the +Fourth, cap. 5.--It is defined to be _maiming, cutting the tongue, or +putting out the eyes of any of the King's liege people_. The statute +of the 22d and 23d of Charles the Second, cap. 1. extends the +description of this offence to slitting the nose, cutting off a nose +or lip, or cutting off or disabling any limb or member, by malice +forethought, and by lying in wait with an intention to maim and +disfigure:--And this statute made the offence Felony, without Benefit +of Clergy. + +To prove malice in this crime, it is sufficient that the act was +voluntary, and of set purpose, though done on a sudden. + +Mayhem, as explained in the above statutes, is certainly a very +atrocious offence; and as the punishment is not followed by corruption +of blood, or the forfeiture of the property of the offender, it is, +according to the present system, perhaps not too severe. + +One particular sort of Mayhem by cutting off the _ear_, is punishable +by an Act 37 Hen. VIII. cap. 6. which directs that the offender shall +forfeit treble damages to the party grieved, to be recovered by action +of trespass; and L.10 by way of fine to the King. + +We next come to examine _Private Felonies_ against the _Goods or +Property of the Individual_, viz. _Simple Larceny_, _Mixt Larceny_, +and _Piracy_. + +Simple Larceny is divided into two sorts;--1st, Grand Larceny, and 2d, +Petit Larceny.--The first is defined to be _the felonious taking and +carrying away the mere personal property or goods of another, above +the value of twelve pence_.--This offence is capital, and punished +with death, and the forfeiture of property. + +Petit Larceny is where the goods, taken in the above manner, are +under the value of twelve pence; in which case, the punishment +(according to the circumstances of atrocity attending the offence,) is +imprisonment, whipping, or transportation, with forfeiture of goods +and chattels. + +Thus it appears, that by the rigour of the Law, stealing the least +trifle above 12_d._ subjects the offender to the loss of life; a +punishment apparently repugnant to reason, policy, or justice: more +especially when it is considered, that at the time this _Anglo Saxon +Law_ was made, in the reign of _Athelstan_, 860 years ago, _one +shilling_ was of more value, according to the price of labour, than +_seventy-five shillings_ are at the present period: the life of man +therefore may be justly said to be seventy-five times cheaper than it +was when this mode of punishment was first established. + +By the Athenian Laws, the crime of Theft was punished, by paying +double the value of what was stolen, to the party robbed; and as much +more to the public.--Solon introduced a law, enjoining every person to +state in writing, by what means he gained his livelihood; and if false +information was given, or he gained his living in an unlawful way, he +was punished with death.--A similar law prevailed among the Egyptians. + +The _Lex Julia_ of the Romans made Theft punishable at discretion; and +it was forbidden, that any person should suffer death, or even the +loss of a member, for this crime.--The greatest punishment which +appears to have been inflicted for this offence, in its most +aggravated circumstances, was four-fold restitution. + +By the Jewish Law, Theft was punished in the same manner: with the +addition of a fine according to the nature of the offence; excepting +in cases where _men_ were stolen, which was punished with death. + +In China, Theft is punished by the bastinadoe, excepting in cases of a +very atrocious nature, and then the culprit is condemned to the +knoutage--a contrivance not unlike the pillory in this country. + +The ancient Laws of this kingdom punished the crime of Theft +differently.--Our Saxon ancestors did not at first punish it +capitally.--The Laws of King Ina[12] inflicted the punishment of +death, but allowed the thief to redeem his life, _Capitis +estimatione_, which was sixty shillings; but in case of an old +offender, who had been often accused, the hand or foot was to be cut +off. + +[Footnote 12: King of the West Saxons, anno 688.] + +After various changes which took place under different Princes, in the +rude and early periods of our history, it was at length settled in the +9th of Henry the First, (A.D. 1108,) _that for theft and robbery, +offenders should be hanged_; this has continued to be the law of the +land ever since, excepting in the county palatine of Chester; where +the ancient custom of beheading felons was practised some time after +the Law of Henry the First; and the Justices of the Peace of that +county, received one shilling from the King, for every head that was +cut off. + +Montesquieu seems to be of opinion that as thieves are generally +unable to make restitution, it may be just to make theft a capital +crime.--But would not the offence be atoned for in a more rational +manner, by compelling the delinquent to labour, first for the benefit +of the party aggrieved, till recompence is made, and then for the +State?[13] + +[Footnote 13: That acute Reasoner, the Marquis BECCARIA, who wrote +after MONTESQUIEU, holds this last opinion.--"A punishment, (says this +able writer) to be just should have only that degree of severity which +is sufficient to deter others: perpetual labour will have this effect +more than the punishment of death." + +BECC. chap. 28.] + +According to the present system the offender loses his life, and they +whom he has injured lose their property; while the State also suffers +in being deprived of a member, whose labour, under proper controul, +might have been made useful and productive. + +Observations have already been made on one consequence of the severity +of the punishment for this offence; that persons of tender feelings +conscientiously scruple to prosecute delinquents for inconsiderable +Thefts. From this circumstance it is believed, that not one +depredation in a hundred, of those actually committed, comes to the +knowledge of Magistrates. + +Mixed or _compound Larceny_ has a greater degree of guilt in it than +simple Larceny; and may be committed either by taking from a man, or +from his house. If a person is previously put in fear or assaulted, +the crime is denominated _Robbery_. + +When a Larceny is committed which does not put the party robbed in +fear; it is done privately and without his knowledge, by picking his +pocket, or cutting the purse, and stealing from thence above the value +of twelve pence; or publicly, with the knowledge of the party, by +stealing a hat or wig, and running away. + +With respect to _Dwelling Houses_ the Common Law has been altered by +various acts of Parliament; the multiplicity of which is apt to create +confusion; but upon comparing them diligently, we may collect that the +following domestic aggravations of Larceny are punishable with death, +without Benefit of Clergy. + +First, _Larcenies above the value of twelve pence_; committed--1st. In +a church or chapel, with or without violence or breaking the same; 23 +Henry VIII. cap. 1: 1 Edward VI. cap. 12.--2d. In a booth or tent, in +a market or fair, in the day time or in the night, by violence or +breaking the same; the owner or some of his family, being therein; 5 +and 6 Edward VI. cap. 9.--3d. By robbing a dwelling house in the day +time, (which _robbing_ implies a _breaking_,) any person being +therein: 3 and 4 William and Mary, cap. 9.--4th. By the same Act, (and +see the Act 23 Henry VIII. cap. 1.) in a dwelling house, by day or by +night; without breaking the same, any person being therein, and put in +fear: which amounts in law to a Robbery; and in both these last cases +the _Accessary before the fact_ is also excluded from the benefit of +Clergy. + +Secondly; _Larcenies to the value of five shillings_; committed--1st. +By breaking any dwelling house, or any outhouse, shop, or warehouse +thereunto belonging, in the day time; although no person be therein, +which also now extends to aiders, abettors, and accessaries before the +fact: 39 Elizabeth, cap. 15; see also 3 and 4 William and Mary, cap. +9.--2d. By privately stealing goods, wares, or merchandise in any +shop, warehouse, coach-houses, or stable, by day or night: though the +same be not broken open, and though no person be therein: which +likewise extends to such as assist, hire, or command the offence to be +committed: 10 and 11 William III. cap. 23. + +Lastly; _Larcenies to the value of forty shillings_ from a dwelling +house, or its outhouses, although the same be not broken, and whether +any person be therein or not; unless committed against their masters, +by apprentices, under age of fifteen; 12 Anne, stat. 1. cap. 7. + +Piracy is felony against the goods of the Subject by a robbery +committed at sea.--It is a capital offence by the civil law, although +by Act of Parliament, it may be heard and determined, according to the +rules of the common law, as if the offence had been committed on land. +The mode of trial is regulated by the 28th of Henry VIII. cap. 15; and +further by the Acts 11 and 12 William III. cap. 7. and 39 George III. +cap. 37; which also extend to other offences committed on the High +Seas. + +Felonies _against the Dwelling or Habitation of a man are of two +kinds; and are denounced_ Arson _and_ Burglary. + +_Arson_ or _Arsonry_ is a very atrocious offence--it is defined to be +_the malicious burning of the House of another either by night or by +day_. It is in this case a capital offence; but if a man burns his own +house, without injuring any other, it is only a misdemeanor, +punishable by fine, imprisonment, or the pillory. + +By the 23d of Henry the Eighth, cap. 1. the capital part of the +offence is extended to persons, (whether principals or accessaries,) +burning dwelling houses; or barns wherein corn is deposited; and by +the 43d of Elizabeth, cap. 13, burning barns or stacks of corn in the +four northern counties, is also made Felony without Benefit of Clergy. + +By the 22d and 23d of Car. II. cap. 7, it is made felony to set fire +to any stack of corn, hay, or grain; or other outbuildings, or kilns, +maliciously in the night time; punished with transportation for seven +years. + +By the 1st George I. cap. 48, it is also made single felony to set +fire to any wood, underwood, or coppice. + +Other burnings are made punishable with death, without Benefit of +Clergy; _viz._ Setting fire to any house, barn, or outhouse, or to any +hovel, cock, mow, or stack of corn, straw, hay, or wood: or the +rescuing any such offender: 9 George I. cap. 22.--Setting fire to a +coal-mine: 10 George II. cap. 32.--Burning, or setting fire to any +wind-mill, water-mill, or other mill: (as also pulling down the same:) +9 George III. cap. 29; but the offender must be prosecuted within +eighteen months.--Burning any ship; to the prejudice of the owners, +freighters, or underwriters: 22 and 23 Charles II. cap. 11; 1 Anne, +stat. 2. cap. 9; 4 George I. cap. 12.--Burning the King's ships of war +afloat, or building: or the Dock-yards, or any of the buildings, +arsenals, or stores therein: 12 George III. cap. 24.--And finally, +_Threatening_ by anonymous or fictitious letters to burn houses, +barns, &c. is by the Act 27 George II. cap. 15, also made felony +without Benefit of Clergy. + +Burglary is a felony at common law; it is described to be _when a +person, by night, breaketh into the mansion of another, with an intent +to commit a felony; whether the felonious intent be executed or not_. + +By the 18th of Elizabeth, cap. 7, the Benefit of Clergy is taken away +from _The Offence_; and by the 3d and 4th William and Mary, cap. 9, +from _Accessaries before the fact_.--By the 12th of Anne, stat. 1, +cap. 7, if any person shall enter into a mansion or dwelling house, by +day or by night, without breaking into the same, with an intent to +commit any felony; or being in such houses, shall commit any felony; +and shall, in the night time, _break_ the said house _to get out_ of +the same, he is declared guilty of the offence of burglary, and +punished accordingly. + +It is, without doubt, highly expedient that this Offence should be +punished more severely than any other species of theft; since, besides +the loss of property, there is something very terrific in the mode of +perpetration, which is often productive of dreadful effects. + +The ancient laws made a marked distinction in the punishment, between +this Offence, which was called Hamsokne, (and which name it retains at +present in the Northern parts of this kingdom) and robbing a house in +the day time. + +There are many other felonies which have been made capital +(particularly within the present century) which do not properly fall +within the class above discussed;--for an account of these the reader +is referred to the general Catalogue of offences specified in a +subsequent Chapter. + +The number of these various capital Offences upon which the judgment +of death must be pronounced, if the party is found guilty, has been +already stated to amount to above one _hundred and sixty_.--And yet if +a full consideration shall be given to the subject, it is believed +that (excepting in cases of _Treason_, _Murder_, _Mayhem_, and some +aggravated instances of Arsonry) it would be found that the punishment +of death is neither politic nor expedient. + +At any rate, it must be obvious to every reasoning mind, that such +_indiscriminate rigour_, by punishing the petty pilferer with the same +severity as the atrocious murderer, cannot easily be reconciled to the +rights of nature or to the principles of morality. + +It is indeed true, in point of practice, that in most cases of a +slight nature, the mercy of Judges, of Juries, or of the Sovereign, +saves the delinquent; but is not the exercise of this mercy rendered +so necessary on every occasion, "_a tacit disapprobation of the +laws_?"[14] + +[Footnote 14: Beccaria. _See ante page_ 45.] + +Cruelty, in punishment for slight Offences, often induces Offenders to +pass on from the trifling to the most atrocious crime.--Thus are these +our miserable fellow-mortals rendered desperate; whilst the laws, +which ought to soften the ferocity of obdurate minds, tend to corrupt +and harden them. + +What education is to an individual, the Laws are to Society. Wherever +they are sanguinary, delinquents will be hard-hearted, desperate, and +even barbarous. + +However much our ancestors were considered as behind us in +civilization, yet their laws were infinitely milder, in many +instances, than in the present age of refinement. + +The real good of the State, however, unquestionably requires that not +only adequate punishments should be impartially inflicted, but that +the injured should obtain a reparation for their wrongs. + +Instead of such reparation, it has been already stated, and indeed it +is much to be lamented, that many are induced to desist from +prosecutions, and even to conceal injuries, because nothing but +expence and trouble is to be their lot: as all the fruits of the +conviction, where the criminal has any property, go to the +State.--That the State should be the only immediate gainer by the +fines and forfeitures of criminals, while the injured party suffers, +seems not wholly consonant to the principles either of _justice_, +_equity_, or _sound policy_. + +Having said thus much on the subject of severe and sanguinary +Punishments, it may not be improper to mention a very recent and +modern authority, for the total abolition of the Punishment of death. +This occurred in the Imperial Dominion, where a new code of criminal +law was promulgated by the late Emperor, JOSEPH II. and legalised by +his edict in 1787. + +This Code, formed in an enlightened age, by Princes, Civilians, and +Men of Learning, who sat down to the deliberation assisted by the +wisdom and experience of former ages, and by all the information +possible with regard to the practice of civilized modern nations; with +an impression also upon their minds, that sanguinary punishments, by +death, torture, or dismemberment are not necessary, and ought to be +abolished; becomes an interesting circumstance in the annals of the +world. + + "THE EMPEROR _in his edict signed at Vienna the 13th of + January, 1787, declares his intention to have been to give a + precise and invariable form to Criminal Judicature; to + prevent arbitrary interpretations; to draw a due line + between criminal and civil offences, and those against the + state; to observe a just proportion between offences and + punishments, and to determine the latter in such a manner as + that they may make more than merely a transient + impression.--Having promulgated this new code, he abrogates, + annuls, and declares void all the ancient laws which + formerly existed in his dominions_.--Forbidding at the same + time every criminal Judge to exercise the functions of his + office, on any but those who shall be brought before him, + accused of a criminal offence expressed in the new code." + +This system of criminal law is so concise as to be comprehended in +less than one hundred octavo pages. It commences with laying down +certain general principles, favourable in their nature both to +humanity and public liberty.--In determining the Punishments (which +will hereafter be very shortly detailed) the following rules are laid +down for the Judges. + + "_The criminal Judge should be intent on observing the just + proportion between a criminal Offence and the punishment + assigned it, and carefully to compare every + circumstance.--With respect to the_ Offence, _his principal + attention should be directed to the degree of malignity + accompanying the bad action,--to the importance of the + circumstance connected with the Offence,--to the degree of + damage which may result from it,--to the possibility or + impossibility of the precautions which might have been made + use of to prevent it.--With respect to the_ Criminal, _the + attention of the Judge should be directed to his youth,--to + the temptation or imprudence attending it,--to the + punishment which has been inflicted for the same Offence, + and to the danger of a relapse_." + + Those denominated 1. Offences against the Sovereign and the + Criminal Offences, State; including High Treason. + _viz._ 2. Offences against human life and bodily + safety. + 3. Offences against honour and liberty. + 4. Offences against possessions and rights. + + Those denominated 5. Offences that endanger the life or health + Civil Offences, of the Citizens. + _viz._ 6. Offences that affect the fortunes or rights + of the Citizens. + 7. Offences that tend to the corruption of + morals. + +The offences are divided into seven different classes. + +It is impossible, within the narrow compass of this Work, to enter +into a particular detail of the various subdivisions of the Crimes and +Punishments explained in this Code; which must be perused, in order to +form a clear and comprehensive view of the subject. The following +Specification therefore contains merely the _heads_ or outlines of the +System; which it is hoped may be found, from the mode of its +arrangement, to convey to the reader both amusement and instruction. + + +ABSTRACT + +OF + +_THE CRIMINAL CODE_ + +OF THE + +EMPEROR JOSEPH II. + + * * * * * + + CRIMES. PUNISHMENTS. + + _High Treason._ + + 1. Laying violent hands on Confiscation of property; + the Sovereign, whether injury imprisonment for not less than 30 + results from it or not. years; and branding on each + cheek with the mark of a + gallows[15] if the prisoner is + remarkably depraved. + + 2. Attacking the Sovereign Imprisonment 8 years, and not + by speeches or writings. less than 5. + + 3. Persons conspiring and Confiscation of Property and + taking up arms, or entering 30 years' imprisonment, with + into alliance with an enemy, branding as above. + &c. are guilty of _sedition + and tumult_. + + * * * * * + + _Criminal Offences relative to the Sovereign and the State._ + + 4. He who enters the house Imprisonment, not less than + or abode of another, and uses 1 month, nor more than 5 years, + violence against his person, and condemnation to the public + goods, or possession, is works. + guilty of _open force_. + + 5. He who violently resists Imprisonment not less than + the authority of a Judge, or 1 month, nor more than 5 years; + Officer of Justice, although but where there is an injury and + no wound result, is guilty of wounds, not exceeding 8 nor + _open violence_. less than 5. + + 6. Breach of trust, in a Imprisonment not less than 8, + Governor, or Charge des nor more than 12 years, and + Affaires; neglecting the condemnation to the public works, + interest of the State, or and in aggravated cases, the + betraying his Country, &c. pillory.[16] + + 7. A Judge, who from Imprisonment not less than 8, nor + corruption or passion is more than 12 years, and + guilty of an _abuse of condemnation to the public works, + judicial authority_. and in aggravated cases, the + pillory. + + 8. Accomplices attempting Imprisonment not less than 1 + to corrupt a Judge. month, nor more than 5 years; and + condemnation to the public works. + + 9. Forgery, by attempting to Imprisonment not less than + counterfeit public bills of 30 years, and branding with a + the State which circulate as hot iron. + money. + + 10. Falsifying a public bill, Imprisonment not less than 12, + by changing or altering it, nor more than 15 years, and + or imitating the signatures. condemnation to the public works. + + 11. Coining false money, Imprisonment not less than 1 + resembling the Coin of the month, nor more than 5 years, + Hereditary Dominions, or with condemnation to the public + foreign Coin current by law; works. + even though of equal weight + and quality, or superior to + the current Coin. + + 12. Coining false money, by Imprisonment not less than 12, + using a bad alloy; and by nor more than 15 years, and + fraud giving false money the condemnation to the public works. + quality of good. + + 13. Accomplices in Imprisonment not less than 8, + fabricating tools for nor more than 12 years, and + Coining. condemnation to the public works. + + 14. Assisting in the escape Imprisonment not less than 1 + of a prisoner. month, nor more than 5 years; and + condemnation to the public works. + + 15. Magistrates granting Imprisonment not less than 12, + indulgencies contrary to nor more than 15 years; and + law, &c. deprivation of authority. + + * * * * * + + _Criminal Offences against Human Life and Bodily Safety._ + + 16. _Murder_,--by Imprisonment not less than 15, + wounding a man so that death nor more than 30 years; the latter + ensues, including all in cases of consanguinity.[17] + accomplices. + + 17. Killing a man in Imprisonment not less than 1 + self-defence, if the slayer month, nor more than 5 years, and + exceed the bounds of condemnation to the public works. + necessity. + + 18. _Murder_,--with an Imprisonment not less than 30 + intention to rob or steal the years, with the hot iron; in + property of the person, or cruel cases, to be closely + other property intrusted to chained, with corporal + his care. punishment[18] every year. + + 19. Assassination by Condemnation to the Chain,[19] + stratagem, arms, or poison. not less than 30 years. + + 20. Inducing another to commit Imprisonment not less than 5, + Murder; by caresses, promises, nor more than 8 years, and + presents, or threats; whether condemnation to the public + death is the result or not. works.--If murder is committed, + the criminal shall suffer as a + murderer. + + 21. _Duelling_,--or If death ensues; condemnation to + challenging another to combat the chain for 30 years, where the + with murderous weapons on survivor is the challenger. If + whatever pretence the challenge the survivor be the party + be grounded.--The person challenged, imprisonment, not + accepting the challenge is more than 12, nor less than 8 + equally guilty, after agreeing years, and condemnation to the + to combat with murderous weapons. public works. If neither fall, + imprisonment to the challenger, + not less than 1 month, nor more + than 5 years; and hard labour in + the public works. + + 22. Accomplices acting as Imprisonment not less than 1, + assistants and seconds. nor more than 5 years. + + 23. A woman with child using Imprisonment not less than 15, + means to procure abortion. nor more than 30 years; and + condemnation to the public works: + augmented when married women. + + 24. Accomplices advising and Imprisonment not less than 1 + recommending abortion. month, nor more than 5 years, + and condemnation to the public + works.--Punishment increased + when the accomplice is the father + of the infant. + + 25. Exposing a living infant, Imprisonment not less than 8, + in order to abandon it to danger nor more than 12 years; to be + and death; or to leave its increased under circumstances of + deliverance to chance; whether aggravation. + the infant, so exposed, suffers + death or not. + + 26. Maiming by malignant Imprisonment not less than 1 + assault. month, nor more than 5 years. + + 27. Suicide or self-murder, The body to be thrown into + without any sign of insanity. the earth by the executioner, and + the name of the person and crime + to be publicly notified and fixed + on a gallows. + + * * * * * + + _Criminal Offences against Honour and Liberty._ + + 28. _Calumny_--false Imprisonment not less than 1 + accusation--injuring a man of month, nor more than 5 years, + his right, or robbing him of his and condemnation to the public + good name unjustly and without works; with corporal punishment + proof (See post. No. 56.) if the party receive injury. + + 29. _Rape_,--or forcibly, Imprisonment not less than 3 + by associates, threatnings, or years, nor more than 12, and + shewing weapons, overpowering condemnation to the public works. + and forcing a woman to submit, + and shamefully abusing her by + rendering her incapable of + opposition. + + 30. Accomplices aiding in the Imprisonment not less than 5, + commission of a rape. nor more than 8 years; and + condemnation to the public works. + + 31. _Forcibly carrying a Imprisonment not less than 15 + person out of the State_ years, nor more than 30 years; + without his will, or the augmented if the criminal is a + consent of the Magistrate, natural-born subject. + enlisting men into foreign + service, &c. + + 32. _Forcibly, or by Imprisonment not less than 1 + address, secretly carrying month, nor more than 5 years; if + away a Minor_ past the years no injury result--otherwise + of infancy, under the care of imprisonment, not less than 8, nor + parents or guardians, &c. more than 12 years, and + condemnation to the public works. + + 33. _Forcibly, and by Imprisonment not less than 5 + address, getting possession of years, and not more than 8; and + any woman_ contrary to her condemnation to the public + will, obtaining her consent to works. + marriage, or shameful + debauchery, and carrying her + from her abode; whether + the design is accomplished or + not. + + 34. _Forcibly carrying away Imprisonment not less than 1 + a woman known to be bound by month, nor more than 5 years, + lawful marriage_, or under and condemnation to the public + protection of parents, and works. + without her consent. + + 35. Accomplices aiding and The same. + assisting. + + 36. _Unlawful Imprisonment_, Imprisonment not less than 1 + or keeping a person in month, nor more than 5 years; + confinement against his will augmented in cases of damages. + and of his own private + authority. + + * * * * * + + _Criminal Offences against Possessions and Rights._ + + 37. _Fraud._--Obtaining the Various, according to the degree + property of another by of malignity--in general by + stratagem, with an evil design imprisonment not less than 8, + on his possessions, honour, nor more than 12 years; and in + or liberty; forging title smaller offences, not less than 5 + deeds or contracts, or nor more than 8; and condemnation + _altering_ the same. to the public works. + + _Perjury_ in a Court of The same. + Justice, assuming a false name, + &c. &c. bearing false witness. + + 38. _Theft_, or taking a Imprisonment not less than 1 + moveable from the possession of month, nor more than 5 years, if + another by fraud, and without unaccompanied by aggravating + his consent. (See post. No. circumstances: but in aggravated + 47.) cases, imprisonment not less than + 5 nor more than 8; or not less + than 8, nor more than 12 years. + + 39. _Accomplices in Imprisonment not less than 1 + Theft_.--abettors and month nor more than 5 years, and + receivers, &c. condemnation to the public works. + + 40. _Robbery_--committed Imprisonment not less than 15 + alone or in company, by using years, nor more than 30; if wounds + violence, or forcing a person ensue, in consequence of the + to discover effects, on which violence used. And if acts of + the offender has felonious cruelty or wounds, occasioning + views. death, then the punishment of the + chain additional. + + 41. _Incendiary_--where one Imprisonment not less than 8 + undertakes an action from which nor more than 12 years; and + fire may ensue, or with intention condemnation to the public works: + to prejudice, or cause damage, when the flames have been stifled. + with a view to profit by the Setting fire to a Camp, Magazine, + disorder that takes place, he Barn, Timber-yard, &c. + shall be considered as an from 15 to 30 years; according + _incendiary_, whether to the circumstances of the case. + damage ensues or not. + + 42. _Bigamy_--where one Imprisonment not less than 5 + bound by the tie of lawful nor more than 8 years, or + matrimony, concludes a second condemnation to the public works; + marriage with another person, if the person with whom the + single or married. offender contracts the second + marriage was acquainted with the + first.--If concealed, then + imprisonment not exceeding 12 nor + less than 8 years. + + * * * * * + + _Civil Offences that endanger the Life or Health of the Citizen._ + + 43. _Misadventure_--where Imprisonment from 1 month + without any ill intention, by to a year, or condemnation to the + means of poisonous merchandize, public works, if the offender has + or apothecaries selling caused any immediate damage; + adulterated drugs, any person but if the cause of damage be + suffers danger or injury. remote, imprisonment from a day to + 1 month. + + 44. Damage to man or child, Imprisonment from 1 day to + occasioned by riding or driving a month; to be augmented, in + carriages with too much speed; case death or wound should have + or injury received by persons resulted from the accident. + incapable of guarding against + danger, occasioning a wound or + death, which might have been + prevented by due vigilance. + + 45. Breaking Quarantine, &c. By a Military Court of + and fabricating false bills of Justice. + health. + + 46. Actions prejudicial to Condemnation to the public + health, or nuisance, where the works, with or without fetters; + necessary precautions prescribed either from 1 day to a month, or + by the laws of health are from 1 month to a year. + neglected in cases of dead + animals, distempers among + cattle, &c. &c. + + * * * * * + + _Civil Offences that affect the Fortunes and Rights of Citizens._ + + 47. Stealing to the value of Confinement, corporal correction, + 25 crowns of any moveable, and the augmentation of + when not accompanied with the punishment if requisite. + aggravating circumstances: + _Stealing Wood in a + Forest--Poaching by an + unqualified person--Stealing + Fruit from Trees--or earth + from open Fields_--though + beyond the value of 25 crowns. + (See ante, No. 38, 39.) + + 48. Using Frauds in playing The pillory and condemnation + at Games allowed by Law. to the public works, in atrocious + cases; also imprisonment, from + 1 day to a month, and + restitution.--In case of + foreigners, the pillory and + banishment. + + 49. _Accomplices_ Imprisonment from 1 day to a + co-operating in such Frauds. month. + + 50. _Playing at prohibited A fine of 300 ducats, or + Games._ imprisonment. + + 51. _Persons selling Imprisonment from 1 day to a + Merchandize_ at higher prices month, which may be augmented. + than fixed by the Police, or by + false weight or measure. + + 52. _Adultery._ Corporal correction, or + imprisonment from 1 day to a + month. + + 53. _Contracting illegal Imprisonment from 1 day to a + Marriages._ (See ante, No. month, and condemnation to the + 42.) public works. + + 54. _Servants_ receiving Corporal correction or + earnest, and engaging to serve imprisonment from 1 day to a + more masters than one, or month. + otherwise misbehaving. + + 55. _Masters_ giving Imprisonment from 1 day to a + servants a false character. month. + + 56. _Libels_ on another by Condemnation to the public + writings or disgraceful prints works; reserving the right to + or drawings, causing injury to recompence to the party wronged. + another. (See ante, No. 28.) + + 57. Distributing or publishing Condemnation to the public + Libels. works; reserving the right of + recompence to the party wronged. + + 58. _Actions_ by which Corporal correction. + danger by fire may be + occasioned; such as smoking + tobacco in a stable, + timber-yard, &c. + + 59. Acts of hasty petulance, Imprisonment various, or + leading to quarrels, assaults, condemnation to the public works. + and damages. + + * * * * * + + _Civil Offences that tend to the Corruption of Morals._ + + 60. Wickedly insulting the Detention in the hospital destined + Supreme Being by words, deeds, for madmen; where the offender + or actions, in a public place, is to be treated like a man + or in the presence of another out of his senses, until his + person. amendment be perfect and assured. + + 61. Disturbing the exercise Imprisonment from 1 day to a + of Public Worship, &c. month; to be augmented by + fasting and corporal correction. + + 62. Writing or Preaching Pillory and Imprisonment, + against the Christian Religion, from 1 day to a month, or to a + and Catholick Faith, &c. &c. year. + Heresies, &c. + + 63. Committing indecencies Imprisonment from 1 day to a + in any public street or place. month, augmented by fasting. + + 64. Attempting to seduce or Imprisonment from 1 day to a + insult women of reputation, by month. + shameful debauchery, and using + gestures, or discourses, + tending to that purpose. + + 65. Carnal Commerce by Corporal Correction, and + Man with Beast, or with a condemnation to the public works; + person of the same and banishment from the place + sex,--_Sodomy_. where the offence has been + publicly scandalous. + + 66. Consenting to shameful Condemnation to the public + debauchery in his house; works, from 1 month to 1 year; + Keeping a _Bawdy House_. to be augmented when an innocent + person has been seduced; + second offence, the pillory. + + 67. Any person, man or woman, Imprisonment from 1 month + making a business of to a year; second offence, + prostitution, and deriving punishment double, and augmented + profit from thence. by fasting and corporal + correction. + + 68. Dealing in Books, Pictures, Imprisonment from 1 day to 1 + or Prints which represent month. + indecent actions. + + 69. Disguising in masks, and The same. + obtaining admission into + societies, and secret + fraternities not notified to + the Magistrate. + + 70. Harbouring in dwellings The same. + persons not known to have an + honest mean of living. + + 71. Banished persons, from Corporal correction, to be + the whole of the Austrian doubled at each successive return; + Dominions--returning, &c. and the offender to be banished + from the Hereditary Dominions. + +[Footnote 15: In cases where a criminal appears to be remarkably +depraved, and that the apprehensions he may excite require such +precautions, he shall be branded on each cheek with the mark of a +gallows, so visibly and strongly impressed as not to be effaced either +by time or any other means whatever.] + +[Footnote 16: This punishment is different from the pillory in +England. In the German Language it signifies an exposure on the public +theatre of shame. The Criminal is chained and guarded on an elevated +scaffold, and exposed an hour at a time, with a paper on his breast +denoting his offence.] + +[Footnote 17: When a criminal is condemned to severe imprisonment, he +has no bed but the floor, no nourishment but bread and water, and all +communication with relations, or even strangers, is refused him. When +condemned to milder imprisonment, better nourishment is allowed; but +he has nothing to drink but water.] + +[Footnote 18: Corporal punishment is inflicted with a whip, rod, or +stick, publicly, on the criminal; the degree of punishment (within 100 +lashes or strokes at one time) depends on the sound prudence of the +Judge.] + +[Footnote 19: The punishment of the Chain is inflicted in the +following manner. The criminal suffers severe imprisonment, and is so +closely chained, that he has no more liberty than serves for the +indispensable motion of his body.--Chained criminals suffer a corporal +punishment once a year, as an example to the Public.] + +In contemplating the various component parts of this Code, it is easy +to discover that although some features of it may be worthy of +imitation, upon the whole it is not suited either to the English +constitution or the genius of our people. It is, however, a curious +and interesting document, from which considerable information may be +drawn; if ever that period shall arrive when a revision of our own +criminal Code (in many respects more excellent than this) shall become +an object of consideration with the Legislature.--At all events it +strongly evinces the necessity of adapting the laws to the +circumstances and situation of the Government; and of the people whose +vices are to be restrained. + +The total abolition of the Punishment of death (excepting in military +offences cognizable by Courts Martial) is a very prominent feature in +this Code; which appears to have been founded in a great measure on +the principles laid down by the Marquis Beccaria, in his Essay on +Crimes and Punishments: That able writer establishes it as a maxim, +which indeed will scarcely be controverted--"That the severity of +Punishment should just be sufficient to excite compassion in the +spectators, as it is intended more for them than the criminal.--A +punishment, to be just, should have only that degree of severity which +is sufficient to deter others, and no more"--This authour further +asserts, "That perpetual labour has in it all that is necessary to +deter the most hardened and determined, as much as the punishment of +death, _where every example supposes a new crime_:--perpetual labour +on the other hand, affords a frequent and lasting example."[20] + +[Footnote 20: The punishment of death is not authorized by any +right.--If it were so, how could it be reconciled to the maxim, that a +man has no right to kill himself? + +The punishment of death is a war of a whole nation against a citizen, +whose destruction is considered as necessary or useful to the public +good.--If I can demonstrate that it is neither necessary nor useful, I +shall have gained the cause of humanity.--If the experience of all +ages be not sufficient to prove that the punishment of death has never +prevented determined men from injuring society--if the example of the +Romans--if twenty years' reign of Elizabeth, Empress of Russia, be not +sufficient, let us consult human nature in proof of my assertion. + +The death of a criminal is a terrible, but momentary spectacle; and +therefore a less efficacious method of deterring others, than the +continued example of a man deprived of his liberty, and condemned to +repair by his labour, the injury done to Society. A condition so +miserable is a much more powerful preventive than the fear of death, +which men always behold in distant obscurity. + +BECCARIA, cap. 28.] + +Doubtless, the fundamental principle of good legislation is, rather to +prevent crimes than to punish.--If a mathematical expression may be +made use of, relative to the good and evil of human life, it is the +art of conducting men to the _maximum_ of happiness and the _minimum_ +of misery. + +But in spite of all the efforts of human wisdom, aided by the lights +of Philosophy, and freed from the mist of prejudice or the bigotry of +darker ages;--In spite of the best laws, and the most correct system +of Police which the most enlightened Legislature can form: it will +not be altogether possible, amid the various opposite attractions of +pleasure and pain, to reduce the tumultuous activity of mankind to +absolute regularity:--We can only hope for a considerable reduction of +the evils that exist.--_Let the Laws be clear and simple;--let the +entire force of the Nation be united in their defence; let the Laws be +feared, and the Laws only._ + + + + +CHAP. III. + + _The causes and progress of small Thefts in London explained + and traced to the numerous Receivers of stolen Goods, under + the denominations of Dealers in Rags, Old Iron, and other + Metals.--The great increase of these Dealers of late + years.--Their evil tendency, and the absolute necessity of + Regulations, to prevent the extensive Mischiefs arising from + the Encouragements they hold out, to persons of every age + and description, to become Thieves, by the purchase of + whatever is offered for sale.--A Remedy suggested.--Petty + Thefts in the country round the Metropolis--Workhouses the + causes of idleness--Commons--Cottagers--Gypsies--Labourers + and Servants; their general bad character and propensity to + thieving small articles from their Masters, encouraged by + Receivers.--Thefts in Fields and Gardens--Their extent and + amount throughout England--Frauds in the sale and + adulteration of Milk in the Metropolis._ + + +In a preceding Chapter the small thefts committed by persons not known +to belong to the fraternity of Thieves, are estimated to amount to the +enormous sum of L.700,000 a year. + +This discovery (except what relates to embezzled silk, cotton, and +worsted) was originally made through the medium of a considerable +Dealer in Rags and Old Iron, and other Metals, who communicated to the +Author much interesting information, respecting Receivers of stolen +Goods, confirmed afterwards through other channels, the substance of +which has been already alluded to; and of which the following are more +ample details: + + That there exists in this Metropolis, (and also in all the + towns where his Majesty's Dock-Yards are established) a + class of Dealers, of late years become extremely numerous, + who keep open shops for the purchase of _Rags, Old Iron, and + other Metals_. + + "That these Dealers are universally, almost without a single + exception, the Receivers of stolen Goods of every + denomination; from a nail, a skewer, a key, or a glass + bottle, up to the most valuable article of portable + household goods, merchandize, plate, or jewels, &c. &c. + + "That they are divided into two classes:--_Wholesale_ and + _Retail Dealers_. That the Retail Dealers are generally + (with some exceptions) the immediate purchasers in the first + instance, from the pilferers or their agents; and as soon as + they collect a sufficient quantity of iron, copper, brass, + lead, tin, pewter, or other metals, worthy the notice of a + large Dealer, they dispose of the same for ready money; by + which they are enabled to continue the trade. + + "That the increase of these old iron, rag, and store shops + has been astonishing within the last twenty years. + + "That, as the least trifle is received, the vigilance of the + parties, from whom the articles are stolen, is generally + eluded; by the prevailing practice of taking only a small + quantity of any article at a time. + + "That the articles thus received are generally purchased at + about one-third of the real value, and seldom at more than + half;--glass bottles in particular, are bought at one penny + each, and no question asked:--they are afterwards sold to + dealers in this particular branch, who assort and wash them, + and again re-sell them to inferior wine-dealers at nearly + the full value:--this has become, of late, an extensive line + of trade. + + "That further facilities are afforded by the dealers in old + iron, in the collection of metals, rags, and other articles + purloined and stolen in the Country; which are conveyed to + town by means of _single-horse carts_, kept by itinerant + Jews, and other doubtful characters; who travel to + Portsmouth, Chatham, Woolwich, Deptford, and places in the + vicinity of London, for the purpose of purchasing metals + from persons who are in the habit of embezzling the King's + stores, or from dealers on the spot, who are the first + receivers; from them, _copper-bolts, nails, spikes, iron, + brass, lead, pewter_, and other ship articles of + considerable value are procured.--These single-horse carts + have increased greatly of late years, and have become very + profitable to the proprietors. + + "That some of these dealers in old metals, notoriously keep + men employed in knocking the broad Arrow, or King's mark, + out of the copper-bolts, nails, and bar iron, whereon it is + impressed, and also in cutting such bar iron into portable + lengths, after which it is sold to the great dealers, who + supply the Public Boards; and who are in some instances + supposed by this means to sell the same Article to these + boards even _two_ or _three_ times over. + + "That the trade thus carried on, is exceedingly productive + both to the retail and wholesale dealers; many of whom are + become extremely opulent, and carry on business to the + extent of from ten to thirty, and in some few instances, + fifty thousand a year in old metals alone. + + "That the quantity of new nails, taken from the public + repositories, and from private workshops, and disposed of at + the old iron shops exceeds all credibility. + + "And finally, that the retail dealers in old iron, with some + exceptions, are the principal purchasers of the pewter pots + stolen from the Publicans, which they instantly melt down + (if not previously done) to elude detection." + +Thus are the lower ranks of Society assailed on all hands; and in a +manner allured to be dishonest, by the ready means of disposing of +property, unlawfully acquired, to satisfy _imaginary_ and too +frequently _criminal_ wants, excited by the temptations which the +amusements and dissipations of a great Capital, and the delusion of +the Lottery, hold out. + +The rapid growth of this Evil within the last twenty years, and the +effect it has upon the morals of menial servants and others, who must +in the nature of things have a certain trust committed to them, is a +strong reason why some effectual remedy should be administered as +speedily as possible. + +It seems, under all circumstances, that the regulation of these +Iron-shops, by licence, and by other restrictions connected with the +public security, has become a matter of immediate necessity; for it is +a dreadful thing to reflect that there should exist and grow up, in so +short a period of time, such a body of criminal dealers, who are +permitted to exercise all the mischievous part of the functions of +Pawnbrokers; enjoying equal benefits, without any of the restrictions +which have already been extended to this last class of dealers; who +themselves also require further regulations, which will be hereafter +discussed. + +But beside the dealers in _old iron_, it will be necessary to extend +the regulation proposed, to dealers in _second-hand wearing apparel_, +whether _stationary_ or _itinerant_; for through this medium also, a +vast quantity of bed and table linen, sheets, wearing apparel, and +other articles, pilfered in private families, is disposed of; and +money is obtained, without asking questions, with the same facility as +at the iron shops. + +To prevent metals from being melted by Receivers of stolen Goods, and +other persons keeping crucibles and melting vessels, by which means +the most infamous frauds are committed, to the evasion of justice, by +immediately melting plate, pewter pots, and every kind of metal that +can be identified; it may be also necessary to regulate, by licence, +all _Founders of metal_, and also the horse and truck carts used for +the purpose of conveying old metals from place to place: so as, upon +the whole, to establish a _mild, but complete System of Prevention_; +by limiting the dealers in old metals and second-hand wearing apparel, +to the honest and fair part of their trade, and by restraining them +with regard to that which is fraudulent and mischievous. + +At present these respective dealers may truly be said to be complete +pests of Society.--They are not, like Pawnbrokers, restrained, as to +the hours of receiving or delivering goods.--Their dealings are often +in the night time, by which means they enjoy every opportunity of +encouraging fraud and dishonesty. + +It is impossible to contemplate the consequences arising from the +seduction of so many individuals, young and old, who must be +implicated in the crimes which these abominable receptacles encourage, +without wishing to see so complicate and growing a mischief engage +the immediate attention of the Legislature, that a remedy may be +applied as early as possible.[21] + +[Footnote 21: This remedy as it respects Receivers of stolen Goods, is +specifically explained at the close of a subsequent Chapter which +relates entirely to that subject, and to which the Reader is +particularly referred.] + +This System of petty thievery and general depredation is, however, by +no means confined to the precincts of the Metropolis: it is extended +in a peculiar manner through the different Counties in its +Vicinity.--The following particulars, extracted from Mr. _Middleton's_ +View of the Agriculture of _Middlesex_, will enable the Reader to form +some judgment of the extent of the mischief, and the causes from which +it originates; producing and increasing that band of plunderers, of +which the Metropolis itself has ultimately been at once the Nurse and +the Victim. + +"The funds raised for supporting the _Idle Poor of this country_ (says +this intelligent writer) are so numerous, efficient, and comfortable, +as to operate against the general industry of the _Labouring Poor_. + +"Lodging and diet in the workhouses, in every instance, are superior +to what the industrious labourer can provide for his family. It is +obvious that this must have an influence over their minds, and become +most injurious to the interests of society; it holds out encouragement +to prefer the workhouse to labour; and, by filling the poor houses +with improper inhabitants, it reduces the amount of industry." + +The annual expence of each pauper is calculated by the same Writer at +about _Fifteen Guineas_; a stout healthy labourer in husbandry, with a +wife and three children, earns only Thirty for the support of five +persons. + +"The want of prudence is increased, and general industry lessened, on +the part of the poor, by the facility with which voluntary +contributions are raised during every temporary inconvenience, such as +a few weeks' frost, or an extraordinary advance in the price of +provisions.[22] And also by the constantly cloathing upwards of ten +thousand children of the labouring Poor in this Country. + +[Footnote 22: This observation can only apply to such voluntary +contributions as are liable to abuses, and where the poor are +permitted to dispose of the benevolence of the opulent in their own +way.--The _Soup-Charities_ established in different parts of the +Metropolis are a peculiar exception, inasmuch as they contribute only +to the relief of those that are really objects of distress, while no +Public Charity heretofore instituted has been found to be liable to +fewer abuses. In a great Metropolis like London, it has been clearly +established, that in spite of every regard to prudence and oeconomy, +decent families will be suddenly broke down, while the habits of life +peculiar to the lower orders, and their want of the knowledge of +frugal cookery have proved a source of much real calamity; for where +nothing is laid up, every pressure arising from sickness, child-birth, +or death throws many hundreds upon the Public, who have no legal +parochial Settlement, and who but for some relief must absolutely +perish;--While the Soup-Charities hold out immediate and constant +relief to many families, who might otherwise perish with +hunger;--while this species of relief may be said to be accessible to +every indigent family in the Metropolis, no lure is held out to the +idle or profligate. It cannot be disposed of, as bread, meat, and +coals, for gin and other articles. There is therefore scarcely any +risque of deception, more especially as the applicants pay down half +the original cost on receiving it--Thus establishing the means of +discrimination between _real_ and _pretended distress_. About 10,000 +families, composed chiefly of persons who had not the means of +obtaining sufficient food to support nature, consisting of 50,000 men, +women, and children, were relieved by the daily distribution of Soups +at _Spital-Fields_, _Clerkenwell_, _St. George's Fields_, and +_Westminster_, during the last winter, at an expence to the +Subscribers not exceeding One Guinea for every 504 meals of rich +nourishing Soup, which those poor people received. But this is not the +only advantage which attends these Institutions, since there is every +reason to believe, that while the poor are thus frugally fed, they are +taught by example, and by circulating among them printed friendly +advices, what they never knew before--_The means of making a little go +far_, by introducing the same beneficial mode of dressing food in +their own houses. And from a minute attention to this object, the +Author has great satisfaction in stating, that from the eagerness +shewn to obtain the Soup, and the thankfulness almost universally +expressed for the benefits it conferred, there is every reason to +hope, that more good has arisen to the industrious poor from these +establishments (which are now extending themselves in the Villages and +Manufacturing Towns) than by any plan which has ever been resorted to +for relieving distress. Among the various classes of benevolent +individuals, to whom the Public have been indebted for their pecuniary +and personal aid in promoting this design the Society of _The Friends_ +is peculiarly prominent. To the zeal and perseverance they have +manifested, and the valuable time they have bestowed, in giving effect +and utility to the System, is owing much of its success.] + +"Every institution which tends to make the poor depend on any other +support than their own industry does them great disservice, and is +highly injurious to society, by diminishing the quantity of labour +which annually produces consumable goods, the only wealth of a +nation." + +Although these suggestions may appear harsh, and some of them may +admit of more extended discussion, yet they certainly deserve very +serious consideration; as do also the following observations on the +Commons and Waste Lands with which this kingdom still abounds; and on +the general character of Servants and Labourers; the latter of which +afford but too melancholy a confirmation of many opinions which the +author of this treatise has thought it his duty to bring forward to +the Public eye. + +"On estimating the value of the Commons in Middlesex, including every +advantage that can be derived from them in pasturage, locality of +situation, and the barbarous custom of turbary, it appears that _they +do not produce to the Community, in their present state, more than +four shillings per Acre_! On the other hand, they are, in many +instances, of real injury to the Public, by holding out a lure to the +poor man; by affording him materials wherewith to build his cottage, +and ground to erect it upon; together with firing, and the run of his +poultry and pigs for nothing. This is, of course, temptation +sufficient to induce a great number of poor persons to settle upon the +borders of such Commons. But the mischief does not end here; for +having gained these trifling advantages, through the neglect or +connivance of the Lord of the Manor, it unfortunately gives their +minds an improper bias, and inculcates a desire to live, from that +time forward, without labour, or at least with as little as possible. + +"The animals kept by this description of persons, it is soon +discovered by their owners, are not likely to afford them much +revenue, without better feed than the scanty herbage on a Common; +hence they are tempted to pilfer corn, &c. towards their support; and +as they are still dependant on such a deceptious supply, to answer the +demands of their consumption, they are in some measure constrained to +resort to various dishonest means, so as to make up the deficiency. + +"It is a notorious fact, that in all cases cottages not having any +ground belonging to them promote thieving to a great extent; as their +inhabitants constantly rob the neighbouring farms and gardens of root +and pulse sufficient for their own consumption, and which they would +have no temptation to do, if they had the same articles growing of +their own." Hence Mr. Middleton suggests the evil admits of an easy +remedy, namely, the allotting to each cottager a piece of ground. + +"Another very serious evil which the Public suffers from these Commons +is, that they are the constant rendezvous of Gypsies, Strollers, and +other loose persons, living under tents which they carry with them +from place to place, according to their conveniency. Most of these +persons have asses, many of them horses, nay, some of them have even +covered carts, which answer the double purpose of a caravan for +concealing and carrying off the property they have stolen, and also of +a house for sleeping in at night. They usually stay a week or two at a +place; and the cattle which they keep serve to transport their few +articles of furniture from one place to another. These, during the +stay of their owners, are turned adrift to procure what food they can +find in the neighbourhood of their tents, and the deficiency is made +up from the adjacent hay-stacks, barns and granaries. They are known +never to buy any hay or corn, and yet their cattle are supplied with +these articles of good quality. The women and children beg and pilfer, +and the men commit greater acts of dishonesty. _In short, the Commons +of this Country are well known to be the constant resort of footpads +and highwaymen, and are literally and proverbially a public +nuisance._"---- + +"_The Labourers of this country are ruined in morals and constitution +by the public houses._ It is a general rule, that the higher their +wages, the less they carry home, and consequently the greater is the +wretchedness of themselves and their families. Comforts in a cottage +are mostly found where the man's wages are low, at least so low as to +require him to labour six days a week. For instance, a good workman at +nine shillings per week, if advanced to twelve will spend a day in the +week at the alehouse, which reduces his labour to five days, or ten +shillings; and as he will spend two shillings in the public house, it +leaves but eight for his family, which is one less than they had when +he earned only nine shillings. + +"If by any means he be put into a situation of earning eighteen +shillings in six days, he will get drunk Sunday and Monday, and go to +his work stupid on Tuesday; and should he be a mechanical journeyman +of some genius, who by constant labour could earn twenty-four +shillings or thirty shillings per week, as some of them can, he will +be drunk half the week, insolent to his employer, and to every person +about him. + +"If his master has business in hand that requires particular dispatch, +he will then, more than at any other time, be absent from his work, +and his wife and children will experience the extreme of hunger, rags +and cold. + +"The low _Inns on the road sides_ are, in general, receiving houses +for the corn, hay, straw, poultry, eggs, &c. which the farmers' men +pilfer from their masters. + +"_Gentlemen's Servants_ are mostly a bad set, and the great number +kept in this county, is the means of the rural labourers acquiring a +degree of idleness and insolence unknown in places more remote from +the Metropolis. + +"The poor children who are brought up on the borders of commons and +copses, are accustomed to little labour, but too much idleness and +pilfering. Having grown up, and these latter qualities having become a +part of their nature, they are then introduced to the farmers as +servants or labourers; and very bad ones they make. + +"The children of small farmers, on the contrary, have the picture of +industry, hard labour, and honesty, hourly before them, in the +persons of their _parents_, and daily hear the complaints which _they_ +make against idle and pilfering servants, and comparisons drawn highly +in favour of honesty. In this manner honesty and industry become, as +it were, a part of the nature of such young folks. The father's +property is small, and his means few; he is therefore unable to hire +and stock a farm for each of his children; they consequently become +servants on large farms, or in gentlemen's families, and in either +situation are the most faithful part of such establishments."---- + +"One great hindrance to comfort in a life of agriculture, and which +drives liberal minded men, who are always the best friends to +improvement, out of the profession, is the want of laws to put a total +stop to the Receivers of stolen goods. These are the wretches who +encourage servants in agriculture, and others to pilfer, by holding +out the lure of buying every article, which such servants can bring +without asking them any questions. Most things which are usually +produced on a farm, from so small an article as an egg, to hay, straw +and grain of all sorts are daily stolen,[23] and sold on the sides of +every principal road in this county. Among the Receivers are to be +reckoned Millers, Cornchandlers, Dealers in eggs, butter and poultry, +and the Keepers of Chandlers' shops. + +[Footnote 23: These thefts are committed by degrees in a small way, +seldom exceeding a truss of hay or a bushel of corn by one man at one +time; and are generally of smaller articles. In some places the +stealing of gate-hooks and iron-fastnings is so common as to compel +the farmer both to hang and fasten his gates with wood. _Middleton._] + +"The Drivers of Gentlemen's carriages are intrusted to buy hay, straw, +and corn, for their horses; in the doing which, they generally cheat +their masters of 5_s._ in each load of hay, of 2_s._ 6_d._ in each +load of straw, and 1_s._ in every quarter of corn. This gives them an +interest in the consumption, makes them extremely wasteful, and brings +on habits of dishonesty. + +"The Ostlers at the Inns on the sides of the roads, purchase stolen +hay, straw, corn, eggs, and poultry. A person who kept a horse several +weeks at one of these inns, in attending occasionally to see the +animal, discovered him to be fed with wheat, barley and oats mixed +together, which could only happen by the farmers' servants robbing +their Master, and selling the corn to the Ostler."---- + +"The fields near London are never free from men strolling about in +pilfering pursuits by day, and committing great crimes by night. The +depredations every Sunday are astonishingly great. There are not many +gardens within five miles of London, that escape being visited in a +marauding way, very early on a Sunday morning, and the farmers' fields +are plundered all day long of fruit, roots, cabbages, pulse and corn. +Even the ears of wheat are cut from the sheaves, and carried away in +the most daring manner in open day, in various ways, but mostly in +bags containing about half a bushel each. It has been moderately +estimated, that 20,000 bushels of all the various sorts are thus +carried off every Sunday morning, and 10,000 more during the other six +days of the week; or one million and a half of bushels in a year, +which, if valued at so small a sum as sixpence each, would amount to +L37,500. + +"The occupiers of many thousand acres round London, lose annually in +this manner to the amount of much more than 20_s._ an acre. + +"A Miller near London being questioned as to small parcels of wheat +brought to his mill to be ground, by a suspected person, soon after +several barns had been robbed, answered, that any explanation on that +head would put his mills in danger of being burnt. Well may the +_farmers_ say, 'Their _property is not protected like that of other +men_.'" + +Mr. Middleton calculates that the depredations committed on the landed +interest probably amount to 4_s._ an acre per annum, on all the +cultivated lands in England, or to eight millions of pounds sterling +per annum: and including the injuries done by game and vermin, he +supposes, that the farmers' property suffers to the amount of 10_s._ +an acre, or nearly twenty millions annually. + +The following curious circumstances relative to the adulteration of +_Milk_ in the Metropolis, ought to be added to the list of petty +frauds, which not merely affect the pockets but the health of the +inhabitants of London. The number of milch cows kept for the purpose +of supplying the Metropolis with this article, is stated by Mr. +_Middleton_, after very diligent inquiry, at 8,500; and each cow is +supposed to afford on an average nine quarts of milk per day.-- + +"When the families of fashion are in London for the winter season, the +consumption, and consequent deterioration of milk are at the highest; +during the summer months, when such families are for the most part in +the country, the milk may probably be of rather a better quality. + +"The milk is always given in its genuine state to the retail dealers; +and as it is sold to them by the Cow-keepers after the rate of +twopence and 1-8th of a penny per quart, and is retailed by them at +threepence halfpenny per quart, the profit is surely so large as ought +to prevent even the smallest adulteration. But when it is considered +how greatly it is reduced _by water_, and impregnated with _worse_ +ingredients, it is much to be lamented that no method has yet been +devised to put a stop to the many scandalous frauds and impositions in +general practice, with regard to this very necessary article of human +sustenance. + +"It is certainly an object well deserving the particular consideration +of the Legislature. It cannot be doubted, that many persons would be +glad to make some addition to the price now paid for it (high as that +price is) provided they could, for such increased price, procure so +useful an article in domestic oeconomy perfectly genuine.[24] + +[Footnote 24: Not satisfied with the profit here stated, which, +considering the difference of measures, is above 100 per cent. is a +common practice with the Retailers of this useful article to carry the +milk first home to their own houses, where it is set up for half a +day, when the cream is taken from it, at least all that comes up in +that time, and it is then sold for new milk. By which means, what is +delivered in the morning is no other than the milk of the preceding +afternoon, deprived of the cream it throws up by standing during that +time. By this means a farther considerable profit accrues to the +Retailers, and the milk is greatly reduced in point of strength and +quality. This cream, poor as it is, they again mix with flour, chalk, +and perhaps other more baneful ingredients, and yet it finds a ready +market in the Metropolis. _Middleton._] + +"Five or six men only are employed in attending near three hundred +cows. As one woman cannot milk above eight or nine cows twice a day, +that part of the business would necessarily be attended with +considerable expence to the Cow-keeper, were it not that the Retailer +agrees for the produce of a certain number of cows, and takes the +labour and expence of milking on himself. + +"Every Cow-house is provided with a milk-room (where the milk is +measured and served out by the Cow-keeper) and this room is mostly +furnished with _a pump_, to which the Retail Dealers apply in +rotation; not secretly, but openly before any person that may be +standing by, from which they pump water into the milk vessels at their +discretion. The pump is placed there expressly for that purpose, and +indeed is very seldom used for any other. A considerable Cow-keeper +in Surrey has a pump of this kind, which goes, by the name of the +_Famous Black Cow_ (from the circumstance of its being painted black) +_and is said to yield more than all the rest put together_. + +"Where such a pump is not provided for them things are much worse, for +in that case the Retailers are not even careful to use _clean_ water. +Some of them have been seen to dip their pails in a common +horse-trough. And what is still more disgusting, though equally true, +one cow-house happens to stand close to the edge of a stream, into +which runs much of the dung, and most of the urine of the cows, and +even in this stream, so foully impregnated, they have been observed to +dip their milk-pails. + +"A Cow-keeper informs me, that the Retail Milk Dealers are for the +most part the refuse of other employments, possessing neither +character, decency of manners, nor cleanliness. + +"No person could possibly drink of the milk, were they fully +acquainted with the filthy manners of these dealers in it. + +"The same person suggests, _as a remedy for these abuses, that it +would be highly proper for every Retail Milk Dealer to be obliged to +take out an Annual Licence from the Magistrates_; which licence should +be granted only to such as could produce a certificate of good +conduct, signed by the Cow-keeper and a certain number of their +customers; and also on their being sworn to sell the milk pure and +unadulterated." + + + + +CHAP. IV. + + _General Reflections arising from the perpetration of the + higher and more atrocious crimes of Burglary, Highway + Robbery, &c.--These crimes more peculiar to England than to + Holland and Flanders, &c.--The Reason explained.--A general + View of the various classes of Criminals engaged in + Robberies and Burglaries and of those discharged from Prison + and the Hulks.--Their miserable situation as Outcasts of + Society, without the means of Support.--The necessity of + some Antidote previous to the return of Peace.--The means + used at present by Thieves in accomplishing their nefarious + Purposes.--Observations on the stealing Cattle, Sheep, Corn, + &c.--Receivers of Stolen Goods shewn to be the Nourishers of + every description of Thieves.--Remedies suggested, by means + of Detection and Prevention._ + + +It is impossible to reflect upon the outrages and acts of violence +continually committed, more particularly in and near the Metropolis by +lawless ravagers of property, and destroyers of lives, in disturbing +the peaceful mansion, _the Castle of every Englishman_, and also in +abridging the liberty of travelling upon the Public Highways, without +asking--_Why are these enormities suffered in a Country where the +Criminal Laws are supposed to have arrived at a greater degree of +perfection than any other?_ + +This is an important inquiry, interesting in the highest degree, to +every member of the Body Politic. + +If, in pursuing such an inquiry, the situation of Holland, Flanders, +and several of the Northern States on the Continent, be examined, it +will be found that this terrific evil had (alluding to these States +previous to the present war) there scarcely an existence: and, that +the precaution of bolting doors and windows during the night, was even +seldom used; although, in these Countries, from the opulence of many +of the inhabitants, there were great temptations to plunder property. + +This security did not proceed from _severer punishments_, for in very +few Countries are they more sanguinary than in England.--It is to be +attributed to a more correct and energetic system of Police, joined to +an early and general attention to the employment, education, and +morals of the lower orders of the people; a habit of industry and +sobriety is thus acquired, which, universally imbibed in early life, +"grows with their growth, and strengthens with their strength." + +Idleness is a never-failing road to criminality. It originates +generally in the inattention and the bad example of profligate +parents.--And when it has unfortunately taken hold of the human mind, +unnecessary wants and improper gratifications, not known or thought +of by persons in a course of industry, are constantly generated: hence +it is, that crimes are resorted to, and every kind of violence, +hostile to the laws, and to peace and good order, is perpetrated. + +The criminal and unfortunate individuals, who compose the dismal +catalogue of Highwaymen, Footpad-Robbers, Burglars, Pick-Pockets, and +common Thieves, in and about this Metropolis, may be divided into the +three following classes: + + 1. Young men of some education, who having acquired idle + habits by abandoning business, or by being bred to no + profession, and having been seduced by this idleness to + indulge in gambling and scenes of debauchery and + dissipation, at length impoverished and unable to purchase + their accustomed gratifications, have recourse to the + highway to supply immediate wants. + + 2. Tradesmen and others, who having ruined their fortunes + and business by gaming and dissipation, sometimes as a + desperate remedy, go upon the road. + +But these two classes are extremely few in number, and bear no +proportion to the lower and more depraved part of the fraternity of +thieves, who pursue the trade systematically; who conduct their +depredations under such circumstances of caution, as to render +detection extremely difficult; and whose knowledge of all the weak +parts of the Criminal Law is generally so complete, as to enable them +to elude justice, and obtain acquittals, when detected and put upon +their trial:--_Namely_-- + + 3. 1st. Servants, Ostlers, Stable and Post-Boys out of + place, who, preferring what they consider as idleness, have + studied the profession of Thieving.--2d. Persons who being + imprisoned for debts, assaults, or petty offences, have + learned habits of idleness and profligacy in gaols.--3d. + Idle and disorderly mechanics and labourers, who having on + this account lost the confidence of their masters or + employers, resort to thieving, as a means of support; from + all whom the notorious and hacknied thieves generally select + the most trusty and daring to act as their associates.--4th. + Criminals tried and acquitted of offences charged against + them, of which class a vast number is annually let loose + upon Society.--5th. Convicts discharged from prison and the + Hulks, after suffering the sentence of the Law: too often + instructed by one another in all the arts and devices which + attach to the most extreme degree of human depravity, and in + the perfect knowledge of the means of perpetrating Crimes, + and of eluding Justice. + +To form some judgment of the number of persons in this great +Metropolis who compose at least a part of the Criminal Phalanx engaged +in depredations and acts of violence, it is only necessary to have +recourse to the following Statement of the number of prisoners +discharged, during a period of four years, from the eight different +Gaols in the Metropolis, and within the Bills of Mortality. + + 1. Discharged by proclamation and gaol-deliveries; + having been committed in consequence of being + charged with various offences for which bills + were not found by the Grand Jury, or where + the prosecutors did not appear to maintain and + support the charges 5592 + + 2. Discharged by acquittals, in the different Courts; + (frequently from having availed themselves of + the defects of the Law,--from frauds in keeping + back evidence, and other devices) 2962 + + 3. Convicts discharged from the different gaols, + after suffering the punishment of imprisonment, + &c. inflicted on them for the several + offences 2484 + ----- + Total 11038 + +The following is a Statement of the number of these discharges from +the year 1792 to 1799 inclusive:-- + + 1. Discharged by Proclamations and Gaol-deliveries 8650 + + 2. Discharged by Acquittals 4935 + + 3. Discharged after punishment: or by + being bailed or pardoned 6925 + ------ + Total 20,510 + ------ + +If to this deplorable Catalogue shall be added the Convicts which have +been returned on the Public from the Hulks within the same period, +namely, from 1792 to 1799 inclusive, either from pardons, escapes, or +the expiration of their punishment, the numbers will stand thus: + + Enlarged in 1792 303 + ---- 1793 435 + ---- 1794 62 + ---- 1795 67 + ---- 1796 38 + ---- 1797 39 + ---- 1798 93 + ---- 1799 346 + ---- + 1383 + ------ + Total from Gaols and from the Hulks 21,893 + +Humanity shudders at the contemplation of this interesting part of the +discussion, when it is considered, who these our miserable +fellow-mortals are! and what is to be expected from the extreme +depravity which attaches to the chief part of them! + +And here a prominent feature of the imperfect state of the Police of +the Metropolis and the Country is too evident to escape notice. + +_Without friends, without character, and without the means of +subsistence_, what are these unhappy mortals to do?--They are no +sooner known or suspected, than they are avoided.--No person will +employ them, even if they were disposed to return to the paths of +honesty; unless they make use of fraud and deception, by concealing +that they have been the inhabitants of a _Prison_, or of the _Hulks_. + +At large upon the world, without food or raiment, and with the +constant calls of nature upon them for both, without a home or any +asylum to shelter them from the inclemency of the weather, _what is to +become of them_? + +The Police of the Country has provided no place of industry, in which +those who were disposed to reform might find subsistence in return for +voluntary labour; which, in their present situation, becomes useless +to them, because no person will purchase it by employing them.[25] +Under all these circumstances it is to be feared, indeed it is known, +that many Convicts, from dire necessity, return to their old +courses.--And thus, through the medium of these miserable outcasts of +Society, crimes are increased and become a regular trade, because many +of them can make no other election. + +[Footnote 25: That man will deserve a statue to his memory who shall +devise and carry into effect a plan for the employment of _Discharged +Prisoners and Convicts_, who may be desirous of labouring for their +subsistence in an honest way.--It is only necessary for some men of +weight and influence to make the attempt, in order to insure the +assistance of the opulent and humane in so good and necessary a Work. +See a future Chapter as to the present state of punishment and the +remedies proposed.] + +It is indeed true, that during the first three years of the present +war, many Convicts and idle and disorderly persons were sent to the +Army and Navy: but still a vast number remained behind, who could not +be accepted on account of ruptures, fits, or some other disability or +infirmity; which, although they incapacitate them from serving his +Majesty, do not prevent them from committing crimes. + +While it must be evident, that the resource afforded by the present +war, gives employment, for a time only, to many depraved characters +and mischievous members of the community; how necessary is it to be +provided with antidotes, previous to the return of peace; when, to the +multitude of thieves now at large, there will be added numbers of the +same class, who may be discharged from the Navy and Army?--If some +plan of employment is not speedily devised, to which all persons of +this description may resort, who cannot otherwise subsist themselves +in an honest way; and if the Police of the Metropolis is not greatly +improved, by the introduction of more energy, and a greater degree of +System and Method in its administration; it is much to be feared, that +no existing power will be able to keep them within bounds. + +It is in vain to say the Laws are sufficient.--They are indeed +abundantly voluminous, and in many respects very excellent, but they +require to be revised, consolidated, modernized, and adapted in a +greater degree to the prevention of existing evils, with such +regulations as would ensure their due execution not only _in every +part of the Capital_, but also in all parts of the Kingdom. + +The means these depredators at present use in accomplishing their +nefarious purposes are complicated and various; and of late years have +become as much diversified as it is possible for the ingenuity of men +to devise, who frequently join good natural abilities to all the +artifices of the finished villain. + +It is no uncommon thing for the more daring and strong-minded to form +themselves into gangs or societies; to the exclusion of those of their +fraternity whose hearts are likely to fail them, and who are supposed +not to be sufficiently firm, so as to secure their accomplices against +the hazard of discovery in case of detection. + +Robbery and theft, as well in houses as on the roads, have long been +reduced to a regular System. Opportunities are watched, and +intelligence procured, with a degree of vigilance similar to that +which marks the conduct of a skilful General, eager to obtain an +advantage over an enemy. + +Houses, intended to be entered during the night, are previously +reconnoitred and examined for days preceding. If one or more of the +servants are not already associated with the gang, the most artful +means are used to obtain their assistance; and when every previous +arrangement is made, the mere operation of robbing a house becomes a +matter of little difficulty. + +By the connivance and assistance of immediate, or former servants, +they are led to the places where the most valuable, as well as the +most portable, articles are deposited, and the object is speedily +attained. + +In this manner do the principal Burglars and House-breakers proceed: +and let this information serve as a caution to every person in the +choice both of their male and female servants; since the latter as +well as the former are not seldom accomplices in very atrocious +robberies. + +The same _generalship_ is manifested in the nocturnal expeditions of +those criminal associates upon the highways. + +A perfect knowledge is obtained every evening of the different routes +and situations of the patroles:--they are narrowly watched, and their +vigilance (wherever they are vigilant) is in too many instances +defeated. + +Infinite pains are bestowed in procuring intelligence of persons +travelling upon the road with money, bank-notes, or other valuable +effects; and when discovered, the most masterly pains are concerted to +waylay and rob them of their property: Nor have the measures pursued +by those atrocious villains, the Footpads, exhibited less skill in the +plans adopted; while their outrages are too often marked with those +acts of cruelty and barbarity which justly render them objects of +peculiar terror. + +The same adroitness also marks the conduct of those who turn their +attention chiefly to picking of pockets, and other smaller robberies. + +It would almost fill a volume to detail the various artifices which +are resorted to, in carrying on this species of thieving; by which +even the most cautious, and those who are generally upon their guard, +are not exempted from the ravages of these inferior pests of Society. + +In addition to the injuries or losses arising from burglaries, +highway-robberies and lesser thefts, it is to be lamented that +extensive and increasing depredations are made upon horses, cattle and +sheep, and also upon flour, corn, potatoes, provender, and poultry; +stolen from the drovers, millers, corn-factors, and farmers in the +vicinity of the Metropolis. These have been stated more at large in a +preceding Chapter. + +It cannot be too often repeated that the great facility experienced, +in the immediate disposal of every article obtained by dishonesty, is +one of the chief encouragements to all the acts of outrage and +depredation enumerated in the course of this Work. + +It frequently happens that the Burglars, the Highwaymen, and Footpad +robbers, make their contracts with the Receivers, on the evening +before the plunder is obtained; so as to secure a ready admittance +immediately afterwards, and before day-break, for the purpose of +effectual concealment by melting plate, obliterating marks, and +securing all other articles so as to place them out of the reach of +discovery. This has long been reduced to a regular system which is +understood and followed as a trade. + +Nor do those Thieves who steal horses,[26] cattle and sheep +experience more difficulty in finding purchasers immediately for +whatever they can obtain:--they too, generally, make a previous +bargain with the Receivers, who are ready at an appointed hour to +conceal the animals, to kill them immediately, and to destroy the +skins for the purpose of eluding detection. + +[Footnote 26: The frauds and felonies committed in the course of a +year with respect to horses exceed all credibility. Above thirty +thousand of these useful animals are said to be flayed and boiled in +the Metropolis, at the Seventeen Licensed Houses, annually, of which +about one-fourth are brought there alive, supposed chiefly to be +stolen horses. These Establishments require many additional +regulations to enforce and insure that purity of conduct, which the +Legislature had in view when the Act of the 26 Geo. 3, cap. 71, was +passed for licensing persons to slaughter horses. In the operation of +this Act is strongly evinced the inefficacy of the best laws, when +measures are not pursued to insure an accurate and chaste execution. +Wherever the vigilance of a General Police does not extend its +influence in carrying into effect all regulations of a preventive +nature, it is in vain to hope that the evil in the view of the +Legislature will be diminished.] + +It sometimes happens also, that the persons who perpetrate these +robberies are journeymen-butchers, by trade; who kill whatever they +steal, and often afterwards sell their plunder in the Public Markets. + +If, by wise regulations, it were possible to embarrass and disturb the +extensive trade carried on by all the _concealed Receivers_, who are +the particular class having connection with the professed thieves, a +very great check would be given to public depredations. + +In suggesting Remedies, this of all other appears, at first view, to +be the most difficult; because of the apparent impossibility of +regulating any class of Dealers who have no shop, or visible trade, +and who transact all their business under concealment:--but still the +object is to be obtained by a combination of different legislative +regulations, carried into execution by a consolidated, vigilant and +well-regulated Police. + +The detail, however, of the means of detecting Receivers will, of +course, be discussed hereafter, in a subsequent Chapter; at present +the following Hints will suffice. + +A register of lodging-houses and lodgers in every parish, liberty, +hamlet, and precinct, where the rent does not exceed a certain sum +(suppose ten shillings) weekly, would prove one great means of +embarrassment to Thieves of every class; and of course would tend, +with other regulations, to the prevention of Crimes. + +Night-Coaches also promote, in an eminent degree, the perpetration of +burglaries and other felonies: Bribed by a high reward, many hackney +coachmen eagerly enter into the pay of nocturnal depredators, and wait +in the neighbourhood until the robbery is completed, and then draw up, +at the moment the watchmen are going their rounds, or off their +stands, for the purpose of conveying the plunder to the house of the +Receiver, who is generally waiting the issue of the enterprise. Above +one half of the present Hackney Coachmen, in London, are said to be +(in the cant phrase) _Flashmen_ designed to assist thieves. + +It being certain that a vast deal of mischief is done which could not +be effected, were it not for the assistance which night coaches afford +to Thieves of every description, it would seem, upon the whole, +advantageous to the Public, that no Hackney Coaches should be +permitted to take fares after twelve o'clock at night; or, if this is +impracticable, that the coach-hire for night service should be +advanced, on condition that all coachmen going upon the stands after +twelve o'clock, should be licensed by a Board of Police. By this means +the night-coachmen, by being more select, would not be so open to +improper influence; and they might even become useful to Public +Justice in giving informations, and also in detecting Burglars, and +other Thieves. + +Watchmen and Patroles, instead of being, as now, comparatively of +little use, from their _age, infirmity, inability, inattention_, or +_corrupt practices_, might almost at the present expence, by a proper +selection, and a more correct mode of discipline, by means of a +general superintendance over the whole to regulate their conduct, and +keep them to their duty, be rendered of great utility in preventing +Crimes, and in detecting Offenders.[27] + +[Footnote 27: The depredations which are committed almost every +evening in Cheapside, and the adjacent streets leading into it, +affords strong proofs of the necessity of an improved system with +regard to watchmen and patroles. + +Allured to that particular part of the Metropolis, from the extensive +and valuable property in _piece goods_ and other portable articles +which are constantly removing to and from the different shops and +warehouses:--a multitude of thieves and pickpockets, exhibiting often +in their dress and exterior, the appearance of gentlemen and men of +business, assemble every evening in gangs, watching at the corners of +every street, ready to _bustle_ and _rob_, or to _trip up the heels_ +of the _warehouse-porters and the servants of shopkeepers carrying +goods_; or at the doors of warehouses, at dusk and at the time they +are locked, to be ready to seize loose parcels when unperceived; by +all which means, aided by a number of other tricks and fraudulent +pretences, they are but too successful in obtaining considerable +booty. In short, there is no device or artifice to which these +vigilant plunderers do not resort: of which an example appeared in an +instance, where almost in the twinkling of an eye, while the servants +of an eminent silk-dyer had crossed a narrow street, his horse and +cart, containing raw silk to the value of _twelve hundred pounds_, +were driven clear off. Many of these atrocious villains, are also +constantly in waiting at the inns, disguised in different ways, +personating _travellers, coach-office clerks, porters and coachmen_, +for the purpose of plundering every thing that is portable; which, +with the assistance of two or three associates if necessary, is +carried to a coach called for the purpose, and immediately conveyed to +the receiver. + +The most adroit thieves in this line are generally _convicts from the +hulks, or returned transports_, who under pretence of having some +ostensible business, (while they carry on the trade of thieving) +generally open a _chandler's shop_, set up a _green-stall_, or get +into a _public-house_: some of these old offenders are known also to +keep livery-stables for thieves, and horses for the use of highwaymen; +thereby forming a connected chain by which these criminal people +extend and facilitate their trade; _nourishing_, _accommodating_, and +supporting one another.] + +At present the System of the nightly watch is without energy, +disjointed, and governed by almost as many different Acts of +Parliament, as there are Parishes, Hamlets, Liberties, and Precincts +within the Bills of Mortality; and where the payment is as various, +running from 8-1/2_d._ up to 2_s._ a night. + +The Act of the 14th of George IIId. (_cap._ 90.) entituled, _An Act +for the better regulation of the Nightly Watch within the City and +Liberty of Westminster, and parts adjacent_, contains many excellent +Regulations, but they do not extend to the eastern part of the +Metropolis; and for want of an active and superintending agency, +superior to beadles, it is believed and felt that they are not, (even +within the district included in the Act,) correctly carried into +execution: and that no small portion of those very men who are paid +for protecting the public, are not only instruments of oppression in +many instances, by extorting money most unwarrantably; but are +frequently accessaries in aiding, abetting or concealing the +commission of crimes, which it is their duty to detect and suppress. + +If as an improvement to the preventive System, and as a check upon the +improper conduct of parochial Watchmen, a body of honest, able, and +active Officers, in the character of Police Patroles, were attached to +each Public Office, or to a General Police System with a sufficient +fund to defray the expences, to follow up informations for the +detection of negligent servants of the Public, and liberally to reward +those who were active and useful in apprehending delinquents, and in +making discoveries, tending either to the recovery of property stolen, +or to the detection of the offenders, little doubt need be +entertained, under the guidance of a Central Board and vigilant +Police, aided by zealous and active Magistrates, that such a System +would soon be established, as would go very far towards the prevention +of many atrocious crimes. + +Among the various advantages which may thus be expected to result to +the Community from the arrangements recommended in this work, would be +_the suppression of Highway Robberies_. A desideratum impracticable in +the present state of the Police, although easy and certain under a +Police Board; having a general superintendance competent to look at +every point of danger, and with pecuniary resources equal to an object +so interesting to the inhabitants of this Metropolis.[28] Upon the +adoption of this important measure, therefore, (a measure so strongly +recommended by the Select Committee of the House of Commons on +Finance[29]) depends in a great degree, that security to travellers on +the highways in the vicinity of the Metropolis; the want of which, and +of many other valuable regulations, for the prevention of crimes, has +long been a reproach to the Criminal Jurisprudence, as well as the +Police, of the Country. + +[Footnote 28: Hints have been submitted to the Author for establishing +a plan of _Travelling Police_, to extend 20 miles round the +Metropolis; by means of Patroles well armed and mounted, who should be +on the road at all hours; the expence to be defrayed by the produce of +a toll to be raised for the purpose. This scheme might in all +probability be much improved under the sanction of a General Police +Board, without the additional expence of the proposed toll.] + +[Footnote 29: See the 28th Report of that Committee.] + + + + +CHAP. V. + + _Reasons assigned why forgeries and frauds must prevail in a + certain degree, wherever the interchange of property is + extensive.--A considerable check already given to the higher + class of Forgeries, by shutting out all hopes of Royal + Mercy:--Petty Forgeries have however increased:--The Reason + assigned.--The qualifications of a Cheat, Swindler, and + Gambler explained.--This mischievous class of men extremely + numerous in the Metropolis.--The Common and Statute Law + applicable to offences of this nature explained.--The + different classes of Cheats and Swindlers, and the various + tricks and devices they pursue, to enable them to live in + idleness, by their wits.--Sharpers, Cheats, and Swindlers, + divided into eighteen different Classes--1st. Sharpers who + become Pawnbrokers.--2d. Sharpers who obtain Licence as + Hawkers and Pedlars.--3d. Swindlers who open shops as + Auctioneers.--4th. Swindlers who pretend to discount + Bills.--5th. Itinerate Jews.--6th. Cheats who sell by false + Weights and Measures.--7th. Swindlers who defraud Tradesmen + of Goods.--8th. Cheats who take Genteel Lodgings with false + Names, &c.--9th. Cheats who personate former Masters to + defraud their Tradesmen.--10th. Cheats who personate + Footmen, and order Goods from Tradesmen.--11th. Cheats and + Sharpers who deceive Persons from the Country.--12th. Cheats + and Sharpers who trick Shopmen and Boys out of + Parcels.--13th. Sharpers who attend Inns to pick up Parcels + by various tricks and devices.--14th. Cheats who go from + door to door, begging on false Pretences.--15th. Sharpers + selling smuggled Goods; known by the name of Duffers.--16th. + Female Sharpers, who attend Court and Public Places.--17th. + Female Bankers who lend money to Barrow-Women at 6d. a day + for Five Shillings.--18th. Cheats who pretend to tell + Fortunes.--Various Remedies suggested._ + + +In a great Metropolis, like London, where trade and commerce have +arrived at such an astonishing height, and where from the extensive +transactions in the Funds, and the opulence of the People, the +interchange of property is so expanded, it ceases to be a matter of +wonder that Forgeries and Frauds should prevail, in a certain +degree:--the question of difficulty is, _why the Laws and the means of +prevention, have not kept pace with the progressive advancement of the +Country; so as to check and keep within bounds those nefarious +practices_? + +Forgeries of the higher class, so dangerous in a commercial country, +have by the wise policy of the Executive Government, in shutting out +all hopes of the extension of the Royal Mercy to the guilty, received +a most severe check: beneficial in the highest degree to the country, +and clearly manifested by the records of the Old Bailey, where trial +for offences of this nature certainly do not increase in number. + +But it is to be lamented, that, with regard to petty forgeries and +frauds, this is by no means the case, for they seem to multiply and +advance with the opulence and luxury of the country; and to branch out +into innumerable different shades, varying as the fashions of the +year, and as the resources for the perpetration of this species of +fraud change their aspect. + +When those depraved people who (to use a vulgar phrase) _live entirely +by their wits_--find that any tricks which they have practised for a +certain length of time become stale, (such as _pricking the belt for a +wager_, or _dropping the ring_) they abandon these; and have recourse +to other devices more novel, and more likely to be effectual in +cheating and defrauding the unwary. + +One of the most prevailing and successful of these, is the fraud +practised upon shop-keepers, tradesmen, publicans, and others, by the +circulation of forged copper-plate notes and bills for small sums, of +L5. and L10. the latter purporting to be drawn, by bankers in the +manufacturing and sea-port towns, on different banking-houses in +London. + +This species of forgery has been carried to a considerable extent +suggested no doubt by the confidence which is established from the +extensive circulation of country bankers' notes and bills, now made +payable in London; by which the deception is, in some degree, +covered, and detection rendered more difficult. + +The great qualifications, or leading and indispensable attributes of a +_Sharper_, a _Cheat_, a _Swindler_, or a _Gambler_, are, to possess a +genteel exterior, a demeanor apparently artless, and a good address. + +Like the more violent depredators upon the public, this class (who are +extremely numerous) generally proceed upon a regular system, and study +as a _trade_ all those infamous tricks and devices by which the +thoughtless, the ignorant, and the honest are defrauded of their +property. + +The common law has defined the offence of cheating--to be _a deceitful +practice in defrauding, or endeavouring to defraud, another of his own +right, by means of some artful device, contrary to the plain rules of +common honesty_. + +The Statute of the 33d of Henry the Eighth, _cap._ 1. entered into a +more specific explanation of what might constitute such an offence, +and fixed the mode of punishment; by declaring, "_that if any persons +shall falsely or deceitfully obtain, or get into his hands or +possession, any money, goods, &c. of any other person_, by colour or +means of any false privy token, or counterfeit letter, _&c.--he shall, +on conviction, be punished by imprisonment, the pillory, or +whipping--saving to the party aggrieved the same power of recovering +the property as he might have had at Common Law, &c._" + +From this remote period, until the 30th of George the Second, the +Legislature does not appear to have seen the necessity of enacting any +new Law, applicable to this species of offence. + +In the progress however of Society and Commerce, joined to the +consequent influx of riches, producing luxury and extravagance, a +larger field opened for cheats and sharpers of every description; +insomuch, that the evil became so great, and the existing Laws were +found so insufficient, as to render it necessary to provide a +legislative remedy. + +In applying this remedy, it seems that the great increase of a new +species of cheating, practised by persons known in modern times by the +name of _Swindlers_, had suggested the propriety of defining the +offence, in a more applicable and specific manner, and of rendering +the punishment more severe. By the act of 30 Geo. II. _cap._ 24. it is +declared, "_that all persons obtaining money, goods, wares, or +merchandise_, by false pretences, _shall be deemed offenders against +the Law and the public peace; and the Court, before whom any such +offender shall be tried, shall on conviction, order them to be put in +the pillory, or publicly whipped, or transported for seven years_." + +Thus stand the Laws at present with regard to Swindlers.[30] They +ought certainly to embrace a wider field, so as to reach those +artifices by which sharpers and persons of depraved minds, obtain +money from the ignorant and unwary, by assuming false characters, +taking genteel lodgings, and cheating innocent tradesmen, who lose +large sums annually by such depredations. + +[Footnote 30: There appears to be a deficiency in the Act of 30th +George the Second, cap. 24. in omitting to add _Bank Notes_ after the +word _Money_, and also _Horses, Cattle, Sheep, or other Animals_, +after goods, wares, and merchandise; since, (as has already been +noticed, ante page 9,) it has been held that Bank Notes are not Money, +nor are horses, cattle, &c. considered as goods, wares, or +merchandise, according to the legal construction of any existing +Statute.--An amendment of the Law with regard to these and other +objects is the more necessary, as _Bank Notes_ and _Horses_ are, +perhaps, more the objects of swindling, than other species of +property.] + +We shall next proceed to particularize the various classes of Sharpers +who thus prey upon the public: reserving all that relates to those +more immediately connected with _Gaming Houses_ and _Lottery +Insurances_ to the subsequent chapter. + +I. _Sharpers who obtain Licences to become Pawnbrokers_,[31] and bring +disgrace upon the reputable part of the trade, by every species of +fraud which can add to the distresses of those who are compelled to +raise money in this way; for which purpose there are abundance of +opportunities.--Swindling Pawnbrokers, of this Class, are uniformly +receivers of stolen goods; and under the cover of their licence do +much mischief to the Public. The evil arising from them might, in a +great measure, be prevented by placing the power of granting licences +in a general Board of Police; and rendering it necessary for all +persons to produce a Certificate of character, before they can obtain +such licence; and also to enter into recognizance for good +behaviour.[32] + +[Footnote 31: + + Number of Pawnbrokers within the Bills of } Persons L. + Mortality, paying a licence of L10. a year. } 213 2130 + + In the Country, paying L5. a year. 432 2160 + --- ---- + Total 644 4290 + --- ----] + +[Footnote 32: A regulation of this kind is of great importance; as the +property of the poorest and most distressed part of the community, to +the amount of nearly one million sterling, is constantly in the hands +of Pawnbrokers in the Metropolis alone! and although it is of the +utmost consequence that they, above all others, should be _honest, +correct_ and even _humane_ characters, (and it is to be hoped many of +them are of that description,) yet certain it is that any person, even +the most notorious rogue or vagabond, who can raise ten pounds to pay +for a licence, may at present set up the trade of Pawnbroker; and it +is even said that some have got licences who have actually been on +board the Hulks!--a thing unavoidable under the present +circumstances.] + +II. _Sharpers and Swindlers who obtain Licences to be Hawkers and +Pedlars_; under the cover of which every species of villainy is +practised upon the country people, as well as upon the unwary in the +Metropolis, and all the great towns in the kingdom.--The artifices by +which they succeed, are various, as for example;--By fraudulent +raffles, where plated goods are exhibited as silver, and where the +chances are exceedingly against the adventurers;--By selling and +uttering base money, and frequently forged Bank Notes, which make one +of the most profitable branches of their trade;--By dealing in +smuggled goods, thereby promoting the sale of articles injurious to +the Revenue, besides cheating the ignorant with regard to the +value;--By receiving stolen goods to be disposed of in the country, by +which discoveries are prevented, and assistance afforded to common +thieves and stationary receivers;--By purchasing stolen horses in one +part of the country, and disposing of them in another, in the course +of their journies; in accomplishing which, so as to elude detection, +they have great opportunities;--By gambling with EO Tables at Fairs +and Horse-races. + +A number of other devices might be pointed out, which render this +class of men great nuisances in Society; and shew the necessity of +either suppressing them totally, (for in fact they are of little use +to the Public;) or of limiting the licences only to men of good +character; to be granted by a general Board of Police under whose +controul they should be placed, while they enter at the same time into +a recognizance in a certain sum, with one surety for good behaviour; +by which the honest part would be retained, to the exclusion of the +fraudulent. + +III. _Swindlers who take out Licences as Auctioneers_, and open shops +in different parts of the Metropolis, with persons at the doors, +usually denominated _Barkers_, inviting strangers to walk in. In these +places, various articles of silver plate and household goods are +exposed to sale, made up on a slight principle, and of little +intrinsic value; associates, generally denominated _Puffers_, are in +waiting to bid up the article to a sum greatly beyond its value, +when, upon the first bidding of the stranger, it is knocked down to +him, and the money instantly demanded; the goods, however, on being +carried home and examined, are generally found to be very different in +reality, from what their appearance exhibited, and upon a close +examination the fraud is discovered. + +Neither the common Law, nor the Act of the 30th George II. cap. 24, +seem to be sufficiently _broad_ and explanatory to include this +species of offence; and hence it is, that this mode of selling goods +continues with impunity, and seems to increase. It is not, however, +meant here to insinuate that all petty auctions are fraudulent.--It is +to be hoped there may be some exceptions, although probably, they are +not numerous. A licence from a general Board of Police, and to be +subject to certain restrictions only burdensome to the dishonest, and +obliging the parties to find security, would, in a great measure, +regulate this kind of business, in a proper manner. + +IV. _Swindlers who raise money, by pretending to be Discounters of +Bills, and Money Brokers_; These chiefly prey upon young men of +property, who have lost their money at play, or spent it in expensive +amusements, and are obliged to raise more upon any terms, until their +rents or incomes become payable; or who have fortunes in prospect, as +being heirs apparent to estates, but who require assistance in the +mean time. + +Availing themselves of the credit, or the ultimate responsibility, of +such thoughtless and giddy young men, in the eager pursuit of +criminal pleasures, and under the influence of those allurements which +the Faro Tables, and other places of fashionable resort hold +out--these Swindlers seldom fail to obtain from them securities and +obligations for large sums; upon the credit of which they are enabled, +perhaps, at usurious interest, to borrow money, or discount bills; and +thus supply their unfortunate customers upon the most extravagant +terms. + +Another class, having some capital, advance money upon bonds, +title-deeds, and other specialities, or upon the bond of the parties +having estates in reversion: by these and other devices too tedious to +detail, large sums of money are, most unwarrantably and illegally, +wrested from the dissipated and thoughtless: and misery and distress +are thus entailed upon them, as long as they live; or they are driven, +by utter ruin, to acts of desperation or to crimes. + +A Law seems absolutely necessary to be pointed at this particular +mischief, which is certainly an increasing evil.--Humanity pleads for +it; and _Policy_ points out the necessity of some effectual guard +against those miseries which it generates; and which could not exist +in so great a degree, were it not for the opportunities held out by +these blood-suckers, in affording money to the young and +inexperienced, to be expended in scenes of gambling and debauchery. + +V. _A Class of Cheats of the Society of Jews, who are to be found in +every street, lane and alley in and near the Metropolis, under the +pretence of purchasing old clothes, and metals of different sorts_; +Their chief business really is to prowl about the houses and stables +of men of rank and fortune, for the purpose of holding out temptations +to the servants to pilfer and steal small articles, not likely to be +missed, which these Jews purchase at about one third of the real +value.--It is supposed that upwards of fifteen hundred of these +depraved people are employed in diurnal journies of this kind; by +which, through the medium of bad money, and other fraudulent dealings, +many of them acquire property, and then set up shops and become +Receivers of stolen Goods. + +It is estimated that there are from fifteen to twenty thousand Jews in +the city of London, besides, perhaps, about five or six thousand more +in the great provincial and sea-port towns; (where there are at least +twenty synagogues, besides six in the Metropolis;) most of the lower +classes of those distinguished by the name of German or Dutch Jews, +live chiefly by their wits, and establish a system of mischievous +intercourse all over the country, the better to carry on their +fraudulent designs in the circulation of base money,--the sale of +stolen goods, and in the purchase of metals of various kinds; as well +as other articles pilfered from the Dock-Yards, and stolen in the +provincial towns, which they bring to the Metropolis to elude +detection,--and _vice versa_. + +Educated in idleness from their earliest infancy, they acquire every +debauched and vicious principle which can fit them for the most +complicated arts of fraud and deception; to which they seldom fail to +add the crime of perjury, whenever it can be of use, in shielding +themselves or their associates from the punishment of the law.--From +the orange boy, and the retailer of seals, razors, glass, and other +wares, in the public streets, to the shop-keeper, dealer in wearing +apparel, or in silver and gold, the same principles of conduct too +generally prevail. + +The itinerants utter base money to enable them, by selling cheap, to +dispose of their goods; while those that are stationary, with very few +exceptions, receive and purchase, at an under-price, whatever is +brought them, without asking questions. + +VI. _Cheats who sell provisions and other articles by means of false +weights and measures._ Nothing requires the assistance of the +Legislature in a greater degree than this evil; to shield the Poor +against the numerous tricks thus practised upon them, by low and +inferior shop-keepers and itinerants. + +The ancient System of regulating this useful branch of Police by the +Juries of the Court-Leet, having been found ineffectual, and in many +respects inapplicable to the present state of Society, an act passed +the 35th of his present Majesty, (_cap._ 102,) to remedy the +inconvenience with regard to fraudulent weights; but difficulties +having occurred on account of the expence of carrying it into +execution, certain amendments were made by another act, (37 Geo. III. +_c._ 143,) and the Magistrates in Petty Sessions have now power to +appoint Examiners of weights, and to authorize them to visit shops, +seize false weights, &c. + +This plan, if pursued as steadily as that which already prevails in +regulating Bakers, promises to produce very valuable benefits to the +lower ranks of people at a very small expence. + +VII. _Cheats and Swindlers who associate together, and enter into a +conspiracy for the purpose of defrauding Tradesmen of their +goods._--One of these sharpers generally assumes the character of a +Merchant;--hires a genteel house, with a counting-house, and every +appearance of business.--One or two associates take upon them the +appearance of Clerks, while others occasionally wear a livery: and +sometimes a carriage is set up, in which the ladies of the party visit +the shops, in the stile of persons of fashion, ordering goods to their +apartments.--Thus circumstanced, goods are obtained on credit, which +are immediately pawned or sold, and the produce used as a means of +deception to obtain more, and procure recommendations, by offering to +pay ready money,--or discount bills. + +When confidence is once established in this way, notes and bills are +fabricated by these conspirators, as if remitted from the country, or +from foreign parts; and application is made to their newly acquired +friends, the tradesmen, to assist in discounting them. Sometimes money +and bills upon one another are lodged at the bankers for the purpose +of extending their credit, by referring to some respectable name for +a character. + +After circulating notes to a considerable amount, and completing their +system of fraud by possessing as much of the property of others as is +possible, without risk of detection, they move off; assume new +characters; and when the bills and notes are due, the parties are not +to be found. + +Offences of this sort, where an actual conspiracy cannot be proved, +which is generally very difficult, are not easily punished; and it +seems of importance that frauds and impositions of this sort, and +others of the same nature, where the confidence of tradesmen and +manufacturers is abused by misrepresentation and falsehood, should be +defined, so as to render it difficult for the parties to escape +punishment. + +VIII. _Cheats who take genteel Lodgings, dress elegantly, assume false +names_:--pretend to be related to persons of credit and +fashion--produce letters familiarly written to prove an +intimacy,--enter into conversation, and shew these letters to +tradesmen and others, upon whom they have a design--get into their +good graces, purchase wearing apparel and other articles, and +disappear with the booty. + +This species of offence would be very difficult to reach by any +existing Law, and yet it is practised in various shapes in the +Metropolis, whereby tradesmen are defrauded to a very considerable +extent.--Some legislative guards would certainly be very desirable to +define and punish these offences also. + +IX. _Cheats, who have been formerly in the service of Milliners, +Mantua-Makers, Taylors, and other Traders, who have occasion to send +to shop-keepers and warehousemen for goods_;--These, after being +discharged from their service, getting into the company of sharpers +and thieves, while out of place, teach them how to personate their +former employers; in whose names they too frequently succeed in +obtaining considerable quantities of goods before the fraud is +discovered. + +It would certainly be a good rule at no time to deliver goods upon a +verbal message; and it would be useful if all persons discharging +servants, would give notice of it to every tradesmen with whom they +deal. + +X. _Cheats who personate Gentlemen's footmen_; These order goods to be +sent to a genteel lodging, where the associate is waiting, who draws +upon some banker in a distant part of the town for the money; or, if +the check is refused, a country bank-note (the gentleman just being +arrived in town) is offered to be changed, which, although a forgery, +often succeeds: if this should also fail, this mischievous class of +people, from habit and close attention to the means of deception, are +seldom at a loss in finding out some other expedient; and before the +fraud is discovered, the parties are off; and the master transformed +into the livery-servant, to practise in his turn the same trick upon +some other person. + +XI. _Cheats who associate systematically together, for the purpose of +finding out and making a prey of every person from the country, or any +ignorant person who is supposed to have money, or who has come to +London for the purpose of selling goods._--It is usual in such cases +for one of them to assume the character of a young 'Squire, just come +to his estate; to appear careless and prodigal, and to shew handfuls +of bank-notes, all of which are false and fabricated for the purpose. + +Another personates the guardian of the 'Squire, while a part of the +associates pretend to sit down to play, and having won money of the +young spendthrift, who appears extremely ignorant and profuse, the +stranger's avarice gets the better of his prudence, and he is induced +at length to try his luck,--the result is that he is soon left without +a penny. + +XII. _Cheats who prowl about in all the streets and lanes of the +trading part of the Metropolis, where shopmen and boys are carrying +parcels_: These, by means of various stratagems, find out where the +parcels are going, and regulating their measures accordingly, seldom +fail by some trick or other, (such as giving the lad a shilling to run +and call a coach,) to get hold of the property.--Porters and young men +from the country should be particularly cautious never to quit any +property intrusted to their care, until delivered (not at the door) +but within the house to which it is directed. + +XIII. _Cheats who attend Inns, at the time that coaches and waggons +are loading or unloading._ These by personating _porters_ with aprons +and knots, or _clerks_ with pens stuck in their wigs or hair, and by +having recourse to a variety of stratagems, according to the peculiar +circumstances of the case, aided by their having previously noticed +the address of several of the parcels, seldom fail of success, in the +general hurry and confusion which prevails at such places. This proves +how necessary it is at all times to have one or two intelligent +officers of justice, who know the faces of thieves, in attendance, +while goods are receiving and delivering. + +XIV. _Cheats who go from door to door collecting money; under pretence +of soliciting for a charitable establishment_, for the benefit of poor +children, and other purposes. But the money, instead of being so +applied, is generally spent in eating and drinking; and the most +infamous imposition is thus practised upon the charitable and humane, +who are the dupes of this species of fraud in too many instances. + +XV. _Sharpers who are known by the name of Duffers._ These go about +from house to house, and attend public houses, inns, and fairs, +pretending to sell smuggled goods, such as India handkerchiefs, +waistcoat patterns, muslins, &c. By offering their goods for sale, +they are enabled to discover the proper objects, who may be +successfully practised upon in various ways; and if they do not +succeed in promoting some gambling scheme, by which the party is +plundered of his money, they seldom fail passing forged country bank +notes, or base silver and copper in the course of their dealings. + +XVI. _Female Sharpers who dress elegantly, personate women of fashion, +attend masquerades, and even go to St. James's._ These, from their +effrontery, actually get into the circle; where their wits and hands +are employed in obtaining diamonds, and whatever other articles of +value, capable of being concealed, are found to be most accessible. + +The wife of a well-known sharper, lately upon the town, is said to +have appeared at Court, dressed in a stile of peculiar elegance: while +the sharper himself is supposed to have gone in the dress of a +clergyman.--According to the information of a noted receiver, they +pilfered to the value of L1700. on the King's birth-day (1795,) +without discovery or suspicion. + +Houses are kept where female Cheats dress and undress for public +places.--Thirty or forty of these sharpers generally attend all +masquerades, in different characters, where they seldom fail to get +clear off with a considerable booty. + +XVII. _Among the classes of Cheats may be ranked a species of Female +Bankers._ These accommodate barrow-women and others, who sell fish, +fruit, vegetables, &c. in the streets, with five shillings a day; (the +usual diurnal stock in trade in such cases;) for the use of which, for +twelve hours, they obtain a premium of _six-pence_, when the money is +returned in the evening, receiving thereby at this rate, about _seven +pounds ten shillings a year_ for every five shillings they lend out! + +The Author, in the course of his Magisterial duty, having discovered +this extraordinary species of fraud, attempted to explain to a +barrow-woman on whom it was practised, that by saving up a single +_five shillings_, and not laying any part of it out in gin, but +keeping the whole, she would save L7. 10_s._ a year, which seemed to +astonish her, and to stagger her belief.--It is to be feared, however, +that it had no effect upon her future conduct, since it is evident +that this improvident and dissolute class of females have no other +idea than that of making the day and the way alike long.--Their +profits (which are often considerably augmented by dealing in base +money, as well as fruit, vegetables, &c.) seldom last over the day, +for they never fail to have a luxurious dinner and a hot supper, with +abundance of gin and porter:--looking in general no farther than to +keep whole the original stock, with the _six-pence_ interest, which is +paid over to the female banker in the evening; and a new loan obtained +on the following morning, of the same number of shillings again to go +to market. + +In contemplating this curious system of Banking, (trifling as it seems +to be) it is impossible not to be forcibly struck with the immense +profits that arise from it. It is only necessary for one of these +female sharpers to possess a capital of _seventy shillings_, or three +pounds ten shillings, with fourteen steady and regular customers, in +order to realize an income of ONE HUNDRED GUINEAS a year! + +XVIII. _Cheats who pretend to tell fortunes._ These impose on the +credulity of the public, by advertisements and cards; pretending a +power, from their knowledge of astrology, to foretell future events, +to discover stolen property, lucky numbers in the Lottery, &c. + +The extent to which this mischief goes in the Metropolis is almost +beyond belief; particularly during the drawing of the Lottery.--The +folly and phrenzy which prevail in vulgar life, lead ignorant and +deluded people into the snare of adding to the misfortunes which the +Lottery occasions, by additional advances of money (obtained generally +by pawning goods or apparel) paid to pretended astrologers for +suggesting _lucky numbers_, upon which they are advised to make +insurances; and under the influence of this unaccountable delusion, +they are too often induced to increase their risks, and ruin their +families. + +One of these impostors who lived long in the Curtain-Road, Shoreditch, +is said, in conjunction with his associates, to have made near L300. a +year by practising upon the credulity of the lower orders of the +people.--He stiled himself (in his circulating cards) an _Astronomer +and Astrologer_; and stated, _That he gave advice to Gentlemen and +Ladies on business, trade, contracts, removals, journies by land or +water, marriages, children, law-suits, absent friends, &c._ And +further, that _he calculated nativities accurately_,--His fee was +half-a-crown. + +An instance of mischievous credulity, occasioned by consulting this +impostor, once fell under the review of the Author. A person having +property stolen from him, went to consult the conjuror respecting the +thief; who having described something like the person of a man whom he +suspected, his credulity and folly so far got the better of his reason +and reflection, as to induce him upon the authority of this impostor +_actually to charge his neighbour with a felony_, and to cause him to +be apprehended. The Magistrate settled the matter by discharging the +prisoner; reprimanding the accuser severely, and ordering the conjuror +to be taken into custody, according to law, _as a Rogue and Vagabond_. + +But the delusion with regard to Fortune-tellers is not confined to +vulgar life, since it is known, that ladies of rank, fashion, and +fortune, contribute to the encouragement of this fraudulent profession +in particular, by their visits to a pretended Astrologer of their own +sex in the neighbourhood of Tottenham-Court Road: This woman, to the +disgrace of her votaries, whose education ought to have taught them +the folly and weakness of countenancing such gross impositions, found +the practice of it extremely productive.[33] + +[Footnote 33: The encouragement which this impostor received from the +weaker part of the females of rank and fortune in the Metropolis, +raised up others; who had the effrontery to insult the understanding +of the Public, by advertising in the News-papers.] + +The act of the 9th George the Second, _cap._ 5, _punishes all persons +pretending skill in any crafty science; or telling fortunes, or where +stolen goods may be found; with a year's imprisonment, and standing +four times in the pillory_ (once every quarter) _during the term of +such imprisonment. The act called the Vagrant Act, made the 17th year +of the same reign, (cap. 5,) declares such persons to be rogues and +vagabonds, and liable to be punished as such._ + +It is sincerely to be hoped that those at least who are convinced from +having suffered by the gross imposition practised upon the credulity +of the people by these pests of Society, will enable the civil +Magistrate, by proper informations, to suppress so great an evil. + +Innumerable almost are the other tricks and devices which are resorted +to by the horde of Cheats, Swindlers, and Sharpers, who infest the +Metropolis. + +The great increase of commerce, and the confidence resulting from an +intercourse so wide and extended, frequently lays men of property and +tradesmen open to a variety of frauds; credit is obtained by +subterfuges and devices contrary to the plain rules of common honesty, +against which, however, there is no remedy but by an action of common +law. + +If it were possible to look accurately at the different evils arising +from fraudulent and swindling practices, so as to frame a statute that +would generally reach all the cases that occur, whenever the barrier +of common honesty is broken down, it would certainly be productive of +infinite benefit to the community; for, in spite of the laudable +exertions of the Society established for prosecuting swindlers, it is +to be lamented that the evil has not diminished. On the contrary, it +has certainly encreased, and must continue to do so, until the +Legislature, by applicable Laws and an improved System of Police, +either directly or collaterally attaching to these offences, shall +find the means of suppressing them. + + + + +CHAP. VI. + + _The great anxiety of the Legislature to suppress the evils + of Gaming:--The Misery and Wretchedness entailed on many + respectable Families from this fatal propensity:--Often + arising from the foolish vanity of mixing in what is stiled, + Genteel Company; where Faro is introduced.--Games of Chance, + though stigmatized by the Legislature, encouraged by + high-sounding names, whose houses are opened for purposes + odious and unlawful:--The Civil Magistrate called upon by + his public duty, as well as by the feelings of humanity, to + suppress such mischiefs.--The danger arising from such + seminaries--No probability of any considerations of their + illegality, or inhumanity, operating as a check, without the + efforts of the Magistracy.--The evil tendency of such + examples to servants in fashionable Families, who carry + these vices into vulgar life; and many of whom, as well as + persons of superior education, become Sharpers, Cheats, and + Swindlers, from the habits they acquire.--A particular + Statement of the proceedings of persons who have set up + Gaming Houses as regular Partnership-Concerns; and of the + Evils resulting therefrom.--Of Lottery Insurers of the + Higher Class.--Of Lottery Offices opened for + Insurance--Proposed Remedies.--Three Plans suggested to the + Author by Correspondents._ + + +Gaming is the source from which has sprung up all that race of cheats, +swindlers, and sharpers, some of whose nefarious practices have +already been noticed, and the remainder of which it is the object of +the Author to develope in this chapter. + +Such has been the anxiety of the Legislature to suppress this evil, +that so early as the reign of Queen Anne, this abandoned and +mischievous race of men seems to have attracted its notice in a very +particular degree; for the act of the 9th year of that reign (cap. 14. +Sec.Sec. 6, 7,) after reciting, "_that divers lewd and dissolute persons +live at great expences, having no visible estate, profession, or +calling, to maintain themselves; but support these expences by Gaming +only_; Enacts, _that any two Justices may cause to be brought before +them, all persons within their limits whom they shall have just cause +to suspect to have no visible estate, profession, or calling, to +maintain themselves by; but do for the most part support themselves by +Gaming; and if such persons shall not make it appear to such Justices +that the principal part of their expences is not maintained by gaming, +they are to be bound to their good behaviour for a twelve-month; and +in default of sufficient security, to be committed to prison, until +they can find the same; and if security shall be given, it will be +forfeited on their playing or betting at any one time, for more than +the value of twenty shillings_." + +If, in conformity to the _spirit_ of this wise statute, sharpers of +every denomination, who support themselves by a variety of cheating +and swindling practices, without having any visible means of living, +were in like manner to be called upon to find security for their good +behaviour, in all cases where they cannot shew they have the means of +subsisting themselves honestly, the number of these Pests of Society, +under a general Police and an active and zealous Magistracy, would +soon be diminished, if not totally annihilated. + +By the 12th of George the Second, (cap. 28. Sec. 2, 3,) "_the Games of +Faro, Hazard, &c. are declared to be Lotteries, subjecting the persons +who keep them to a penalty of two hundred pounds, and those who play +to fifty pounds_."--_One_ witness only is necessary to prove the +offence before any Justice of the Peace; _and the Justice forfeits ten +pounds if he neglects to do his duty under the Act_:--and under this +Act, which is connected with the statute 8th of George I. cap. 2, it +seems that "_the keeper of a Faro Table may be prosecuted even for a +penalty of five hundred pounds_." + +Notwithstanding these salutary laws, to the reproach of the Police of +the Metropolis, houses have been opened, even under the sanction of +high-sounding names, where an indiscriminate mixture of all ranks was +to be found, from the _finished sharper_ to the _raw inexperienced +youth_. And where all those evils existed in full force, which it was +the object of the Legislature to remove. + +Though it is hoped that this iniquitous System of plunder, has of late +been somewhat restrained by the wholesome administration of the Laws, +under the excellent Chief Justice who presides in the High Criminal +Department of the Country, in consequence of the detection of +Criminals, through the meritorious vigilance and attention of the +Magistrates; to which the Author of this work, by bringing the evil so +prominently under the view of the Public, may flatter himself in +having been in some small degree instrumental: Still it is much to be +feared, that the time is not yet arrived which would induce him to +withhold the following narrative. + +GAMING, although at all times an object highly deserving attention, +and calling for the exertions of Magistrates, never appeared either to +have assumed so alarming an aspect, or to have been conducted upon the +methodized system of _Partnership-Concerns_, wherein pecuniary +capitals were embarked, till about the years 1777 and 1778, when the +vast licence which was given to those abominable engines of fraud, EO +Tables, and the great length of time which elapsed before a check was +given to them by the Police, afforded a number of dissolute and +abandoned characters, who resorted to these baneful subterfuges for +support, an opportunity of acquiring property: This was afterwards +increased in low Gaming Houses, and by following up the same system at +Newmarket, and other places of fashionable resort, and in the Lottery; +until at length, without any property at the outset, or any visible +means of lawful support, a sum of money, little short of _One Million +Sterling_, is said to have been acquired by a class of individuals +originally (with some few exceptions) of the lowest and most depraved +order of Society. This enormous mass of wealth (acquired no doubt by +entailing misery on many worthy and respectable Families, and driving +the unhappy victims to acts of desperation and suicide,) is said to +have been afterwards engaged as a great and an efficient capital for +carrying on various illegal Establishments; particularly +Gaming-Houses, and Shops for fraudulent Insurances in the Lottery; +together with such objects of dissipation as the Races at Newmarket +and other places of _fashionable_ resort, held out: all which were +employed as the means of increasing and improving the ill-gotten +wealth of the parties engaged in these nefarious pursuits. + +A System, grown to such an enormous height, had, of course, its rise +by progressive advances. Several of those who now roll in their gaudy +carriages, and associate with some men of high rank and fashion, may +be found upon the Registers of the Old Bailey; or traced to the +vagrant pursuit of turning, with their own hands, EO Tables in the +open streets; These mischievous Members of Society, through the wealth +obtained by a course of procedure diametrically opposite to Law, are, +by a strange perversion, sheltered from the operation of that Justice, +which every act of their lives has offended: they bask in the +sun-shine of prosperity; while thousands, who owe their distress and +ruin to the horrid designs thus _executed_, _invigorated_ and +_extended_, are pining in misery and want. + +Certain it is, that the mischiefs arising from the rapid increase, +and from the vast extent of capital employed in these Systems of ruin +and depravity, have become great and alarming beyond calculation; as +will be evinced by developing the nature of the very dangerous +Confederacy which systematically moves and directs this vast Machine +of destruction--composed in general of men who have been reared and +educated under the influence of every species of depravity which can +debase the human character. + +Wherever Interest or resentment suggests to their minds a line of +conduct calculated to gratify any base or illegal propensity; it is +immediately indulged. Some are taken into this iniquitous Partnership +for their dexterity in securing the dice; or in dealing cards at +Faro.--Informers are apprehended and imprisoned upon writs, obtained, +by perjury, to deter others from similar attacks. Witnesses are +suborned--officers of justice are bribed, wherever it can be done, by +large sums of money[34]--ruffians and bludgeon-men are employed to +resist the Civil Power, where pecuniary gratuities fail--and houses +are barricadoed and guarded by armed men: thereby offering defiance to +the common exertions of the Laws, and opposing the regular authority +of Magistrates. + +[Footnote 34: An Affidavit, made not very long since in one of the +superior Courts of Justice, illustrates this observation in a very +striking degree. It is in these words--"That it is almost impossible +to convict persons keeping Gaming-Houses before the Magistrates, by +reason of the enormous wealth generally applied to the corruption of +unwilling evidence brought forward to support the charge--That on an +information exhibited against one of the Partners of a Gaming-House, +he got himself discharged by deterring some of the witnesses from +appearing, and by the perjury of another partner who was examined as a +witness, and for which he then stood indicted--That divers of these +Gaming-Houses were kept by practising attornies, who, by threatening +indictments for pretended Conspiracies, and other infamous means, have +deterred persons from prosecuting them."] + +It is impossible to contemplate a Confederacy thus circumstanced, so +powerful from its immense pecuniary resources, and so mischievous and +oppressive from the depravity which directs these resources, without +feeling an anxiety to see the strong arm of the Law still further and +unremittingly exerted for the purpose of effectually destroying it. + +Whilst one part of the immense property by which this confederacy was +so strongly fortified was employed in the establishment of +_Gaming-Houses_, holding out the most fascinating allurements to giddy +young _men of fortune_, and others, having access to money, by means +of splendid entertainments,[35] and regular suppers, with abundance of +the choicest wines, so as to form a genteel lounge for the dissipated +and unwary; another part of the capital was said to form the stock +which composes the various Faro-Banks which were to be found at the +routes of _Ladies of Fashion_: Thus drawing into this vortex of +iniquity and ruin, not only the _males_, but also the _females_ of the +thoughtless and opulent part of Society; who too easily became a prey +to that idle vanity which frequently overpowers reason and reflection; +and the delusion of which is seldom terminated till it is too late. + +[Footnote 35: The expence of entertainments at a Gaming-House of the +highest class, during eight months, has been said to exceed _Six +Thousand Guineas_! What must the profits be to afford such a +profusion?] + +Evil example, when thus sanctioned by apparent respectability, and by +the dazzling blandishment of rank and fashion, is so intoxicating to +those who have either suddenly acquired riches, or who are young and +inexperienced, that it almost ceases to be a matter of wonder that the +fatal propensity to Gaming should become universal; extending itself +over all ranks in Society in a degree scarcely to be credited, but by +those who will attentively investigate the subject. + +At the commencement of the troubles in France, and before this Country +was visited by the hordes of Emigrants of all descriptions, who fixed +a temporary or permanent residence in this Metropolis, the number of +Gaming-Houses (exclusive of those that are select, and have long been +established by Subscription,) did not exceed above _four_ or _five_: +In the year 1797, not less than _thirty_ were said to be actually +open; where, besides _Faro_ and _Hazard_, the foreign games of +_Roulet_, and _Rouge et Noir_, were introduced, and where there +existed a regular gradation of establishment, accommodating to all +ranks; from the man of fashion, down to the thief, the burglar, and +the pick-pocket--where immense sums of money were played for every +evening, for eight months in the year.[36] + +[Footnote 36: The latter part of the Affidavit, already mentioned, +also illustrates these assertions, and proves that they are but too +well founded: It states--"That Gaming-Houses have increased to such a +degree, that there were lately not less than six in one street near +the Hay-Market, at all which persons stood at the door to entice +passengers to play--That the generality of persons keeping these +houses are _prize-fighters_, and persons of a desperate description, +who threaten assassination to any person who will molest them."] + +In a commercial Country, and in a great Metropolis, where from the +vast extent of its trade and manufactures, and from the periodical +issue of above Twenty Millions annually, arising from dividends on +funded security, there must be an immense circulation of property, the +danger is not to be conceived, from the allurements which are thus +held out to young men in business, having the command of money, as +well as to the clerks of merchants, bankers, and others concerned in +different branches of trade: In fact, it is well known, that too many +of this class resort at present to these destructive scenes of vice, +idleness, and misfortune.[37] + +[Footnote 37: The same Affidavit further states--"That the principal +Gaming Houses at the West end of the Town have stated days on which +they have luxurious dinners, (Sunday being the chief day,) to which +they contrive to get invited merchants' and bankers' clerks, and other +persons intrusted with money; and that it has been calculated, (and +the calculation was believed not to be over-rated,) that the expences +attendant on such houses, amounted to L.150,000 yearly, and that the +keepers of such houses, by means of their enormous wealth, bid +defiance to all prosecutions, some of them having acquired from 50 to +L.100,000 each; considerable estates have been frequently won by them +in the course of one sitting."] + +The mind shrinks with horror at the existence of a System in the +Metropolis, unknown to our ancestors, even in the worst periods of +their dissipation; when a _Ward_, a _Waters_, and a _Chartres_, +insulted public morals by their vices and their crimes: for then no +regular Establishments--no systematic concerns for carrying on this +nefarious trade, were known.--No Partnerships in Gaming-Houses, were +conducted with the regularity of Commercial Houses. + +But these Partnerships have not been confined to Gaming-Houses alone. +A considerable proportion of the immense capital which the conductors +of the System possess, is employed periodically in the _two +Lotteries_, in _Fraudulent Insurances_, where, like the Faro Bank, the +chances are so calculated as to yield about 30 per cent. profit to the +Gambling proprietors; and from the extent to which these transactions +have been, and we fear still are carried, no doubt can be entertained +that the annual gains must be immense.--It has, indeed, been stated, +with an appearance of truth, that a single individual acquired no less +than L.60,000 during one English Lottery! + +Although it is impossible to be perfectly accurate in any estimate +which can be formed; for in this, as in all other cases where +calculations are introduced in this Work, accuracy to a point is not +to be expected; yet when all circumstances are considered, there +appear just grounds to suppose that the following Statement, placing +the whole in one connected point of view, may convey to the Reader no +very imperfect idea of the vast and unparalleled extent to which this +horrid mischief had arrived; and to which, if not closely watched, it +may yet rise once more. + + +GAMING. + + Persons Money Yearly + attached. played aggregate + for lost and + nightly. won. + L. L. + 1. 7 Subscription Houses + open one-third of the + Year, or 100 nights _suppose_ 1000 2000 1,400,000 + + 2. 15 Houses of a + superior class + one-third of the Year, + or 100 nights ---- 3000 2000 3,000,000 + + 3. 15 Houses of an + inferior class one-half + of the Year, or 150 + Nights ---- 3000 1000 2,225,000 + + 4. 6 Ladies' Gaming Houses + 50 Nights ---- 1000 2000 600,000 + --------- + 7,215,000 + + +FRAUDULENT INSURANCES IN THE LOTTERY. + + 350 Insurance Offices at 100_l._ + a day average, during the 33 days + of the Irish Lottery 1,155,000 + + 400 Insurance Offices at 150_l._ + a day average, during the 33 + days[38] of the English Lottery 1,980,000 + --------- + 3,135,000 + ---------- + Total 10,460,000 + ---------- + +[Footnote 38: The longer the Lottery continues, the greater the evil. +A Lottery of 60,000 Tickets is therefore a much greater evil than one +of 50,000: and that in a ratio more than proportionate to the numbers +in each.] + +This aggregate is only to be considered as shewing the mere +interchange of property from one hand to another; yet when it is +recollected that the operation must progressively produce a certain +loss, with not many exceptions, to all the innocent and unsuspecting +adventurers either at Pharo or the Lottery, with an almost uniform +gain to the proprietors; the result is shocking to reflect upon.--To +individual families in easy circumstances where this unfortunate mania +prevails, as well as to the mass of the people who are fascinated by +the delusion of the Lottery Insurances, it is the worst of all +misfortunes.--By seizing every opportunity to take advantage of this +unhappy bias, it is no uncommon thing to see the pennyless miscreant +of to-day become the opulent gambler of to-morrow: leaving the unhappy +sufferers often no alternative but exile, beggary, or a prison; or +perhaps, rendered desperate by reflecting on the folly of their +conduct, to end their days by suicide,[39] while wives, children, and +dependants are suddenly reduced from affluence to the lowest abyss of +misery. + +[Footnote 39: The Gambling and Lottery transactions of one individual +in this great Metropolis, are said to be productive of from ten to +fifteen suicides annually.] + +In contemplating these vast establishments of regular and systematic +fraud and depredation upon the Public, in all the hideous forms which +they assume, nothing is so much to be lamented as the unconquerable +spirit which draws such a multitude of the lower ranks of Society into +the vortex of the Lottery. + +The agents in this iniquitous System, availing themselves of the +existence of the delusion, spare no pains to keep it alive; so that +the evil extends far and wide, and the mischiefs, distresses, and +calamities resulting from it, were it possible to detail them, would +form a catalogue of sufferings of which the opulent and luxurious have +no conception. + +Of how much importance therefore is it to the Public at large, to see +these evils suppressed; and above all, to have this novel System +completely annihilated, by which Gambling Establishments have been +formed upon commercial principles of methodical arrangements, with +vast capitals employed for the most infamous and diabolical purposes. + +Let those who have acquired wealth in this way be satisfied with what +they have gotten, and with the misery their gains have occasioned to +ruined thousands: let them abstain from employing it in channels +calculated to extend these evils. The Law is generally slow in its +operations: but it seldom fails to overtake the guilty at last. + +To this Confederacy, powerful in wealth, and unrestrained by those +considerations of moral rectitude, which govern the conduct of other +men engaged in the common pursuits of life, is to be attributed those +vast additional hazards to which the young and inexperienced have been +subjected--Hazards, which not only did not exist before these +establishments were matured and moulded into System; but which were +considerably increased, from its becoming a part of the general +arrangements to employ men of genteel exterior, (and it is to be +feared too, in many instances of good connections) who, having been +ruined by the delusion, descended as a means of subsistence, to +accept the degrading office of seeking out those customers, whose +access to money rendered them proper objects to be ensnared.--For such +was the nature of this new System of destruction, that while a young +man entering upon life, conceived himself honoured by the friendship +and acquaintance of those who were considered to be men of fashion, +and of good connections, he was deluded by splendid entertainments +into the snare, which afterwards robbed him of his property and peace +of mind. + +Such were the arrangements of this alarming and mischievous +Confederacy, for the purpose of plundering the thoughtless and +unwary.--The evidence given in the Court of King's Bench, in an +action, tried for Gaming, on the 29th November, 1796, served pretty +fully to develope the shocking System of fraud pursued, after the +inexperienced and unwary were entrapped into these receptacles of ruin +and destruction.[40] + +[Footnote 40: The following is the substance of the most striking +parts of the Evidence of John Shepherd, in the action alluded to. + +"The witness saw Hazard played at the Gaming-House of the defendant, +in Leicester-street.--Every person who was three times successful, +paid the defendant a Silver Medal, which he purchased from him on +entering the house, at eight for a guinea, and he received six or +seven of these in the course of an hour for the Box Hands, as it was +called. The people who frequented this house always played for a +considerable sum. Sometimes L.20 or L.30 depended on a single throw of +the Dice. The witness remembered being once at the defendant's +Gaming-House about three or four o'clock in the morning, when a +gentleman came in very much in liquor.--He seemed to have a great deal +of money about him.--The defendant said he had not intended to play, +but now he would set to with this fellow.--He then scraped a little +wax with his finger off one of the candles and put the Dice together, +so that they came seven every way. After doing this, he dropped them +into the box and threw them out, and afterwards drew all the money +away, saying he had won it.--_Seven_ was the main, and he could not +throw any thing but _seven_. The young gentleman said he had not given +him time to _bar_.--A dispute arose between the defendant and him. It +was referred to two or three persons who were round the table, and +they gave it in favour of the defendant. The gentleman said he had +lost upwards of L.70. The defendant said, _we have cleared him_. The +witness has seen a man pawn his watch and ring in several instances; +and once he saw a man pawn his coat and go away without it. + +"After the Gaming Table was broken by the Bow-street Officers, the +defendant said it was too good a thing to be given up, and instantly +got another Table, large enough for twenty or thirty people. The +frequenters of this house used to play till day-light: and on one or +two occasions, they played all the next day. This is what the +defendant called, _sticking to it rarely_. The guests were furnished +with wine and suppers gratis, from the funds of the partnership, in +abundance. Sunday was a grand day. The witness has seen more than +forty people there at a time. The table not being sufficient for the +whole, half-a-crown used on such occasions to be given for a seat, and +those behind looked over the back of the others and betted." + +The person above-mentioned (whose name was Smith) who pawned his coat, +corroborated the above evidence; and added, that he had seen a person +after he had lost all his money, throw off his coat and go away, +losing it also.] + +While a vice, ruinous to the morals and to the fortunes of the younger +part of the Community who move in the middle and higher ranks of life +is suffered to be pursued in direct opposition to _positive +statutes_,--surely, blame must attach somewhere! + +The idle vanity of being introduced into what is generally, but +erroneously, termed genteel society, where a fashionable name +announces an intention of seeing company, has been productive of more +_domestic misery_ and more _real distress_, _poverty_, and +_wretchedness_ to _families_ in this great City (who but for their +folly might have been easy and comfortable,) than many volumes could +detail. + +A mistaken sense of what constitutes human happiness, fatally leads +the mass of the People who have the means of moving in any degree +above the middle ranks of life, into circles where Faro Tables and +other games at hazard are introduced in private families:--Where the +least recommendation (and Sharpers spare no pains to obtain +recommendations) is a passport to all who can exhibit a genteel +exterior; and where the young and the inexperienced are initiated in +every propensity tending to debase human character; while they are +taught to view with contempt every acquirement, connected with the +duties which lead to domestic happiness, or to those qualifications +which can render either sex respectable in the world. + +When such infamous practices are encouraged and sanctioned by +high-sounding names,--when sharpers and black-legs find an easy +introduction into the houses of persons of fashion, who assemble in +multitudes together, for the purpose of playing at those most odious +and detestable games of hazard, which the Legislature has stigmatised +with such marks of reprobation, it is time for the Civil Magistrate +to step forward:--It is time for him to feel, that, in doing that duty +which the Laws of his Country impose on him, he is perhaps saving +hundreds of families from ruin and destruction; and preserving to the +infants of thoughtless and deluded parents that property which is +their birth-right: but which, for want of an energetic Police in +enforcing the Laws made for their protection, is now too frequently +squandered; and the mind is tortured with the sad reflection, that +with the loss of fortune, all opportunities (in consequence of idle +habits) are also lost, of fitting the unfortunate sufferer for any +reputable pursuit in life, by which an honest livelihood could be +obtained. + +In this situation, the transition from the plain gamester to the +fraudulent one, and from that to every other species of criminality, +is easily conceived: and it is by no means an unfair conclusion, that +this has been the fate of not a few who have been early introduced +into these haunts of idleness and vice; and who, but for such an +education, might have become useful members of the State. + +The accumulated evils, arising from this source, are said to have been +suffered to continue, from a prevailing idea, that Persons of Rank and +their immediate associates were beyond the reach of being controlled, +by laws made for the mass of the People; and that nothing but capital +offences could attach to persons of this condition in life. + +If these evils were, in fact, merely confined to Persons of rank and +fortune, and did not extend beyond that barrier where no general +injury could accrue to Society, there might be a shadow of excuse (and +it would be but a shadow) for not hazarding an attack upon the +amusements of the Great, where the energy of the Laws to controul +their oeconomy may be doubtful: but surely in the present case, +where the mischief spreads _broad_ and _wide_, no good Magistrate can +or ought to be afraid to do his duty, because persons in high life may +dare to sanction and promote offences of a nature the most mischievous +to Society at large, as well as to the peace, comfort, and happiness +of families. + +If the exertions of the Magistracy are to be suspended until the +Higher Ranks see the frivolity, the shameful profligacy and the horrid +waste of useful time, as well as the cruel destruction of decent and +respectable families in that point of view which will operate as an +antidote to the evil, it is much to be feared that it must, under such +circumstances, become incurable. + +But there are other inducements, more nearly allied to the occurrences +in humble life, which render it in a particular degree incumbent on +Magistrates to make trial, at least, whether there is not sufficient +energy in the law to control the hurtful vices of the higher, as well +as the middling, and inferior ranks of the People: The examples of the +great and opulent, operate most powerfully among the tribe of _menial +servants_ they employ; and these carry with them into the lower ranks +that spirit of gambling and dissipation which they have practised in +the course of their servitude; thus producing consequences of a most +alarming nature to the general interests of the Community. To the +contagion of such examples, is owing in a great measure the number of +persons attached to pursuits of this kind, who become the Swindlers, +Sharpers, and Cheats, of an inferior class, described in the preceding +Chapter: and from the same source spring up those Pests of Society, +_The Lottery Insurers_, whose iniquitous proceedings we shall in the +next place lay before the Reader. + +These, with some exceptions, are composed of persons, in general very +depraved or distressed: the depredations committed on the Public by +their means are so ruinous and extensive as to require a consideration +peculiarly minute: in order to guard the ignorant and unwary, as much +as possible, against the fatal effects of that fraud and delusion, +which, if not soon checked, bid fair to destroy all remains of honesty +and discretion.--These Classes consist of + +_Sharpers, who take Lottery Insurances_, by which means gambling, +among the higher and middling ranks, is carried on, to an extent which +exceeds all credibility; producing consequences to many private +families, otherwise of great worth and respectability, of the most +distressing nature; and implicating in this misery, the innocent and +amiable branches of such families, whose sufferings, arising from this +source, while they claim the tear of pity, would require many volumes +to recount; but silence and shame throw a veil over the calamity: and, +cherished by the hopes of retrieving former losses, or acquiring +property, in an easy way, the evil goes on, and seems even yet to +increase, in spite of every guard which the Legislature has repeatedly +endeavoured to establish. + +With a very few exceptions all who are or have been proprietors of the +Gambling Houses are also concerned in the fraudulent Insurance +Offices; and have a number of Clerks employed during the drawing of +the two Lotteries, who conduct the business without risk in +counting-houses, where no insurances are taken, but to which books are +carried, not only from all the different Offices in every part of the +town, but also from the Morocco-Men; so called, from their going from +door to door with a book covered with red leather for the purpose of +taking insurances, and enticing the poor and the middle ranks to +become adventurers. + +_Several of the Keepers of Insurance Offices, during the interval of +the drawing of the English and Irish Lotteries_ have invented and set +up private Lotteries, or Wheels, called by the nick-name of _Little +Go's_, containing Blanks and Prizes, which are drawn for the purpose +of establishing _a ground for Insurance_; the fever in the minds of +the lower order of the people is thus kept up, in some measure, all +the year round, and produces incalculable mischiefs; and hence the +spirit of gambling becomes so rooted from habit, that no domestic +distress, no consideration, arising either with the frauds that are +practised, or the number of chances that are against them, will +operate as a check upon their minds. + +In spite of the high price of provisions, and of the care and +attention of the Legislature in establishing severe checks and +punishments for the purpose of preventing the evil of Lottery +Insurances, these criminal agents feel no want of customers; their +houses and offices are not only extremely numerous all over the +Metropolis; but in general _high-rented_; exhibiting the appearance of +considerable expence, and barricadoed in such a manner, with iron +doors and other contrivances, as in many instances to defy the arm of +the Law to reach them. + +In tracing all the circumstances connected with this interesting +subject, with a view to the discovery of the cause of the great +encouragement which these Lottery Insurers receive, it appears that a +considerable proportion of their emolument is derived from _menial +servants_ in general, all over the Metropolis; but particularly from +the pampered male and female domestics in the houses of men of fashion +and fortune; who are said, almost without a single exception, to be in +the constant habit of insuring in the English and Irish Lotteries. + +This class of _menials_, being in many instances cloathed as well as +fed by their masters, have not the same calls upon them as labourers +and mechanics, who must appropriate at least a part of their earnings +to the purpose of obtaining both food and raiment. + +With a spirit of gambling, rendered more ardent than prevails in +vulgar life, from the example of their superiors, and from their idle +and dissipated habits, these servants enter keenly into the Lottery +business; and when ill luck attends them, it is but too well known +that many are led, step by step, to that point where they lose sight +of all moral principle; impelled by a desire to recover what they have +lost, they are induced to raise money for that purpose, by selling or +pawning the property of their masters, wherever it can be pilfered in +a little way, without detection; till at length this species of +peculation, by being rendered familiar to their minds, generally +terminates in more atrocious crimes. + +Upon a supposition that one hundred thousand families in the +Metropolis keep two servants upon an average, and that one servant +with another insures only to the extent of twenty-five shillings each, +in the English, and the same in the Irish Lottery, the aggregate of +the whole will amount to HALF A MILLION STERLING. + +Astonishing as this may appear at first view, it is believed that +those who will minutely examine into the Lottery transactions of their +servants, will find the calculation by no means exaggerated; and when +to this are added the sums drawn from persons in the middle ranks of +life, as well as from the numerous classes of labourers and artisans +who have caught the mania; it ceases to be a matter of wonder, that so +many Sharpers, Swindlers, and Cheats, find encouragement in this +particular department. + +If servants in general, who are under the control of masters, were +prevented from following this abominable species of gambling; and if +other expedients were adopted, which will be hereafter detailed, a +large proportion of the present race of rogues and vagabonds who +follow this infamous trade, would be compelled to become honest; and +the poor would be shielded from the delusion which impels them to +resort to this deceitful and fraudulent expedient; at the expence +sometimes of pledging every article of household goods, as well as the +last rag of their own, and their children's wearing apparel, not +leaving even a single change of raiment! + +This view of a very prominent and alarming evil, known to exist from a +variety of facts well established and evinced, among others, by the +pawnbrokers' shops overflowing with the goods of the labouring poor, +during the drawing of the three Lotteries, ought to create a strong +desire on the part of all masters of families, to exert their utmost +endeavours to check this destructive propensity; and to prevent, as +far as possible, those distresses and mischiefs which every person of +humanity must deplore. The misery and loss of property which springs +from this delusive source of iniquity, is certainly very far beyond +any idea that can be formed of it by the common observer.[41] + +[Footnote 41: In consequence of a very accurate inquiry which has been +made, and of information derived from different sources, it appears +that fraudulent Lottery Insurances have not diminished. The Offices +are numerous all over the Metropolis, and are supposed to exceed four +hundred of all descriptions; to many of which there are persons +attached, called _Morocco Men_, who go about from house to house among +their former customers, and attend in the back parlours of Public +Houses, where they are met by customers who make insurances. It is +calculated that at these offices (exclusive of what is done at the +_licensed_ offices) premiums for insurance are received to the amount +of _eight hundred thousand pounds_, during the Irish Lottery, and +above _one million_ during the English; upon which it is calculated +that they make from 15 to 25 per cent. profit.--This infamous +confederacy was estimated, during the English Lottery of the year +1796, to support about 2000 agents and clerks, and nearly 7500 Morocco +Men, including a considerable number of hired _armed Ruffians_ and +_Bludgeon Men_: these were paid by a general association of the +Principal Proprietors of these fraudulent Establishments; who +regularly met in Committee, in a well-known public house in Oxford +Market, twice or thrice a week, during the drawing of the Lottery; for +the purpose of concerting measures to defeat the exertions of the +Magistrates, by alarming and terrifying, and even forcibly resisting, +the Officers of Justice in all instances where they could not be +bribed by pecuniary gratuities;--to effect which last purpose, neither +money nor pains were spared; and the wretched agents of these +unprincipled miscreants were, in many cases, prepared to commit +murder, had attempts been made to execute the Warrants of Magistrates; +as can be proved by incontestable evidence. It is greatly to be feared +that too much success attended these corrupt and fraudulent +proceedings, in violation and defiance of the Laws of the Kingdom.] + +A general Association, or perhaps an act of Parliament, establishing +proper regulations, applicable to this and other objects, with regard +to menial servants, would be of great utility. + +If a Legislative regulation could also be established, extending +certain restrictions to the members of the different _Friendly +Societies_ situated within the Bills of Mortality, with regard to +Fraudulent Lottery Insurances, above _seventy thousand families_ would +be relieved from the consequences of this insinuating evil; which has +been so fatal to the happiness and comfort of a vast number of +tradesmen and artisans, as well as inferior classes of labourers.[42] + +[Footnote 42: The regulation proposed, is this--that every member +belonging to a Friendly Society, should be _excluded_ or _expelled_, +and deprived of all future benefits from the funds of that Society, on +proof of his having insured in any Lottery whatsoever, contrary to +law;--and that this rule should be general, wherever the Acts of +Parliament, relative to Friendly Societies, have taken effect.] + +Such prohibitions and restraints would have a wonderful effect in +lessening the profits of the Lottery-Office Keepers; which, perhaps, +is the very best mode of suppressing the evil.--At present, the +temptation to follow these fraudulent practices is so great, from the +productive nature of the business, that unless some new expedient be +resorted to, no well-grounded hope can be entertained of lessening the +evil in any material degree. + +In addition, therefore, to what has already been suggested on the +subject, other expedients have occurred to the Author; and some have +been suggested by persons well informed on this subject. + +The Lottery in itself, if the poorer classes could be exempted from +its mischiefs, has been considered by many good Writers and Reasoners +as a fair resource of Revenue; by taxing the vices or follies of the +People, in a country where such a considerable proportion of the +higher and middling ranks are possessed of large properties in money, +and may be induced, through this medium to contribute to the +assistance of the State, what would (probably to the same extent) be +otherwise squandered and dissipated, in idle amusements. + +It is a means also of benefit to the Nation, by drawing considerable +sums of money annually from foreign Countries, which are laid out in +the purchase of tickets. + +In many respects therefore, it might be desirable to preserve this +source of Revenue if it can be confined to the purchase of Tickets, +and to persons of such opulence, as upon the abolition of the Lottery +could not probably be restrained from squandering their money in +another way, from which the State would derive no benefit. + +The Lottery, on the plan upon which it is at present conducted, has +not yet ceased to be an evil of the utmost magnitude, and perhaps one +of the greatest nurseries of crimes that ever existed in any +country.--At the close of the English Lottery drawn in 1796, the Civil +Power was trampled upon and put to defiance in a most alarming and +shameful manner, disgraceful to the Police of the Metropolis. The +means used for this purpose have been already fully detailed; _ante p. +156 in the note_. + +The profits of these Cheats and Swindlers were said to be immense +beyond all former example, during the Lottery drawn in the spring both +of 1796 and 1797; and of course, the Poor were never in a greater +degree plundered. + +In calculating the chances upon the whole numbers in the wheels, and +the premiums which are paid, there is generally about 33 1-3d per +cent. in favour of the Lottery Insurers; but when it is considered +that the lower ranks, from not being able to recollect or comprehend +high numbers, always fix on low ones, the chance in favour of the +insurer is greatly increased, and the deluded Poor are plundered, to +an extent which really exceeds all calculation. + +At no period is there ever so much occasion for the exertions of the +Magistracy, as during the drawing of the English and Irish Lotteries; +but it is to be feared, that even by this energy, opposed as it always +undoubtedly will be, by a System as well of corruption as of force +unexampled in former times, no proper check can be given, until by new +Legislative regulations, some more effectual remedy is applied. + +The following expedients with the assistance of a superintending, +energetic, and well-regulated Police, it is to be hoped, might be the +means of greatly abridging this enormous evil, and of securing to +Government the same annual revenue, which is at present obtained, or +nearly so. + + "1. That the numbers of the Tickets to be placed in the + Lottery Wheels shall not be _running numbers_, as heretofore + used; but shall be _intermediate_ and _broken_; thereby + preventing insurances from being made on specific numbers, + from the impossibility of its being known, to any but the + _holders of tickets, or the Commissioners_, what particular + ticket at anytime remains in the wheel. + + "2. That all persons taking out licences to sell Lottery + Tickets, shall (instead of the bond with two sureties for + one thousand pounds, now entered into under the act of the + 22d George 3. cap. 47,) enter into a bond, with two sureties + also, for L.50,000--which sum shall be forfeited, on due + proof that any person, so licensed, shall have been, + directly or indirectly, concerned in taking insurances + contrary to law; or in setting up, or being connected in the + profit or loss arising from any illegal insurance-office: or + in employing itinerant Clerks, to take insurances on account + of persons so licensed. + + "3. That besides the above-mentioned bond, all licensed + Lottery Office Keepers shall, previous to the drawing of + each Lottery, make oath before a Magistrate, that they will + not, in the course of the ensuing Lottery, be concerned, + either directly or indirectly, in setting up any illegal + offices for the sale of tickets, or insurance of numbers, + contrary to law: Which affidavit shall be recorded, and a + certificate thereof shall be indorsed on the licence + without which it shall not be valid. And that the affidavit + may be produced in evidence, against persons convicted of + illegally insuring; who shall in that event be liable to the + punishment attached to perjury, and of course, to the + ignominy of the pillory and imprisonment. + + "4. That all peace-officers, constables, headboroughs, or + others, lawfully authorised to execute the warrants of + Magistrates, who shall receive any gratuity, or sum of money + from illegal Lottery Insurers, or from any person or + persons, in consideration of any expected services in + screening such offenders from detection or punishment, + shall, on conviction, be rendered infamous, and incapable of + ever serving any public office; and be punished by fines, + imprisonment, or the pillory, as the Court, before whom the + offence is tried, shall see proper. + + "5. That all persons who shall be convicted of _paying + money_ on any contract for the benefit arising from the + drawing of any Lottery Ticket, insured upon any contingency + (not being in possession of the original ticket, or a legal + share thereof) shall forfeit L.20 for every offence, to be + levied by distress, &c. + + "6. That an abstract of the penalties inflicted by law on + persons insuring, or taking illegal insurances in the + Lottery, shall be read every Sunday, in all churches, + chapels, meeting-houses, and other places of public worship, + during the drawing of the Irish and English Lotteries + respectively; with a short exhortation, warning the people + of the consequences of offending against the law: And that a + copy of the same shall be pasted up in different parts of + Guildhall, and constantly replaced during the drawing of the + Lottery; and also at all the licensed Lottery Offices within + the Metropolis. + + "7. That a reward, not exceeding L.50 be paid to any person + employed as a clerk or servant in any illegal Lottery + Office, who shall be the means of convicting the actual or + principal proprietor or proprietors of the said office, who + shall not appear themselves in the management; also a sum + not exceeding L.40 on conviction of a known and acting + proprietor; and a sum not exceeding L.10 on conviction of + any clerk or manager, not being partners. + + "8. That the punishment to be inflicted on offenders shall + be fine, imprisonment, or the pillory; according to the + atrocity of the offence, in the discretion of the Court + before which such offenders shall be tried." + +The following Plans have also been transmitted to the Author by +Correspondents who appear to be well-wishers to Society. They are here +made public, in hopes that from the whole of the suggestions thus +offered, some regulations may ultimately be adopted by the Legislature +towards effectually remedying this peculiarly dangerous and +still-increasing evil. + + +PLAN I. + +"It is proposed, that the _Prizes only_ should be drawn, and that +Seven Hours and a Half per Day should be the time of drawing, instead +of Five Hours, by which means a lottery of the same number of tickets +now drawn in thirty-five days, would be drawn in seven days and a +half; and each adventurer would have exactly the same chance as he has +by the present mode of drawing; since it is evidently of no +consequence to him whether all the blanks remain in the Number Wheel +undrawn, or an equal number of Blanks are drawn from a blank and prize +wheel; the chance of blank or prize on _each ticket_ being in either +case exactly the same. + +"According to the usual mode of drawing, 50,000 tickets take about +thirty-five days in drawing, which is 1,420-6/7 per day.--By +increasing the time of each day's drawing, from five hours to seven +and a half, 2,131 tickets would be drawn each day; but as the reading +prizes above L.20 _thrice_, causes some little delay, I reckon only +2000 per day; at which rate 15,000 tickets, the usual proportion of +prizes in a Lottery of 50,000 tickets, would be drawn in seven days +and a half. Thus the _Period_ of Insurance would be nearly reduced to +one-fifth part of its present duration, and the _daily_ insurance on +_Blanks_, and _Blank and Prize_, which opens the most extensive field +for gambling, would be _entirely abolished_. Reducing, therefore, the +time of Insurance to one-fifth, and the numbers drawn to less than +one-third of what they have hitherto been, there could scarce remain +in Lotteries thus drawn, one-fifteenth part of the insurance as in +former Lotteries of an equal number of Tickets.--It is also worthy of +remark, that as all the late Lotteries have been thirty-five days at +least in drawing, the Insurance Offices had thirty-four to one in +their favour the first day, by which circumstance they were enabled to +tempt chiefly that class of people who can only gamble on the lowest +terms, and to whom gambling is most extensively pernicious, with a +very moderate premium, (_e.g._ about twelve shillings to return twenty +pounds) which increases daily by almost imperceptible degrees, and +thus insensibly leads them on to misery, desperation, and guilt. + +"But in the proposed Plan, the Insurance Offices would have only six +days and a half to one in their favour the first day; so that they +must begin with a much higher premium than the generality of the +common people can advance, which premium must each day be very +considerably increased.--These considerations would undoubtedly +operate as an absolute prohibition, on far the greatest part of +Lottery Insurers; beside which, the great probability of numbers +insured being drawn each day, would deter even the Office Keepers from +venturing to insure so deeply, or extensively, as they have been +accustomed to do. + +"Should it be objected, that if Insurance is thus abridged, or +prohibited, tickets will not sell, and the Lottery, as a source of +Revenue, must be abandoned: the following expedient may, it is +apprehended, effectually obviate such an objection.-- + +"Let Tickets, which cannot now be legally divided below a sixteenth, +be divisible down to a _Sixty-fourth_ share, properly stamped; which +regulation, while it would greatly benefit and encourage Licensed +Offices, would equally discountenance illegal Gamblers; and whilst it +permitted to the lower orders of the Community a fair chance of an +adventure in the Lottery on moderate terms, would co-operate with the +restrictions on Insurance to advance the intrinsic value, as well as +the price of tickets, which every illegal _Scheme_ evidently tends to +depreciate." + +The preceding Plan appeared in the Appendix to the fifth edition of +this Treatise; in consequence of which the Author received the +following observations and which therefore he presents as-- + + +PLAN II. + +"The Suggestions as far as they extend and relate to the shortening +the duration of the drawing are highly useful, but they fall short of +the object, and the Plan, if executed, would nearly prevent the sale +of tickets, and totally so that of shares, and consequently abolish +Lotteries altogether;--a consummation devoutly to be wished by every +friend to the public, but under the pecuniary influences, which +perhaps too much affect political considerations, little to be +expected. + +"It will be necessary to exhibit only a plain Statement of the +proportionate chances in the wheel during the 7-1/2 days of drawing on +the Scheme of 50,000 Tickets, viz.-- + + _Prizes._ _Blanks._ + + 1st. Day 15,000 to 35,000 2-1/3 to a Prize + 2d. --- 13,000 -- 35,000 + 3d. --- 11,000 -- 35,000 + 4th. --- 9,000 -- 35,000 + 5th. --- 7,000 -- 35,000 + 6th. --- 5,000 -- 35,000 + 7th. --- 3,000 -- 35,000 + last. --- 1,000 -- 35,000 35 to a Prize. + +"Hence it is evident, that on supposition the value of the Prizes +diminish by an equal ratio, every day of drawing, still the actual +value of the Prizes in proportion to the permanent number of the +Blanks will be diminished by the relative proportion increasing at the +rate of about 4666 Blanks every day after the first. Consequently it +must follow, that the premiums of insurance, as well as the price of +Shares and Tickets, instead of acquiring in their value _a very +considerable increase_, must be subject to a very considerable +diminution. + +"To maintain the foregoing Plan, No. I. which is a good ground-work +for lessening the evil, I take the liberty (says my Correspondent) of +suggesting the following improvement. + +"After the Prizes are drawn each day, let the proportion of the +Blanks, namely, 4666 be drawn also. Let there be a suspension likewise +of five or seven days between each drawing for the sale of Tickets and +Shares, and to give time for insurance. It may be objected, that the +time being thus prolonged the inconvenience will remain the same; to +avoid which, the blank numbers so drawn, must be done secretly and +sealed up by the Commissioners, or, they may be drawn openly but not +unfolded or declared, and if necessary, made public after the drawing; +by which means the insurance against Blanks or Blank and Prize will be +equally abolished." + + +PLAN III. + +"The Evils of a Lottery are many.--The Advantages might, if well +regulated, be as numerous. According to the Schemes that have hitherto +prevailed the _principle_ has been wrong. Since the bait held out has +been the obtaining of an immense fortune, and the risk has been +proportionably great--Insurance has reigned unchecked by all penalties +and punishments that could be devised to the ruin and misery of +thousands. The price of tickets has been fluctuating, and fortunes +have been won and lost on the chance of the great Prizes keeping in +the Wheel: the L.20 prizes have always proved dissatisfactory, as +though there are only 2-1/2 prizes _on an average_ to a blank, yet +such is the uncertainty, that many have scores of tickets without +obtaining the proportionate advantage even from these low prizes. It +is thought, therefore, that a scheme which should offer considerably +more chances for prizes of and above L.50, and which should ensure a +return on all blanks, would be acceptable. If also it could be made to +prevent insuring of tickets and capitals, it seems to be the grand +desideratum in this branch of financeering. + +"The principle on which these benefits may be obtained is this. There +should be a considerable number of moderate prizes, such as might be +fortunes, if obtained by the inferior ranks, and of consequence +sufficient to answer the risk of the rich. The tickets to be drawn +each day should be previously specified which may be done by +appropriating a certain share of the prizes to a certain number of +tickets. All the tickets not drawn prizes of L.50 or upwards shall be +entitled to a certain return, which would be superior to a chance for +a L.20 prize. + + +"SCHEME. + + _Number of Prizes._ _Value of each._ _Total Value._ + L. L. + 25 5,000 125,000 + 25 1,000 25,000 + 100 500 50,000 + 250 100 25,000 + 600 50 30,000 + ----- ------- + 1,000 255,000 + 49,000--L.5 returned on each. 245,000 + ------ ------- + 50,000 Tickets. 500,000 + + +"SCHEME OF DRAWING. + +"Let 2000 Tickets from No. 1, to 1999 inclusive, (with Number 50,000) +be put into a Wheel the first day, and proceed in the same manner +numerically for 25 days. In the other Wheel, each day let there be put +the following proportion of Prizes, viz. + + + L. L. + 1 5000 5000 + 1 1000 1000 + 4 500 2000 + 10 100 1000 + 24 50 1200 + ---- ------ + 40 10,200 + 1960.--L.5 to be returned on each. 9800 + ---- ------ + 2000 Tickets 20,000 + +"In Lotteries where the lowest prizes have been of L.20 the blanks +have been the proportion of 2-1/2 to a prize. If therefore a person +had seven tickets they were entitled to expect only two L.20 prizes or +L.40. In this, however, they were frequently disappointed, and their +chance for a prize of L.50 or upwards has been as about 200 to 50,000. +By the above Scheme, if a person has seven tickets they are sure of a +return of L.35, and have the chance of 40 to 2000, or 1000 to 50,000 +for a superior prize. The certainty of the numbers and the prizes to +be drawn each day would prevent insurance on those events, and every +ticket being a prize there could be no insurance against blanks. + +"In fact, the Lottery might be drawn in one day,--thus: Let there be +twenty-five bags containing each 2000 numbers, either promiscuously +chosen or of stated thousands. Let there be also 25 bags each +containing the 40 prizes above appropriated to each day's drawing. Let +the Commissioners empty one bag of numbers and one of prizes into two +wheels. Let them draw 40 numbers out of the Number Wheel, and the 40 +prizes out of the other. The remaining 1960 numbers to be entitled to +L.5 each.--Then let them proceed with other 2000 numbers in the same +way." + + * * * * * + +At all events, whether these Plans for reforming this enormous evil, +are or are not superior to others which have been devised, it is clear +to demonstration, that the present System is founded on a principle +not less erroneous than mischievous; and, therefore, it cannot too +soon be abandoned; especially since it would appear that the Revenue +it produces might be preserved, with the incalculable advantage to the +nation of preserving, at the same time, the morals of the people, and +turning into a course of industry and usefulness the labour of many +thousand individuals, who, instead of being, as at present, pests in +Society, might be rendered useful members of the State. + + + + +CHAP. VII. + + _The Frauds arising from the manufacture and circulation of + base Money:--The Causes of its enormous increase of late + years.--The different kinds of false Coin detailed:--The + Process in fabricating each species explained:--The immense + Profits arising therefrom:--The extensive Trade in sending + base Coin to the Country.--Its universal Circulation in the + Metropolis.--The great Grievance arising from it to Brewers, + Distillers, Grocers, and Retail Dealers, in particular, as + well as the Labouring Poor in general.--The principal + Channels through which it is uttered in the Country and in + the Metropolis.--Counterfeit foreign Money extremely + productive to the dealers.--A summary View of the Causes of + the mischief.--The Defects in the present Laws + explained:--And a Detail of the Remedies proposed to be + provided by the Legislature._ + + +The frauds committed by the fabrication of base Money, and by the +nefarious practices, in the introduction of almost every species of +Counterfeit Coin into the circulation of the Country, are next to be +discussed. + +The great outlines of this enormous evil having been stated in the +first Chapter, it now remains to elucidate that part of the subject +which is connected with _specific detail_. + +One of the greatest sources of these multiplied and increasing frauds +is to be traced to the various ingenious improvements which have taken +place of late years, at Birmingham, and other manufacturing towns, in +mixing metals, and in stamping and _colouring_ ornamental buttons. + +The same ingenious process is so easily applied to the coinage and +colouring of false money, and also to the mixing of the metals of +which it is composed, that it is not to be wondered at, that the +avarice of man, urged by the prospect of immense profit, has +occasioned that vast increase of counterfeit money of every +description, with which the Country is at present deluged. + +The false coinages which have been introduced into circulation, of +late years, are _Guineas, Half-Guineas and Seven Shilling Pieces, +Crowns and Half-Crowns, Shillings, Sixpences, Pence, Halfpence, and +Farthings_, of the similitude of the coin of the realm: of foreign +coin, _Half Johannas, Louis d'ors, Spanish Dollars, French +Half-Crowns, Shillings and Sixpences, 30 Sol pieces, Prussian and +Danish Silver money, and other continental coins_; to which may be +added, _Sequins of Turkey, and Pagodas of India_. These foreign coins +except in the instance of the _Spanish Dollars_[43] issued by the +Bank of England in 1797, have generally been sold as articles of +commerce for the purpose of being fraudulently circulated in the +British Colonies or in Foreign Countries. + +[Footnote 43: The circulation of stamped Spanish Dollars, in 1797, +gave rise to a very extensive coinage of counterfeit money of the same +species, which was generally executed in a very masterly manner, and +before the fraud was discovered vast quantities were in the hands of +many innocent members of the community. Several detections, however, +having checked the circulation, and silver bullion having fallen +greatly in price, those who were in the habit of dealing in base money +availing themselves of this circumstance, purchased Dollars in great +quantities at about 4_s._. 2_d._ which they instantly stamped and +circulated at 4_s._ 9_d._ and by which species of villainy large sums +of money were suddenly amassed.--One dealer in particular is said to +have made above L.5000 in six weeks. The Laws attaching no punishment +to this unforeseen offence, and the Author representing the +circumstances of the case to the Bank Directors, the whole were called +in, leaving, however, in the hands of the dealers a large surplus of +actual counterfeits,--which appears to have suggested to them the +expedient of finding a market in the British American Colonies and the +United States, where, in general, frauds are less likely to be +detected from the payments being made (particularly in the West India +islands) in dollars put up in bags containing a certain value in each. +However, they were fortunately defeated in this object by the timely +notice given, by the Author of this Treatise, to his Majesty's +Secretary of State, and the American Minister, and through these +respectable mediums commercial people were put upon their guard before +the intended fraud could be carried into effect.] + +So dexterous and skilful have Coiners now become, that by mixing a +certain proportion of pure gold with a compound of base metal, they +can fabricate guineas that shall be full weight, and of such perfect +workmanship as to elude a discovery, except by persons of skill; while +the intrinsic value does not exceed thirteen or fourteen shillings, +and in some instances is not more than eight or nine. Of this coinage +considerable quantities were circulated some years since, bearing the +impression of George the Second: and another coinage of counterfeit +guineas of the year 1793, bearing the impression of his present +Majesty, has been for some years in circulation, finished in a +masterly manner, and nearly full weight, although the intrinsic value +is not above eight shillings: half guineas are also in circulation of +the same coinage: and lately a good imitation of the seven-shilling +pieces. But as the fabrication of such coin requires a greater degree +of skill and ingenuity than generally prevails, and also a greater +capital than most coiners are able to command, it is to be hoped it +has gone to no great extent; for amidst all the abuses which have +prevailed of late years, it is unquestionably true, that the guineas +and half-guineas which have been counterfeited in a style to elude +detection, have borne no proportion in point of extent to the coinage +of base _Silver_. Of this latter there are _five_ different kinds at +present counterfeited; and which we shall proceed to enumerate. + +_The first of these are denominated_ Flats, from the circumstance of +this species of money being cut out of flatted plates, composed of a +mixture of silver and blanched copper. The proportion of silver runs +from one-fourth to one-third, and in some instances to even one-half: +the metals are mixed by a chemical preparation, and afterwards rolled +by flatting mills, into the thickness of _shillings_, _half-crowns_, +or _crowns_, according to the desire of the parties who bring the +copper and silver, which last is generally stolen plate. It is not +known that there are at present above one or two rolling mills in +London, although there are several in the Country, where all the +dealers and coiners of this species of base money resort, for the +purpose of having these plates prepared; from which, when finished, +_blanks_ or round pieces are cut out, of the sizes of the money meant +to be counterfeited. + +The artisans who stamp or coin these blanks into base money are seldom +interested themselves. They generally work as mechanics for the large +dealers who employ a capital in the trade;--and who furnish the +plates, and pay about eight per cent. for the coinage, being at the +rate of one penny for each shilling, and twopence-halfpenny for each +half-crown. + +This operation consists first in turning the blanks in a lathe;--then +stamping them, by means of a press, with dies of the exact impression +of the coin intended to be imitated:--they are afterwards rubbed with +sandpaper and cork; then put into aquafortis to bring the silver to +the surface; then rubbed with common salt; then with cream of tartar; +then warmed in a shovel or similar machine before the fire; and last +of all rubbed with _blacking_, to give the money the appearance of +having been in circulation. + +All these operations are so quickly performed, that two persons (a man +and his wife for instance,) can completely finish to the nominal +amount of fifty pounds in shillings and half-crowns in two days, by +which they will earn each two guineas a day. + +A shilling of this species, which exhibits nearly the appearance of +what has been usually called a Birmingham shilling, is intrinsically +worth from _twopence to fourpence_; and crowns and half-crowns are in +the same proportion. The quantity made of this sort of counterfeit +coinage is very considerable: it requires less ingenuity than any of +the other methods of coining, though at the same time it is the most +expensive, and of course the least profitable to the Dealer; who for +the most part disposes of it to the utterers, vulgarly called +_Smashers_, at from 28_s._ to 40_s._ for a guinea, according to the +quality; while these _Smashers_ generally manage to utter it again to +the full import value. + +_The Second Species of counterfeit Silver money_ passes among the +dealers by the denomination of Plated Goods; from the circumstance of +the shillings and half-crowns being made of copper of a reduced size, +and afterwards plated with silver, so extended as to form a rim round +the edge. This coin is afterwards stamped with dies so as to resemble +the real coin; and, from the circumstance of the surface being pure +silver, is not easily discovered except by ringing the money on a +table: but as this species of base money requires a knowledge of +_plating_ as well as a great deal of ingenuity, it is of course +confined to few hands. It is however extremely profitable to those who +carry it on, as it can generally be uttered, without detection, at +its full import value. + +_The Third Species of base Silver-money is called_ Plain Goods, and is +totally confined to shillings. These are made of copper blanks turned +in a lathe, of the exact size of a Birmingham shilling, afterwards +silvered over by a particular operation used in colouring metal +buttons; they are then rubbed over with cream of tartar and blacking, +after which they are fit for circulation. + +These shillings do not cost the makers above one halfpenny each: they +are sold very low to the _Smashers_ or _Utterers_, who pass them where +they can, at the full nominal value; and when the silver wears off, +which is very soon the case, they are sold to the Jews as bad +shillings, who generally resell them at a small profit to customers, +by whom they are recoloured, and thus soon brought again into +circulation. The profit is immense, owing to the trifling value of the +materials; but the circulation, on account of the danger of discovery, +it is to be hoped is not yet very extensive. It is, however, to be +remarked, that it is a species of coinage not of a long standing. + +_The Fourth Class_ of counterfeit silver-money is known by the name of +CASTINGS or CAST GOODS. This species of work requires great skill and +ingenuity, and is therefore confined to few hands; for none but +excellent artists can attempt it, with any prospect of great success. + +The process is to melt blanched copper, and to cast it in moulds, +having the impression, and being of the size of a _crown_, a +_half-crown_, a _shilling_, or a _sixpence_, as the case may be; after +being removed from the moulds, the money thus formed is cleaned off, +and afterwards neatly silvered over by an operation similar to that +which takes place in the manufacture of buttons. + +The counterfeit money made in imitation of shillings by this process, +is generally cast so as to have a _crooked appearance_; and the +deception is so admirable, that although intrinsically not worth _one +halfpenny_, by exhibiting the appearance of a _thick crooked +shilling_, they enter into circulation without suspicion, and are +seldom refused while the surface exhibits no part of the copper; and +even after this the itinerant Jews will purchase them at threepence +each though six times their intrinsic value, well knowing that they +can again be recoloured at the expence of half a farthing, so as to +pass without difficulty for their nominal value of twelve pence.--A +vast number of the sixpences now in circulation is of this species of +coinage. + +The profit in every view, whether to the original maker, or to the +subsequent purchasers (after having lost their colour,) is _immense_. + +In fabricating Cast Money, the workmen are always more secure than +where presses and dies are used; because upon the least alarm, and +before any officer of justice can have admission, the counterfeits are +thrown into the crucible; the moulds are destroyed; and nothing is to +be found that can convict, or even criminate the offender: on this +account the present makers of cast money have reigned long, and were +they careful and frugal, they might have become extremely rich; but +prudence rarely falls to the lot of men who live by acts of +criminality. + +The _Fifth and last Species_ of base coin made in imitation of +silver-money of the realm is called Figs or Fig Things. It is a very +inferior sort of counterfeit money, of which composition, however, a +great part of the sixpences now in circulation are made. The +proportion of silver is not, generally speaking, of the value of one +farthing in half a crown; although there are certainly some +exceptions, as counterfeit sixpences have been lately discovered, some +with a mixture, and some wholly silver; but even these did not yield +the makers less than from 50 to 80 per cent. while the profit on the +former is not less than from five hundred to one thousand per cent. +and sometimes more. + +It is impossible to estimate the amount of this base money which has +entered into the circulation of the Country during the last twenty +years; but it must be very great, since one of the principal Coiners +of stamped money, who some time since left off business, and made some +important discoveries, acknowledged to the Author, that he had coined +to the extent of _two hundred thousand pounds_ sterling in counterfeit +_half-crowns_, and other base silver money, in a period of seven +years. This is the less surprising, as two persons can stamp and +finish to the amount of from 200_l._ to 300_l._ a week.[44] + +[Footnote 44: A _Liquid Test_ has been discovered by Mr. ALSTON, an +eminent Manufacturer, in Birmingham, of great worth and +respectability, which cannot fail to be of the greatest use in +detecting every species of counterfeit Gold and Silver money, whether +_plated_ or _washed_. This discovery is mentioned with pleasure by the +Author, as it is likely to be productive of much benefit to the +Public, in protecting the fair dealers against the frauds daily +practised upon them, in the circulation of base money.--The discovery +is instantaneous by a single touch, and the expence of the Liquid and +Apparatus is trifling.] + +Of the Copper Money made in imitation of the current coin of the +realm, there are many different sorts sold at various prices, +according to the size and weight; but in general they may be divided +into two kinds, namely, the stamped and the plain halfpence, of both +which kind immense quantities have been made in London; and also in +Birmingham, Wedgbury, Bilston, and Wolverhampton, &c.[45] + +[Footnote 45: A species of counterfeit halfpence made _wholly of +lead_, has been circulated in considerable quantities, coloured in +such a manner as even to deceive the best judges. They are generally +of the Reign of George II. and have the exact appearance of old Mint +halfpence.] + +The plain halfpence are generally made at Birmingham; and from their +thickness, afford a wonderful deception. They are sold, however, by +the coiners to the large dealers at about a farthing each, or 100 per +cent. profit in the tale or aggregate number. These dealers are not +the _utterers_; but sell them again by retail in _pieces_, or +_five-shilling papers_, at the rate of from 28_s._ to 31_s._ for a +guinea; not only to the Smashers, but also to persons in different +trades, as well in the Metropolis as in the Country Towns, who pass +them in the course of their business at the full import value. + +Farthings are also made in considerable quantities, chiefly in London, +but so very thin that the profit upon this species of coinage is much +greater than on the halfpence, though these counterfeits are not now, +as formerly, made of base metal. The copper of which they are made is +generally pure. The advantage lies in the weight alone, where the +_coiners_, _sellers_, and _utterers_, do not obtain less than 200 per +cent. A well known coiner has been said to finish from sixty to eighty +pounds sterling a week. Of halfpence, two or three persons can stamp +and finish to the nominal amount of at least two hundred pounds in six +days. + +When it is considered that there are seldom less than between forty +and fifty coinages or private mints, almost constantly employed in +London and in different country towns; in stamping and fabricating +base silver and copper money, the evil may justly be said to have +arrived at an enormous height. It is indeed true that these people +have been a good deal interrupted and embarrassed from time to time, +by detections and convictions; but while the laws are so inapplicable +to the new tricks and devices they have resorted to, these convictions +are only _a drop in the bucket_: while such encouragements are held +out the execution of one rogue only makes room for another to take up +his customers; and indeed as the offence of selling is only a +misdemeanor it is no unusual thing for the wife and family of a +culprit, or convicted _seller_ of _base money_ to carry on the +business, and to support him luxuriously in Newgate, until the +expiration of the _year_ and _day's_ imprisonment, which is generally +the punishment inflicted for this species of offence. + +It has been already stated [_page_ 16, &c.] that trading in base money +has now become as regular and systematic as any fair branch of +trade.-- + +Certain it is, that immense quantities have been regularly sent from +London to the Camps during the summer season; and to persons at the +sea-ports and manufacturing towns, who again sell in retail to the +different tradesmen and others who pass them at the full _import_ +value. + +In this nefarious traffic a number of the lower order of the German +Jews in London assist the dealers in an eminent degree, particularly +in the circulation of bad halfpence. + +It has not been an unusual thing for several of these dealers to hold +a kind of market every morning, where from forty to fifty of these +German Jew boys are regularly supplied with counterfeit halfpence; +which they dispose of in the course of the day in different streets +and lanes of the Metropolis, for _bad shillings_, at about 3_d._ each. +Care is always taken that the person who cries bad shillings shall +have a companion near him who carries the halfpence, and takes charge +of the purchased shillings (which are not cut:) so as to elude the +detection of the Officers of the Police, in the event of being +searched. + +The bad shillings thus purchased, are received in payment by the +employers of the boys, for the bad halfpence supplied them, at the +rate of four shillings a dozen; and are generally resold to +_Smashers_, at a profit of two shillings a dozen; who speedily +re-colour them, and introduce them again into circulation, at their +full nominal value. + +The boys will generally clear from five to seven shillings a day, by +this fraudulent business; which they almost uniformly spend, during +the evening, in riot and debauchery; returning pennyless in the +morning to their old trade. + +Thus it is that the frauds upon the Public multiply beyond all +possible conception, while the tradesman, who, unwarily at least if +not improperly, sells his counterfeit shillings to Jew boys at +threepence each, little suspects that it is for the purpose of being +returned upon him again at the rate of twelve-pence; or 300 per cent. +profit to the purchasers and utterers. + +But these are not the only criminal devices to which the coiners and +dealers, as well as the utterers of base money, have had recourse, for +answering their iniquitous purposes. + +Previous to the Act of the 37 Geo. 3. cap. 126, counterfeit French +crowns, half-crowns, and shillings, of excellent workmanship, were +introduced with a view to elude the punishment of the then deficient +Laws relative to Foreign Coin. + +Fraudulent die-sinkers are to be found both in the Metropolis and in +Birmingham, who are excellent artists; able and willing to copy the +exact similitude of any coin, from the British guinea to the sequin of +Turkey, or to the Star Pagoda of Arcot. The delinquents have therefore +every opportunity and assistance they can wish for; while their +accurate knowledge of the deficiency of the laws, (particularly +relative to British Coin) and where the point of danger lies, joined +to the extreme difficulty of detection, operates as a great +encouragement to this species of treason, felony, and fraud; and +affords the most forcible reason why these pests of society still +continue to afflict the honest part of the community. + +An opinion prevails, founded on information obtained through the +medium of the most intelligent of these coiners and dealers, that of +the counterfeit money now in circulation, not above one third part is +of the species of _Flats_ or _composition money_; which has been +mentioned as the most intrinsically valuable of counterfeit silver, +and contains from one fourth to one third silver; the remainder being +blanched copper.--The other two thirds of the counterfeit money being +_cast_ or _washed_, and intrinsically worth little or nothing, the +imposition upon the public is obvious. Taking the whole upon an +average, the amount of the injury may be fairly calculated at within +ten per cent. of a total loss upon the mass of the base silver money +now in circulation; which, if a conclusion may be drawn from what +passes under the review of any person who has occasion to receive +silver in exchange, must considerably exceed _one million sterling_! +To this we have the miserable prospect of an accession every year, +until some effectual steps shall be taken to remedy the evil. + +Of the Copper Coinage, the quantity of counterfeits at one time in +circulation might be truly said to equal three fourth parts of the +whole, and nothing is more certain than that a very great proportion +of the actual counterfeits passed as Mint halfpence, from their size +and appearance, although they yielded the coiners a large profit. + +Even at present the state both of the silver and copper coinage of +this kingdom (the copper pence only excepted) deserves very particular +attention, for at no time can any person minutely examine either the +one coin or the other, which may come into his possession, without +finding a considerable proportion counterfeit. + +Until, therefore, a new coinage of halfpence and farthings takes place +upon the excellent plan adopted by Government, with respect to the +pence now partially in circulation, what must be the situation of the +retail dealers, the brewers, distillers, and many other classes of +industrious traders, who in the course of their business, are +compelled to receive depreciated counterfeit money?[46] + +[Footnote 46: It is a curious fact, that although the number of Pence +which have been supplied by that admirable Artist, Mr. BOULTON, of +Birmingham, and which have been actually circulated amounts to Forty +Million of Pieces, making L.166,666. 12_s._ 4_d._ sterling, and which +is equal to 4_d._ for every inhabitant in this Island, according to +the largest computation: yet the quantity of halfpence (chiefly +counterfeits) which are found in actual circulation, are at least in +the proportion of forty to one. This must ever be the case until some +expedient, such as is hereafter recommended, shall be adopted for +calling them in, and substituting in their place a new Coinage of the +full standard weight: For it is evident that the Dealers and Tradesmen +at present hoard up the penny pieces, and only circulate the +counterfeit halfpence which they receive; the nuisance therefore +remains, and the coiners are thus encouraged to continue their +nefarious practices.] + +The burden is not only grievous beyond expression, to those who have +no alternative but to take such base money in payment; but extends +indirectly to _the Poor_: in as much as the diminished value of such +coin, arising from its reduced or base quality taken in connection +with the quantities thrown into circulation, tends to enhance the +price of the first articles of necessity. + +The labourer, the handicraftsman, and the working manufacturer, being +generally paid their weekly wages, partly in copper money of +depreciated value;--it is obvious that they must obtain less than they +would otherwise receive, were the coin of a higher standard; for the +retail dealers who furnish the poor with food, must shield themselves, +at least in part, against the unavoidable losses arising from base +money; by advancing the prices of their various commodities. + +Nor are such advances made upon a principle which cannot be defended; +since it is evident that the relative value _even of the old copper +coin of the Mint_ to gold or silver, is nearly _twice its intrinsic +value_; and while such copper money cannot be paid into the receipt of +his Majesty's Exchequer, or received in payment by the officers of the +revenue, the burden and loss of a diminished coin fall entirely upon +the traders, (who are compelled to receive such money,) and upon the +labourers and mechanics through whose medium it is chiefly circulated. + +While the disproportion thus stated between the denominative value of +copper and silver money is so very great, it is evident that the legal +coinage of copper must produce an immense profit; as _one pound_ of +copper estimated at 15 _pence_[47] will make as many halfpence, of the +legal coinage, as pass for _two shillings_. + +[Footnote 47: A few years ago sheet-copper was as low as 11-1/2_d._ a +pound, and will probably be again at the same price on the return of +Peace. Indeed it has been even lower, although it has recently very +much advanced in price.] + +This fact plainly shews the vast temptation which is held out to those +who carry on the counterfeit coinage, where the profit from the coiner +to the dealers, and from these dealers to the utterers, at the full +denominative value, must be in many instances from two to three +hundred per cent. When to this circumstance is added the security +which the deficiencies in the present laws hold out, the whole +operates as a kind of bounty to these fraudulent people, who cannot +resist the prosecution of a trade where the profit is so immense, and +where a coinage equally _pure and heavy_ as the old mint standard +would even be extremely productive.[48] + +[Footnote 48: This observation does not apply to Mr. Boulton's New +Copper Coinage; for although some feeble attempts have been made to +counterfeit it, these can never go to a great extent, from its not +being a sufficient object of profit; besides the fraud is easily +detected, since each penny weighs an exact ounce: of course the +halfpence should weigh half an ounce, and the farthings one quarter of +an ounce, when these last two denominations are brought into +circulation; as it is expected they will be.] + +In every view the evil at present arising from base money of every +denomination appears to be of the greatest magnitude--while its extent +will scarce be credited by any but those who have turned their +attention very minutely to the subject. + +The trade of dealing in counterfeit coin acquires its greatest vigour +towards the end of March; for then the Lotteries are over, when +_Swindlers_, _Gamblers_, _Pretended Dealers in Horses_, _Travellers +with EO Tables_, and _Hawkers_ and _Pedlars_ go into the country, +carrying with them considerable quantities of base silver and copper +money; by which they are enabled, in a great degree, to extend the +circulation, by cheating and defrauding ignorant country people. + +In the spring season too, the dealers in counterfeit coin begin to +make up their orders for the different country towns; and it is +supposed, upon good grounds, that there is now scarcely a place of any +consequence all over the kingdom where they have not their +correspondents; it is also a fact well established, that many of these +correspondents come regularly to the _Metropolis_, and also go to +Birmingham and the neighbouring towns once or twice a year for the +purpose of purchasing base money, where the evil is said to be +increasing even more than in London. + +It very seldom happens, on account of the great demand, (especially of +late years) that the dealers have ever any considerable stock on hand. +The base money is no sooner finished, than it is packed up and sent to +customers in town and country; and with such rapidity has it been +fabricated, on occasions of pressing emergency, that a single dealer +has been known to procure from the coiners who worked for him, from +L.300 to L.500 for country orders, in the course of the week! + +The lower ranks among the Irish, and the German Jews, are the chief +supporters of the trade of circulating base money in London;--there is +said to be scarce an Irish labourer who does not exchange his week's +wages for base money; taking a mixture of shillings, sixpences, and +copper. + +The Jews principally confine themselves to the coinage and +circulation of copper; while the Irish women are the chief utterers +and colourers of base silver. A vast number of these low females have +acquired the mischievous art of colouring the bad shillings and +sixpences, which they purchase from the employers of Jew-boys, who cry +_bad shillings_. + +It is somewhat singular that among the Jews, although many cases occur +where they appear to be coiners of copper money and dealers to a great +extent, yet scarce an instance can be adduced of their having any +concern in the coinage of base silver: neither are they extensive +dealers in any other base money than copper. + +The Jews, however, deal largely in foreign coin, counterfeited in this +country; having been the chief means by which _Louis d'Ors_, _Half +Johannas_, as well as various silver coins, (particularly _Dollars_) +made of base metal, have been sent out of this country. It is through +the same channel that the Sequins of Turkey have been exported; and +also the Pagodas of India.[49] + +[Footnote 49: See ante, p. 17, 18.] + +In contemplating and in developing the causes of the vast accumulation +and increase of base money, which has thus deluged the country of late +years, the evil will be found to have proceeded chiefly from the want +of _a new coinage:--of laws, applicable to the new tricks and devices +practised by the coiners:--of proper checks upon fraudulent +Circulation:--of rewards for the detection and apprehension of +Offenders;--and of a sufficient fund to ensure the prompt execution of +the law; by a vigorous and energetic Police_, directed not only to the +execution of apposite laws in the detection and punishment of +offenders, but also to the means of prevention. + +The vigour and energy requisite to put good and apposite laws in +execution for the suppression of crimes of every kind, but +particularly that of the coinage and circulation of base money, depend +much on the zeal and activity of the Magistrate: and on the affording +an adequate pecuniary resource, to enable him to reward men who may +undertake to risk their persons in the company of desperate and daring +offenders, in order to obtain that species of evidence which will +produce a conviction. Without such pecuniary resource, the law, as +well as the exertions of the Magistrate, becomes a dead letter: and +his efforts for the purpose of promoting the ends of public justice, +are crippled and lost to the Community. + +In suppressing great evils, strong and adequate powers must be +applied, and nothing can give force and activity to these powers, but +the ability to reward liberally all persons engaged in the public +service, either as police officers, or as temporary agents for the +purpose of detecting atrocious offenders. The following ideas are +therefore suggested with a view to the important subject at present +under discussion. + +The Coinage Laws (except those relating to copper money) which +contain the most important regulations in the way of prevention, +having been made a century ago, it is not to be wondered at, in +consequence of the regular progress of the evil, and the new +contrivances and artifices resorted to, in that period, that many +obvious amendments have become necessary. A consolidation of the whole +laws from the 25th of Edward the Third, to the 14th of his present +Majesty, would, perhaps, be the most desirable object; as it would +afford a better opportunity of correcting every deficiency, and of +rendering this branch of the criminal code, _concise_, _clear_, +_explicit_,--applicable to the existing evils, and to the means of +prevention. + +For the purpose, however, of more fully elucidating this proposition, +it will be necessary to state the existing laws, and what are +considered as the most apparent deficiencies therein. + +We will begin by giving a short _Summary_ of the existing Laws. + + 25 Edw. III. _stat._ These acts make counterfeiting the + 5, _cap._ 2. gold and silver coin of the + 1 Mary, _stat._ 2, _c._ realm--counterfeiting foreign money, + 6. current within the realm--knowingly + 1 & 2 Ph. & Mary, bringing false money into the realm + _cap._ 11. counterfeit to the money of England; + 5 Eliz. _cap._ 11. or bringing in _any_ false and + 14 Eliz. _cap._ 3. counterfeit money, current within + 18 Eliz. _cap._ 1. the realm; in order to utter the + same here;--diminishing or + lightening any current (gold or + silver) coin--_High + Treason_.--Counterfeiting foreign + money, not current in the + kingdom--_Misprision of Treason_. + + 8 & 9 Will. III. These Acts contain a detail of + _cap._ 26 (_made the principal offences and punishments, + perpetual by_ 7 upon which prosecutions + Anne, _c._ 25)--9 are founded at present. + & 10 Will. III. + _c._ 21. + + 7th of Queen Anne, Allows 400_l._ a year for prosecuting + _cap._ 24. offenders; increased by 15 + Geo. II. _c._ 28. Sec. 10, to 600_l._ + + 15th of George II. Amends some of the above laws, and + _cap._ 28. establishes new regulations relative + to the Copper Coinage. + + 11th George III. Makes further regulations respecting + _cap._ 40. the Copper Coinage; which, however, + have not been at all effectual. + +Since the last edition of this work the following additions have been +made to the Statute Law on this subject. + +By 37 Geo. III. _c._ 126, so much of 15 Geo. II. _c._ 28, as relates +to _halfpence and farthings_, and the statute 11 Geo. III. _c._ 40, +and all other acts relating to the copper money of this realm, are +extended to all such copper money as shall be coined and issued, by +the King's Proclamation.--This was for the purpose of protecting the +Coinage of _penny_ and _twopenny_ pieces made for Government by Mr. +Boulton, of Birmingham; and which it is believed have not yet been +counterfeited, at least to any great extent. + +By the same statute, 37 Geo. III. _c._ 126, persons counterfeiting any +_foreign gold or silver coin_, tho' not current in this realm, are +made guilty of felony, punishable by seven years' transportation; as +are also persons bringing the same into the realm, with intent to +utter it.--A penalty is imposed on persons tendering _such_ +counterfeit coin in payment, _or exchange_; for the first offence, six +months' imprisonment: for the second, two years; and on the third, +they are declared guilty of felony without Clergy.--Persons having +more than _five_ pieces of such counterfeit coin in their possession, +shall forfeit the same, and also a penalty of not more than L.5, nor +less than 40_s._ for each piece; or suffer three months' +imprisonment.--Justices are impowered to grant warrants for searching +suspected places, _for such counterfeit foreign coin_; which with the +tools and materials may be seized and carried before a Justice, who +shall secure the same as evidence: to be afterwards destroyed. + +By statute 38 Geo. III. _c._ 59, the act 14 Geo. III. _c._ 42, +prohibiting the importation of light silver coin of this realm, was +revived and continued till June 1, 1799.--And by statute 39 Geo. III. +_c._ 75, it was made perpetual. + +By statute 38 Geo. III. _c._ 67, _Copper Coin_ not being the legal +Copper Coin of this realm, and _all counterfeit gold or silver coin +whatever_, exported, or shipped for exportation, to Martinique or any +of the British Colonies in the West Indies or America, is declared to +be forfeited, and may be seized as under the laws respecting the +Customs.--And a penalty is imposed on persons exporting it, of L.200 +and double the value of the coin. + +We next proceed to state the deficiencies which still remain +unremedied. + + 1. The punishment inflicted on the different offences + specified in the Coinage Laws, do not seem to be adequate to + the degree of enormity, in some instances; while in others, + from being too severe, the law is not always put in + execution. The sale of base Money (for instance) under the + value it imports, is only punishable by a year's + imprisonment; although in point of fact, it is well known, + that the Sellers are the _Employers of the Coiners_; that + with them this high offence originates, and but for them it + would not have been committed: while the actual Coiners, who + work for these Dealers merely as Journeymen, subject + themselves to the punishment of Death. + + 2. Prosecutions under the stat. 8 & 9 W. III. _c._ 26, are + at present limited to commence within three months. This may + often defeat justice, as offences committed in the country + frequently cannot be tried in less than four, five, and in + some cases nearly six months. [-->] _The limitation to + twelve months would remove the difficulty._ [There is no + such limitation in the statutes of 37 & 38 of Geo. III. just + alluded to.] + + 3. The words _Milled Money_ seemed necessary, in the minds + of the makers of the act of 8 & 9 William III. _cap._ 26, to + form the description of coin similar to the current Coin of + the Realm; and that Act declares it to be felony to take, + receive, pay, or put off _counterfeit milled Money_.--A + considerable portion of counterfeit Coin is _cast_, and _not + milled_. [-->] _The words_ counterfeit Money, Milled _or_ + not Milled, _would remove the ambiguity._ + + 4. It does not appear that any provision is clearly made, or + punishment inflicted, for the offence of _uttering base + silver Money in exchange_, as well as in payment: except + under _stat._ 8 and 9 Will. III. _cap._ 26, where the + expression of _counterfeited milled money_ is used, the + ambiguity of which has already been noticed. The words in + the _stat._ 15 Geo. II. _c._ 28. are, "any person who shall + utter or tender in payment," and it seems that the word + _utter_ cannot be detached from the subsequent words, "in + payment." [The partial remedy applied in this particular in + the instance of counterfeit _foreign gold and silver coin_, + under 37 Geo. III. _c._ 126, should be extended to _all_ + cases of counterfeit money.] + + 5. The laws peculiarly relating to the _Copper Coinage_, + although more modern, have also been found to be extremely + defective, and totally inadequate to their object. The Act + of the 11th of his present Majesty, _cap._ 40, indeed, + makes it felony to sell Copper Money of the similitude _of + the current Money of the Realm_ at a less value than the + denomination doth import; but the benefit of Clergy not + being taken away, and no specific punishment being + mentioned, the offenders are generally subjected only to a + year's inprisonment, which proves no check whatever, as + their families carry on business in the mean time; and if + they sell _plain or evasive Halfpence_, or what are called + _Irish Harps_, or mix them with _stamped Half-pence_, + similar to the current Coin of the Realm, so that the + stamped Coin does not exceed the value of what the + denomination imports, it is doubtful whether the prosecution + will not fail. + +[-->] It is submitted, that a statute ought to be framed, declaring it +_Felony_, punishable by seven years' transportation: 1st. For any +person to make or manufacture any piece of Copper or other metal, with +or without any device whatsoever, with an intent that it shall pass as +the _Copper Monies of the Kingdoms of Great Britain or Ireland_. 2nd. +For any smith, engraver, founder, &c. or any person, except those +employed in the Mint, or authorized by the Treasury, to make or mend, +buy or sell, conceal or have in their possession, without a lawful +excuse, any puncheon, stamp, die, mould, &c. on which shall be +impressed, or with intent that there shall be impressed on the same, +any resemblance whatever, in part or in the whole, of such _Copper +Monies_. 3d. For any person to buy or sell, or offer to buy or sell, +or to utter or tender in payment, or to give or offer to give in +exchange, _thirty or more pieces of Copper_ in any one day; such piece +resembling or being intended to resemble, or passing or being intended +to pass as the current Copper Money of the said kingdoms. + +That such proposed statute should also make it a misdemeanor +(punishable by a fine of 40_s._ for the first offence, L5. for the +second, and L10. for every subsequent offence) for any person to buy, +sell, utter, &c. any number _less than thirty_ of such pieces of +Copper, resembling or intended to resemble or pass, &c. as such +current Copper Money. The fines to be recoverable in a summary way +before one magistrate. This would reach Turnpike-men and others, who +wilfully pass bad Halfpence at one gate which are refused at another: +and would generally check the circulation of base Copper Money, which +has become an evil of great magnitude. + + 6. The laws, as they now stand, are silent regarding + Provincial Copper Coin, or what are called _Tokens_, + representing an Halfpenny. It might perhaps be useful to + legalize _Tokens_ or _Provincial Coins_ on three conditions. + [-->] _1. That the Copper of which they are made shall be + pure.--2. That this Coin shall be at least 10 per cent. + heavier than Mr. Boulton's new Coinage.--3. That the parties + circulating such Coin be responsible to the holders, for the + value in Gold or Silver, when demanded: and shall stamp + their names and an obligation to that purpose on the Coins, + Tokens, or Medals so issued by them._--It would be necessary + under such circumstances that every person, issuing Tokens + or Medals, should take out a Licence for that purpose from + the principal Officers of the Mint, as an authority for such + Coinage: giving security at the same time to observe the + above Conditions. + +It may, however, be worthy consideration, whether these tokens should +not be wholly suppressed, and the offence of fabricating any Copper +pieces passing, or intended to pass "_as, for, or in lieu of_" the +lawful Copper Coin, be made felony: and that such tokens should in all +respects be considered as actual Counterfeit Coin, and treated +accordingly: or, at all events, that persons issuing and circulating +such tokens should be liable to a severe penalty; and bound to pay the +holder, on demand, the full denominated value. + + 7. The mischievous agents of the Dealers in base Money, _the + persons who keep Flatting-mills, and other machinery, for + preparing, and rolling their metals, for being coined into + base Money_, are not at present within the reach of + punishment by any existing law. Although by preparing the + metal for the subsequent process of stamping, they are in + fact parties concerned, without whose aid the Coinage of + what are called _Flats_, or milled money, could not be + carried on.--The chief difficulty is in punishing persons + for producing an article which may be turned into coach and + harness ornaments, buttons, and many purposes as well as + base Money. + +[-->] With respect to this whole tribe of dangerous manufacturers, +whose trade and abilities are so liable to be perverted to iniquitous +purposes, it has been under consideration to regulate them, by +legislative measures, to the following effect: viz. "That no person, +except those employed in the mints, shall erect, set up, or use, or +knowingly have in possession any _cutting engine for cutting round +blanks by the force of a screw out of fatted bars or sheets of Copper, +or other metal_; or any _stamping press, fly, rolling mill, flatting +mill, or other instrument for stamping, flatting, or marking metals_, +or _which, with the assistance of any matrix, Stamp, or dye, will +stamp or mark Copper or other metals, or prepare the same for stamping +or marking_, without first giving notice thereof in writing to persons +authorized to keep an entry and registry thereof, containing the +Christian and Surnames of the owners of such instruments, and +describing the use thereof, and the house or other place in which the +same is intended to be erected, set up, used or kept; and to give the +like notice on any removal, under a certain penalty, recoverable as in +the case of Hair Powder, and other revenue laws."--It is believed, on +the best authority, that the Licence here proposed (especially as it +would subject the parties to no pecuniary burden) would meet the +approbation of the principal manufacturers, on account of the +facilities which it would afford in detecting and in embarrassing +those who set up machinery for unlawful purposes. + + 8. No provision is made in any Act against, and consequently + no punishment is inflicted on, the offence of _buying base + money to recolour it_--[-->] This is a modern device, and + may be remedied, as it seems, by enacting--"That every + person who shall buy, take or receive any blank or round + piece of blanched copper, mixed metal, or metal of any sort + whatsoever, for the purpose of colouring the same, or + causing the same to be coloured, or with intent or knowledge + that the same shall or will be coloured, or which shall have + been coloured, so as to pass for the current Gold or Silver + Coins of Great Britain or Ireland, shall be punishable by a + fine of L.20 and one month's imprisonment; and that any + person who shall buy or sell, or offer to buy or sell any + piece of blanched Copper, &c. which may formerly have passed + as or for such current Gold or Silver Coin, shall be + punishable by a fine of 40_s._ recoverable in a summary way; + or by one month's imprisonment."--This last penalty will + reach the Jew Boys, who cry bad shillings, and will prove, + it is hoped, an effectual check by means of a very mild + punishment upon shopkeepers, tradesmen, and others, who + inadvertently sell defaced counterfeit shillings without + reflecting that although they obtain 3_d._ in this traffick + for what is not intrinsically worth one farthing, that the + same counterfeits are again coloured, and received by them + at the full value of 12_d._ + + 9. No existing law gives any power to Magistrates upon + information on oath, to search for, or seize Counterfeit + Coin of this realm in the custody or possession of _known + Dealers_ or _reputed Utterers_; although these Dealers and + Utterers are now the persons (and not the actual Coiners) + who keep the base money: neither is there any power to seize + base money conveying in coaches or waggons going into the + country. Under this shelter the Dealers are enabled to hold + markets for sale in their houses, where they frequently keep + large stocks; and base money is also sent into the country + without the least hazard of detection or seizure. + +[-->] Here again the partial remedy introduced by 37 Geo. III. c. 126, +should be extended and applied. + + 10. No power is directly given by any existing law, (not + even by the modern Act last mentioned) though upon the most + pointed information, to search the houses or workshops of + coiners _in the night time_. Hence it is that _detection_ + becomes so difficult, and the evil increases, because the + law in some measure shields the offenders from discovery. + Since in Lottery offences (which are certainly greatly + inferior in their enormity to Coining) a power is granted to + break open houses in the night-time, surely no reason can be + assigned why treasonable offences, in Coining base Money, + should not in this respect be on the same footing. Unless a + positive power is given to search in the night, and suddenly + to force open doors or windows, it will be impossible to + detect the Makers of Cast Money. + + 11. The act 11 Geo. III. cap. 40. gives a power to + Magistrates to issue their warrants to search for tools and + implements used in the _Copper Coinage_, (with regard to + Silver or Gold Coinage of this realm no such power is + given); but, what is very singular, _no punishment whatever + can be inflicted by any existing law_ on the owner or + proprietor of such tools for making Copper Money, nor upon + the person in whose house they are found; and if when such + search is made, there should be found only _plain_ + Halfpence, or _Irish Harps_, or _evasive Halfpence_ or + _Farthings, varying in the Stamp_ in any degree from the + current Coin of the Realm, so as not to be of the exact + similitude, (a practice which has now for some time very + much prevailed) the act in question is defeated; inasmuch as + the crime of felony does not attach to offences short of + Coining _Copper Money of the similitude of the current Coin + of the Realm_. The Coinage of base Copper therefore goes on + with impunity; because it is owing to the carelessness of + the parties themselves if ever they permit the law to reach + them. + + 12. The laws now in being give no power to seize Counterfeit + Halfpence; either in the hands of the Dealers, who keep a + kind of open market at their own houses every morning to + supply Jew Boys, who cry bad Shillings, or in those of many + others in various trades, who become the channels of + circulation to a vast extent without risk or inconvenience. + Neither does the statute law authorize the apprehension of + Jew Boys, who go out every morning loaded with counterfeit + Copper, which they exchange for bad shillings. + +[-->] To remedy this part of the evil, it is proposed, "That on +complaint made to any one Justice of Peace upon oath, that there is +just cause to suspect that any person is concerned in making or using, +or has in their custody any unlawful puncheon, stamp, die, mould, &c. +made for the purpose, or which may be applied to the purpose, of +counterfeiting the Gold, Silver, or Copper Coin of the Kingdoms of +Great Britain or Ireland; or of making or manufacturing any pieces of +metal intended to pass as such coin, or any cutting engine for cutting +round blanks by means of force applied to a screw, or flatted bars of +metal, &c. or any wash or material which will produce the colour of +Gold or silver, or copper, or any round blank of base metal or mixed +metal, or of brass copper, or lead, so as to resemble such coin; or +who hath been concerned in buying, selling, taking in exchange, +receiving, or putting off any Gold, Silver, or Copper Money, not +melted or cut, at a lower rate or value than the same doth import, +such Justice may, by a warrant under his hand, cause the house, +out-house, and other places occupied by such suspected person to be +searched, _either by night or by day_; and if any of the articles +hereinbefore mentioned, or any counterfeit or pretended coin, blanks, +or round pieces of metal be found, the parties to be seized, and, with +the said articles, brought before a Justice, and such articles may be +afterwards used in evidence, and then broken, defaced, and disposed of +as the Court or Justices shall direct. + +"That any Constable, Headborough, or Beadle, and every Watchman, while +on duty, may apprehend and detain all and every person or persons who +may be reasonably suspected of having and carrying, or any ways +conveying for the purpose of selling or trafficking in the same, any +counterfeited or forged Gold, Silver, or Copper Money, whether the +same shall resemble or be intended to resemble, or shall pass or be +intended to pass as and for the coin of the said kingdoms, or of any +foreign Country or State; or having in their possession, without +lawful excuse, any round blanks of base metal or mixed metal, &c. or +any pieces of Gold, Silver, Brass, Copper, or Lead, of a fit size and +figure to be coined, coloured, or converted into Counterfeit Money; +with power also to seize and detain the said Counterfeit Money, +blanks, &c. and convey the same, with the person or persons +apprehended, before one or more Justices; and if the party shall not +give a satisfactory account how the same came into their possession, +or shall not produce the party from whom it was received, he shall be +deemed guilty of a misdemeanor, punishable by fine and imprisonment +in a summary manner." + + 13. The statute 37 Geo. III. cap. 126. (see p. 194) has + restrained the evil pointed out in former editions of this + Treatise, respecting the counterfeiting of Foreign Gold and + Silver Coin. It is to be wished, however, that the penalties + imposed on the _exportation_ of such counterfeit Coin by 38 + Geo. III. cap. 67, could be further extended and enforced. + + 14. It must here be repeated, that the great cause of the + defect in the execution of the Laws against Coiners, is the + want of a proper fund for Prosecutions and Rewards, and + other expences for detecting Offenders.--The acts 7 Anne, + cap. 24, and 15 Geo. II. cap. 28, allow only L.600 for the + expence of prosecutions, which has never been increased for + above half a century; although the offences, as well as the + expence of detection and prosecutions, have increased, at + least, six fold. + + 15. The reward of L.40, given under the Acts 6 and 7 William + III. cap. 17; 15 Geo. II. cap. 28, is construed to be + limited only to the Conviction of actual Coiners and + Clippers of Gold and Silver; and is not allowed to extend to + colouring and finishing, as well as a number of other + offences connected with _making_, _counterfeiting_, and + _uttering base_ Money:--the reward for Copper Coin is by the + said Act of 15 Geo. II. cap. 28, limited to L.10, and is by + no means a sufficient encouragement to Officers to do their + duty. _It would be a great improvement if a liberal sum were + allowed by Parliament for detections, prosecutions, and + rewards; to be paid on the report of the Judges who try the + offenders, according to the merit and trouble of the + apprehenders, prosecutors, and witnesses; whether there is a + conviction or not._ + +The following rewards have been suggested as proper to make part of a +Bill now in a state of preparation, for the general Regulation of the +Coinage: and which is meant to include all the remedies before hinted +at and pointed out: a Legislative measure which must do honour to the +Minister who will carry it into execution. + + To persons contributing to the conviction + of _Coiners of British or Foreign Coin, or + persons plating with Gold or Silver_, or + _persons colouring with wash_ or _materials + to produce the colour of Gold or Silver_, any + blanks or flats of metal, base or mixed, L. _s._ _d._ + to resemble the said current Coin 40 0 0 + + Convicting, &c. persons guilty of counterfeiting + Copper money of these Kingdoms + or of Foreign States, or colouring such + Copper money to resemble the same 20 0 0 + + Convicting, &c. persons guilty of uttering + counterfeit Gold and Silver Coin, and + selling it at a lower rate than it imports 10 0 0 + + Convicting, &c. persons guilty of buying + or selling Counterfeit Copper money of + Foreign States at a lower rate than it + imports 10 0 0 + +To be paid without deduction or fee, within one month after such +conviction, on tendering a certificate to the Sheriff. + +It is also proposed that the Treasury shall have power to issue out of +the Duties of Customs a sufficient sum of money for prosecuting +offenders against the Mint laws. + +Whatever might be the effect of these amendments in the Mint laws, and +necessary as they appear to be, it is still to be feared that until a +new coinage of Silver money and Copper halfpence and farthings shall +take place, no legislative restrictions, regulations, or punishments, +can produce an effectual cure to this enormous evil; although, from +the many deficiencies which have been detailed, it is evident a great +deal of good may be done immediately in this way. + +A coinage of Silver money is a great State question, which may require +a fuller consideration; but no doubt can be entertained of the +indispensable necessity of such a measure, as soon as circumstances +will admit. + +If to a new coinage of _shillings_ and _sixpences_, should be added an +extensive coinage of silver money of the value of _four pence_ and +_three pence_, according to ancient usage, it would prove a great +convenience to the public, and remedy much of the inconvenience which +arises from the ponderous nature of Copper money; while a smaller +quantity would be required for circulation. + +No doubt can be entertained of the nation deriving considerable +advantages from having increased the weight of copper coin, so as to +bring it as near as possible to the _intrinsic_ value of the metal of +which it is composed. + +This arrangement will, it is hoped, ultimately prove the means of +effectually preventing counterfeits; and the copper, being a native +article produced in the country, may in time, through the medium of +_coined money_, become a profitable branch of commerce with foreign +nations; where even an extensive circulation may be insured, in +consequence of the _intrinsic_ and _denominative_ value being the +same, or nearly so. + +This is exemplified in the policy of Sweden, where the copper dollar +being so heavy as to answer to sixpence sterling, has long been +exported; and forms a considerable, and even a profitable branch of +commerce to that nation. + +In Russia the _Three Copee Piece_ is very nearly of the weight of six +English halfpence, yet its current value is only a small fraction +above one penny sterling;--and thus by issuing no copper coin where +the _denominative_ is not in proportion to the _intrinsic_ value, +every class of dealers who vend the necessaries of life are shielded +against loss; and every unnatural rise in the price of provisions for +the subsistence of the poor is of course prevented. + +This principle seems to have been admitted by the Legislature; for +when the subject of Copper Money was under the consideration of the +House of Commons, at a period not very remote, the Journals shew that +an opinion then prevailed, "_that the most effectual means to secure +the Copper Coin from being counterfeited, was, that the denominative +value of such Coin should bear as near a proportion as possible to the +intrinsic_ value of the metal of which it was formed."[50] + +[Footnote 50: Journal, House of Commons, Vol. xviii. p. 178.] + +In fine, it is a question worthy of attention, whether in order to +prevent clamour, and to shut out at once all pretence for circulating +any of the old Copper money, _good or bad_, after the period when Mr. +Boulton shall be able to furnish a sufficient quantity of halfpence +and farthings for circulation, it might not be proper to consider how +far it would be practicable as a measure of State policy, to introduce +a clause into the proposed Bill, empowering the Treasury, within a +given time, to receive all the old Copper Coin, good and bad, at a +certain price per ton, allowing a _bonus_ to the honest holders of it +of 20 per cent. above the current price of Copper.--This would at once +clear the country of counterfeit halfpence and farthings, and would +reconcile the holders to the loss; while the pecuniary sacrifice to +Government would be more than compensated an hundred-fold by a +compleat and instant renovation of this species of coinage.--As the +chief part of the bad halfpence are good copper, they could be +recoined, or sold, as might appear most beneficial. + +It is earnestly to be hoped that the further regulations proposed will +be adopted; and followed up, by an extensive coinage of Silver money, +so as to shield the honest part of the Community against a system of +fraud, rapid beyond all example in its growth, and unparalleled as to +its extent.[51] + +[Footnote 51: It was suggested in a former edition of this work, that +a coinage of _seven shilling_ pieces of _gold_ would be of great +utility.--The expedient was adopted by Government at the end of the +year 1797.] + +Certain it is, that base money contributes more to the support as well +as to the _increase_ of the number of those mischievous and abandoned +members of the community, who exist _wholly_ by different kinds of +fraud, than any other device which they pursue to enable them to live +in their present state of idleness and debauchery, and to indulge in +luxury and extravagance. + +The increase is certainly astonishing, since it is known that in +London and the Country, there were some time since fifty-four actual +Coiners, and fifty-six large Dealers, besides, at least, ten Die +sinkers, whose _names_, _characters_, and pursuits, were perfectly +known; but these bear no proportion to the horde of smaller dealers +and utterers of base money in the Metropolis, and in most of the +commercial and manufacturing towns in the kingdom. Their numbers must +amount to several thousands. From being at present nuisances to +society, in the constant habit of defrauding the Public, they might be +rendered (through the application of the remedies proposed) useful +members of the State; by changing a life of idleness and crimes, for a +course of useful labour and industry. + + + + +CHAP. VIII. + + _The magnitude of the Plunder of Merchandize and Naval + Stores on the River Thames.--The wonderful extent and value + of the Floating Property, laden and unladen in the Port of + London in the course of a year.--Reasons assigned for the + rise and progress of the excessive Pillage which had so long + afflicted the Trade of the River Thames.--The modes pursued + in committing Depredations as the result of a regular + System, which had been established through the medium of + various classes of Criminal Delinquents, denominated--River + Pirates--Night Plunderers--Light Horsemen--Heavy + Horsemen--Game Watermen--Game Lightermen--Mudlarks--Game + Officers of the Revenue--And Copemen, or Receivers of Stolen + Property.--The devices practised by each Class in carrying + on their criminal designs.--General Observations on the + extent of the Plunder and number of Individuals implicated + in this Species of Criminality.--The effects of the Marine + Police in checking these Depredations.--The advantages which + have resulted to Trade and Revenue from the partial + experiment which has been made.--The further benefits to be + expected when, by apposite Legislative Regulations, the + System of Protection is extended to the whole Trade of the + River.--General Reflections arising from the Subject._ + + +The immense depredations committed on every species of Commercial +Property in the River Thames, but particularly on West India produce, +had long been felt as a grievance of the greatest magnitude; +exceedingly hurtful to the Commerce and Revenue of the port of London, +and deeply affecting the interest of the Colonial Planters, as well as +every description of Merchants and Ship-Owners concerned in the Trade +of the River Thames. + +The subject of this Chapter will therefore be chiefly confined to a +detail of the causes, which produced these extraordinary and extensive +depredations, and the various means by which they were perpetrated; +and also to the remedies which have been successfully applied since +the publication of the preceding editions of this Work, for the +purpose of reducing within bounds, and keeping in check, this enormous +and growing evil; for certain it is, that previous to the +establishment of the Marine Police System, in the Month of July 1798, +the increase had been regular and progressive, while the easy manner +in which this species of property was obtained, generated an accession +of plunderers every year. + +To those whose habits of life afford no opportunities of attending to +subjects of this nature, the details which are now to be given will +appear no less novel than extraordinary; and with respect to the +extent of the mischief in some instances perhaps incredible. The +West India Planters alone have estimated their losses by depredations +upon the River and in the Warehouses at the enormous sum of L.250,000 +a year. It cannot be unreasonable then to suppose, that the extent of +the plunder on the other branches of Commerce, which form nearly 5-6th +parts of the whole value of Imports and Exports, could not be less +than L.250,000 more, making an aggregate upon the whole of Half a +Million sterling![52] + +[Footnote 52: For a specific Estimate of the plunder on all branches +of trade carried on to and from the port of London, see "A Treatise on +the Commerce and Police of the River Thames: with a summary View of +the Laws of Shipping and Navigation:" (now in the press) by the Author +of this Work.] + +Surprising as this may appear at first view, yet when, by a cool +investigation of the subject, it comes to be measured by the scale of +the astonishing Commerce which centers in the port of London, +(according to the annexed Abstract) and the vast extent of Floating +Property moving constantly upon the River Thames, and the adjacent +Wharfs and Quays subject to depredations; when by calculation it is +also found, that the whole amount of the aggregate plunder, great and +extensive as it appears to be, does not much exceed _three quarters +per cent._ on the value of the whole property exposed to danger: the +Reader will be reconciled to an estimate, which from the elucidations +contained in this chapter, will ultimately appear by no means to be +exaggerated. + + +ABSTRACT + +OF THE _IMPORTS_ INTO, AND THE _EXPORTS_ FROM, THE _PORT OF LONDON_; + +_Made up from the Public Accounts for one year, ending the 5th day of +January, 1798; but differing with regard to the value, from those +accounts; in which the price is estimated on data established many +years ago, when the articles of commerce imported and exported were +not rated at above half the sum they now fetch,_ exclusive _of duty._ + +_It is, therefore, to be understood that the following Estimate of +Foreign Articles is made up according to the_ present value, _as +nearly as it has been possible to ascertain it, by the payment of the +Convoy-duties, under the Act 38 Geo. 3. cap. 76--It exhibits a very +astonishing picture of the immense opulence and extent of the commerce +of the Metropolis; and accounts in a very satisfactory manner for the +vast resources of the Country, which have been manifested in so +eminent a degree in the course of the present and former wars._ + + From whence Number of Average Value of Goods Value of Goods Total Value of + arrived. vessels Tonnage. Imported. Exported. Goods imported + including and exported. + repeated + voyages. + L. s. d. L. s. d. L. s. d. + + East Indies 53 41,456 6,544,402 10 2 3,957,905 5 1 10,502,307 15 3 + West Indies 346 101,484 7,118,623 12 8 3,895,313 18 7 11,013,937 11 3 + British + Continental + Colonies 68 13,986 290,894 4 10 1,347,250 1 7 1,638,144 6 5 + Africa and + Cape of + Good Hope 17 4,336 82,370 15 0 449,077 19 3 531,446 15 1 + Southern + Fishery 29 7,461 250,689 3 2 54 16 4 250,743 19 6 + Greenland + Fishery 16 4,769 64,142 0 8 0 0 0 64,142 0 8 + United States + of America 140 32,213 1,517,386 2 8 3,898,864 12 9 5,416,250 15 5 + Mediterranean + and Turkey 72 14,757 390,794 19 10 118,914 3 7 509,709 3 5 + Spain 121 16,509 776,686 12 2 171,073 4 6 947,759 17 8 + Portugal 180 27,670 414,359 7 2 438,877 16 2 853,237 3 4 + France 56 5,573 15,951 17 8 859,974 16 0 875,926 13 8 + Austrian + Flanders 66 5,104 21,027 3 2 118,064 2 2 139,091 5 4 + Holland 329 19,166 673,241 17 4 1,538,120 3 6 2,211,362 0 10 + Germany 235 37,647 2,658,011 8 2 8,014,260 3 0 10,672,271 11 2 + Prussia 608 56,955 220,827 14 0 211,662 12 0 432,490 6 0 + Poland 69 17,210 207,477 0 0 35,468 18 3 242,945 18 3 + Sweden 109 14,252 152,707 6 10 169,293 18 4 322,001 5 2 + Denmark and + Norway 202 48,469 94,821 3 6 711,082 10 8 805,903 14 2 + Russia 230 56,131 1,565,118 7 6 452,106 16 7 2,017,225 4 1 + + Foreign + Coasting + (Including + repeated + voyages.) + Guernsey, + Jersey and + Alderney 46 5,344 218,916 12 8 83,281 12 1 302,198 4 9 + Ireland 276 32,824 1,878,971 7 2 659,922 14 1 2,538,894 1 3 + + British + Coasting[53] + (Including + repeated + voyages.) + Coal Trade 3676 650,000 1,700,000 0 0 10,000 0 0 1,710,000 0 0 + English + Coasting + incl. Wales 5816 500,000 3,900,000 0 0 2,200,000 0 0 6,100,000 0 0 + Scotch + Coasting 684 60,000 300,000 0 0 300,000 0 0 500,000 0 0 + ------------------------------------------------------------------- + 13,444 1,779,326 30,957,421 8 2 29,640,568 4 6 60,597,989 12 8 + +[Footnote 53: No rule being established, whereby the British Coasting +trade can be valued, the Estimate here given is grounded on the +supposition, that the value of each cargo must amount to a certain +moderate sum.--The aggregate of the whole is believed to exceed the +estimate considerably.] + + +RECAPITULATION. + + Ships and Tonnage. + Vessels. + Foreign and Coasting Trade as + stated in the foregoing Table 13,268 1,773,326 + + Value of Merchandize imported L.30,957,421 8 2 + Value of Merchandize exported 29,640,568 4 6 + ------------------ + Total imported and exported 60,597,989 12 8 + + To which add the Local Trade within + the limits of the Port, in the Upper + and Lower Thames, and the River Lea 235,000 0 0 + + _With a view to give the mind of + the Reader a competent idea of the + whole of the property upon the River + Thames, which is exposed to hazard, + the following estimate is added_, + viz.-- + + 1. Value of the Hull, Tackle, Apparel + and Stores of 2144 British, and Coasting + vessels, trading to the port of + London, without including, as above, + the repeated voyages 8,825,000 0 0 + + 2. Value of the Hull, Tackle, and Stores + of 3507 Lighters, Barges, Punts, Hoys, + Sloops, &c. employed in the Trade of + the Thames, River Lea, &c. 350,000 0 0 + + 3. Value of 3349 Wherries, Bumboats, + and Police Boats employed on the + River, &c. 25,000 0 0 + ---------------- + 70,032,989 12 8 + + 4. Value of Goods, including Coals, + exposed in Craft and upon the Quays, + to the risque of pillage on an average + each day in the year; (Exclusive of the + Public Arsenals, Ships of War, Gunboats, + Transports, and Hoys, for conveying + Navy, Victualing, and Ordnance Stores, + nearly equal to five Millions more) 235,000 0 0 + ---------------- + General Total 70,267,989 12 8 + ---------------- + +Let the mind only contemplate this proud view of the Commerce of a +Single River, unparalleled in point of extent and magnitude in the +whole world; where 13,444 ships and vessels discharge and receive in +the course of a year above three _Millions of Packages_, many of which +contain very valuable articles of merchandize, greatly exposed to +depredations, not only from the criminal habits of many of the aquatic +labourers and others who are employed, but from the temptations to +plunder, arising from the confusion unavoidable in a crowded port, and +the facilities afforded in the disposal of stolen property.--It will +then be easily conceived, that the plunder must have been excessive, +especially where from its analogy to smuggling, at least in the +conceptions of those who were implicated; and from its gradual +increase, the culprits seldom were restrained by a sense of the moral +turpitude of the offence; and where for want of a _Marine Police_ +applicable to the object, no means existed whereby offenders could be +detected on the River.[54] + +[Footnote 54: While every thing connected with the present state of +Europe, and the whole Commercial world, appears favourable for the +accomplishment of the aggrandisement of the port of London, by the +establishment of Docks (already in part adopted by the Legislature) +and by a general Warehousing System, there is no opinion more +erroneous and delusive than that which supposes that arrangements of +this kind will supersede the necessity of a Police for the protection +of the trade, and for the preservation of the public peace within +these extensive repositories. + +In what manner are from two to three thousand labourers, who must be +frequently employed at the same time within these Docks, (and those +too of a class that have been accustomed to plunder, and are not +restrained by any sense of the turpitude of the action) to be +over-awed and controlled, if no Police shall be conceived necessary? + +The risk would be immense to commercial property; and pillage, in +spite of the gates, and every precaution which could be taken, would +probably be as extensive as it has been from the Warehouses, or from +his Majesty's Dock Yards, where the want of an appropriate Police has +been the cause of many abuses. + +Police as recently exemplified, is quite a new science in political +oeconomy, not yet perfectly understood; it operates as a restraint +of the most powerful kind upon all delinquents who would be restrained +by nothing else. To the system of vigilance which pervades the +criminal actions of labourers upon the River, joined to the imminent +danger of detection, is to be attributed the general success of the +Marine Police, in preventing depredations. + +Wherever a proper Police attaches, good order and security will +prevail; where it does not, confusion, irregularity, outrages, and +crimes must be expected; wherever great bodies of aquatic labourers +are collected together, risk of danger from turbulent behaviour, will +be greater in proportion to the number of depraved characters, who, +from being collected in one spot, may hatch mischief, and carry it +into effect much easier in Docks than on the River. A Police only can +counteract this; and to the same preventive system will the commerce +of the Port be indebted for securing both the Docks and the Pool +against Conflagration. In fine, under every circumstance where +Property is exposed, a preventive Police must be resorted to, in order +to be secure.] + +The fact is, that the system of River depredations grew, and ramified +as the Commerce of the Port of London advanced, until at length it +assumed the different forms, and was conducted by the various classes +of delinquents, whose nefarious practices are now to be explained +under their respective heads. + +1st. _River Pirates._--This class was generally composed of the most +desperate and depraved characters, who followed aquatic pursuits. +Their attention was principally directed to ships, vessels, and craft +in the night, which appeared to be unprotected; and well authenticated +instances of their audacity are recounted, which strongly prove the +necessity of a vigorous and energetic Police. Among many other +nefarious exploits performed by these miscreants, the following may +suffice to shew to what extent their daring and impudent conduct +carried them. + +An American vessel lying at East-lane Tier, was boarded in the night, +while the Captain and crew were asleep, by a gang of River Pirates, +who actually weighed the ship's anchor, and hoisted it into their boat +with a complete new cable, with which they got clear off.--The Captain +hearing a noise, came upon deck at the moment the villains had secured +their booty, with which they actually rowed away in his presence, +impudently telling him, they had taken away his anchor and cable, and +bidding him good morning. Their resources afforded them means of +immediate concealment. No Police then existed upon the River, and his +property was never recovered. + +A similar instance of atrocity occurred about the same time, where the +bower anchor of a vessel from Guernsey was weighed, and, with the +cable, plundered and carried off in the same manner. + +Although only these two instances of extraordinary audacity are +specified, others equally bold and daring could be adduced if the +limits of this Work would admit of it. When vessels first arrive in +the river, particularly those from the West Indies, they are +generally very much lumbered. Ships in this situation were considered +as the harvest of the River Pirates, with whom it was a general +practice to cut away bags of _Cotton_, _Cordage_, _Spars_, _Oars_, and +other articles from the quarter of the vessels, and to get clear off, +even in the day time as well as in the night. Before a Police existed +upon the River all classes of aquatic labourers having been themselves +more or less implicated in the same species of criminality, generally +connived at the delinquency of each other, and hence it followed, that +few or none were detected while afloat and the evil became so +extensive. + +It was frequently the practice of these River Pirates to go armed, and +in sufficient force to resist, and even to act offensively if they met +with opposition.--Their depredations were extensive among craft +wherever valuable goods were to be found; but they diminished in +number after the commencement of the war; and now since the +establishment of the Marine Police they have almost totally +disappeared. + +On the return of peace, however, if a system of watchful energy is not +maintained, these miscreants must be expected (as on former occasions +on the termination of wars) to renew their iniquitous depredations in +great force, as numbers of depraved characters may then be expected to +be discharged from the Army and Navy. + +2d. _Night Plunderers._--These were composed chiefly of the most +depraved class of watermen, who associated together in gangs of four +or five in number, for the purpose of committing depredations on the +cargoes of lighters and other craft employed in conveying goods to the +quays and wharfs. Their practice was to associate themselves with one +or more of the watchmen who were employed to guard these lighters +while cargoes were on board, and by the connivance of these faithless +guardians of the night, to convey away in lug boats every portable +article of merchandize, to which, through this medium, they often had +too easy access. + +These corrupt watchmen did not always permit the lighters under their +own charge to be pillaged.--Their general practice was, to point out +to the leader of the gang those lighters that were without any guard, +and lay near their own, and which, on this account, might be easily +plundered. An hour was fixed on for effecting the object in view. The +Receiver (generally a man of some property) was applied to, to be in +readiness at a certain hour before day-light to warehouse the goods. A +lug boat was seized on for the purpose. The articles were removed into +it out of the lighter, and conveyed to a landing-place nearest the +warehouse of deposit. The watchmen in the streets leading to this +warehouse were bribed to connive at the villainy, often under pretence +that it was a smuggling transaction, and thus the object was effected. + +In this precise manner was a quantity of ashes and hemp conveyed in +1798, to the house of an opulent Receiver. Several other cargoes of +hemp, obtained in the same manner, were conveyed up the river, and +afterwards carted in the day-time to the repositories of the +purchaser, till by the vigilance of the Police Boats, a detection took +place, and the whole scene of mischief was laid open. + +This species of depredation went to a great extent, and when it was +considered that the very men who Were appointed to guard property in +this situation were themselves associates in the criminality, and +participated in the profit arising from the booty; and that matters +were so arranged as to secure the connivance of all those who were +appointed to situations with a view to detect and apprehend +delinquents; it ceases to be a matter of wonder, that the plunder in +this particular line was excessive. + +In many instances where goods could not be plundered through the +connivance of watchmen, it was no uncommon thing to cut lighters +adrift, and to follow them to a situation calculated to elude +discovery where the pillage commenced. In this manner have whole +lighter loads even of coals been discharged at obscure landing places +upon the river, and carted away during the night. + +Even the article of Tallow from Russia, which, from the unwieldiness +of the packages, appears little liable to be an object of plunder, has +not escaped the notice of these offenders: large quantities have been +stolen, and an instance has been stated to the Author, where a lighter +loaded with this article was cut from a ship in the Pool, and found +next morning with six large casks of tallow stolen, and two more +broken open, and the chief part plundered and carried away. In short, +while the river remained unprotected nothing escaped these marauders. + +3d. _Light-Horsemen_, or Nightly Plunderers of West India ships.--This +class of depredators for a long period of time had carried on their +nefarious practices with impunity, and to an extent in point of value, +that almost exceeds credibility; by which the West India planters and +merchants sustained very serious and extensive losses. + +The practice seems to have originated in a connection which was formed +between the Mates of West India ships[55] and the criminal Receivers, +residing near the river, who were accustomed to assail them under the +pretence of purchasing what is called _sweepings_, or in other words, +the spillings or drainings of sugars, which remained in the hold and +between the decks after the cargo was discharged. These sweepings were +claimed as a perquisite by a certain proportion of the Mates, contrary +to the repeated and express rules established by the Committee of +Merchants, who early saw the evils to which such indulgences would +lead, and in vain attempted to prevent it. The connivance, however, of +the Revenue officers became necessary to get these sweepings on +shore, and the quantity of spillings were gradually increased year +after year by fraudulent means, for the purpose of satisfying the +rapacity of all whose assistance and collusion was found necessary to +obtain the object in view. + +[Footnote 55: It is not here meant to criminate all the Mates of ships +in this trade; for a large proportion are known to be men worthy of +the trust reposed in them.] + +The connection thus formed, and the necessary facilities obtained, +from the sale of sweepings, recourse was at length had to the disposal +of as much of the cargo as could be obtained by a licence to nightly +plunderers, composed of Receivers, Coopers, Watermen, and Aquatic +Labourers, who having made a previous agreement with the Mate and +Revenue Officers, were permitted, on paying from thirty to fifty +guineas, to come on board in the night,--to open as many hogsheads of +sugar as were accessible,--and to plunder without controul. For this +purpose, a certain number of bags dyed black, and which went under the +appellation of _Black Strap_, were provided.--The Receivers, Coopers, +Watermen, and Lumpers, went on board at the appointed time, for all +these classes were necessary. The hogsheads of sugar and packages of +coffee, &c. were opened; the black bags were filled with the utmost +expedition and carried to the Receivers, and again returned to be +refilled until daylight, or the approach of it, stopped the pillage +for a few hours. On the succeeding night the depredations were again +renewed; and thus, on many occasions, from fifteen to twenty hogsheads +of sugar and a large quantity of coffee, and also in some instances +rum (which was removed by means of a small pump called a Jigger, and +filled into bladders with nozzels,) were plundered in a single ship, +in addition to the excessive depredations which were committed in the +same ships by the Lumpers or labourers who were employed during the +day in the discharge of the cargo.--Instances have been adduced, and +judicially proved, of various specific ships having been plundered in +an excessive degree in this manner; and it has been estimated upon +credible authority, that previous to the establishment of the Marine +Police, above one-fifth of the whole fleet suffered by nightly +plunder.--The ships subject to this species of depredation were +generally known from the characters of the Mates or Revenue Officers +who were on board, and were denominated _Game Ships_, where the +aquatic labourers, called Lumpers, would on every occasion agree to +work without wages, and even solicit their employers to be preferred +on these terms, trusting to a general licence to plunder for their +remuneration. + +This nefarious traffic had long been reduced to a regular system. The +mode of negociation necessary to obtain all the requisite advantages +for carrying into execution these iniquitous designs, was not only +perfectly understood, but in most cases, where new Officers were to be +practised upon, a plan of seduction was resorted to which seldom +failed to succeed, when one or more of the old practitioners in this +species of criminality happened to be stationed in the ship.--In this +particular line of aquatic depredations, (which certainly was the most +mischievous,) scenes of iniquity have been developed, which, from +their extent and magnitude, could not have been credited had they +stood on any other foundation than that of regular judicial proofs. + +4th.--_Heavy Horsemen_, otherwise denominated Lumpers of the most +criminal class, who generally selected ships where plunder was most +accessible, either from the criminal connivance of the Mates and +Revenue Officers, in permitting nightly plunder, or from the +carelessness or inattention of these Officers. + +This class, many of whom occasionally assisted in the depredations +committed during the night, were exceedingly audacious and depraved. +They generally went on board of West India ships, furnished with +habiliments made on purpose to conceal sugar, coffee, cocoa, pimento, +ginger, and other articles, which they conveyed on shore in great +quantities, by means of an under waistcoat, containing pockets all +round, denominated a _Jemie_; and also by providing long bags, +pouches, and socks, which were tied to their legs and thighs under +their trowsers. + +It is a well-established fact, which does not admit even of the shadow +of a doubt, that these miscreants, during the discharge of what they +called a _Game Ship_, have been accustomed to divide from three to +four guineas a-piece every night from the produce of their plunder, +independent of the hush-money paid to Officers and others, for +conniving at their nefarious practices. + +Long habituated to this species of depredation, they became at length +so audacious, that it was found extremely difficult to controul them +where a disposition existed to protect the cargo from pillage, and +where no seduction had taken place.--And indeed, so adroit had this +class of Lumpers become, that no ship escaped plunder in a certain +degree, wherever they were employed, in spite of the greatest +vigilance and attention on the part of many of the shipmasters. + +5th. _Game Watermen_, so denominated from the circumstance of their +having been known to hang upon West India ships under discharge for +the whole of the day, in readiness to receive and instantly convey on +shore _bags of sugar_, _coffee_ and _other articles_, pillaged by the +Lumpers and others in the progress of the delivery of the cargo, by +which they acquired a considerable booty; as they generally on such +occasions were employed to dispose of the stolen articles, under +pretence of their being a part of the private adventures of the crew, +for which service they usually pocketed one moiety of the price +obtained.--It was by such assistance that Mates, Boatswains, +Carpenters, Seamen, and Ship Boys, have been seduced, and even taught +to become plunderers and thieves, who would otherwise have remained +honest and faithful to the trust reposed in them. Many of the watermen +of this class were accustomed to live in a style of expence by no +means warranted, from the fair earnings of honest industry in the line +of their profession.--An instance has been known of an apprentice lad +in this line having kept both a mistress and a riding horse out of +the profits of his delinquency. + +6th. _Game Lightermen._--This class, which is composed of the working, +or Journeymen Lightermen, who navigate the craft which convey West +India produce and other merchandize from the ships to the quays, are, +with some exceptions, extremely loose in their morals, and are ever +ready to forward depredations by the purchase or concealment of +articles of considerable value, until an opportunity offers of +conveying the property on shore. Many of these Lightermen, previous to +the establishment of the Marine Police, were in the constant habit of +concealing in the lockers of their lighters, _sugar_, _coffee_, +_pimento_, _ginger_, &c. which they received from Mates, and other +persons on board of West India ships.--These lockers are generally +secured by a padlock; they are calculated to hold and conceal +considerable quantities of goods, whether stolen or smuggled, which +were seldom taken out until after the discharge of the lighter, unless +in certain instances where skiffs attended them.--When completely +unladen, the practice has been to remove to the road where empty craft +usually lies a-breast of the Custom-house quay, and then carry away +the stolen or smuggled articles--and it has not seldom happened that +many of these Lightermen have, under pretence of watching their own +lighters while laden at the quays, or in connivance with the Watchmen +selected by themselves, actually plundered the goods under their +charge to a very considerable amount, without detection. + +Nor does it appear that the nefarious practices of these Lightermen +have been confined to West Indian produce alone. Their criminal +designs were directed to almost every species of merchandize placed +under their charge; and the tricks and devices to which they were +accustomed to resort, clearly evinced that their plans for obtaining +pillage had long been systematized, and that they seldom permitted any +opportunity whereby they could profit by making free with property +under their charge to escape their attention. As a proof that this +assertion is well grounded, the following authenticated case, among +others which could be detailed, is stated as an instance of the +extreme rapacity of this class of men.--A Canada merchant, who had +been accustomed to ship quantities of oil annually to the London +market, finding (as indeed almost every merchant experiences) a +constant and uniform deficiency in the quantity landed, greatly +exceeding what could arise from common leakage, which his +correspondents were quite unable to explain; having occasion to visit +London, was resolved to see his cargo landed with his own eyes; so as, +if possible, to develope a mystery heretofore inexplicable, and by +which he had regularly lost a considerable sum for several years. +Determined therefore to look sharp after his property, he was in +attendance at the wharf in anxious expectation of a lighter which had +been laden with his oil on the preceding day; and which, for reasons +that he could not comprehend, did not get up for many hours after the +usual time. + +On her arrival at the wharf, the proprietor was confounded to find the +whole of his casks stowed in the lighter with their bungs downwards. +Being convinced that this was the effect of design, he began now to +discover one of the causes at least, of the great losses he had +sustained; he therefore attended the discharge of the lighter until +the whole of the casks were removed, when he perceived a great +quantity of oil leaked out, and in the hold of the vessel, which the +Lightermen had the effrontery to insist was their perquisite. The +proprietor ordered casks to be brought, and filled no less than nine +of them with the oil that had thus leaked out. He then ordered the +ceiling of the lighter to be pulled up, and found between her timbers +as much as filled five casks more; thus recovering from a single +lighter-load of his property, no less than fourteen casks of oil, +that, but for his attendance, would have been appropriated to the use +of the Lightermen; who, after attempting to rob him of so valuable a +property, complained very bitterly of his ill usage in taking it from +them. + +7th. _Mud-Larks_, so called from their being accustomed to prowl +about, at low water, under the quarters, of West India ships; (or at +least that class which were denominated _Game_, these being mostly the +objects of pillage;) under pretence of grubbing in the mud for _old +ropes_, _iron_, and _coals_, &c. but whose chief object, when in such +situations, was to receive and conceal small bags of sugar, coffee, +pimento, ginger, and other articles, and sometimes bladders containing +rum, which they conveyed to such houses as they were directed, and for +which services they generally received a share of the booty.--These +auxiliaries in this species of pillage were considered as the lowest +cast of thieves; but from a general knowledge of the Receivers in the +vicinity, they frequently afforded considerable assistance to the +Lumpers, Coopers and others, who collected plunder in the progress of +the ships' delivery. + +8th. _Revenue Officers._--Notwithstanding the laudable severity of the +Commissioners of his Majesty's Customs and Excise, in making examples +of their inferior servants by immediate dismission, on proof made of +any offence, or even neglect of duty; a certain class of these +officers, who are denominated _Game_, have found means to promote +pillage to a very extensive degree, not only in West India ships, but +also in ships from the East Indies, and in every ship and vessel +arriving and departing from the River Thames, of which it is to be +lamented, that too many proofs have been adduced. This class of +officers generally make a point of at least having the appearance of +being punctual and regular in their attendance upon their duty, and by +never being found absent by their superior officers obtain +preferences, where such can be given, with respect to those +particular ships which afford the best harvest, either from being +under the charge of Mates or others, with whom they have had criminal +transactions in former voyages, or from the cargo being of a nature +calculated to afford a resource for plunder. They are also generally +acquainted with the _Copemen_ or Receivers, with whom and the other +officers, after seducing the Mate, (if not already seduced) they +negociate for the purchase of whatever can be plundered. + +In those seasons of the year, when the crouded state of the port +renders it necessary to have recourse to _extra_ and _Glut Officers_, +the general distress of this class of men, and the expectations most +of them have formed of advantages by being placed on board ships of a +certain description, render it an easy matter to seduce them; and by +such means had every obstruction been removed to the perpetration of +these excessive robberies, in all their ramifications, which had so +long afflicted the port of London.[56] + +[Footnote 56: In the throng season of the year at least 900 inferior +Customhouse officers, and about 300 Excisemen, are stationed on board +of ships in the Port of London, besides 82 Customhouse watermen and 36 +superior Officers who do duty on the River Thames. The fair allowance +of the established Tide Officers may be from 50_l._ to 55_l._ a year. +The preferable Officers having 3_s._ 6_d._ a day only when employed, +are supposed to receive wages for 2-3ds. of the year; while the extra +Officers, who have only 3_s._ a day, are not supposed to be employed +above half the year: and the Glutmen not more than two months in the +throngest part of the season. + +Men in such situations having a trust committed to them of great +magnitude and importance, in the protection of a Revenue amounting to +more than Seven Millions, and receiving wages inferior to common +labourers, with pecuniary pressures upon them, arising from the wants +in many instances of large families, assailed on all hands by +temptations to connive at evil practices, as they relate both to the +Revenue and the Individual--What can be expected from them?--Humanity, +policy, and even justice pleads for an increase of salary, as the best +means of preserving their morals and increasing the Revenue. Other +Regulations through the medium of the Police System might be +established, whereby their purity might be secured, and the Revenue +eased of a considerable expence, by reducing the number employed at +present, often in promoting mischievous instead of useful purposes.] + +9th. _Scuffle-Hunters_--so denominated probably from their resorting +in numbers to the quays and wharfs where goods are discharging, under +pretence of finding employment as labourers upon the landing places +and in the warehouses, and from the circumstance, of _disputes_ and +_scuffles_ arising about who should secure most plunder from broken +packages. This class of men, who may fairly be considered as the very +scum of society, frequently prowl about with long aprons, not so much +with a view to obtain employment, as for the purpose of availing +themselves of the confusion which the crowded state of the quays often +exhibits, and the opportunity of obtaining plunder; in which object +they have too frequently been successful, particularly when admitted +into the warehouses as labourers, where they have found means to +pilfer and carry away considerable quantities of sugar and other +articles, in which they were not a little countenanced, by similar +offences committed by journeymen coopers and others, who, under the +colour of sanctioned perquisites, abstract considerable quantities of +sugar, thereby subjecting the proprietors to an accumulated loss: for, +in addition to the first cost or price of the article, the duties +which have been paid form no inconsiderable part of the ultimate +value. It is only necessary to resort to the Journals of the House of +Commons, and the Appendix to the Report of the Dock Committee in 1796, +in order to be satisfied, that the plunder in the warehouses has been +excessive. And if credit is to be given to the evidence then brought +forward, and also to the affidavits of persons, who have worked for +many years in the sugar warehouses, the loss sustained on an +importation of 140,000[57] casks of sugar has not fallen much short of +L.100,000 a year.[58] + +[Footnote 57: Sugar and Rum imported into the Port of London, from the +25th of March 1798 to the 25th of March 1799:-- + + Casks, Casks, + Islands. Ships. Sugar. Rum. + + Jamaica 151 64,108 17,279 + Antigua 14 5,258 715 + St. Kitt's 14 6,137 755 + Barbadoes 17 7,961 65 + Granadoes 18 6,806 443 + Mountserat 6 2,742 568 + Nevis 4 1,867 418 + Dominica 14 4,152 400 + St. Vincent 26 10,147 908 + Tortola 3 789 109 + Sundry Places, } + including captured } + Islands, &c. } 106 32,739 2,271 + --- ------- ------ + 373 142,760 23,931 + --- ------- ------] + +[Footnote 58: Independent of the excessive pillage by the labourers in +the Warehouses, which has been rendered but too evident from the +detections of Offenders since the establishment of the Marine Police, +the samples alone, which on an average are said to amount to 12_lb._ +per hhd. (instead of 1-1/2_lb._ per hhd. in conformity to the +Regulations of the West India Merchants, of the 12th of June 1789,) +make a net aggregate of 1,470,000 pounds of sugar, which at 10_d._ per +pound amounts to 61,250_l._ a year!] + +10th. _Copemen or Receivers of Stolen Commercial Property._--This +mischievous class of men may be considered as the chief movers and +supporters of the extensive scene of iniquity which has been developed +and explained in the preceding pages of this Chapter. They were +heretofore extremely numerous, and divided into various classes.[59] +Those denominated _Copemen_ formed the junto of wholesale dealers, who +were accustomed to visit ships on their arrival, for the purpose of +entering into contract with such Revenue Officers or Mates as they had +formerly known or dealt with, and such others as they could by means +of friendly officers seduce to their views. + +[Footnote 59: See the "Treatise on the Commerce and Police of the +River Thames," for a particular account of these classes.] + +Their negociations were carried on in a language and in terms peculiar +to themselves; and commenced by settling the price of + + _Sand_ by which, in their cant language, was meant _Sugar_. + _Beans_ or _Coffee_. + _Pease_ -- _Pimento_ or _Pepper_. + _Vinegar_ -- _Rum_ and _other Liquors_. + _Malt_ -- _Tea_. + +It was their custom to afford assistance wherever such articles were +to be procured by providing _Black Straps_, (_i.e._, the long black +bags already mentioned) to contain sugar, and calculated to stow +easily in the bottom of boats, without being discovered on account of +the colour. They also procured bladders with wooden nozels for the +purpose of containing rum, brandy, geneva, and other liquors, and +furnished boats to convey the plunder from the ships during the night. + +Some of these Receivers had acquired considerable sums of money by +their nefarious traffic, and were able to tempt and seduce those who +would permit them to plunder the cargo, by administering to their +wants by considerable advances of money which, however, rarely +amounted to a moiety of the value of the goods obtained, and +frequently not 1-4th part, particularly in the article of Coffee. + +Other classes of Receivers purchased from the Lumpers, Coopers, &c. +after the property was landed, and being generally engaged in business +as small grocers or keepers of chandlers' shops, and old iron and junk +warehouses, they were accustomed to protect it in its transit, from +one criminal dealer to another, by means of false bills of parcels. + +It would fill a volume to recount the various ramifications of this +nefarious traffic, and the devices used to defeat Justice and elude +the punishment of the Law.[60] + +[Footnote 60: For the purpose of defraying the expence of prosecutions +for criminal offences upon the River Thames, and to raise a fund for +suborning evidence, and employing counsel for higher crimes, and of +paying the penalties under the Act of the 2d Geo. III. cap. 28. +commonly called the Bumboat Act; there existed a club composed of +_River Plunderers_, and _Lumpers_, _Coopers_, _Watermen_, and +_Receivers_, (denominated _Light-Horsemen_, _Heavy-Horsemen_, and +_Copes_,) from the funds of which the Law expences and the penalties +incurred by members of the fraternity were paid. By these iniquitous +means not a few notorious offenders escaped justice, while those who +were convicted of penalties for misdemeanors escaped the punishment of +imprisonment, and being thus screened from justice the culprits +(previous to the establishment of the Marine Police System) returned +to their evil practices without the least apprehension of any other +inconvenience than the payment of a fine of 40_s._ defrayed by the +Club. The New System, however, affording means of detection in the +ships where the offences were committed: what were formerly +misdemeanors are now treated as larcenies, which has operated most +powerfully in breaking up this atrocious confederacy, and in defeating +all the nefarious designs of the criminal delinquents of which it was +formed, some of whom, although apparently common labourers, resided in +handsome houses furnished in a very superior style for the rank in +life of the occupiers. + +As a proof, among many others, of the enormous extent of the River +Plunder, the convictions for misdemeanors under the Act of the 2d Geo. +III. cap. 28. from August 1792 to August 1799, exceeded _two thousand +two hundred_; of which number about 2000 culprits paid the penalty; +partly from their own resources, but chiefly, it is believed, from the +funds of the club, amounting in all to about 4000_l._ in the course of +seven years.] + +It extended to almost every article imported into, and exported from, +the port of London. But the dealings in stolen West India produce were +by far the most extensive; at the same time it appears from recent +investigation, that the _East India Company_ and the _Russian_ and +_American Merchants_, as well as the Importers of _Timber_, _Ashes_, +_Furs_, _Skins_, _Oil_, _Provisions_ and _Corn_, were also +considerable sufferers. The Coal Merchants have likewise sustained +losses to a great amount annually, while every species of goods +imported have been more or less subject to depredations. + +Nor has the Export Trade on the River Thames been in any respect +secured against the rapacity of this phalanx of plunderers. Many +well-authenticated cases have recently been developed, which prove +that Hamburgh vessels outward bound, have been plundered to a +considerable amount,[61] particularly those which were laden with +sugar, coffee, and other West India produce. Outward-bound ships to +every part of the world have also been more or less objects of +plunder, to the numerous herds of delinquents who were employed upon +the River, aided by their associates in iniquity, the Receivers. + +[Footnote 61: A Shipmaster in the trade a few months since was +compelled to pay 40_l._ for deficient sugars plundered by Lumpers and +others, who assisted in lading his vessel, notwithstanding his utmost +personal vigilance and attention while the sugars were taking on +board. A single Marine Police Officer would have prevented this. The +effect of their power in overawing delinquents, from the nature of the +system and the discipline peculiar to the institution, is not to be +conceived.] + +To enter _into particulars_, or to detail specific instances, would +far exceed the limits prescribed for this branch of the general +catalogue of delinquency exhibited in this Work. Suffice it to say, +that the most satisfactory evidence can be adduced, that the system of +depredation which had so long prevailed, and which had advanced with +the growing Commerce of the Port, had pervaded every species of +Merchandize laden or discharged, as well as the Tackle, Apparel and +Stores of almost every ship and vessel arriving in, and departing +from, the River Thames. + +Nor can it be a matter of wonder, that such pervading mischiefs should +have prevailed when it is known, that above 5000 individuals, employed +in various stationary situations upon the River, have, with a very few +exceptions, been nursed from early life in acts of delinquency of this +nature. + +In a group so extensive there are unquestionably many different shades +of turpitude; but certain it is, that long habit, and general example, +had banished from the minds of the mass of the culprits implicated in +these offences, that sense of the criminality of the action, which +attaches to every other species of theft. + + * * * * * + +Such was the situation of things in the Port of London, in the month +of July 1798, when the MARINE POLICE INSTITUTION, a wise and salutary +measure of Government, arose from the meritorious exertions of the +West India Merchants. + +The object of this Establishment was to counteract these mischievous +proceedings, and by salutary arrangements _in the Science of Police_ +to prevent in future a repetition of those crimes which had so long +contaminated the morals of the people, and operated as an evil of no +small weight and magnitude on the Trade of the River Thames. + +How far this System, _planned_ and adapted to the exigencies of the +case, and carried into effort by the Author of these pages, assisted +by a very able and indefatigable Magistrate, and by many zealous and +active Officers, has been productive of the benefits which were in +contemplation, must be determined by an accurate examination of the +state of delinquency, among the aquatic labourers and others, employed +at present in ships and vessels in the River Thames; compared with +what existed previous to this Establishment, as detailed in the +preceding pages of this Chapter. + +Although much yet remains to be done to prevent the renewal of those +criminal proceedings, which have by great exertions been happily in +many instances suppressed.--Although the Marine Police[62] has been +unquestionably crippled by the want of those apposite _Legislative_ +Regulations, upon which its energy and utility, as a _permanent +Establishment_, must, in a great measure depend, yet the proofs of the +advantages which have resulted from it, not only to the West India +Trade[63] (for the protection of which it was originally instituted) +but also to the whole Commerce and Navigation of the Port of London, +are so decided and irrefragable, that specific details are +unnecessary, especially since Deputations of the most respectable +Merchants from the whole Commercial Body, sensible of the benefits +derived from the system have solicited the sanction of Government, for +the purpose of passing a Bill to extend the design, so as to afford +the same protection to the general Trade of the Port, which has been +experienced by the West India Planters and Merchants;[64] and +requesting to be permitted to defray the expence by an annual +assessment upon the Trade. + +[Footnote 62: For a particular account of this Institution, see the +"Treatise on the Commerce and Police of the River Thames," already +alluded to.] + +[Footnote 63: With respect to the advantages which have resulted in +the aggregate, to the West India Planters and Merchants, from this New +Institution, it is impossible to form any decided opinion; but +estimating the savings, on an average, at 28_lbs._ of sugar per hhd. +(which is only one half of what the Committee of West India Merchants, +in their Report to a General Meeting in 1798, supposed the plunderage +might have been formerly) it appears, upon this data, that the gain to +the Planters, Merchants, and the Revenue, on a very reduced estimate +as to the actual importation may be thus stated.-- + + Saving Saving + to the to the + Planters. Revenue. TOTAL. + + On 115,000 casks of sugar, at + 28_lbs._ per cask L.97,012 L.25,150 L.122,162 + + 15,000 casks of rum, at three + gallons each 9,000 15,000 24,000 + + Coffee, pimento, and other + articles, suppose 5,000 10,000 15,000 + --------- -------- --------- + Totals L.111,012 L.50,150 L.161,162 + +If credit is to be given to the general and specific proofs of the +depredations which took place before the establishment of the Marine +Police, and to the numerous documents which demonstrate the saving of +property, which has been the effect of this system of prevention, the +above estimate will not appear to be over-rated. In an importation +amounting to above L.8,000,000 sterling a year, it is not too much to +say that 1-1/2 per cent. on this sum may have been saved under a +system of such extreme vigilance, where every class of depredators +were defeated in their iniquitous designs, and deprived in a great +measure of the powers they formerly possessed, of doing mischief. The +probability is, that it has amounted to more, though the fact never +can be accurately ascertained.] + +[Footnote 64: At a meeting of the Committee of the West India +Merchants appointed to manage the general concerns of the Trade, held +on the 4th of January 1799, It was + + "RESOLVED, + + "That this Committee are deeply impressed with a high sense + of the singular advantages, which appear to have resulted to + the Commerce of the Port of London in general, but + particularly to the West India Planters and Merchants, in + the protection afforded to their property by the exertions + of _The Marine Police Institution_, as well as by the + General System established for the prevention of pillage and + plunder arising out of the measures for detection pursued by + the Magistrates presiding at the Marine Police Office, by + which, in the opinion of this Committee, great and extensive + benefits have also resulted to his Majesty's Revenue."] + +It may only be necessary in this place to state, that under all the +disadvantages and difficulties attending the execution of this design, +it may truly be said to have worked wonders in reforming the shocking +abuses which prevailed.--_The River Pirates do not now exist in any +shape.--The Nightly Plunderers, denominated Light Horsemen, have not +dared in a single instance to pursue their criminal designs.--The +Working Lumpers, denominated Heavy Horse, are no longer to be found +loaded with Plunder._--Watermen are not now as _formerly to be +recognized in clusters hanging upon the bows and quarters of West +India ships under discharge to receive plunder_.--Lightermen, _finding +nothing to be procured by attending their craft, are accustomed to +desert them until the period when they are completely laden.--Journeymen +Coopers do not wilfully demolish casks and packages as heretofore, +since no advantage is to be reaped from the spillings of sugar, +coffee, or other articles.--The Mud-Larks find it no longer an object +to prowl about ships at low water while under discharge, since the +resource for that species of iniquitous employment, which they were +accustomed to solicit, is no longer in existence.--The criminal class +of Revenue Officers, who had long profited (in many instances to an +enormous extent) by the nefarious practices which prevailed, have not +been able to suppress their rage against the New Police, by the +vigilance of which they feel themselves deprived of the means of +profiting by the system of plunder, which they had so perfectly +organized, and which, in collusion with the Revenue Watermen, they +were so well able to cover by availing themselves of their official +situations, on many occasions, in protecting to the houses of the +Receivers articles which were both stolen and smuggled_. + +By means of a Police Guard upon the Quays, which forms a collateral +branch of the General System, _the Scuffle-hunters and Long-apron-men, +who were accustomed to prowl about for the purpose of pillage, have in +a great measure deserted the quays and landing-places; while the +Copemen and Receivers, finding from several examples which have been +made, that their former infamous pursuits cannot be continued without +the most imminent hazard, have, in many instances, declined business, +while not a few of these mischievous members of society have quitted +their former residences, and disappeared_. + +Such has been the effect of the remedy which has been applied towards +the core of the enormous evil of River Plunder. + +It is not, however, to be understood that this System has entirely +eradicated the pillage which prevailed, a circumstance not to be +expected, since the design was partial and limited in its nature, and +only intended for the protection of West India property, although very +extensive benefits have unquestionably arisen from its collateral +influence, and its energy, in terrifying thieves of every description +upon the River, and diminishing their depredations, which, but for the +dread of detection by means of the Police Boats in the night, would +unquestionably have been committed. + +But while it is readily admitted that amidst the opposite attractions +of pleasure and pain, it is impossible to reduce the tumultuous +activity of such a phalanx of individuals to absolute order and +purity, who have been in many instances reared up in habits of +delinquency. And while it is a vain hope to expect that crimes can be +totally annihilated, where temptations assail the idle and the +dissolute, and religion and morality, or even in many instances, the +fear of punishment, does not operate as a restraint;--yet is it, +notwithstanding, clear to demonstration, from the effects produced by +the limited experiment which has been made, that the General Police +for the River Thames which is in contemplation, aided by the apposite +Legislative regulations which experience has suggested to be +necessary,[65] must in its operation, under the guidance of an able +and active Magistracy, so far diminish and keep down the depredations +which were committed, as to prove scarce a drop in the bucket, when +compared to the extensive and enormous evils which it has been the +object of the promoters of this new System to suppress. + +[Footnote 65: For the specific provisions of _the Marine Police Bill_, +see the "Treatise on the Commerce Navigation Police of the River +Thames."--The object of this Bill is rather to prevent Crimes than to +punish; and where punishments on conviction are to be inflicted, they +are of a nature which, it is to be hoped, will operate sufficiently as +an example to diminish the evil, without the exercise of any great +degree of severity.] + +Although in this arduous pursuit, the Author of this work has +experienced infinite difficulties and discouragements, yet is he +rewarded by the consciousness that he was engaged in an undertaking in +which the best interests of Society were involved:--that independent +of the pecuniary benefits derived by the State, and the Proprietors of +Commercial Property (which already have unquestionably been very +extensive,) he has been instrumental in bringing forward a great +preventive System, and by administering the Laws in conjunction with a +very zealous, able, and humane Magistrate,[66] in a manner rather +calculated to _restrain_ than to _punish_,[67] a multitude of +individuals, together with a numerous offspring, are likely to be +rendered useful members of the Body Politic, instead of nuisances in +Society.--The advantages thus gained (although his labours have been +in other respects gratuitous,) will abundantly compensate the +_dangers_, the _toils_, and the anxieties which have been experienced. +In the accomplishment of this object, both the interests of _humanity_ +and _morality_, have been in no small degree promoted: unquestionably, +there cannot be a greater act of benevolence to mankind, in a course +of _criminal delinquency_, than that which tends to _civilize their +manners_;--_to teach them obedience to the_ Laws;--_to screen +themselves and their families from the evils and distress attendant on +punishment, by preventing the commission of crimes_; and _to lead them +into the paths of honest industry, as the only means of securing that +real comfort and happiness which a life of criminality, however +productive of occasional supplies of money, can never bestow_.--If it +shall be considered (as it certainly is) a glorious atchievement to +subdue a powerful Army or Navy, and thereby secure the tranquillity of +a State--is not the triumph in some degree analogous, where a +numerous army of delinquents, carrying on a species of warfare no less +noxious, if not equally hostile, shall not only be subdued by a mild +and systematic direction of the powers of the Law; but that the +conquered enemy shall be converted into an useful friend, adding +strength instead of weakness to the Government of the country? + +[Footnote 66: John Harriott, Esq. the Resident Magistrate.] + +[Footnote 67: So powerful was the effect of the preventive System, +wherever it was permitted to be applied, that no instance has occurred +in the course of more than fifteen months, since the Marine Police was +established, of sufficient grounds for a criminal prosecution having +taken place by the commission of any Larceny or Felony in ships or +craft under the immediate protection of the Institution.] + +Such has been, at least, the result of the partial operations of the +Marine Police; and such will unquestionably be the issue of the +general measures which have been planned and arranged, when the +_Key-stone_ shall be finally laid to the fabric, by passing into a Law +the Bill which has been prepared for the extension of this design to +the protection of the whole trade of the port of London.[68] + +[Footnote 68: As a proof of the approbation of the whole body of the +West India Planters at the General Meeting, not only of the System of +the Marine Police, but also of the Bill which has been prepared to +extend its influence to the general Trade of the River Thames, the +following extracts are inserted: + + _Extract from the Minutes of a Meeting of a Committee of the + West India Planters and Merchants--London, June 7, 1799._ + + "Resolved, + + "That this Committee is fully convinced that considerable + advantages have been derived from the institution of the + Marine Police in checking the depredations on West India + produce on board ships in the River Thames; and consequently + approves of the Bill for constituting the said _Marine + Police_, with powers enlarged and more effective, and on a + more extended plan, provided the Act for that purpose be in + the first instance limited to the duration of three years, + and that the whole expence of the Institution does not + exceed Ten Thousand Pounds annually." + + + _Extract from the Minutes of a General Meeting of the West + India Planters, held by public Advertisement at Wright's + Coffee-house, Soho-square, London, June 13, 1799._ + + The Right Honourable Lord PENRHYN in the Chair. + + "Resolved, + + "That this Meeting confirms the Report of its Committee, and + approves of the project of a Bill for the purposes, and + within the limitations stated in that Report. + + "Resolved, + + "That Lord Penrhyn be requested to present to the Chancellor + of the Exchequer the Report of a Committee of this Meeting, + on the subject of the Marine Police Institution, and the + Resolution of this meeting approving the said Report. + + "Resolved, + + "That Lord Penrhyn be requested to communicate the thanks of + this Meeting to Mr. Colquhoun for the zeal, ability, and + perseverance with which he has endeavoured to form an + effectual check to the system of depredation which prevailed + on the River Thames."] + + + + +CHAP. IX. + + _Reflections on the Causes of the Existence and Continuance + of the Frauds, Embezzlements, Peculation, and Plunder in his + Majesty's Dock-Yards and other Public Repositories, and in + the Naval Department in general.--Reasons why the Evil has + not been suppressed.--A summary View of the Means employed + in committing Offences of this Nature.--Reasons assigned why + the Defalcation of this Species of Property must be + extensive.--Illustrated by the immense Value, and by an + Estimate, and general View, of the Public Property exposed + to Hazard.--A summary View of the Laws which relate to + Offences on Public Property; proofs adduced of their + Deficiency.--Remedies proposed and detailed under the + respective Heads of--1st. A Central Board of Police--2d. A + Local Police for the Dock-Yards--3d. Legislative Regulations + proposed in Aid of the Police System--4th. Regulations + respecting the Sale of Old Stores--5th. The Abolition of the + Perquisites of Chips--6th. The Abolition of Fees and + Perquisites, and liberal Salaries in lieu thereof--7th. An + improved Mode of keeping Accounts--8th. An annual Inventory + of Stores in Hand--Concluding Observations._ + + +Under the pressure of those accumulated wrongs, which constitute the +extensive frauds, embezzlements, pillage, and plunder, known and +acknowledged to exist in the Dock-Yards and other Public Repositories, +it is not easy, at first view, to assign a reason for that apparent +supineness, on the part of men of known honour and integrity, who have +heretofore presided, and who now preside at the Public Boards, in not +using the means necessary to remedy so great an evil. + +This may possibly be accounted for, by the extreme difficulty which +men, constantly occupied in a laborious business, find in pursuing +inquiries, or forming arrangements, out of their particular sphere; +more especially when such arrangements require those powers of +business, and that species of legal and general information, which do +not usually attach to men whose education and habits of life have run +in a different channel. + +Under such circumstances, it is scarcely to be wondered at, that +greater efforts have not been used, (for great efforts are +unquestionably necessary,) to correct those abuses, which have long +existed; and which have been progressively increasing; by means of +which, not only the property of the Public suffers a vast annual +diminution by frauds and embezzlements, but the foundation of all +morals is sapped; and the most baneful practices extend even to men +in the upper and middle ranks of Society, who are too seldom +restrained by any correct principle of rectitude in transactions, +where the interest of Government only is concerned; either in the +supplying, or afterwards in the taking charge of the custody of Public +Stores. + +When the object in view is to acquire money, the power of example, +sanctioned by usage and custom, will reconcile men by degrees, to +enormities and frauds which at first could not have been +endured.--Acting under this influence, it too often happens that a +distinction is made, as regards moral rectitude, in the minds of many +individuals, between _the property of the Nation_, and _private +property_.--While the most scrupulous attention to the rules of honour +prevails in the latter case, principles, the most relaxed, are yielded +to in the former. + +And thus it is, that in such situations, inferior agents also, induced +by example, become insensibly reconciled to every species of fraud, +embezzlement, and peculation. + +It is no inconsiderable source of the evil, that large gratuities are +given, under the colour of fees,[69] to those who can assist in +promoting the views of the fraudulent, or in guarding them against +detection.--What was at first considered as the wages of turpitude, +at length assumes the form, and is viewed in the light of a fair +perquisite of office. + +[Footnote 69: Since the publication of the last edition of this work, +the Select Committee on Finance in the House of Commons, who have +derived immortal honour from their various and useful Reports, have +recommended the abolition of fees; and the Lords of the Admiralty, and +the Commissioners of the subordinate Boards, are entitled to the +thanks of their country, from the exertions they are using to carry +this measure into effect.] + +In this manner abuses multiply, and the ingenuity of man is ever +fertile in finding some palliative.--Custom and example sanction the +greatest enormities: which at length become fortified by immemorial +and progressive usage: it is no wonder, therefore, that the superior +Officers find it an Herculean labour to cleanse the Augean stable. + +A host of interested individuals opposes them. The task is irksome and +ungracious. The research involves in it matter of deep concern, +affecting the peace, comfort, and happiness of old servants of the +Crown or the Public, and their families; who have not perhaps been +sufficiently rewarded for their services; and who, but for such +perquisites, could not have acquired property, or even supported +themselves with decency. + +It is an invidious task to make inquiries, or to impose regulations +which may ultimately affect the interest or the character of +dependants, who have heretofore, perhaps, been regarded as objects of +partiality or affection. Those whose duty it is to superintend the +departments, knowing their own purity, are unwilling to believe that +the same principle of rectitude does not regulate the conduct of +others in inferior situations: and matters, of apparently greater +importance, constantly forcing themselves upon their attention, the +consideration of such abuses is generally postponed: while those who +detect or complain of their existence, seldom meet with much +encouragement; unless some specific act of criminality is stated, and +then it is referred, as a matter of course, to the proper Law +Officers. + +These circumstances, however, only prove the necessity of some other +and more effectual agency to remove an evil, which (if the assertions +of those whose efficient situations give them access to the very best +information as to its extent and enormity are correct) _is of the +greatest magnitude_, and calls aloud for immediate attention. + +To understand how this is to be accomplished, it will be necessary in +the first instance to develope the means which are employed to commit +these _abuses_, _frauds_, and _embezzlements_.--Then to take a general +view of the property exposed to depredation, and afterwards to examine +the nature and effect of the Laws and regulations now in being for the +purpose of preventing these evils; and last of all, to suggest +remedies. + +The abuses, frauds, and embezzlements, are multifarious, and are +perpetrated through the medium of a vast variety of agencies, which +naturally divide themselves into two distinct branches. + +The first relates to frauds committed by the connivance and assistance +of Clerks, Store-keepers, and inferior officers in the Dock-yards, and +other repositories, and in ships of war and transports; in _receiving +and delivering Naval, Victualling, and Ordnance stores;--in +surveys;--in returns of unserviceable stores;--in_ what is called +_solving off stores;--in fraudulent certificates;--in the sale of old +stores_; and innumerable other devices; by which a number of +individuals are enriched at the Public expence; and a system of +plunder is supported by fraudulent documents and vouchers of articles +which have no existence but upon paper. + +The second branch relates to the actual pillage of _new and old +Cordage, Bolts of Canvas, Sails, Bunting, Twine of all sorts, +Fearnought and Kersey, Leather and Hides, old and new Copper, Locks, +Hinges and Bolts, Copper Bolts and Nails in immense quantities, +Bar-Iron, old Iron, Lead and Solder, Ship's-Plank, Oars, Timber of +small sizes, Blocks, Quarterstuff, Candles, Tallow, Oil, Paint, Pitch, +Tar, Turpentine, Varnish, Rosin, Beer and Water Casks, Iron Hoops, +Biscuit Bags, Beer, Bread, Wine, Brandy, Rum, Oil, Vinegar, Butter, +Cheese, Beef, Pork, &c._--All these articles suffer a vast annual +diminution, by means of that plunder which has become habitual to a +number of the inferior servants of the Crown, who have in their +respective situations, access to such stores.[70] + +[Footnote 70: It is by no means to be inferred from what is here +stated, that there are not, both among the furnishers and contractors +for Public Stores, as well as the Officers and Clerks employed in the +departments here alluded to, many individuals of great honour and +integrity.--It is to be hoped, the fraudulent are the smallest in +point of number, or that they will soon be so.] + +This species of plunder is much encouraged by the difficulty of +detection: Vast quantities are constantly provided, and the +store-houses are generally full; it happens therefore as a matter of +course, that the articles which were recently deposited are issued +first; and hence many valuable stores, it is said, have remained +untouched and unseen for forty or fifty years, until a number of +articles perish or become unserviceable from length of time.--An +annual inventory, upon the plan suggested at the close of this +Chapter, rendered practicable by more extensive store-houses, would +remove this obvious inconvenience. + +All stores being delivered under the authority of warrants signed by +the Commissioners and proper officers, the clerks, or in their absence +the foreman of the warehouses, where the articles stated in the +warrants are deposited, deliver the stores; and, if opportunities +offer, large additional quantities are said to be frequently sent out, +by the connivance of the inferior officers; sometimes stores are even +delivered two or three times over, under colour of the same warrant, +without discovery. + +A similar System prevails with regard to stores sent to the public +repositories from dismantled ships of war and transports. + +Many vessels in the coasting trade, and even ships of foreign nations, +it is said, touch at Portsmouth and Plymouth, merely for the purpose +of purchasing _cheap stores_;--and it is well known, that many dealers +in naval stores in the neighbourhood of the Dock-Yards are chiefly +supplied in this way. + +The plan which prevails at present with regard to the sale of old +stores, not only proves a kind of safeguard to these fraudulent +dealers; but is also in itself subject to great abuses, from the +delivery of larger quantities than are actually included in the public +sales, by which the parties concerned are said frequently to pocket +considerable sums of money.[71] + +[Footnote 71: See a plan for disposing of old stores with a view to +remedy the evil, in a subsequent part of this chapter.] + +The artificers in the Dock-yards, availing themselves of their +perquisite of Chips, not only commit great frauds, by often cutting up +useful timber, and wasting time in doing so; but also in frequently +concealing, within their bundles of chips, copper bolts, and other +valuable articles, which are removed by their wives and children, +(and, as has appeared in judicial evidence, by boys retained for the +purpose) and afterwards sold to itinerant Jews, or to the dealers in +old iron and stores, who are always to be found in abundance wherever +the Dock-yards are situated.[72] + +[Footnote 72: It seems evident, that the abolition of the perquisite +of Chips would be a great improvement, and prove the means of +correcting many gross abuses which at present prevail. In this +suggestion the Author is supported by the very able and decided +evidence of Brigadier-General Bentham, before the Select Committee of +the House of Commons on Finance, in 1798. [_See the 31st Report of +that Committee._] On a supposition that 3000 shipwrights are employed +in the several Dock-yards at the wages of 2_s._ 1_d._ with the +privilege of one bundle of chips each day, which, though not worth +more than 6_d._ to each shipwright, actually costs Government 1_s._ +6_d._ because good and valuable timber is often cut down to make these +chips.--The following estimate will elucidate what has been stated: +and shew the benefits which Government would probably derive from the +abolition of this perquisite, even if the wages should be raised, +which are perhaps too low at present. + + 3000 men, working 300 days in a year, entitled to + 900,000 bundles of chips at 1_s._ 6_d._ L.67,500 + + Time lost to Government in making up these chips, + equal to 6_d._ per day 22,500 + + Articles purloined and stolen, by being concealed + within these bundles, and by women and children, who + resort to the yards on pretence of carrying them + away, supposed 50,000 + --------- + L.140,000 + + Deduct 6_d._ a day additional wages in lieu of the + perquisite of chips; which, it is understood, the + shipwrights would consider as an ample remuneration 22,500 + --------- + Presumed gain by this arrangement L.117,500] + +The Naval, Victualing, and Ordnance Stores pillaged in the Dock-yards +and other public Repositories, and also from ships of war, transports, +and navy and victualing hoys, in the River Thames, and Medway, must +amount to a very large sum annually. The detections, particularly in +the victualing hoys and transports, since the establishment of the +Marine Police, prove the existence of the evil, and the wide field +which it embraces. + +The vicinity of the Metropolis;--the assistance afforded by old iron +and store shops on the spot;--by carts employed _in this trade alone_, +constantly going and coming from and to the Capital;--by the advantage +of an easy and safe conveyance for ponderous and heavy articles, in +lighters and other craft passing up and down the River; and the +extensive chain of criminal connection, at every town and village on +the Thames and Medway, which a course of many years has formed, joined +to the ease with which frauds are committed, have combined to render +this nefarious traffic a very serious and alarming evil. + +Among the multitude of persons concerned in it, some are said to keep +men constantly employed in untwisting the cordage, for the purpose of +removing the King's mark, or coloured stran, which is introduced into +it as a check against fraud; while others (as has been already +noticed) are, in like manner, employed in knocking the Broad Arrow out +of copper bolts, nails, bar iron, and other articles, on which it is +impressed, so as to elude detection. + +It is scarcely to be credited, to what an extent the sale of the +cordage, sail-cloth, and other Naval articles, including victualing +stores, thus plundered, is carried, in supplying coasting vessels and +smaller craft upon the River Thames, at a cheap rate.[73] + +[Footnote 73: When it is recollected, that 9176 coasting vessels, and +also 4268 traders to foreign parts, enter and clear in the +Custom-house of London, in the course of a year, independent of small +craft in the River; an inexhaustible resource for the sale of cheap +cordage, sail-cloth, and every other material, must be obvious at +first view.] + +If the actual value of stores deposited at the different Dock-yards +and public Repositories in the course of a year, is to be considered +as a rule whereby a judgment may be formed of the extent of the losses +sustained by frauds, plunder, and embezzlement, it will be found to +be very erroneous, since a large proportion of what forms the great +aggregate loss sustained annually by Government, does not arise from +the actual stealing of stores, but from frauds committed in +fabricating documents both at home and abroad. + +Reasons have already been assigned, why many individuals reconcile +their minds to devices, whereby they may be suddenly enriched at the +Public expence, who would be shocked at the idea of over-reaching an +individual. For the purpose, therefore, of estimating truly the +probable extent of the evil, a general view must not only be taken of +the Naval, Victualing, Ordnance, and other Stores at all times +deposited in the Public Arsenals, but also the stores and provisions +on board of the numerous ships of war, and transports, constantly +consuming and replacing in all quarters of the Globe; and to measure +the whole by the great annual expence, which is incurred in this +necessary service, _The Bulwark of Britain, and the Glory and Pride of +the Nation_. + +Looking at the subject in this point of view, where the ramifications +are so extensive, and the opportunities so numerous, whereby in the +hurry and confusion of carrying on a most important public service, +frauds and embezzlements may be committed with impunity, the question +is, Whether measures are not practicable, whereby the public loss, by +the rapacity of individuals, may not lie greatly diminished, and what +system would be best adapted to the attainment of this object? + +To illustrate this proposition it may be necessary to form an +estimate, in the first instance, of the stationary and floating +property belonging to his Majesty, in the different Public Arsenals +and ships of War.--The following statement is hazarded with this +particular view, not as an accurate detail of facts; for accuracy to a +point under the present circumstances is neither practicable nor +absolutely necessary. It is sufficient if it tends to elucidate and +explain an important point, on the subject of the frauds and +depredations committed on the public stores, which would not be +otherwise intelligible or useful to the public, to the extent which +the Author contemplates.-- + + +_Estimate of Floating Naval, Victualing and Ordnance Stores, in the +different Repositories and Ships of War._ + + Naval, Victualing } + and Ordnance Stores } at Deptford and Red House L.1,800,000 + Woolwich 150,000 + Sheerness 100,000 + Chatham 200,000 + Portsmouth 1,300,000 + Plymouth 900,000 + Ireland, Leith, and other parts 50,000 + { in the Arsenals at Halifax, } + { and the East and West Indies } 150,000 + Gibraltar, Minorca, &c. 50,000 + { in 900 Ships of War and } + { Transports in Commission } 2,300,000 + ----------- + Total L.7,000,000 + ----------- + +The annual pecuniary Supplies for the Navy may be estimated at +_Thirteen Millions a year_ during war; of which sum about _Six +Millions_ may be applicable to the pay of the Officers and Seamen, and +_Seven Millions_ to _Ships-Stores, Provisions, &c._ The last two, +namely, the stores and provisions being in a constant state of +movement, both at home and abroad, furnish abundant resource for +frauds and depredations, which may certainly be greatly diminished, +though perhaps impracticable to be eradicated entirely. + +The object, therefore, is to devise means whereby this _diminution_ +may be accomplished: and in pursuing this important inquiry, it will +be necessary to precede it by the following general view of the Laws +now in being, which relate to offences committed in the Naval and +other Public Departments. + + The Acts of the 31st of Elizabeth, (cap. 4.) and the 22d of + Charles II. (cap. 5.) made it felony, without Benefit of + Clergy, to steal or embezzle any of his Majesty's Military + or Naval Stores or Provisions, above the value of Twenty + Shillings. + + By the 9 and 10 of William III. (cap. 41.) the Receivers of + embezzled stores, or such as should have the same in their + custody, are subject to a penalty of L.200. + + From this period, till the 1st of George the First, the + attention of the Legislature does not seem to have been + directed to this object; when by the statute, 1st Geo. I. + stat. 2. cap. 25, the principal Officers or Commissioners of + the Navy were authorized to issue warrants to search for + Public Property stolen or embezzled, and to punish the + Offenders by fine or imprisonment. + + A succeeding Act, (9 Geo. I. cap. 8.) empowered the Judges + to mitigate the fine of L.200 imposed on persons having in + their possession public stores, and to punish the offenders + corporally, by causing them to be publicly whipped, or kept + at hard labour for six months in the House of Correction; + which certainly was a great improvement. + + By the Act 17 Geo. II. c. 40. jurisdiction was given to the + Judges of Assize, and the General Quarter Sessions, to try + the Offenders, and punish them by a fine not exceeding + L.200, imprisonment for three months, and other corporal + punishment. + + The Laws on this subject were further amended by the 9th of + his present Majesty, cap. 35; by which the _Treasurer, + Comptroller, Surveyor, Clerk of the Acts_, or any + Commissioner of the Navy, are empowered to act as Justices, + in causing Offenders to be apprehended and prosecuted. These + powers were given with a view to establish a greater degree + of energy in detections; but experience has shewn that the + purpose has not been answered. + + The last Act which relates to the protection of the Public + Stores, was made the 12th year of his present Majesty's + reign (cap. 24.) and related solely to burning ships, + warehouses, and naval, military, or victualing stores, in + any of the dominions of the Crown; which offence is made + felony without Benefit of Clergy. + +A very superficial view of the above Laws will demonstrate their +insufficiency to the object of _Prevention_. And even if they were +complete, the task imposed on the public officers, who are on every +occasion to act as Justices, has proved from experience to be a +measure ill calculated to attain the object in view, namely, the +detection of offenders; otherwise the evil would not have +increased.--Other _remedies_ must therefore be applied. It is not, +however, by any single act of the Legislature, that the enormous +frauds and depredations in the Navy and Victualing Departments of his +Majesty's service, which the Commissioners and chief Officers, under +whose management they are placed, are so anxious to suppress,[74] can +be remedied: This important object must be obtained by a combination +of various salutary measures, calculated to afford collateral aid to +specific Legislative Regulations, and to secure their effectual +execution, by means which are now to be explained under their +respective heads.-- + +[Footnote 74: Much to the honour of the present Commissioners, both of +the Navy and Victualing, a most laudable zeal has been manifested to +suppress the frauds, embezzlements and pillage, which have so long +afflicted these departments of the public service. The following copy +of a letter from the Solicitor to the Navy Board to the Author of this +Work, is a strong proof, not only of the sense they entertain of the +evils which are felt to exist, but of the necessity of a speedy and +effectual remedy being applied.-- + + "_Norfolk Street, 19 May, 1799._ + + "SIR, + + "THE Commissioners of the Navy having an intention of + applying to Parliament, to extend and amend the Laws, for + preventing the embezzlement and stealing of his Majesty's + Naval Stores; and having directed me, in preparing the + intended Bill, to attend to the suggestions and + recommendations on the subject, in your excellent and + valuable publication, I shall consider myself much obliged + to you, as I am sure the Commissioners will, if you will, at + your leisure, have the goodness to furnish me with any hints + on the subject, which may have occurred to you, since the + publication of your Treatise, and which you think may be + worthy the attention of the Legislature. + + "I am, Sir, with respect, + + "Your most obedient humble Servant, + + "CHA. BICKNELL. + + "_P. Colquhoun, Esq._."] + + +I. A GENERAL POLICE SYSTEM. + +By the Establishment of a Central Board of Police, on the Plan +strongly recommended by the Select Committee of the House of Commons +on Finance, in their 28th Report, ordered to be printed in June +1798:--It is there proposed to bring under regulations by licences, +all those classes of dealers in _old and second-hand ships' +stores--old iron and other metals_, and several other dangerous and +suspicious trades, the uncontrolled exercise of which, by persons of +loose conduct, is known to contribute to the concealment and +multiplication of crimes.--Infinite embarrassments would, through this +collateral medium, be placed in the way of those particular Dealers, +who reside in the vicinity of the Dock-yards, and who, by a variety of +criminal devices, while they are instrumental in doing much mischief, +have been able, in many instances, to elude Justice, and to carry on +their nefarious practices with impunity. + +A Board of Police so organized, by means of Licences and subordinate +Officers, as to keep the conduct of these classes of delinquents in +view who, by giving facilities to the embezzlers and stealers of naval +and other stores, are the chief sources from whence the evil springs; +and with power to refuse Licences to those who are known to have been +guilty of criminal conduct; would operate very powerfully in limiting +these classes of dealers to the honest part of their trade, by which +infinite mischief would be prevented. + + +II. A LOCAL POLICE FOR THE DOCK-YARDS. + +Salutary as the Central Board, recommended by the Select Committee on +Finance, must certainly be in controlling and checking the Naval +plunder, in common with the general delinquency of the whole country, +it would seem indispensably necessary, under circumstances where the +moving property is so extensive, and where there exists so many +resources and temptations leading to the commission of crimes, to fix +on some one person the responsibility of carrying the Laws into +effect, and of controlling and overawing the various classes of +Delinquents, whose attention is directed to the Dock-yards, as a means +of obtaining plunder: That for this purpose, one able and intelligent +Magistrate should preside in a Police Office, to be established by +Law, at or near the Dock-yards, at _Chatham_, _Portsmouth_, and +_Plymouth_, with an establishment consisting of _one Clerk, two House +and four Boat Constables_, with _two Police Boats_ attached to each +Office. One Magistrate would be sufficient at each Office, as +assistance from the neighbouring Justices could always be procured in +case of sickness, or absence, or where any judicial proceeding would +require two Magistrates. + +No establishment would be necessary for the Dock-yards, and Public +Arsenal, at Deptford and Woolwich, as the great civil force, and the +number of boats attached to the Marine Police Office at Wapping, when +strengthened, extended, and improved in the manner which is proposed, +would be competent to carry into effect the Laws now in being, and +such as may hereafter be enacted, for the prevention and detection of +offences in every part of the River Thames, from London Bridge to the +Hope Point. + +The Magistrate proposed to be established at Chatham, could +occasionally administer justice at Sheerness, while the Boat Officers +belonging to the Institution, might be employed advantageously in +traversing the River Medway, and in keeping a watchful eye on the +various Receivers of stolen goods, who reside in the vicinity of that +River, between the two Dock-yards. + +At Portsmouth and Plymouth there would be regular employment for the +respective Magistrates, and the Boat and other Officers on these +establishments. + +These three Institutions may be conducted at an expence not exceeding +one thousand pounds a year each, viz:-- + + L. _s._ _d._ + To the responsible resident Magistrate 300 0 0 + To his Clerk 100 0 0 + To the Constables, 6 in number, 50_l._ each 300 0 0 + To House Rent, Coal, Candles, Stationary, + tear and wear of Boats, and Rewards for + meritorious Services 300 0 0 + ------------- + Total 1000 0 0 + +Towards defraying this expence, the fees which would be received, and +the penalties inflicted for minor offences, under the Legislative +regulations hereafter to be proposed, would go a certain length in +reducing the expences of the three Police Institutions. But +considering the advantages likely to result from those Establishments, +were the expence to be incurred even _fifty times_ the amount of what +is estimated, it would in all probability be much more than +compensated by the savings to the Public, which will result from the +preservation of the Public property, independent of the advantages +which must arise from an improvement in the morals of a numerous class +of delinquents, who have long been in a course of criminal turpitude. + +A Police System thus organized under the direction of a Magistrate in +each situation, whose attention would be solely confined _to this one +object_, could not fail to be productive of the greatest good, +especially when aided by officers, well selected and encouraged to be +_vigilant_ and _pure_ in their conduct, from the advantages they would +derive from a moiety of the pecuniary penalties, when offenders were +convicted, in addition to their salaries, thereby rendering their +situations comfortable and desirable, and fortifying them against +seduction and connivance with Receivers and Thieves, as too often has +been discovered to take place, with respect to parochial Constables +resident near the Dock-yards, by which Public Justice has been +frequently defeated. The terror which such a System would excite, and +the extensive evils a Boat Police are likely to prevent, can only be +conceived by those who have witnessed the effect of the Marine Police +on the River Thames. + +But still apposite Legislative regulations will be necessary to give +full effect to this design, and the following heads are suggested as +likely to be productive of infinite public advantage, when passed into +a Law. + + +III. LEGISLATIVE REGULATIONS PROPOSED IN AID OF THE GENERAL AND LOCAL +POLICE SYSTEM. + + 1st. That persons having possession of _New Naval Stores_; + or _Naval Stores not more than one-third worn_, with the + King's mark thereon, shall be deemed guilty of receiving + goods, knowing them to have been stolen, and on conviction + may be transported for 14 years; with power, however, to the + Court to reduce it to seven years, or to impose a fine, or + punish the offender corporally at its discretion. + + 2d. Defacing the King's Mark, on any of his Majesty's + Stores, to be deemed felony, and punished by transportation + for 7 or 14 years. + + 3d. The powers and provisions of the Act of 2 Geo. 3. cap. + 28. _commonly called, The Bumboat Act_; and also, the + general powers and provisions of the Thames Police Act, when + it shall pass into a Law, to be extended to all his + Majesty's Dock-yards, and to the Rivers and Creeks leading + thereto, within the distance of 20 miles. + + 4th. In all cases where the Crown or its Agents shall + decline to prosecute persons, in whose possession the King's + Stores shall be found, any one Justice before whom the + offender is carried, may proceed as for an offence under the + _Bumboat Act_, or the _Thames Police Act_ (by which maritime + offences are to be more minutely explained) and if the party + shall not give an account to the satisfaction of the + Justice, how the said goods came into his possession, to be + convicted of a misdemeanor, and subject to a fine of 40_s._ + or such other minor punishment as these Acts direct. + + 5th. That all Marine Police Constables (whether the _Thames + Police_, the _Medway Police_, or the _Police Offices_ at + Portsmouth and Plymouth) shall have power to board all hoys + and craft in the service of his Majesty, while employed in + conveying stores, or in returning after such stores are + delivered, for the purpose of searching the same; and in all + cases, where stores are found which appear to have been + abstracted from the cargo, or otherwise unlawfully obtained, + to seize and convey the same, with the offender or + offenders, (without prejudice to the service) before a + Justice; and in case the Solicitor for the Crown, (on due + notice given, shall decline to prosecute for the major + offence) the parties in whose custody the stores were found, + not giving a satisfactory account of obtaining the same, + shall be convicted of a misdemeanor, and punished by fine or + imprisonment. + + 6th. The act of having _jiggers or small pumps, or bladders + with or without nozzles, or casks for drawing off liquor in + hoys or craft; of throwing goods over board when pursued to + elude detection; of fabricating false bills of parcels, to + cover suspected goods, and defeat the ends of Justice; of + having goods in possession, suspected to be King's stores, + and not giving a good account of the same_; of refusing to + assist Marine Police Constables in the execution of their + duty; of obstructing the said Officers; of damaging Police + Boats, to be punished as misdemeanors, under the authority + of the said Bumboat Act, and the proposed Thames Police Act; + namely, by fine or imprisonment. + + 7th. _Boats, craft, carts, carriages_, or _horses_, &c. from + which stolen or embezzled King's stores shall be seized, to + be forfeited, and disposed of as directed by the said Marine + Police Bill. + + 8th. In all cases where, in seizing stores, articles not + having the King's mark shall be found intermixed with stores + having such mark, the party in whose possession they are + found shall be obliged to give an account, to the + satisfaction of the Justice, by what means he obtained the + unmarked stores, otherwise the same to be forfeited, and + sent to his Majesty's Repositories. + + 9th. Power to be granted to the Commissioners of the Navy, + or any one Justice, to issue warrants, on proper information + upon oath to Peace Officers, to search for King's stores, + _without any proof of such stores being actually stolen, + taken_, or _carried away_. The power of the Commissioners in + this case to extend to all Counties in England. + + 10th. The Laws relating to falsifying, erasing, or + fabricating _documents, vouchers, books, accounts_, or + _writings_, of any kind, with an intent to defraud his + Majesty, to be revised and amended, so as to apply more + pointedly to offences of this nature. + + 11th. Persons in his Majesty's service in any of the + Dock-yards or Public Arsenals, having King's stores in their + possession, to the amount of 5_l._ value, and not being + authorised to keep such stores, to be conclusive evidence of + embezzlement, and to be punished by transportation. + + 12th. As an encouragement to excite vigilance in Officers of + Justice, it is humbly proposed, that the Commissioners of + his Majesty's _Navy, Victualing, and other Departments_, + should be authorised, and required by Law, to pay the + following rewards for the conviction of offenders, on the + certificate of Judges and Magistrates, before whom such + convictions took place-- + + 40_l._ on Conviction for any Capital Offence. + + 20_l._ on Conviction for Felony, punished--Transportation, + Fine or Imprisonment, or Whipping, before a Superior Court. + + 10_l._ for Misdemeanors, by Indictment before the Quarter or + General Sessions of the Peace. + + 2_l._ for Convictions before Justices for Minor Offences. + +From such _Legislative Regulations_ infinite would be the advantages +which might reasonably be expected, when by the establishment of a +Naval Police System, their due and proper execution would be rendered +certain; and also, in all cases, where the evidence against offenders, +although perfectly conclusive as to the fact, may be deficient in some +points of legal nicety, by putting the _onus probandi_ on the +offender, and treating it as a minor offence: the ends of Public +Justice will, in a great measure, be answered by inflicting some +punishment on the offender, and however inferior it may be to what he +deserves, it will still have an excellent effect, since it is not so +much by severe punishments, as by the certainty of _some punishment_ +being inflicted, and the obloquy of a conviction when offences are +committed, that Delinquents of this class are deterred from the +commission of crimes. + +Having thus traced the outlines of such remedies, for the protection +of his Majesty's _Naval_, _Victualing_, Ordnance and other stores, as +certainly require Legislative Regulations; it remains now to consider, +what other measures may appear necessary, within the limits of the +authority with which the Lords Commissioners of the Admiralty are +invested, for the purpose of rendering the Preventive System complete. + +Those which have occurred to the Author of this Work will be classed +under the following Heads: + + IV. _Regulations respecting the Sale of Old Stores._ + + V. _The Abolition of the Perquisite of Chips._ + + VI. _The Abolition of Fees and Perquisites of every + description; to be recompensed by a liberal increase of + Salaries._ + + VII. _An improved Mode of keeping Accounts._ + + VIII. _An annual Inventory of Stores on hand._ + + +IV. OLD STORES. + +The mode at present practised in disposing of unserviceable Naval and +Victualing Stores by Auction, in the Public Arsenals and Repositories, +is productive of infinite evils, independent of the cover which is +thereby afforded to many purchasers, of loose conduct, in protecting +them, by means of the certificates they obtain against the penalties +of the Law, as Receivers of stolen and embezzled goods of the same +species and quality; thereby not only defeating the ends of Public +Justice, but operating as an encouragement to these criminal dealers +to extend the iniquitous part of their trade, by holding out +facilities and incitements to those who have access to commit +depredations on the Public Property, which possibly would never have +otherwise taken place. + +The Public Sales at the Dock-yards and other Repositories, draw +together men of loose and depraved morals; who, in order to obtain +bargains, do not hesitate (wherever it can be done) to seduce, by +means of pecuniary gratuities, the inferior officers and labourers +into the evil practice of mixing superior stores with unserviceable +articles, ordered to be made up in lots, so as to elude discovery. New +and valuable cordage has been detected coiled within old cables,[75] +while frauds also are practised as to the weight, and in the delivery +of greater quantities than are actually sold.--Such practices have +taken place in spite of the vigilance and attention of the superior +officers, by which a two-fold mischief arises,--in the immediate loss +which is sustained by the frauds thus practised, and in the cover +which is thus afforded for the protection of additional stores +purchased clandestinely; perhaps from the persons who have been thus +corrupted.--An evil so prominent, in the view of a very able and +penetrating Judge now upon the bench, as to induce him to declare +publicly in Court, immediately after a trial, where a notorious +offender (as many notorious offenders do) escaped Justice, under the +cover of his certificates: "That _Government had better burn their old +Stores than suffer them to be the means of generating so many +offences_"--or to the same effect. + +[Footnote 75: An instance of this kind occurred about two years ago in +one of the principal yards, where a large quantity of new and valuable +Cordage was found concealed within the coils of a large unserviceable +Cable; which composed one of the lots in the Catalogue of the +Sale.--And thus a connection was discovered between the Criminal +Purchaser and the Labourers employed in making up the Lots.] + +It is however humbly presumed that a remedy may be applied without the +destruction of such valuable materials; and the following suggestions +are offered with a view to this object. + +_Plan for an improved mode of disposing of unserviceable Naval and +Victualing Stores._ + + 1st. That instead of selling those stores upon the spot + where the criminal connections are formed, the Naval + articles shall be made up in assorted lots suitable to the + _London, Bristol, Liverpool, Whitehaven, Glasgow, Newcastle, + and Hull_ Markets. That a responsible Agent should be + appointed to conduct the sales at each of these + _Ports_.--That they shall be men of the first respectability + in the commercial line, who can give ample security for + their fidelity in the execution of the trust reposed in + them.--That they shall receive the stores at the yards or + repositories where they are made up, and convey them to + their respective Warehouses at their own expence: on having + an allowance of _6 per Cent. for Freight-charges, + Warehouse-rent, Insurance_ against _Sea-risk and Fire_, and + all other expences; _and 4 per Cent. for commission on the + amount of the Sales_. + +That the said stores shall not on any pretence be sold to dealers, but +only to the _actual consumers_, or Rope Spinners to convert into small +cordage; _nor shall any certificate be granted to purchasers on any +pretence whatsoever_. + +That accounts of sales shall be furnished monthly, and such sales +shall be accompanied by _a full remittance for the amount_, it being +always understood that no credit is to be allowed. + +That at the end of each year, an inventory shall be transmitted on a +specific day to be fixed, of the whole stores on hand, and a general +account current shall be then furnished; in which shall be exhibited, +agreeable to a form to be prescribed, a complete view of the whole +transactions which have occurred during the preceding year, with a +full remittance for the balance due on the said account. + + 2d. That the _Metalic Stores_ which are deemed unserviceable + shall be deposited in a commodious Magazine in London, under + the charge of a responsible Agent, competent to such a + trust.--That it shall be his duty to employ proper + Artificers to convert all that are capable of being + converted into serviceable Stores, and when so renovated, to + be returned to Deptford Yard.--And such Metalic Stores as + are incapable of being converted into useful purposes at a + moderate expence, so as clearly to demonstrate a saving to + Government, shall be disposed of to founders and others, at + the best price that can be obtained. + +The Agent for Metalic Stores to be allowed 10 per Cent. on the value +as ascertained, by the original Invoice, founded on a survey and +valuation upon oath, and this to be in full of _Freight, Carriage, +Warehouse-rent, Insurance from fire, and all other expences, +including Commission for his trouble_, on all Stores that are again +converted to useful purposes; and 7-1/2 per cent. on the value of such +as are sold, in consequence of their being incapable of being rendered +useful; so as to make it the interest of the Agent to render as large +a portion useful as possible. + +It is presumed that by an arrangement of this kind, an immense sum +will be saved to the Public annually; who would retain the +Contractor's profit in all cases where Old Stores are received back at +the price of old Metal, and again returned at the full contract price, +after a small expence is incurred in converting them into serviceable +Stores. + + 3d. That in consequence of the superior resource for the + consumption of _Provisions, Casks_, &c. in London, the whole + of the unserviceable Victualing Stores (except such as from + their small value and bulky nature will not defray the + expences of conveyance) shall be collected in a large + repository in London, under the charge of an able and + intelligent Agent, who shall give proper security for his + faithful management; and conduct the sales upon the + principles already explained _for ready money only_, + rendering an account _and making his payments monthly_, and + a final Account and Inventory at the end of the year; to be + at the whole expence of removing the goods from the + different Repositories to the Magazine in London; to be + allowed 4 per Cent. Commission on the sales, and 6 per Cent. + in lieu of all charges. + + 4th. That the attention of the respective Boards may not be + diverted from other objects by attending to the details, + which will arise in the management of those establishments, + a superintending Agent shall be appointed, who shall receive + the directions of the different Boards, and correspond with + the local Agents.--He shall moreover be the _Receiver + General of the monthly remittances_, and shall immediately + pay the same as directed by the Lords Commissioners of the + Admiralty.--It will be his duty to arrange the shipping of + Old Stores from the different Yards, in conformity to the + wants or demands of the respective Agents, so as to keep up + their several assortments, by conveying to each not only + such articles, (as far as it can be done) as are most in + demand, but also such as comparatively fetch the best + price.--He shall receive the monthly and yearly accounts, + and lay an abstract of the same before the Lords of the + Admiralty, and the Navy and Victualing Board respectively, + as they apply to their different departments, and shall be + the general medium of communication from the respective + Boards to the local Agents.--The superintending Agent shall + transmit a regular invoice to the local Agents of all goods + shipped:--Shall keep regular books and accounts of all + transactions under his charge, and shall receive for his + trouble _1 per cent._ on the Remittances or Payments which + he may make, under the directions of the Lords of the + Admiralty. + +By this arrangement it will be the interest of all the parties +concerned, to render the sale as productive as possible; and as the +stores in question will constantly be exposed to sale, where the +demand for such articles is most extensive, the probability is, that +higher prices will be obtained than at present; and that upon the +whole, after paying all expences, a larger aggregate sum will be +received annually by Government, since, as the sales are only to be +made to the actual Containers, the Dealer's profit will make a part of +the Sale Price, and will be thereby secured to the Public. As men of +the first character and respectability may be expected to solicit for +such Commissions, no doubt can be entertained, either of the purity of +their conduct, or their exertions to sell to the best advantage. Their +credit and interest, and also the emulation between one Agent and +another, as to who shall make the best sales, will prove a powerful +stimulus and a strong ground of security.--Above all, the plan is easy +and practicable:--It imposes no trouble upon the superior or inferior +officers in the different Naval Departments, and no doubt can be +entertained, that while it shuts up all the avenues to fraud and +peculation, which at present operate so powerfully in facilitating the +stealing and embezzling of Naval and Victualing Stores, in the result +it will prove highly beneficial to Government. + + +V. THE PERQUISITE OF CHIPS. + +The extensive evils arising from the permission granted to Artificers +in the Dock-yards, to convert chips to their own use, and to remove +them in bundles from the Dock-yards, having already been noticed, it +may only be necessary to add, that on the abolition of this +perquisite, which the Author has reason to believe is now in +contemplation, a liberal increase of wages should be made to the +Artificers in lieu thereof; and that hereafter Chips should not be +sold in the Yards by Public Auction, but removed to a place of deposit +at some small distance, and disposed of, not to the highest bidder, +but at such price as should be offered above the estimated value, and +by no means by contract. + +By adopting this mode, the saving of _useful Timber, Time, and +Property_, which, through the medium of the existing practice, is +_purloined, lost and stolen_, would probably exceed any estimate that +has been formed from a view of the present abuses. + +This measure, while it forms an important Link in the preventive +Chain, would appear to be easy and practicable. + +If necessary the superintending Agent for unserviceable stores, whose +functions have already been explained, could take upon him the sole +management of the disposal of the chips at the different Yards, by +which a handsome sum might be obtained annually in aid of the +resources of the State, perhaps more than would be sufficient to pay +the additional wages of the Artificers, while no existing arrangement +in the Yards would be disturbed, nor any trouble given to the +Officers, who at present fill the respective Departments in those +Arsenals. + + +VI. THE ABOLITION OF FEES AND PERQUISITES, AND AN INCREASE OF +SALARIES. + +The total Abolition of Fees guarded by the severest penalties, is an +important object in the preventive System: Until this is effected, it +will be in vain to expect purity of conduct. Under this pretext, men +of loose principles, in transactions with Government, seldom fail to +seduce from the strict line of their duty, _avaricious, extravagant, +or indigent Officers_, whose business it is to check and control the +receipt and delivery of property, and to _arrange, settle, and adjust +Accounts_, or _to form Public Documents_. The delusion and seduction +of these Officers is not seldom effected by the supposed liberality of +those whose business must pass through their hands; and they are not +at all times perfectly aware of the injury that is done to the Public. + +It has already been observed, and it is a circumstance much to be +lamented, that in too many instances, where individuals have pecuniary +transactions with any of the Departments of Government, a dereliction +of principle is apparent which does not extend to the general +intercourse of society, and hence arises the necessity of _stronger +guards_, where the Public interest is concerned; and nothing appears +to be better calculated to counteract this baneful propensity in the +human mind than _the total abolition of fees and perquisites_. + +It is said to be no uncommon thing to pay 300_l._ for a Clerk's +situation in the Dock-yards, where the salary does not exceed 30_l._ +or 40_l._ a year; and it is known that some who hold such situations +live very expensively. It may be fairly asked, in what manner a person +so situated is to reimburse himself? the conclusion is obvious, and +the result has been already explained, which may perhaps be still +farther elucidated by stating the following fact:-- + +An Officer of Justice having discovered some instances of pillage and +peculation going forward in the course of the removal of old copper +and other articles, from a dismantled ship of war, complained to the +Store-keeper in the Dock-yard, whose province it was to have received +those articles into his charge, which were conveyed elsewhere.--He +replied thus: "D--n it, mind your own business.--Such things have +always been done, and will continue in spite of you and me; it will, +at any rate, last our time." + +While the resources of Government are fully commensurate to the +liberal remuneration of its servants, so as to place them above all +temptations to abuse the trust reposed in them: and while such +remuneration is in itself no less politic than just, the object and +view of the Author of these pages differs widely from this faithless +servant of the Crown. The suggestions now offered, lead to measures, +which he now trusts to the honour and credit of those respectable +characters, at the head of the different departments, are in the best +train of being adopted, by the total abolition of Fees and +Perquisites, and a liberal Increase of Salary, in lieu of the +reduction of income, which such an arrangement will occasion: Such +salaries as will secure to the Nation those inestimable advantages, +which always result from _rectitude of conduct_, _zeal_, _accuracy_, +and _fidelity_, in the discharge of Public trusts committed to +subordinate Officers. It is by this and other wise and practicable +arrangements, that a confidence is to be established, "that the +resources of the State _will not only last our time_," but extend to +many generations; while the improvement of Public morals will +contribute, in an eminent degree, to the happiness and prosperity of +the country. + + +VII. AN IMPROVED MODE OF KEEPING ACCOUNTS. + +Under an impression, that very few improvements have been introduced, +since the establishment of the original System, for keeping the Navy +and Victualing Accounts, brought forward by KING JAMES II. when Duke +of York; while the frauds which have been committed by various +devices, prove some imperfections in the mode of accomptantship as now +practised, since no means appear to exist, whereby deficiencies can be +checked and discovered; it may be worthy of inquiry, whether many of +the modern improvements, which the vast extent of our Commerce has +introduced, might not be rendered useful in establishing new Checks, +by means of a System of Book-keeping, which would have the same effect +in detecting frauds, and discovering inaccuracies, as prevails in +arranging and closing the accounts of well-regulated Commercial +Establishments; adopting at the same time in the general detail, +particularly in the transit of stores, some of these excellent +regulations, which have been found so salutary and useful in the +system of the Excise. Of the practicability of improvements of this +nature there can be little doubt, since it merely depends on the +exercise of that _knowledge, attention_, and _assiduity_, which, when +properly exerted, has generally accomplished objects, which have often +appeared impracticable to minds uninformed, or not enlarged by an +extensive intercourse with the world, or a knowledge of the general +affairs of life:--But as this observation can in no respect apply to +the respectable and intelligent Individuals, who superintend the Great +Public Concerns, which have been subject to the various abuses, which +they feel so anxious to remedy, sanguine hopes are entertained, that +an improvement in the mode of keeping the Official Accounts may be +speedily carried into effect. + + +VIII. AN ANNUAL INVENTORY OF STORES. + +Supposing an accurate System of Book-keeping to be adopted, and to be +followed as a part of the proposed System of Accuracy, indispensably +necessary, _by an annual account of Stores_; the advantages resulting +from it are not to be estimated by the most sanguine mind. Independent +of the benefits which would arise from the general accuracy, which +would thus incircle the whole oeconomy of the design, discoveries +would be made wherever frauds or embezzlements took place, while the +labour and expence, which such a task might impose, would be +compensated one hundred fold, in the National advantages which it +would produce. + + * * * * * + +Thus has the Author briefly gone over the whole ground, which he had +assigned to himself, as comprehending every object on the subject of +the depredations on his Majesty's Stores, which appeared likely to +render his suggestions useful to his country, whether they relate to +improved Legislative Regulations requiring the aid of Parliament, or +to Measures competent for the Lords Commissioners of the Admiralty to +carry into effect. In the prosecution of this task he has been +stimulated in a particular degree, by the laudable and patriotic +disposition, which has been manifested to promote improvements in +Naval Police, and the honourable proofs he has received of a desire +to render his suggestions useful. + +If the period should indeed arrive (and it is to be hoped it may soon +arrive) when these suggestions, or even a part of them, shall be acted +upon, in a manner calculated to promote the National Interest, the +Author of these pages will then feel himself gratified, and rewarded +by the pleasing reflection, that his well-meant labours, in placing an +important branch of the political oeconomy of the country in this +particular point of view, have not been in vain. + + + + +CHAP. X. + + _Receivers of stolen Goods more mischievous than + Thieves;--the latter could not exist without the assistance + of the former:--the Suppression therefore of Receivers would + restore to Society, and to honest Industry, a great number + who at present live by crimes.--The increase of Receivers of + stolen Goods to be attributed to the imperfection of the + Laws, and to the disjointed state of the Police of the + Metropolis.--The number of common Receivers does not exceed + sixty; of whom not above ten are persons of property able to + purchase valuable articles.--Thieves, in many instances, + settle with receivers before they commit + robberies:--Receivers always benefit more than + Thieves:--Their profit immense:--They are divided into two + classes.--The immediate Receivers connected with Thieves, + and those who keep shops and purchase from Pilferers in the + way of trade:--The latter are extremely numerous.--The Laws + are insufficient effectually to reach either class.--The + existing statutes examined and briefly detailed, namely, the + 3d and 4th of William and Mary, cap. 9; the 1st Anne, cap. + 9; the 5th of Anne, cap. 31; 4 George I. cap. 11; 29 George + II. cap. 30; 30 George II. cap. 24; 2 George III. cap. 28; + 10 George III. cap. 48; 21 George III. cap. 69; 22 George + III. cap. 58.--Observations on these respective + statutes.--Amendments and improvements suggested.--Means + proposed to ensure the due execution of these improvements._ + + +Having in the preceding Chapters completed the proposed explanation of +the various depredations and frauds upon the Public: It remains now, +in the order of the plan, to examine and follow up the progress of +this property, from the hands of _Thieves_, _Robbers_, _Cheats_, and +_Swindlers_, to that of _Receivers_, or first Purchasers of Goods +stolen or fraudulently obtained. + +In contemplating the characters of all these different classes of +delinquents, there can be little hesitation in pronouncing the +_Receivers_ to be the most _mischievous of the whole_; inasmuch as +without the aid they afford, in purchasing and concealing every +species of property stolen or fraudulently obtained, Thieves, Robbers, +and Swindlers, as has already been frequently observed, must quit the +trade, as unproductive and hazardous in the extreme. + +Nothing therefore can be more just than the old observation, "_that if +there were no Receivers there would be no Thieves_."--Deprive a thief +of a sale and ready market for his goods, and he is undone. + +Let the strong arm of the law, and the vigour and energy of the Police +be directed in a particular manner against _Receivers_; and the chief +part of those robberies and burglaries, which are so much dreaded, on +account of the acts of violence which attend them, _would absolutely +cease to exist_:--and the resource for plunder being thus narrowed in +so great a degree, robberies on the highway would _alone_ seldom +answer the purpose of the adventurer; where the risk would be so +exceedingly multiplied, while the advantages were in the same +proportion diminished;--the result therefore would be, that in _the +suppression of the Receivers_, the encouragement to become Thieves and +Robbers would be taken away: and the present Depredators upon the +Public must either return to honest labour as useful members of the +State, or submit to be starved. + +Obvious and desirable however as a measure of this sort would be, it +has never hitherto been put in practice. This has proceeded from a +variety of causes; one of the principal of which is the disjointed +state of the Police of the Metropolis, occasioned by a number of +jurisdictions clashing with each other, and preventing the full +operation of a proper system of vigilance and energy; which, with the +aid of apposite and improved laws and a superintending agency, could +not fail, either to root out all the Receivers of stolen Goods of any +consequence, or compel them to abandon their mischievous trade. + +These observations apply to that class of Receivers alone, who are in +immediate connection with the thieves, burglars, and highway +robbers;--and who aid and assist them in the purchase and concealment +of whatever is stolen.--From the best information that can be +obtained, their number does not exceed _fifty_ or _sixty in all_; of +whom not more than ten, (whose names and places of abode are well +known) can be said to be persons of property who can raise money to +purchase articles of considerable value. + +Aided by a well-regulated and energetic system of Police that might +pervade the whole Metropolis, how easy would it be, to compel these +large dealers to abandon the trade? The measure of watching their +houses day and night, would cost no great sum, and would embarrass the +thieves and burglars, more than any other system that could be +pursued. + +It rarely happens that thieves go upon the highway, or commit +burglaries, until the money they have previously acquired is +exhausted. Having laid their plans for new depredations, negociation +is frequently entered upon with the most favourite Receiver, who (to +use their own language) is likely to be _staunch_, and to keep their +secrets.--The plan is explained.--Some liquor is drunk to the good +luck of the enterprize, and the hour fixed when they are to return +with the booty: if plate is expected, the crucible is ready in a small +furnace, built for the purpose, instantly to melt it, and arrangements +are made for the immediate concealment of the other articles.--Of the +nature of these previous arrangements, something has already been said +in Chap. IV. on Burglary and Highway Robbery. + +There are, however, exceptions to this rule, where the Receivers are +not trusted till the booty is acquired; and where it is in the first +instance removed to the houses of the thieves, or to those of some of +their friends; but it seldom remains longer than may be necessary to +obliterate the marks: for money must be procured. Most thieves are +improvident; their wants are therefore pressing--they _must_ +sell--the Receiver knows this and makes his own terms;--and he of +course enjoys by far the largest share of the profit. + +The plunder thus purchased, finds a ready vent through the extensive +connections of the Jew dealers, both in this Country and upon the +Continent: and from the facts already stated in the course of this +Work, it may easily be conceived that the trade is not only extensive, +but that the profit is immense, since it rarely happens (except in the +articles of plate,) that thieves receive to the amount of above +one-third; or one-fourth of the value of what is stolen. + +The mass of the Receivers of stolen property in and near the +Metropolis, (exclusive of those more immediately concerned in +River-plunder, as stated in Chapter VIII. on that subject,) may be +classed in two divisions: + + "1. The Dealers already mentioned, as immediately connected + with professed and notorious thieves, and who are their + principal supporters, especially when apprehended and under + prosecution. Many of these have themselves been originally + thieves upon the town, _acquitted, pardoned, or discharged + from the hulks_: who prefer the trade of a Receiver as less + hazardous and more profitable, than that of a thief; and to + conceal the fraud frequently set up _Chandlers-Shops_, + _Coal-Sheds_, _Potatoe-Warehouses_, or _Old Iron-Shops_, and + not seldom become _Masters of Public Houses_, that they may + appear to have some _visible_ means of obtaining a + livelihood. Those who have not been originally thieves + generally keep shops in different branches of trade, some of + whom are very opulent. + + "2. The Dealers in _Old Iron and other Metal--Rags--Old + Wearing Apparel--Buyers, Refiners, and Workers of Gold and + Silver--Dealers in Second-hand Furniture, and Building + Materials, and that Class of Sharping Pawnbrokers who have + connections with criminal people_. + + "The Dealers last mentioned are extremely numerous, and + amount to several thousands in the Metropolis alone, some of + whom are _innocent Receivers_, not aware that they are + purchasing stolen articles;--others, _careless Receivers_, + asking no questions, and purchasing every thing that is + offered:--but a large proportion of _criminal Receivers_, + who purchase every thing that is offered _in the way of + trade_; well knowing, from the price and other + circumstances, that the property was originally stolen." + +As the Laws now stand, (numerous, and pointed as they appear to be) it +has been found from experience, that neither of these classes can be +easily reached; and hence it is that they have multiplied in so great +a degree, (particularly the small Receivers) within the last twenty +years, and may even be said to have reigned with impunity. + +For the purpose of suggesting an effectual legislative Remedy, it +will be necessary to examine shortly the laws now in being, which are +applicable to this peculiar offence.-- + +By the Statute of the 3d and 4th of William and Mary, cap. 9, it is +enacted, "_that Receivers of stolen Goods, knowing them to be stolen, +shall be deemed Accessaries after the fact_." + +But this offence being dependent on the fate of the Principal--a +Receiver, thus circumstanced, could not be tried till after the +conviction of such Principal; so that, however strong and conclusive +the evidence might be, the Receiver was still safe, unless the Thief +could be apprehended--and even if apprehended and put upon his trial, +if acquitted through any defect of evidence, the Receiver, (although +he had actually confessed the crime, and the goods found in his +possession, could be proved to have been stolen,) must be +acquitted:--this offence also, even if completely proved, applied only +to capital felonies, and _not to petty larceny_. + +These defects were discovered, and partly remedied by the Statutes 1 +Anne, cap. 9; and 5 Anne, cap. 31, which enact, "_That Buyers and +Receivers of stolen Goods, knowing them to be stolen, may be +prosecuted for a misdemeanor, and punished by fine and imprisonment; +though the Principal be not previously convicted of felony_." + +This Act, 5 Anne, c. 31, also greatly improved the Laws applicable to +this species of offence by _empowering the Court to substitute a +corporal punishment instead of fine and imprisonment; and by +declaring, that if the felony shall be proved against the Thief, then +the Receiver shall be taken as Accessary, and shall receive judgment +of death; but the benefit of Clergy is reserved_. + +The Laws being still found insufficient, the Statute of the fourth of +George the First, cap. 11, enacted, "_That Receivers of stolen Goods, +knowing them to be stolen, should, on conviction, be transported for +fourteen years; and that buying at an under value should be +presumptive evidence of such knowledge_:--and the same statute _makes +it felony (according to the nature of the felony committed in stealing +the Goods) for any person directly or indirectly to take a reward for +helping any person to stolen Goods; unless such person bring the felon +to his trial, and give evidence against him_." + +But these amendments also proving ineffectual, and not being found to +apply immediately to persons receiving stolen _lead, iron, copper, +brass, bell-metal or solder_ taken from buildings, or from ships, +vessels, wharfs, or quays--It was enacted by the 29th of George the +Second, cap. 30, "_That every person who shall buy or Receive such +articles, knowing the same to be stolen, or who shall privately +purchase these respective metals by suffering any door, window, or +shutter, to be left open between sun-setting and sun-rising, or shall +buy or receive any of the said metals in any clandestine manner, +shall, on conviction, be transported for fourteen years, although the +principal felon has not been convicted_." Sec. 1. + +The same Act _empowers one Justice to grant a warrant to search in the +day time for such metals suspected to be stolen, as by the oath of one +witness may appear to be deposited or concealed in any house or +place_; and if goods are found, the Act goes so far as _to empower two +Justices to adjudge the person having the custody of the same, guilty +of a misdemeanor, if he cannot produce the party from whom he +purchased, or give a satisfactory account how they came into his +possession; and the offender shall, for the first offence forfeit +40s. for the second 4l. and for every subsequent offence 6l._ +Sec. 2; 6. + +This Act also _empowers officers of justice (and watchmen while on +duty) to apprehend all persons suspected of conveying any stolen +metals, as already described, after sun-set or before sun-rise; and if +such persons cannot give a good account of the manner in which they +were obtained, two Magistrates are in like manner authorized to +adjudge them guilty of a misdemeanor, and they forfeit forty +shillings, &c._ Sec. 3; 6. + +_The persons also to whom such articles are offered for sale or to be +pawned, where there is reasonable ground to suppose they were stolen, +are empowered to apprehend and secure the parties and the materials, +to be dealt with according to law. And if it shall appear even on the +evidence of the thief, corroborated by other testimony, that there was +cause to suspect the goods were stolen, and that the person to whom +they were offered, did not do his duty in apprehending the person +offering the same, he shall be adjudged guilty of a misdemeanor, and +forfeit twenty shillings for the first offence: forty shillings for +the second, and four pounds for every subsequent offence_, Sec. 5, 6. +And so anxious has the Legislature been to suppress the evil of +stealing and receiving metals, that the 8th Section _entitles the +actual Thief to a pardon, on the discovery and conviction of two or +more of the Receivers_. And the 9th Section _screens from prosecution +any person stealing such metals, who shall discover the Receiver to +whom the same were delivered, so as a conviction may follow_.--In +spite, however, of these numerous and apparently effectual checks, it +is to be lamented that the evil has continued to increase. + +In the following year it was provided by the Act 30th of George the +Second, cap. 24, _that it shall be lawful for any Pawnbroker, or any +other dealer, their servants or agents, to whom any goods shall be +offered to be pawned, exchanged, or sold, which shall be suspected to +be stolen, to seize and detain the persons offering the same, for the +purpose of being examined by a Justice; who is empowered, if he sees +any grounds to apprehend that the goods have been illegally obtained, +to commit the persons, offering the same, to prison for a period not +exceeding six days; and if on further examination, the Justice shall +be satisfied that the goods were stolen, he shall commit the offender +to prison, to be dealt with according to Law; and although it may, +under such circumstances, afterwards appear that the goods in question +were fairly obtained, yet the parties who seized the supposed offender +shall be indemnified_.--Sec. 7, 8. + +It would have been useful if the principles of the first of these +excellent acts had extended to every kind of goods and chattels, +_horses_, _cattle_, _money_, and _Bank-notes_,[76] as well as to the +metals therein described. Indeed it is to be lamented, that the System +has not been to look at great features of abuse in _the gross_, so as +to meet every existing evil at once. Thus another partial Statute was +made, 2 George III. _c._ 28, extending the provisions of the 29th Geo. +II. _c._ 30. to goods, stores, or materials taken from ships in the +River Thames, by enacting, "_that all persons purchasing such goods, +knowing them to be stolen, or receiving the same in a concealed or +clandestine manner between sun-setting and sun-rising, shall be +transported for fourteen years, although the principal felon be not +convicted_:" but by the wording of this Act, it is doubtful if it +applies to receiving goods stolen from vessels not afloat in the +river.[77] + +[Footnote 76: Vide Page 9.] + +[Footnote 77: It was held in the trial of Moses Pike, at the Old +Bailey, in May, 1784, that to steal from a Barge aground in +Limehouse-Dock, was not within the meaning of the Act of 24th of +George the Second, cap. 45, which makes it felony to steal from any +vessel or craft upon a Navigable River, &c.] + +The next Statute applicable to the Receivers of stolen goods, is the +10th of George III. cap. 48, by which it is enacted, "_that every +person who shall buy or receive any jewels, gold, silver, plate or +watches, knowing the same to be stolen, where such stealing was +accompanied by a burglary or highway robbery, may be tried as well +before as after the principal felon is convicted; and whether he be +in, or out of custody; and if found guilty, shall be transported for +fourteen years_." + +Eleven years after passing of the above mentioned Statute, the +Legislature, appearing to be impressed with the great extent of the +depredations committed by persons stealing _pewter pots_, and desirous +to punish the Receivers, the Statute of the 21st of George the Third, +cap. 69, enacts, "_that every person who shall buy or receive any +pewter pot or other vessel, or any pewter in any form or shape +whatsoever, knowing the same to be stolen, or who shall privately buy +or receive stolen pewter, in a clandestine manner, between sun-setting +and sun-rising, shall on conviction, be transported for seven years, +or detained in the House of Correction, at hard labour for a term not +exceeding three years, nor less than one; and may be whipped not more +than three times; although the principal felon has not been +convicted_." + +In the following Session of Parliament, the Statute 22 George III. c. +28. (said to have been framed by an able and experienced Lawyer and +Magistrate),[78] removed many of the imperfections of former Statutes, +and particularly that which respected Petty Larceny; by enacting, +"_that where any goods (except lead, iron, copper, brass, bell-metal, +or solder, the Receivers of which are punishable under the_ 29th +George II. c. 30. _noticed before, p. 295.) have been stolen, whether +the offence amount to Grand Larceny, or some greater offence, or to +Petty Larceny only; (except where the offender_ has been convicted _of +Grand Larceny, or some greater offence; when the Receiver must be +prosecuted as an Accessary, and under the 4th_ George I. c. 11, _may +be transported for fourteen years_; see page 295.)--_Every person who +shall buy or receive the same, knowing them to be stolen, shall be +guilty of a misdemeanor, and punished by fine, imprisonment, or +whipping, as the Quarter Sessions, who are empowered to try offenders, +or any other Court before whom they shall be tried, shall think fit, +although the Principal be not convicted; and if the felony amounts to +Grand Larceny, or some greater offence, and the person committing such +felony has not been before convicted, such offender shall be exempted +from being punished as Accessary, if the principal shall be afterwards +convicted_."--Sect. 1. + +[Footnote 78: Mr. Serjeant ADAIR, then Recorder of London.] + +This Act also empowers _one Justice to grant a warrant to search for +stolen goods in the day time, on oath being made that there are just +grounds of suspicion; and the person concealing the said goods, or in +whose custody they are found, shall in like manner be guilty of a +misdemeanor, and punished in the manner before-mentioned_.--Sect. 9. + +The same Act extended the powers granted by former Acts relative to +metals, _to any other kind of goods: by authorizing peace officers +(and also watchmen while on duty) to apprehend all persons suspected +of carrying stolen goods after sun-setting and before sun-rising, who +shall, on conviction, be adjudged guilty of a misdemeanor, and +imprisoned, not exceeding six, nor less than three months_.--Sec. 3. + +Power is also given by this Act _to any person to whom goods, +suspected to be stolen, shall be offered to be sold or pawned, to +apprehend the person offering the same, and to carry him before a +Justice_.--Sec. 4. + +And as an encouragement to young Thieves to discover the Receivers, +the same Act provides, _That if any person or persons being out of +custody, or in custody, if under the age of 15 years, upon any charge +of felony, within benefit of Clergy, shall have committed any felony, +and shall discover two Receivers, so as that they shall be convicted, +such Discoverer shall have pardon for all felonies by him committed +before such discovery_. + +These various Acts of Parliament prove how very prominent the evil of +receiving stolen goods has been in the view of the Legislature.--It is +to be lamented however, that a more general and comprehensive view has +not been taken of the subject, by substituting, instead of the +piece-meal System which has been from time to time adopted, on +suggestions applicable only to particular cases, _one general law that +should have embraced every object_, and remedied every defect in the +existing Statutes, on this important subject of criminal +jurisprudence. + +That these Laws, numerous as they are, and applicable as many of them +appear to be, have not been in any degree effectual, is clearly +manifested by the unquestionable increase of the evil, even to an +extent beyond all calculation. + +Under such circumstances, where the Receiver is in reality the +greatest offender, and even the source from whence most of the +burglaries and highway robberies have their origin, the Thief being +not seldom his pupil--_Why should not the Receipt of Stolen Goods be +made an original offence?[79]--Why should not the rewards for +detection, and the punishment on conviction, be the same, in the case +both of the Receiver and the Thief?_ + +[Footnote 79: The general rule of the ancient Law is this;--that +Accessaries shall suffer the same punishment as Principals. If one be +liable to death, the other is also liable. BLACKSTONE. + +In France, (before the Revolution) the offence of receiving stolen +goods was punished with death.] + +In contemplating the best means of preventing depredations upon the +public, the simplest and perhaps the most effectual mode would be to +_make a stand at this particular point_; by bending the attention +_wholly_ to the means of destroying effectually _the trade of +Receiving stolen goods_; under the fullest conviction that by +accomplishing so valuable a purpose, thieving and swindling in all its +branches would also be, in a great measure, destroyed. + +It is believed, that this object (difficult as it may appear) is +attainable, by well digested applicable laws, containing and enforcing +such regulations as would ensure a full and energetic execution. + +The importance of a measure of this kind is so immense, that if even a +considerable part of one Session of Parliament were employed in +devising and legalizing a proper System, it would be time well and +usefully spent for the benefit of the Country. + +The obvious means of remedy seem to lie within a narrow compass. The +first point to be obtained is the _Licensing_ all those dealers (some +of them already particularized in pages 292, 293), whose various +branches of trade are friendly to the encouragement of depredations; +and the putting them under the control of the _Central Board of +Police_, in the manner stated more fully in the concluding part of +this Work.-- + +The next step must be to consolidate and improve the Laws now in +being, relative to _Receivers of stolen goods_; by an arrangement +which shall render the whole _clear_ and _explicit_, and applicable to +all the evils which have been felt to exist. + +And lastly to make the following additions to these Laws: + + "1. To make the receiving stolen goods an _original + offence_; punishable in the same manner, in all cases, as + the principal felony is punishable by Law. + + "2. The offence of receiving _money, bank notes, horses, + cattle, poultry_, or _any matter_ or thing whatsoever, to be + the same as receiving goods and chattels. + + "3. The persons committing any felony or larceny to be + competent to give evidence against the Receiver, and _vice + versa_; Provided that the testimony and evidence of such + Principal Felon against the Receiver, or the evidence of the + Receiver against the Principal Felon, shall not be of itself + sufficient to convict, without other concurrent evidence: + and that the offenders so giving evidence shall be entitled + to his Majesty's pardon, and also to a reward of from 10_l._ + to 50_l._ as hereafter mentioned; unless they shall be found + guilty of wilful and corrupt perjury.--_By this means the + Thief will be set against the Receiver, and the Receiver + against the Thief._ + + "4. That rewards be paid for the detection and apprehension + of Receivers as well as Thieves, in all cases whatsoever, + according to the discretion of the Judge; _whether there + shall be a conviction or not_; which reward shall not be + less than _ten_ and may extend to _fifty pounds_. + + "5. That the various classes of dealers to be licensed shall + enter into recognizance for their good behaviour: and that + no licences be granted to persons having been convicted of + felony or perjury, nor to any but such as can obtain and + produce a certificate of good character. + + "6. That all such licensed dealers, as also _Publicans_, + _Pawnbrokers_, &c. shall be subject to a penalty for + concealing any stolen goods which may come into their + possession, after the same are advertised;--or punished with + transportation, if it can be made appear that such goods + were purchased at an under value, being known to be stolen. + + "7. That all drivers of Hackney-Coaches, employed to take + fares after twelve o'clock at night, shall be licensed by + the Magistrates of the division; and shall enter into + recognizance for their good behaviour, themselves and one + surety in 50_l._ at least; and that every such coachman + shall be obliged, whenever he carries any goods or + valuables, to make a report of the same, on the following + morning, to the Magistrate of his district, if no suspicion + arises as to any improper or felonious intention; but in all + cases where a felonious intention shall appear, the coachman + to be authorized and required to call the assistance of the + watchmen and patroles, and to seize and apprehend the + parties, and lodge them and the goods in the nearest + watch-house; there to be kept until brought before a + justice, at the Public-Office of the district, on the + following morning: And although it may ultimately appear + that the coachman was mistaken and the parties innocent, yet + where it shall be manifest to the Justice that he hath acted + _bona fide_, he shall not be liable to any prosecution:[80] + and if it shall appear that the goods so conveyed _were_ + stolen property, then the coachman shall be entitled, + whether a conviction shall follow or not, to a reward of + _two guineas_; and in all cases where a prosecution shall + follow, he shall be entitled to such further reward as the + Court shall think proper. + + [Footnote 80: Vide Act 30 Geo. II. cap. 24.] + + "8. That all watchmen or patroles who shall appear upon + proper proof to connive at the commission of felonies[81] in + the night time, or while they are on duty; or shall + knowingly conceal any felonious removal of stolen goods, or + goods suspected to be stolen, and conveying to Receivers' + houses, shall be deemed guilty of a misdemeanor, and liable + to be _imprisoned_, _whipt_, or _put in the pillory_.--And + in _all cases_ where such watchmen or patroles shall observe + any goods or other articles conveyed in Hackney-coaches, or + in any other manner, while they are upon duty, from one + place to another, they shall report the same to the Justices + at the nearest Public Office, in the morning: But if they + shall have good grounds to suspect a felonious intention, + and that the property is stolen, the goods and all the + parties concerned shall be conveyed to the nearest + watch-house, for the purpose of being brought before a + Magistrate; and such watchmen (acting _bona fide_) shall not + be liable to any prosecution in case of a mistake; and if a + felony shall have been actually committed, they shall each + be entitled to one guinea, besides their proportion of any + future reward which may be ordered by the Court who shall + try the offenders.[82]" + + [Footnote 81: An Officer of Police who was watching the + house of a noted Receiver, in St. James's parish, being + taken for a Thief by the watchmen, the latter entered into + conversation with him, and naming the Receiver, he told the + Officer that he being very liberal and kind to them, they + did not disturb any person going to his house; and if he had + any thing to carry there, he would step out of sight, so as + to be able to say he had seen nothing.] + + [Footnote 82: Vide Act 30 Geo. II. cap. 24.] + +In the formation of such a System, it is absolutely necessary that +care should be taken to secure a _regular_ and perfect _execution_, by +means of a proper superintendance and inspection:--without this, the +best laws will remain a _dead letter_.--Such has, in fact, been the +case in a great measure with respect to several of the very excellent +Statutes, now in force, relative to Receivers of stolen Goods; and +such also would be the case with regard to the laws relative to the +_Revenue_, if a System had not been established to secure their +execution. + +If it be allowed that the prevention of crimes is at least of as much +importance to Society, as any consideration connected with partial +revenue:--if experience has shewn that, after the skill and ingenuity +of the ablest lawyers and the most profound thinkers have been +exhausted in framing laws to meet offences, which are daily committed; +these offences are progressively increasing:--Is it not clear to +demonstration, that some _active principle_ is wanting, which does not +at present exist, for the purpose of rendering these laws effectual? + +This principle of activity is, (it is humbly apprehended,) only to be +established by the introduction of such a System of _regulation_, as +shall attach to all classes of dealers, who, in their intercourse +with Society, are in the train of encouraging either directly or +collaterally, transactions of _an immoral_, _a fraudulent_, or a +_mischievous nature_. + +The idea is not new in the System of jurisprudence of the +country;--Publicans have long been under regulations prescribed by +Magistrates; Pawnbrokers also have been of late years regulated to a +certain extent by Statute.--Let the same principle be extended to the +other dealers alluded to; and let the Legislature, profiting by that +experience which has manifested the cause of the inefficacy of a vast +number of penal Statutes, establish such a system of _regulation_, +_inspection_, and _superintendance_, as will insure to the Public the +full benefits arising from good laws, administered with activity, +purity, and discretion. + +Nothing can evince in a greater degree the necessity of _inspecting_ +the execution of all _laws of regulation_ where the well-being of +Society is concerned, than the abuses which occur with regard to the +two classes just mentioned, namely, Public-houses and Pawnbrokers.--Many +excellent rules are established by the Legislature, and the +Magistrates; but while it is seldom the interest of the depraved or +dishonest part of these two classes to adhere to such rules, by what +means is the execution to be insured, so as to operate as a complete +protection to the Public?--surely not by the operation of the law +through the medium of common informers; since independent of the +invidious nature of the office, experience has shewn that the public +good rarely enters into the consideration of persons of this +description; who look merely to their own emolument, frequently +holding up the penalties as a rod by which money is privately +extorted, and the parties laid under contribution, for the purpose of +allowing them to continue in the practice of those abuses, which the +engine used for this nefarious purpose was meant to prevent. + +The System of Inspection, thus strongly and repeatedly recommended, +while it remedied these corrupt practices, by preventing the existence +of the evil, could only be disagreeable to _Fraudulent Dealers_. + +The honest and fair Tradesmen, as things are at present circumstanced, +are by no means on an equal footing with men who carry on business by +fraudulent devices.--Such fair traders who have nothing to dread, +would therefore rejoice at the System of inspection which is proposed, +and would submit to it cheerfully; as having an immediate tendency to +shield them from fraudulent competition, and to protect the Public +against knavery and dishonesty. + + + + +CHAP. XI. + + _The prominent Causes of the increase of Crimes reviewed and + considered:--Imputable in the first instance to deficient + Laws and an ill-regulated Police:--To the unfortunate habits + of the lower orders of the People in feeding their families + in Ale-houses.--To the bad and immoral Education of + Apprentices.--To the number of individuals broke down by + misfortunes arising from want of Industry.--To idle and + profligate Menial Servants out of place.--To the deplorable + state of the lower orders of the Jews of the Dutch and + German Synagogue.--To the depraved morals of Aquatic + Labourers.--To the Dealers in old Metals--Second-hand Ships' + Stores--Rags--Old Furniture--Old Building Materials--Old + Apparel: and Cart-keepers for removing these articles.--To + disreputable Pawnbrokers.--And finally to ill-regulated + Public-houses, and to the Superabundance of these + receptacles of idleness and vice.--Concluding Reflections on + the evils to the State and the Individual, which arise from + the excesses of the Labouring People._ + + +In contemplating the mass of turpitude which is developed in the +preceding Chapters, and which exhibit afflicted Society, groaning +under a pressure of evils and Public wrongs, which, but for the +different views which have been taken of the subject, could not have +been conceived to exist; it may be truly affirmed in the first +instance, that much is to be imputed to deficient and ill-executed +Laws, arising chiefly from the want of a proper System of Police. + +Offences of every description have their origin in the vicious and +immoral habits of the people, and in the facilities which the state of +manners and society, particularly in vulgar life, afford in generating +vicious and bad habits. + +In tracing the progress of those habits which are peculiar to the +lower orders of the Community in this great Metropolis, from infancy +to the adult state, the cause will be at once discovered, why that +_almost universal_ profligacy prevails, which, by being productive of +so much evil to the unfortunate Individuals as well as the Community +at large, cannot be sufficiently deplored. + +Before a child is perhaps able to lisp a sentence, it is carried by +its ill-fated mother to the tap-room of an ale-house;[83] in which are +assembled multitudes of low company, many of whom have been perhaps +reared in the same manner. The vilest and most profane and polluted +language, accompanied by oaths and imprecations, is uttered in these +haunts of idleness and dissipation.--Children follow their parents +during their progress to maturity, and are almost the constant +witnesses of their besotted courses.--Reduced, from their unfortunate +habits, to the necessity of occupying a miserable half furnished +lodging from week to week, there is no comfort at home.--No knowledge +of frugal cookery exists, by which a nourishing and palatable meal can +be provided, and frequently a sufficiency of fuel for that purpose is +not accessible.--A succedaneum is found in the ale-house at three +times the expence.--A common fire is provided for the guests, +calculated to convey that warmth which could not be obtained at home; +and food[84] and liquor is furnished at an expence which too seldom +leaves any part of the weekly earning for cloathing, and none at all +for education.--In this manner is a large proportion of what may be +denominated the lowest classes of the people reared in the +Metropolis;[85] and the result is, that while many of the adults are +lost to the state by premature death, from sottishness and +irregularity, not a few of their offspring are never raised to +manhood: But this is not all:--when by means of strong constitutions, +they survive the shocks which nature has sustained in its progress to +maturity under the influence of habits so exceedingly depraved, they +are restrained by no principle of morality or religion,[86] (for they +know nothing of either,) and only wait for opportunities, to plunge +into every excess and every crime. + +[Footnote 83: It is even a practice with not a few of the labouring +families in the Eastern part of the Town, to take lodgings in +Ale-houses.] + +[Footnote 84: Such is the thoughtless improvidence of this class of +the labouring people, that they are generally the first who indulge +themselves by eating Oysters, Lobsters, and Pickled Salmon, &c. when +first in Season, and long before these luxuries are considered as +accessible to the middle ranks of the Community; whose manners are +generally as virtuous as the others are depraved.] + +[Footnote 85: It is not to be inferred from this statement, that there +are not to be found even among the lower classes of the labouring +People in the Metropolis, many instances of honest and virtuous Poor, +whose distresses are to be attributed to the calamity of a failure of +employment, bad health, death of Parents or Children, and other causes +which human prudence cannot prevent; and particularly where the want +of opulent Inhabitants in several of the Eastern Parishes, renders it +necessary to assess _Indigence_ for the support of _Poverty_.--To +these Parishes and Hamlets the Poor resort, both from the nature of +their employments, and the impossibility of finding habitations any +where else.--They have perhaps no legal settlement where they reside, +or the funds of the Parish can afford but a very scanty and inadequate +relief. Depressed with sickness, and broke down and dispirited by +extreme poverty, the little furniture and apparel of Man, Woman, and +Child, is carried to the Pawn-broker's to obtain a scanty pittance for +the immediate support of life, until at length there does not remain +what is sufficient to cover nakedness.--In these miserable mansions +the Author has himself frequently witnessed scenes of distress, which +would rend the heart of the most unfeeling of the human species.--A +temporary and partial expedient has through the benevolence of the +Publick, been administered in the excellent institutions of +_Soup-houses_: but until the funds of the different Parishes can be +made _one Common Purse_, and an intelligent management substituted in +the place of an ignorant and incompetent superintendance, the evil +will not diminish.--To the opulent part of the Community the burden +would never be felt.--At present, where the most indigent are +assessed, the rates are double and treble those in the rich +Parishes.--It is principally to this cause, that Poverty is no where +to be found in so great a degree, cloathed in the garb of the +extremest misery and wretchedness, as in the Metropolis.--And it is to +this cause also, joined to various others explained in this Chapter, +_that above Twenty Thousand miserable Individuals of various classes, +rise up every morning without knowing how, or by what means they are +to be supported, during the passing day; or where, in many instances, +they are to lodge on the succeeding night_.] + +[Footnote 86: The Author has often had occasion to witness the extreme +ignorance of the younger part of this class, when called upon to give +evidence in judicial proceedings.--Of the nature of an oath they had +not the least conception,--nor even of the existence of a Supreme +Being.] + +Profligate and depraved as the lower orders of the People appear to +have been for several centuries in this great Metropolis, it would +seem that the practice of married females resorting to Public-houses, +and mixing generally in tap-rooms with the idle and dissolute, is an +evil habit of a very modern date; for the period is not even too +remote to be recollected, since it was considered as disgraceful for +Females who pretended to any degree of modesty to be seen in a +Public-house.--It is however now to be lamented that the obloquy of +thus exposing themselves has as little influence, as the rude and +obscene language they uniformly hear uttered. + +_Another cause_ of the increase of crimes, may be traced to the bad +and immoral education of Apprentices to Mechanical employments. + +Although many of their Masters may not be, and certainly are not, +composed of the class whose manners have just been depicted, yet their +habits lead them too generally to Public-houses, where no +inconsiderable proportion of their earnings are expended;--where low +gaming is introduced, producing ruin and distress to many families +even among the inferior ranks, who might otherwise have moved through +life with credit and reputation. + +The force of such an example on young minds is obvious.--No sooner +does an apprentice advance towards the last year of his time than he +thinks it incumbent upon him to follow the example of his master, by +learning to _smoke_.--This accomplishment acquired (according to his +conception), he is a fit associate for those who frequent +Public-houses. He resorts at first to those of a lower class, to avoid +his master or his relations.--There he meets with depraved company; +while he conceives he is following only the example of those whose +manners and habits he has been taught, by example, to imitate, he is +insensibly ensnared.--Having arrived at the age of puberty, and +meeting profligate females in those haunts of idleness, his passions +become inflamed.--The force of evil example overpowers him.--He too +becomes depraved.--Money must be procured to administer to the new +wants which are generated by depravity.--Aided by the facilities held +out by Old Iron Shops, he pilfers from his master to supply those +wants, or associates himself with Thieves, whose acquaintance he made +in progress of his seduction.[87] + +[Footnote 87: In the course of the Author's investigations, in his +official situation as a Magistrate, he actually discovered that clubs +of apprentice-boys were harboured in Public-houses, for the purpose of +supporting their fellow-apprentices who ran away from their masters. +The means of thus indulging themselves in lewdness and debauchery was +obtained by pilfering from their Masters, and disposing of the +property at Old Iron Shops.] + +Under the circumstances thus stated, where so many temptations assail +the young and inexperienced, the transition from innocence to guilt is +easy to be conceived.--And in a Metropolis where there are seldom +fewer than 150,000 apprentices bound to mechanical employments, the +crimes which spring from this source must be very extensive.--That +there are, however, many good and virtuous young men among the class +of apprentices, who, from a better education, or being under the +control of reputable masters, and attentive parents, escape the snare, +or resist these temptations, is _certain_; and fortunate too for the +best interests of Society. It is to be lamented, however, that the +major part, and particularly parish apprentices, have not always these +advantages; and hence it is that so many become disorderly, and +require the interference of legal authority and punishment for the +purpose of compelling obedience and good conduct.[88] + +[Footnote 88: It is to be feared that much evil arises from the want +of attention on the part of Masters among the superior classes of +Tradesmen with respect to their apprentices, who too seldom consider +the morals of their apprentices as a matter in which they have any +concern.--It is even the practice to allow apprentices a certain sum +of money weekly, for the purpose of enabling them to provide +themselves out of doors, and to prevent the trouble of boarding them +in the house. If it were possible for a Master, after exerting all his +ingenuity, to invent one mode more likely than another to ruin his +apprentices, it is by adopting this plan. If he means to subject +himself to great risques with respect to the security of his property, +he will permit his apprentice, at the age of puberty when open to +seduction, to be at large in this great Town, where he is liable to be +assailed by swindlers, cheats, and sharpers, who, availing themselves +of the inexperience of youth, may corrupt the mind, and give it a +wrong bias. The dangers arising from allowing apprentices to victual +out of doors, extend much farther than masters are generally aware of: +and they who suffer it do great injury to themselves, and even great +injustice to their apprentices, whose morals they are virtually, at +least, bound to preserve pure. This is not to be expected where +apprentices are not under the eye of the master at Meal-times. Their +Sundays, in such cases, are their own, which they waste in idleness, +not seldom in water-parties on the River, where they are introduced +into low and bad company, which gives frequently a taint to their +manners of the most injurious nature. The result is, that their +master, without reflecting that he himself was the cause of their +idleness, withdraws his confidence, and turns them adrift after their +time expires, if not before; and in the end ruin, as might well be +expected, inevitably ensues.] + +_Another cause_ of the increase of crimes, arises from the number of +individuals in various occupations among the lower and middling ranks +of life, (and which must naturally be expected in a large Metropolis) +who, from their own mismanagement and want of industry, or attention +to their business, are suddenly broke down, and in some degree +excluded from the regular intercourse with Society. Unable to find +employment, from want of character, or want of friends, with constant +demands upon them for the means of subsistence to themselves and +families, they resort to Public-houses, under the influence of +despondency, or to kill time which hangs heavy upon them. + +In these haunts of depravity they meet persons who perhaps have been +in the like circumstances; but who have resorted to illegal Lottery +Insurances, and other swindling devices for subsistence, under whose +banners they inlist; and thus strengthen the phalanx of low gamblers, +swindlers, and cheats, whose various pursuits have been developed in +this Work.--From one vice to another the transition is easy when the +mind becomes depraved, and the pursuits which are ultimately followed, +depend in a considerable degree on the persons with whom this class of +men associate.--If at the low gaming-houses, to which from idle habits +they are led to resort, they meet with highwaymen and footpads, they +are easily persuaded to become associates in their iniquitous +pursuits; or if in the wide range of their acquaintance, by living +chiefly in Public-houses, they become acquainted with venders of base +money, they enter with equal facility into their views, as a means of +supplying their pecuniary wants. + +In cases where they have been bred to ingenious mechanical +employments, they embrace, wherever a proper opportunity offers, such +propositions as may be made them, to become forgers of Bank Bills and +Notes, and Coiners of Counterfeit Money. + +Such is the lamentable progress of vice in the human mind, that by +degrees it embraces eagerly what could not have been indured at the +commencement of the career. + +_Another cause_ of the increase of Crimes in the Metropolis and its +environs, may be traced to the situation of idle and profligate menial +servants out of place, and destitute of the means of obtaining +situations from the loss of character.--These too, seek for resources +in Public-houses, where they soon become the associates of Thieves, +Pickpockets, Burglars, and Highwaymen; and it is believed to be +chiefly from this class, particularly _Riding Footmen_, and +_Postillions_, that the corps of Highway Robbers is constantly +recruited.--While others less skilled in horsemanship become Footpads, +Burglars, and Pickpockets. + +With the major part of this class the transition is easy--depravity +had previously taken hold of their minds--every other resource has +failed them, and to this they resort, as soon as they can find means, +to enlist in any gang that will receive them, where, to those who +confine themselves chiefly to burglaries, their knowledge of the +interior of the houses of their former masters, and their probable +acquaintance with some of the female servants, will be a considerable +recommendation, and even a ground of seduction. + +_Another Cause_, and no inconsiderable one, of the progress and +increase of crimes may be developed, by contemplating the deplorable +state and condition of the lower order of the Jews in the Metropolis, +who are of the Society of the Dutch Synagogue.[89]--Totally without +education, and very seldom trained to any trade or occupation by which +they can earn their livelihood by manual labour:--their youths +excluded from becoming apprentices, and their females from hiring +themselves generally as servants, on account of the superstitious +adherence to the mere ceremonial of their persuasion, as it respects +meat not killed by Jews, nothing can exceed their melancholy +condition, both with regard to themselves and Society. Thus excluded +from these resources, which other classes of the Community possess, +they seem to have no alternative but to resort to those tricks and +devices, which ingenuity suggests, to enable persons without an honest +means of subsistence to live in idleness. + +[Footnote 89: Another class of Jews which belong to the Portuguese +Synagogue are generally opulent and respectable, and hold no community +with the others; they use a different Liturgy and their language is +even different; their number does not exceed three thousand; they +never intermarry with the Jews of the Dutch Synagogue.--They generally +pride themselves on their Ancestry, and give their Children the best +education which can be obtained in the countries where they +reside.--While the Dutch Jews (or rather _the German Dutch Jews_) get +no education at all. Even the most affluent of them are said to be +generally unable either to read or write the language of the country +which gave them birth.--They confine themselves to a Bastard or vulgar +Hebrew which has little analogy to the original. The Portuguese +Synagogue has been established in England ever since the +Usurpation.--Their place of worship is in Bevis Marks.--The Members of +it being mostly wealthy are extremely attentive to their poor, among +whom there is said not to be a single beggar or itinerant.--The +Brokers upon the Exchange of the Jewish Persuasion, are all or chiefly +of the Portuguese Synagogue. Their number is limited to _Twelve_ by a +particular Act of Parliament.--Originally this privilege was given +gratis by the Lord Mayor, but afterwards 100_l._ was required, which +has gradually increased to _One Thousand Guineas for each Broker_. + +The schism between the two classes of Jews prevail all over the world, +though the rational Jews treat the distinction as absurd. + +The German Dutch Jews, who may amount to from twelve to fifteen +thousand have Six Synagogues, the principal of which are in _Duke's +Place, Leadenhall Street_, and _Church Row, Fenchurch Street_. They +observe the particular ritual of the German Synagogue, and also +include the _Polish_, _Russian_, and _Turkish Jews_, established in +London.--With the exception of three or four wealthy Individuals, and +as many Families who are in trade on the Royal Exchange, they are in +general a very indigent class of people, through whose medium crimes +are generated to a considerable extent.--Their Community is too poor +to afford them adequate relief, whence they have resorted to the +expedient of lending them small sums of money at interest to trade +upon, which is required to be repaid monthly or weekly, as the case +may be. Otherwise they forfeit all claim to this aid.--The reproach +arising from their evil practices and idleness, is said to have +engaged the attention of the respectable part of both Synagogues with +a view to a remedy, but all their attempts have been heretofore +unsuccessful.] + +The habits they thus acquire are the most mischievous and noxious to +the Community that can be conceived.--Having connexions wherever the +Dock-yards are situated, as well as in several other large trading +towns in the Kingdom, they become in many respects the medium through +which stolen goods are conveyed to and from the Metropolis; and as +their existence depends on this nefarious traffick, they keep alive a +System of Fraud and Depredation which, perhaps, is generated in a +greater degree by their peculiar situation in respect to Society, than +by any actual disposition on their parts to pursue these nefarious +practices. + +Even the system of supporting the poor of this Community, by lending +them small sums of money by which they may support themselves by a +species of petty traffick, contributes in no small degree to the +commission of crimes; since in order to render it productive to an +extent equal to the wants of families who do not acquire any material +aid by manual labour, they are induced to resort to unlawful means by +dealing in stolen goods and in counterfeit money, by which they become +public nuisances in the Countries where they receive an asylum. + +As there appears in reality to be no distinction made by the rational +part of the Jewish persuasion, between the Portuguese and the Dutch +Synagogues, it is earnestly to be hoped that the opulent and +respectable of the former Community will lend a helping hand in +devising some means of rescuing this part of the Nation of the Jews +who reside in England, from the reproach, which it is to be feared, +has been too justly cast upon them. Policy dictates the measure, while +humanity ardently pleads for it.--In so good a work every man of +feeling, be his religious persuasion what it may, will join in +promoting and carrying into effect a measure so beneficial to the +Community at large, by devising some means to render their labour +productive; since it is clear to demonstration that to the idle habits +of this numerous class of people, is to be ascribed a considerable +proportion of the petty crimes, as well as some of the more atrocious +offences by which the Metropolis and the Country is afflicted. + +_Another cause_ of the increase and multiplication of crimes has +arisen from the depraved morals of the Aquatic labourers and others, +employed on the wharfs and quays, and in ships, vessels, and craft, +upon the River Thames; and from the want, _until lately_, of an +appropriate Preventive System to check these depredations. + +The analogy between actual pillage and smuggling in the conception of +nautical labourers, and the uncontrolled habit of plunder which too +long existed, trained up myriads of delinquents who affixed in their +minds no degree of moral turpitude to the offence; which of course +extended itself both with respect to Commercial and Public Property +beyond all bounds, until a remedy was imperiously called for, and at +length applied by means of an experimental System of Police applicable +to that object. + +_Another cause, and certainly none of the least_, which has tended to +facilitate the commission of crimes, has been the want of a proper +control over persons of loose conduct and dishonest habits, who have +opened shops for the purchase and sale of _Old iron_, and _other +metals--Old stores--Rags--Old furniture--Old building materials, and +second-hand wearing apparel, and other goods_;--and _also +cart-keepers_ for the collection and removal of these articles from +place to place. + +The easy and concealed mode of disposing of pilfered articles, through +the medium of these receptacles, has tended more to the corruption of +the morals of youth, and to the multiplication of crimes, than it is +possible to conceive; nor has the mode of Licensing _Pawnbrokers_, +without a due regard to character and a more effectual control, been +in many respects less mischievous to the Community.--To the reputable +part of this class of dealers it is degrading and even cruel that the +reproach and stigma, arising from the nefarious practices of the +fraudulent, should unavoidably in the public mind, attach upon those +that are blameless, and fair in their dealings.--While the law admits +of no power of discrimination, and no means of excluding improper +characters exist, the evil must continue; and while it remains on the +present footing, it must also be considered as no inconsiderable +medium, by which both petty and more atrocious crimes are produced. + +_But perhaps the greatest source of delinquency and crimes is to be +ascribed to ill-regulated Public Houses_, conducted by men of loose +conduct and depraved morals--Since it is in these receptacles that the +corruption of morals originates.--It is here that the minds of youth +are contaminated, and the conspiracies for the purpose of committing +frauds and depredations on the Public formed and facilitated. + +A disorderly and ill-regulated Public-house, therefore, is one of the +greatest nuisances that can exist in civil Society.--Innumerable are +the temptations which are to be found in these haunts of idleness to +seduce the innocent, and to increase the resources of the +evil-disposed to do mischief. + +Whatever tends to promote vice and dissipation, whether arising from +low gaming, by means of cards, dice, dominos, shuffleboard, and other +sedentary games; or fraudulent insurances in the lottery, calculated +to fascinate and seduce the unwary, and to poison the minds of all +ranks in the humble walks of vulgar life, is here to be found; in +spite of every laudable precaution, exercised by Magistrates, under +the present System of Police applicable to this object.--Even +Prostitutes of the lowest cast are not seldom introduced, where the +gains of the landlord are thereby to be promoted. + +It is in these receptacles that Thieves and Robbers of every +description hold their orgies, and concert and mature their plans of +depredation on the peaceful Subject; and here too it not unfrequently +happens, that their booty is deposited and concealed. + +It is here also that markets are held for the sale of Base Money, +where every facility is afforded for the purpose of concealment, and +assistance in escaping justice. + +In fact, there is scarce any moral evil by which _Society is +afflicted--the mind debauched--the virtuous parent_ and _master +distressed_, and the _ruin of families and individuals affected_, +which is not generated in Public-houses. + +At present, in the Metropolis and its environs, there are at least +five thousand of these receptacles, of which it is computed that about +one thousand change tenants from once to three times a year.--Hence it +follows that not less than two thousand individuals are in a floating +state, either from one Public-house to another, or perhaps, more +frequently, from the Alehouse to a Gaol. + +When a depraved character loses his licence in one division of the +Metropolis, he generally finds means to obtain admission in another +where he is not known. The separation of jurisdictions without a +centre point, and the numerous changes which are constantly taking +place, preclude the possibility of detection; while the facility, with +which the worst characters obtain the certificates required by law, +(which are too often signed, without the least previous inquiry, by +the Clergyman and Parish Officers as a matter of course,) enable them +to effect their purpose; and such houses being generally of the +inferior class in point of trade, every species of disorder is +permitted for the purpose of obtaining custom. This is soon discovered +by those who have criminal objects in view; and to such houses they +generally resort, where it has sometimes been discovered that the +Landlord himself belongs to the gang; _and_ that he has become a +Publican the better to facilitate its designs. That the Ale-houses are +yet by far too numerous, is incontestibly proved by the frequent +changes which take place in so large a proportion in the course of a +year, while the irregularities which prevail render it equally clear +that a more general control is necessary to prevent the mischiefs +which have been detailed. + +It is chiefly in houses where the trade is inadequate to the support +of the establishment that the greatest disorders prevail, as in such +cases every lure is held out to invite customers, and to entice them +to expend money.--And in return for this, where the Landlord is not +himself of the fraternity of Thieves or Receivers, he is induced at +least to afford them his assistance, as a medium of concealment. + +If a plan could be devised, with equal advantage to the Revenue, by +the introduction of more innocent and less noxious gratifications, +whereby the lower ranks of the people could be gradually led into +better habits, much benefit would arise to the State, both with +respect to health and morals. + +The quantity of Beer, Porter, Gin, and Compounds, which is sold in +Public-houses in the Metropolis and its environs, has been estimated, +after bestowing considerable pains in forming a calculation, at nearly +3,300,000_l._ a year.[90] + +[Footnote 90: In a Tract entitled 'Observations and Facts relative to +Public-Houses,' by the Author of this Work, the mode of conducting +Ale-houses in the Metropolis, and the evils arising from this source +of iniquity and idleness is very fully explained. By this publication +it is discovered, after much investigation, that there is consumed and +sold in the 5000 Public-houses in and round the Metropolis: + + 158,400,530 pots of Porter, Ale, and Twopenny L.2,311,466 15 10 + + Gin and Compounds from the Distillers and + Rectifiers 975,000 0 0 + ----------------- + 3,236,466 15 10 + + To which add Pipes, Tobacco, &c. at least 113,533 4 2 + ----------------- + Total L.3,310,000 0 0] + +This immense sum, equal to double the Revenue of some of the Kingdoms +and States of Europe, independent of other evil consequences in +producing indigence and promoting crimes, must in a certain degree +debilitate manhood--in lessening the powers of animal life, and in +shortening its duration long before the period arrives, when an adult +ceases to contribute by his labours to the resources of the State. In +this point of view, independent of considerations of a moral tendency, +and of all the other train of evils which have been detailed, it would +seem of importance, as a political measure, to check the growing +propensity to consume a greater quantity of Porter, Beer, and ardent +Spirits, than is necessary to health.--To the State, indeed, it +creates a Revenue; but it is a Revenue too dearly purchased if it +wastes the human species--if it deprives the nation, prematurely, of +the benefit of their labour, and occasions infinitely greater +pecuniary pressures in the support of an indigent and helpless +offspring, who must be reared again to manhood at the expence of the +Public; not to speak of the grain, labour, fuel, &c. unnecessarily +consumed in creating this poison to the health, the morals, and +comforts of the poor.[91]--However unpopular it may appear in the +view of those who have not fully considered the subject, it may be +clearly demonstrated that a triple duty on Malt Spirits, and a much +higher duty on Strong Beer and Porter would be an act of the greatest +humanity on the part of the Legislature.--The present Revenue might +thus be secured, while that which is even of more importance to a +State than any other consideration would be preserved--_the health and +morals of the labouring people_. It is a mistaken notion, that a very +large quantity of Malt Liquor is necessary to support labourers of any +description.--After a certain moderate quantity is drank, it enervates +the body, and stupefies the senses.--A Coal-heaver who drinks from 12 +to 16 pots of Porter in the course of a day, would receive more real +nourishment, and perform his labour with more ease and a greater +portion of athletic strength, if only one-third of the quantity were +consumed. He would also enjoy better health, and be fitter for his +labour the following day. On a supposition that the excesses in which +perhaps 200,000 of the labouring people in the Metropolis _indulge_, +shortens the natural period of their existence only five years each on +an average, the labour of one million of years is lost in the lives +of this class of men, after the expence is incurred in rearing them to +maturity, which, during a period of 36 years of adult labour, at +25_l._ a year, establishes a deficiency to the Community of +_Twenty-five Millions sterling_: independent of the numerous other +train of evils, which arise to a nation from idle, dissolute and +immoral habits, by which the rising generation is contaminated, and +great inconvenience imposed on the innocent and peaceful subject, from +the increase of crimes which are generated through this medium. + +[Footnote 91: It is a curious and important fact, that during the +period when Distilleries were stopped in 1796 and 1797, although +Bread, and every necessary of life was considerably higher than during +the preceding year, the Poor in that quarter of the Town where the +chief part reside were apparently more comfortable, paid their rents +more regularly, and were better fed than at any period for some years +before;--even although they had not the benefit of the extensive +charities which were distributed in 1795. This can only be accounted +for by their being denied the indulgence of Gin, which had become in a +great measure inaccessible from its very high price. It may fairly be +concluded, that the money formerly spent in this imprudent manner had +been applied in the purchase of provisions and other necessaries to +the amount of some hundred thousand pounds.--The effects of their +being deprived of this baneful Liquor was also evident in their more +orderly conduct.--Quarrels and assaults were less frequent, and they +resorted seldomer to the Pawnbrokers' shops: and yet during the chief +part of this period Bread was 15_d._ the Quartern Loaf, and Meat +higher than the preceding year, particularly Pork, which arose in part +from the stoppage of the Distilleries; but chiefly from the scarcity +of Grain.] + +It is to be lamented, that in pursuing this subject, new sources +giving origin and progress to crimes press upon the mind in the course +of the inquiry. To the catalogue already detailed may be added, +_Gaming-Houses_ of every description, particularly _houses of the +lower cast_; but as this subject has been very fully handled in a +preceding Chapter, it will be unnecessary to do more than place it in +the general list of causes, which have contributed exceedingly to the +evils, which have afflicted Society in this Metropolis, and which can +only be remedied by a _Responsible Police_, attaching particularly +upon this baneful propensity by appropriate regulations. + +Next to Gaming, Illicit Trade or Smuggling may be mentioned as a very +productive source of criminality. The vast extent of the Trade and +Revenues of the Country; its insular situation, and the temptations +arising from the magnitude of the duties, contribute exceedingly to +the corruption of morals, not only of these engaged in illicit +pursuits, but it is to be lamented also of the inferior officers +themselves, whose duty it is to prevent this evil. + +Severe and pointed as the laws unquestionably are with an immediate +view to the prevention of this evil, experience proves how ineffectual +they have been, since every idle and profligate character becomes a +smuggler. But it is not merely the offence of smuggling as it relates +to the revenue, which is to be deplored as a grievance to the Public, +since those on the Sea Coasts of the kingdom, concerned in such +pursuits, are generally of ferocious habits, which produce such +excesses and depredations upon the unfortunate, when suffering the +calamity of shipwreck, as would disgrace the rudest savages. + +With contaminated minds, depraved hearts, men given up to such warfare +upon helpless humanity, become fit instruments for every species of +criminality.--_Vagabonds by trade_, the transition from one offence to +another is easy, and hence through this medium many culprits are added +to the general catalogue of delinquency, which nothing can check or +prevent but a System of Police, attaching responsibility _some-where +instead of no-where as at present_. + +Crimes are also generated in no inconsiderable degree, by the evil +examples exhibited in _Prisons_, and by the length of time persons +charged with offences are suffered to remain in gaols previous to +their trial, particularly in the counties adjoining the Metropolis, +where they frequently are in confinement five and six months before +the assizes.--If they were novices in villainy before, the education +they receive in these seminaries, in the event of their escaping +justice, returns them upon society, completely proselyted and +instructed in the arts of mischief and depredation. + +Nor have the unequal scale of punishments, and the ultimate +unconditional pardons, dictated no doubt by the purest motives of +humanity, a less tendency to generate new crimes. Encouraged by the +chances of escaping free, _even after conviction_, many delinquents +pursue their evil courses, trusting ultimately to this resource, if +other devices shall fail. + +To shew mankind that crimes are sometimes wholly pardoned, and that +punishment is not the necessary consequence, is to nourish the +flattering hope of impunity, and is the cause of their considering +every punishment which is actually inflicted, as an act of injustice +and oppression. + +Let the Legislator be _tender_, _indulgent_, and _humane_; but let the +Executors of the Laws be inexorable in punishing;--at least to a +certain extent. + + + + +CHAP. XII. + + _The Consideration of the causes of the progress and + increase of Crimes pursued.--The condition of the unhappy + Females, who support themselves by Prostitution--Their + pitiable Case.--The progress from Innocence to Profligacy + explained.--The morals of Youth corrupted by the multitudes + of Prostitutes in the streets.--These temptations excite + desires which suggest undue means of obtaining + money.--Apprentices and Clerks are seduced--Masters are + robbed--Parents are afflicted.--The miserable consequences + of Prostitution explained.--The impossibility of preventing + its existence in a great Metropolis.--The propriety of + lessening the Evil:--By stripping it of its indecency and + much of its immoral tendency.--The shocking indecency which + has lately been suffered by Prostitutes at the + Theatres.--The number of Prostitutes in the Metropolis + estimated--Suggestions for rendering the consequences + arising from Female Prostitution less noxious to + Society.--The advantages of the measure in reducing the mass + of turpitude.--Reasons offered why the interests of Morality + and Religion will be promoted by prescribing Rules with + respect to Prostitutes.--The example of Holland, Italy, and + the East Indies quoted.--Strictures on the offensive manners + of the Company who frequent Public Gardens:--Imputable to + the want of a proper Police.--Tea Gardens under a proper + Police might be rendered beneficial to the State.--The + Ballad Singers might also be rendered instruments in giving + a right turn to the minds of the Vulgar.--Crimes generated + by immoral Books and Songs.--Responsibility as it relates to + the execution of the Laws rests no where at present.--The + nature and advantages of the Police System explained._ + + +In addition to the prominent causes, which contribute to the origin +and the increase of crimes, which have been developed in the preceding +Chapter, there are other sources of a minor nature still to be traced, +from which infinite evils to the Community spring. + +Among these the most important is, the state and condition of the +unhappy Females, who support themselves by Prostitution in this great +Metropolis. + +In contemplating their case, it is impossible to avoid dropping a tear +of pity.--Many of them perhaps originally seduced from a state of +innocence, while they were the joy and comfort of their unhappy +parents. Many of them born and educated to expect a better fate, until +deceived by falsehood and villainy, they see their error when it is +too late to recede. In this situation, abandoned by their relations +and friends; deserted by their seducers, and at large upon the world; +loathed and avoided by those who formerly held them in estimation, +what are they to do? In the present unhappy state of things they seem +to have no alternative, but to become the miserable instruments of +promoting and practising that species of seduction and immorality, of +which they themselves were the victims.[92] And what is the +result?--It is pitiable to relate.--They are compelled of necessity to +mingle with the abandoned herd, who have long been practised in the +walks of infamy, and they too become speedily polluted and +depraved.--Oaths, imprecations, and obscene language, by degrees, +become familiar to their ears, and necessity compels them to indure, +and at length to imitate, and practise in their turn, upon the unwary +youth, who too easily falls into the snare. + +[Footnote 92: It is in the first stage of Seduction, before the female +mind becomes vitiated and depraved, that Asylums are most useful. If +persons in this unhappy situation had it in their power to resort to a +medium, whereby they might be reconciled to their relations, while +uncontaminated by the vices attached to _General Prostitution_, +numbers, who are now lost, might be saved to Society.] + +Thus it is from the multitudes of those unhappy Females, that assemble +now in all parts of the Town, that the morals of the youth are +corrupted. That unnecessary expences are incurred; and undue, and too +often criminal, means are resorted to, for the purpose of gratifying +passions, which but for these temptations, which constantly assail +them in almost every street in the Metropolis, would not have been +thought of. Through this medium _Apprentices, Clerks and other persons +in trust_ are seduced from the paths of honesty--Masters are +plundered, and Parents are afflicted; while many a youth, who might +have become the pride of his family--a comfort to the declining years +of his Parents, and an ornament to Society, exchanges a life of Virtue +and Industry, for the pursuits of the Gambler, the Swindler, and the +Vagabond. Nor is the lot of these poor deluded females less +deplorable. Although some few of them may obtain settlements, while +others bask for a while in the temporary sun-shine of ease and +splendour, the major part end a short life in misery and wretchedness. + +What has become of the multitudes of unfortunate females, elegant in +their persons, and sumptuous in their attire, who were seen in the +streets of the Metropolis, and at places of public Amusement twenty +years ago? Alas! Could their progress be developed, and their ultimate +situations or exit from the world disclosed, it would lay open a +catalogue of sufferings and affliction, beyond what the most romantic +fancy could depict or exhibit to the feeling mind. + +Exposed to the rude insults of the inebriated and the vulgar:--the +impositions of brutal officers and watchmen, and to the chilling +blasts of the night, during the most inclement weather, in thin +apparel, partly in compliance with the fashion of the day, but more +frequently from the pawnbroker's shop rendering their necessary +garments inaccessible--diseases, where their unhappy vocation does not +produce them, are generated. No pitying hand appears to help them in +such situations. The feeling parent or relation is far off. An +abandoned monster of the same sex, inured in the practice of infamy +and seduction, instead of the consolation which sickness requires, +threatens to turn the unhappy victim out of doors, when the means of +subsistence are cut off, and the premium for shelter is no longer +forth-coming; or perhaps the unfeeling landlord of a miserable +half-furnished lodging afflicts the poor unhappy female, by +declarations equally hostile to the feelings of humanity, till at +length turned out into the streets, she languishes and ends her +miserable days in an hospital or a workhouse, or perhaps perishes in +some inhospitable hovel alone, without a friend to console her, or a +fellow-mortal to close her eyes in the pangs of dissolution. + +If no other argument could be adduced in favour of some arrangements, +calculated to stop the progress of Female Prostitution, Compassion for +the sufferings of the unhappy victims would be sufficient; but other +reasons occur equally powerful, why this evil should be controlled. + +To prevent its existence, even to a considerable extent, in so great a +Metropolis as London, is as impossible as to resist the torrent of the +tides. It is an evil therefore which must be endured while human +passions exist: but it is at the same time an evil which may not only +be lessened, but rendered less noxious and dangerous to the peace and +good order of society: it may be stript of its indecency, and also of +a considerable portion of the danger attached to it, to the youth of +both sexes. + +The lures for the seduction of youth passing along the streets in the +course of their ordinary business, may be prevented by a Police, +applicable to this object, without either infringing upon the feelings +of humanity or insulting distress; and still more is it practicable to +remove the noxious irregularities, which are occasioned by the +indiscreet conduct, and the shocking behaviour of Women of the Town, +and their still more blameable paramours, in openly insulting Public +Morals; and rendering the situation of modest women at once irksome +and unsafe, either in places of Public Entertainment, or while passing +along the most public streets of the Metropolis, particularly in the +evening. + +This unrestrained licence given to males and females, in the Walks of +Prostitution, was not known in former times at places of public +resort, where there was at least an affectation of decency. To the +disgrace, however, of the Police the evil has been suffered to +increase; and the Boxes of the Theatres often exhibit scenes, which +are certainly extremely offensive to modesty, and contrary to that +decorum which ought to be maintained, and that protection to which the +respectable part of the Community are entitled, against indecency and +indecorum, when their families, often, composed of young females, +visit places of public resort. + +In this instance, the induring such impropriety of conduct, so +contrary to good morals, marks strongly the growing depravity of the +age. To familiarize the eyes and ears of the innocent part of the sex +to the scenes which are often exhibited in the Theatres, is tantamount +to carrying them to a school of vice and debauchery-- + + Vice is a monster of such frightful mien, + That to be hated needs but to be seen; + Yet seen too oft--familiar with her face, + We first endure--then pity--then embrace. + +For the purpose of understanding more clearly, by what means it is +possible to lessen the evils arising from Female Prostitution in the +Metropolis, it may be necessary to view it in all its ramifications. + +In point of extent it certainly exceeds credibility: but although +there are many exceptions,--the great mass, (whatever their exterior +may be,) are mostly composed of women who have been in a state of +menial servitude, and of whom not a few, from the love of idleness and +dress, with (in this case) _the misfortune of good looks_, have partly +from inclination, not seldom from previous seduction and loss of +character, resorted to Prostitution as a livelihood. + +They are still, however, objects of compassion, although under the +circumstances incident to their situation they cannot be supposed to +experience those poignant feelings of distress, which are peculiar to +women who have moved in a higher sphere and who have been better +educated.-- + +_The whole may be estimated as follows:_ + + 1. Of the class of Well Educated women it is + earnestly hoped the number does not exceed 2,000 + + 2. Of the class composed of persons above the rank + of Menial servants perhaps 3,000 + + 3. Of the class who may have been employed as + Menial Servants, or seduced in very early life, it + is conjectured in all parts of the town, including + Wapping, and the streets adjoining the River, + there may not be less, who live wholly by Prostitution, + than 20,000 + ------ + 25,000 + + 4. Of those in different ranks in Society, who live + partly by Prostitution, including the multitudes + of low females, who cohabit with labourers and + others without matrimony, there may be in all, in + the Metropolis, about 25,000 + ------ + Total 50,000 + +When a general survey is taken of the Metropolis--The great numbers +among the higher and middle classes of life, who live unmarried--The +multitudes of young men yearly arriving at the age of puberty--The +strangers who resort to the Metropolis--The seamen and nautical +labourers employed in the Trade of the River Thames, who amount at +least to 40,000--And the profligate state of Society in vulgar life, +the intelligent mind will soon be reconciled to the statement, which +at first view would seem to excite doubts, and require investigation. + +But whether the numbers of these truly unfortunate women are a few +thousands less or more is of no consequence in the present discussion, +since it is beyond all doubt, that the evil is of a magnitude that is +excessive, and imperiously calls for a remedy.--Not certainly a remedy +against the possibility of Female Prostitution, for it has already +been stated, that it is a misfortune that must be endured in large +societies.--All that can be attempted is, to divest it of the faculty +of extending its noxious influence beyond certain bounds, and restrain +those excesses and indecencies which have already been shewn to be so +extremely noxious to society, and unavoidably productive of depravity +and crimes. + +The Author is well aware, that he treads on tender ground, when in +suggesting any measure, however salutary it may be in lessening the +Calendars of Delinquency, _it_ shall have the appearance of giving a +Public sanction to Female Prostitution. + +Under the influence of strong prejudices long rooted in the human +mind, it may be in vain to plead _plus apud me ratio valebit quam +vulgi Opinio_. + +If however the political maxim be true--_Qui non vetat peccare, cum +possit, jubet_--it certainly follows, that by suffering an evil to +continue, when we have it in our power, in a great measure, to lessen +or prevent it, we do _violence to reason_ and _to humanity_.--That a +prudent and discreet regulation of Prostitutes in this great +Metropolis, would operate powerfully, not only in gradually +diminishing their numbers, but also in securing public morals against +the insults to which they are exposed, both in the open streets and at +places of public entertainment, cannot be denied. + +That young men in pursuit of their lawful business in the streets of +this Metropolis, would be secured against that ruin and infamy, which +temptations thus calculated to inflame the passions, have brought upon +many, who might otherwise have passed through life as useful and +respectable members of Society, is equally true:--While _frauds_, +_peculations_ and _robbery_, often perpetrated for the purpose of +supporting those unhappy women, with whom connections have been at +first formed in the public streets (and in which they themselves are +not seldom the chief instruments) would be prevented. + +Were such proper regulations once adopted, the ears and eyes of the +wives and daughters of the modest and unoffending citizens, who cannot +afford to travel in carriages, would no longer be insulted by gross +and polluted language, and great indecency of behaviour, while walking +the streets. Indeed it is to be feared, that the force of evil +example, in unavoidably witnessing such scenes, may have debauched +many females, who might otherwise have lived a virtuous and useful +life. + +Whatever consequences might be derived from a total removal of +Prostitutes (if such a measure could be conceived practicable) with +respect to the wives and daughters, who compose the decent and +respectable families in the Metropolis, this apprehension is allayed +by the proposed measure. While virtue is secured against seduction, +the misery of these unhappy females will also be lessened. Their +numbers will be decreased, and a check will be given, not only to +female seduction by the force of evil example, but to the extreme +degree of depravity, which arises from the unbounded latitude which is +at present permitted to take place, from the unavailing application of +the laws, made for the purpose of checking this evil. If it were +either politic or humane to carry them into effect, the state of +society where such members are congregated together render it +impossible. + +Although by the arrangement proposed, a kind of sanction would, in +appearance, be given to the existence of Prostitution, no ground of +alarm ought to be excited, if it shall be proved, that it is to lessen +the mass of turpitude which exists; that it is to produce a solid and +substantial good to the Community, which it is not possible to obtain +by any other means. + +What therefore can rationally be opposed to such an arrangement? Not +surely Religion, for it will tend to advance it: Not Morality, for the +effect of the measure will increase and promote it; not that it will +sanction and encourage what will prove offensive and noxious in +society, since all that is noxious and offensive is by this +arrangement to be removed.--Where then lies the objection?--_In vulgar +prejudice only._--By those of inferior education, whose peculiar +habits and pursuits have generated strong prejudices, this excuse may +be pleaded; but by the intelligent and well-informed it will be +viewed through a more correct medium. + +Ingenuous minds are ever open to conviction; and it is the true +characteristic of virtuous minds, where they cannot overcome or +destroy, to lessen as much as possible the evils of human life. + +To the numerous unhappy females in the Metropolis who live by +Prostitution, this observation peculiarly applies.--The evil is such +as must be endured to a certain extent--because by no human power can +it be overcome; but it can certainly be very much diminished--perhaps +only in one way--namely, _by prescribing rules_--"Thus far shall you +go, and no farther"--the rules of decorum shall be strictly preserved +in the streets and in public places. In such situations Women of the +Town shall no longer become instruments of seduction and debauchery. + +It may be asked, will not all this promote the cause of religion and +morality:--admitted; but could not this be done without giving the +sanction of the Legislature to pursuits of infamy. The answer is +obvious:--the Legislature has done every thing already short of this, +to effect the object; but instead of promoting good, the evil has +increased; and it is to be lamented _that it is daily increasing_.--Instead +of the walks of Prostitutes being confined as formerly, to one or two +leading streets in Westminster, they are now to be found in every part +of the Metropolis--even within the jurisdiction of the city of London; +where the dangers arising from seduction are the greatest, they +abound the most of all of late years. + +In adopting the proposed measure, the example of Holland may be +quoted, where, under its former Government, the morals of the people +in general were supposed the purest of any in Europe, while the Police +System was considered as among the best. Italy has also long shown an +example, where Prostitutes were actually Licensed, with a view to +secure Chastity against the inroads of violence, and to prevent the +Public eye from being insulted by scenes of lewdness and indecorum. + +Female Chastity, which is highly regarded by the natives of India, is +preserved by rearing up a certain class of females, who are under the +conduct of discreet Matrons, in every town and village; and with whom, +under certain circumstances, an indiscriminate intercourse is +permitted--a measure of political necessity. Their morals, however, in +other respects are strictly guarded, and their minds are not +susceptible of that degree of depravity which prevails in Europe. They +are taught the accomplishments of singing and dancing--they exhibit at +public entertainments, and are even called upon to assist at religious +ceremonies. + +The unrestrained latitude which is permitted to unfortunate females in +this Metropolis, is certainly an inlet to many crimes. + +The places of resort in Summer, and particularly the Public Gardens, +which were formerly an innocent relaxation to sober and discreet +families, can now no longer be attended with comfort or satisfaction, +from the offensive manners of the company who frequent such places. + +It is not that the Gardens are in themselves a nuisance, or that to +the inferior exhibitions any blame is to be imputed; for both might be +rendered the medium of that rational recreation so necessary both for +the health and comfort of the middling or lower ranks of the people, +to whom _policy_ and _reason_ must admit occasional amusements are +necessary.--If so, what can be more innocent, or better calculated for +health and occasional recreation than the assemblage of decent people +in a Tea Garden?-- + +Many of them, however, have been shut up, and this recreation denied +to the people, because Prostitutes resorted to those places; insulted +public morals,--promoted lewdness and debauchery, and banished modest +and decent families. + +This, if the true cause was developed, is not to be imputed to the +place, which in itself was favourable to the innocent amusement of the +people, but to a deficiency in the Police System.--It was not the +Gardens nor their Keepers that offended.--The evil arose from the want +of proper regulations, to restrain these excesses and to keep them +within bounds. + +Such places of resort under appropriate Police regulations, might be +rendered a considerable source of revenue to the State, while they +added greatly to the comfort and innocent recreation of the +People.--By shutting up the Gardens the People are driven to the +Ale-houses, where both air and exercise, so necessary to health, are +denied them, and where the same excesses often prevail, tending in a +still greater degree, to the corruption of morals. + +Wherever multitudes of people are collected together, as in a great +Metropolis like London, amusements become indispensably +necessary.--And it is no inconsiderable feature in the science of +Police to encourage, protect, and controul such as tend to innocent +recreation, to preserve the good humour of the Public, and to give the +minds of the People a right bias. + +This is only attainable through the medium of a well-regulated +Police.--It is perfectly practicable to render Public Gardens as +innocent and decorous as a Private Assembly: although under the +present deficient System they are the greatest of all nuisances.--Decent +and respectable families are compelled to deny themselves the +privilege of visiting them, because no restraint is put upon +indecency, and vice reigns triumphant. + +It is because things are either done by halves, or nothing is done at +all to secure the privileges of innocence, that the sober and harmless +part of the community are compelled to forego those recreations which +contributed to their comfort: while the young and thoughtless, +heedless of the consequences and inexperienced as to the effect, rush +into the vortex of dissipation, and unable to discriminate, become +victims to the licentiousness which is suffered to prevail. + +Since recreation is necessary to Civilized Society, all Public +Exhibitions should be rendered subservient to the improvement of +morals, and to the means of infusing into the mind a love of the +Constitution, and a reverence and respect for the Laws.--How easy +would it be under the guidance of an appropriate Police, to give a +right bias through the medium of Public amusements to the dispositions +of the People.--How superior this to the odious practice of besotting +themselves in Ale-houses, hatching seditious and treasonable designs, +or engaged in pursuits of the vilest profligacy, destructive to health +and morals. + +Even the common Ballad-singers in the streets might be rendered +instruments useful under the controul of a well-regulated Police, in +giving a better turn to the minds of the lowest classes of the +People.--They too must be amused, and why not, if they can be amused +innocently.--If through this medium they can be taught loyalty to the +Sovereign, love to their Country, and obedience to the Laws, would it +not be wise and politic to sanction it? + +If in addition to this, moral lessons could occasionally be conveyed, +shewing in language familiar to their habits, the advantages of +_Industry and Frugality_--The pleasure of living independent of the +Pawnbroker and the Publican--The disgrace and ruin attached to +drunkenness and dishonesty, and the glory and happiness of a _good +Husband_, a _good Father_, and _an honest Man_, might it not +reasonably be expected, that in a religious as well as a moral point +of view, advantages would be gained, while the people were both +instructed and amused? + +Crimes have been generated in a considerable degree both by immoral +and seditious books and songs.--It is true the laws are open to +punishment. The road however to justice, with respect to the former, +is circuitous and difficult, while in the latter case their execution +is felt to be _harsh_, _severe_, and _ultimately ineffectual_: hence +licentious and mischievous Publications prevail, and Ballad-singers +are suffered often to insult decency, and to disseminate poison in +every street in the Metropolis. + +Like many other evils they remain in spite of the statutes made to +prevent them.--They were evils suffered centuries ago where the laws +proved equally unavailing: but the state of society and manners +rendered them less dangerous. + +In the Machine of Government there are many component parts where +responsibility attaches;--_but with respect to objects of Police, it +would seem at present to rest no where_, and hence is explained at +once, the want of energy in the execution of our laws, and why so many +excellent Statutes remain a dead letter.--To live encircled by _fears_ +arising from uncontrolled excesses of the human passions, either +leading to turpitude or terminating in the commission of crimes, _is +to live in misery_.--Police is an improved state of Society, which +counteracts these excesses by giving energy and effect to the law. It +is like the Mechanical power applied to an useful Machine, devoid of +which, it remains without motion, or action, and without benefit. + +"Government," _says the benevolent Hanway_, "originates from the love +of order.--Watered by Police it grows up to maturity, and in course of +time spreads a luxuriant comfort and security.--Cut off its branches, +and the mere trunk, however strong it may appear, can afford no +shelter." + + + + +CHAP. XIII. + + _Indigence a cause of the increase of Crimes.--The System + with respect to the Casual Poor erroneous.--The miserable + condition of many who seek for an Asylum in the + Metropolis.--The unhappy State of broken-down Families, who + have seen better days.--The effect of Indigence on the + Offspring of the Sufferers.--The discovery of the Children + of unfortunate Families applying for Soup at the + Establishments.--The unparalleled Philanthropy of the + opulent Part of the Community.--Estimate of the Private and + Public Benevolence amounting to 850,000l. a year.--The + noble Munificence of the Merchants.--An Appeal to the + exalted virtue of the Opulent, who have come forward in acts + of Humanity.--The deplorable State of the Lower Ranks + attributed to the present System of the Poor Laws.--An + Institution to inquire into the Causes of Mendicity in the + Metropolis explained.--The State of the Casual Poor + resumed.--The abuses and inefficacy of the relief + received.--A new System proposed with respect to them and + Vagrants in the Metropolis.--Its advantages explained.--The + distinction between Poverty and Indigence explained.--The + Poor divided into five Classes, with suggestions applicable + to each.--The evil Examples in Workhouses a great cause of + the Corruption of Morals.--The Statute of 43 Elizabeth + considered.--The defective System of Execution + exposed--Confirmed by the opinion of Lord Hale.--A partial + Remedy proposed in respect to Vagrant and Casual Poor.--A + Public Institution recommended for the care of this class of + Poor, under the direction of three Commissioners.--Their + Functions explained.--A Proposition for raising a Fund of + 5230l. from the Parishes for the support of the + Institution, and to relieve them from the Casual + Poor.--Reasons why the Experiment should be tried.--The + assistance of Sir Frederick Eden, and other Gentlemen of + talents, who have turned their thoughts to the Poor, + attainable.--The advantages which would result to the + Community, from the united Efforts of men of investigation + and judgment, previous to any final Legislative + Regulation.--Conclusion._ + + +Indigence, in the present state of Society, may be considered as a +principal cause of the increase of Crimes. + +The System which prevails in the Metropolis, with respect to these +unfortunate individuals who are denominated the _Casual Poor_, will be +found on minute inquiry to be none of the least considerable of the +causes, which lead to the corruption of morals, and to the +multiplication of minor offences in particular. + +The number of persons, who with their families, find their way to the +Metropolis, from the most remote quarters of Great Britain and +Ireland, is inconceivable. In hopes of finding employment they incur +an immediate and constant expence, for lodging and subsistence, until +at length their little all is in the Pawnbrokers' shops, or sold to +raise money for the necessaries of life. If they have been virtuously +brought up in the country, despondency seizes upon their minds, in +consequence of the disappointments and hardships, their adventurous or +incautious conduct has doomed them to suffer; which as it applies to +the most deserving of this class, who will not steal, and are ashamed +to beg, often exceeds any thing that the human mind can conceive. + +Their Parochial Settlements are either at a great distance, or perhaps +as natives of Scotland or Ireland, they are without even this +resource. The expence of removing, as the Law directs, is too serious +a charge to be incurred by the parish where accident has fixed them. +They are treated with neglect and contumely by the parochial Officers; +and even occasionally driven to despair. Willing to labour, but bereft +of any channel or medium through which the means of subsistence might +be procured. It is assigned to no person to hear their mournful tale, +who might be able to place them in a situation, where they might gain +a subsistence; and under such circumstances it is much to be feared, +that not a few of them either actually perish for want, or contract +diseases which ultimately terminate in premature death. + +Such is frequently the situation of the more decent and virtuous class +of the labouring people, who come to seek employment in the +Metropolis. The more profligate who pursue the same course have +generally other resources. Where honest labour is not to be procured, +they connect themselves with those who live by petty or more atrocious +offences, and contribute in no small degree to the increase of the +general phalanx of delinquents. The young female part of such families +too often become prostitutes, while the males pursue acts of +depredation upon the Public, by availing themselves of the various +resources, which the defects in the Police System allow. + +In addition to the families who thus resort to the Capital, young men +frequently wander up who have become liable to the penalties of the +laws, in consequence of being unable to find security for the support +of a natural Child in their own parish; or who perhaps have incurred +the punishment due to some other offence.--Without money, without +recommendations, and bereft of friends, and perhaps afraid of being +known, they resort to low public houses, where they meet with thieves +and rogues, who not unfrequently in this way recruit their gangs, as +often as the arm of Justice diminishes their numbers. + +But it is to be lamented, that in contemplating the mass of indigence, +which, in its various ramifications, produces distresses more +extensive and more poignant than perhaps in any other spot in the +world, (Paris excepted) its origin is to be traced in almost every +rank of Society; and though sometimes the result of unavoidable +misfortune, is perhaps more frequently generated by idleness, +inattention to business, and indiscretion. But at all events, the tear +of pity is due to the helpless and forlorn offspring of the criminal +or indolent, who become objects of compassion, not only as it relates +to their immediate subsistence; but much more with respect to their +future situations in life. It is in the progress to the adult state, +that the infants of parents, broken down by misfortunes, almost +unavoidably learn, from the pressure of extreme poverty, to resort to +devices which early corrupt their morals, and mar their future success +and utility in life. Under the influence of these sad examples, and +their necessary consequences, do many females become Prostitutes, who +in other circumstances, might have been an ornament to their sex, +while the males, by contracting early in life habits that are +pernicious, become, in many instances, no less noxious to Society. +Familiarized in infancy to the Pawnbroker's shop, and to other even +less reputable means of obtaining temporary subsistence, they too soon +become adepts in falsehood and deceit. Imperious necessity has given +an early spring to their ingenuity. They are generally full of +resource, which in good pursuits might render them useful and valuable +members of the Community: but unhappily their minds have acquired a +wrong bias, and they are reared insensibly in the walks of vice, +without knowing, in many instances, that they are at all engaged in +evil pursuits. + +In all these points of view, from indigence is to be traced the great +Origin and the Progress of Crimes. + +In attending the different _Soup Establishments_ (where 50,000 +indigent families, at the expence of one halfpenny per head, have a +meal furnished every day during the winter)[93] the Author has +observed, with a mixture of pain and satisfaction, particularly at one +of them, the children of unfortunate and reduced families, who, from +their appearance, have moved in a higher sphere, the humble suitors +for this frugal and nourishing aliment. + +[Footnote 93: See page 81 and 82 for an account of this Charity.] + +To have contributed in any degree to the relief of distress rendered +painful in the extreme from the recollection of better days, is an +ample reward to those benevolent individuals, who have joined in the +support and conduct of an undertaking, of all others the most +beneficial that perhaps was ever devised, for the purpose of assisting +and relieving suffering humanity. + +While the wretchedness, misery and crimes, which have been developed, +and detailed in this work, cannot be sufficiently deplored, it is a +matter of no little exultation, that in no country or nation in the +world, and certainly in no other Metropolis, does there exist among +the higher and middle ranks of Society, an equal portion of +Philanthropy and Benevolence.--Here are to be discovered the extremes +of vice and virtue, strongly marked by the existing turpitude on one +hand, and the noble instances of charitable munificence, displayed by +the opulent part of the Community, on the other. + +Nothing can place this in a stronger point of view, and perhaps +nothing will astonish strangers more than the following summary +Estimate of the various Institutions, supported chiefly by Voluntary +Contributions, in addition to the legal Assessments, all tending to +ameliorate and better the condition of human life, under the +afflicting circumstances of indigence and disease.[94] + +[Footnote 94: For a specific account of these Institutions, see the +Chapter on Municipal Police.] + +ESTIMATE. + + 1. Asylums for the Relief of Objects of Charity L. + and Humanity 30,000 + + 2. Asylums and Hospitals, for the Sick, Lame, and + Diseased 50,000 + + 3. Institutions for Benevolent, Charitable, and + Humane Purposes 205,000 + + 4. Private Charities 150,000 + + 5. Charity Schools for Educating the Poor 10,000 + + 6. To which add the annual Assessments for the + Poor Rates, paid by the Inhabitants of the + Metropolis and its Environs 255,000 + + Total estimated amount of the annual Sums paid + for the support and benefit of the Poor in the --------- + Metropolis, &c. L.700,000 + + 7. Besides the endowed Establishments, for which + the Poor are chiefly indebted to our Ancestors 150,000 + --------- + Total L.850,000 + +In addition to this, it is highly proper to mention the noble +benevolence, which has been displayed by the Opulent of all ranks, but +particularly the Merchants, in the very large sums which have been, at +various times, subscribed for the relief of the brave men, who have +been maimed and wounded, and for the support of the widows, orphans, +and relations of those who have meritoriously lost their lives in +fighting the battles of their country. + +Such exalted examples of unbounded munificence the history of no other +nation records. + +It is to this source of elevated virtue, and nobleness of mind, that +an appeal is made, on the present occasion, in behalf of those unhappy +fellow-mortals; who, in spite of the unexampled liberality which has +been displayed, still require the fostering hand of Philanthropy. + +The cause of these distresses has been explained; and also the evils +which such a condition in human life entails upon Society. It is not +pecuniary aid that will heal this _gangrene_: this _Corruption of +Morals_. There must be the application of a correct System of Police, +calculated to reach the root and origin of the evil.--Without +_System_, _Intelligence_, _Talents_, and _Industry_, united in all +that relates to the affairs of the Poor, millions may be wasted as +millions have already been wasted, without bettering their condition. +In all the branches of the Science of Political Oeconomy, there is +none which requires so much skill and knowledge of men and manners, as +that which relates to this particular object: and yet, important as it +is to the best interests of the Community, the management of a +concern, in which the very foundation of the national prosperity is +involved, is suffered to remain, as in the rude ages, when Society had +not assumed the bold features of the present period,--in the hands of +changeable, and in many instances, unlettered agents; wholly +incompetent to a task at all times nice and difficult in the +execution, and often irksome and inconvenient. + +One great feature of this evil, on which it is deplorable to reflect, +is, that nearly one million of the inhabitants of a country, the +utmost population of which is supposed to be short of nine millions, +should be supported in part or in whole by the remaining eight. + +In spite of all the ingenious arguments which have been used in favour +of a System admitted to be wisely conceived in its origin, the effects +it has produced incontestably prove, that with respect to the mass of +the Poor, there is something radically wrong in the execution. + +If it were not so, it is impossible that there could exist in the +Metropolis such an inconceivable portion of human misery, amidst +examples of munificence and benevolence unparalleled in any age or +country in the world. + +Impressed with these sentiments, so far as they apply to the state of +indigence in the Metropolis, a design has been sanctioned by the +_Benevolent Society for bettering the Condition of the Poor_, the +object of which is to establish a department for inquiring into the +history, life, and the causes of the distress of every person who asks +relief in any part of the Metropolis: not with a view to support these +unfortunate persons in idleness and vice; but to use those means which +talents, attention, and humanity can accomplish--(means which are +beyond the reach of parochial officers), for the purpose of enabling +them to assist themselves.[95] + +[Footnote 95: An office has for some time past been instituted under +the direction of _Mathew Martin, Esq._ assisted by one or two +philanthropic individuals, for inquiring into cases and causes of +distress.--The generality of the poor persons have been invited to the +office by the distribution of tickets, directing them when and where +they are to apply. On such occasions a small relief has been afforded, +arising from a fund constituted by private benevolence;--but the chief +advantage which these poor people have derived has been from the +consolatory advice given them, and still more from the assistance +afforded by the indefatigable industry, and laudable zeal of Mr. +Martin, in getting those into workhouses who have parochial +settlements in the Metropolis, or assisting in procuring the means of +passing them to their parishes, where such settlements are in the +country. Seasonable pecuniary relief has been also extended in certain +cases, and small loans of money, made to enable those who are able to +work to redeem their apparel, and tools to rescue them from +despondence, and to help themselves by their own labour, in such +employments as they could either themselves obtain, or as could be +procured for them. + +From the beginning of the year 1796 to the end of the year 1797, Mr. +Martin investigated the cases of 120 poor persons, who attended him in +consequence of the tickets which were distributed.--Of these 21 were +men; the greater part maimed or disabled by age or sickness, only two +of whom had any legal settlement in London.--Of the women, 99 in +number, 48 were widows, about one-third were aged--some crippled, and +others distressed for want of work, while many were embarrassed by +ignorance of the mode of obtaining parochial relief, or by the fear of +applying for it--of the wives, in most cases, the difficulty arose +from want of work or incapacity of doing it, on account of a child in +arms. There were cases of very great distress. Above half had two or +more children. Some of them infants, and the chief part too young to +work. Of the women 24 claimed settlements in London and +Westminster--33 in different parts of England--22 belonged to Scotland +and Ireland, and the remaining 20 said they could give no account of +their place of settlement. In most instances by an application to +their parishes, and in some to their friends, Mr. Martin was enabled +to obtain effectual relief to all of them; the gift of a little food, +and hearing their melancholy story, afforded some comfort; and had a +small fund been appropriated to this object, it might have been +possible to have enabled those who were in health to have earned a +livelihood. See 12th Report of the _Society for bettering the +Condition of the Poor_.] + +In the Metropolis the Magistrates interfere very little in parochial +relief, except when appeals are made to them in particular cases, or +when called upon to sign orders of removal, which is generally done as +a matter of course. Hence it is that the poor are left almost entirely +to the management of the Parochial Officers for the time being, who +frequently act under the influence of ignorance or caprice, or are +irritated by the impudent importunity of the profligate Gin-drinking +poor. These Officers also, it is to be remembered, have private +affairs which necessarily engage the chief part of their attention, +and are frequently no less incapable than unwilling to enter on those +investigations which might enable them to make the proper +discriminations: the modest and shame-faced poor are thus frequently +shut out from relief, while the vociferous and idle succeed in +obtaining pecuniary assistance, which is soon improvidently +dissipated. + +The distress which is thus shewn to prevail, by no means arises from +the want of competent funds:--the misfortune is, that from the nature +of the present mode of management it is not possible to apply these +funds beneficially for the proper relief of those for whom they were +intended. A much more moderate assessment, under a regular and proper +management, would remove great part of the evil. + +The expence of the class of persons denominated _Casual Poor_, who +have no settlement in any parish in the Metropolis, amounts to a large +sum annually.--In the united parishes of St. Giles in the Fields, and +St. George, Bloomsbury, this expence amounted to 2000_l._ in the year +1796. It arose from the support of about 1200 poor natives of Ireland, +who but for this aid must have become vagrants. The shocking abuse of +the vagrant passes previous to the year 1792, produced the Act of the +32 Geo. III. cap. 45. which requires that Rogues and Vagabonds should +be first publicly whipt, or confined seven days in the House of +Correction, (females to be imprisoned only, and in no case whipped) +before they are passed, as directed by the Act of the 17 Geo. II. c. +5. Hence it is that so many who are either on the brink of vagrancy +or have actually received alms, are permitted to remain a burden on +the parishes; the Magistrates being loth to incur the charge of +inhumanity, by strictly following the letter of the Act, in whipping +or imprisoning poor miserable wretches, whose indigence have rendered +relief necessary. + +In all the 146 parishes within and without the walls, including the +Bills of Mortality, &c. it is not improbable that the casual charity +given in this way may amount to 10,000_l._ a year. + +The loose manner in which it is given, and the impossibility either of +a proper discrimination, or of finding in the distributing these +resources, that time for investigation which might lead to the solid +benefit of the Pauper, by restoring him to a capacity of earning his +own livelihood, makes it highly probable that instead of being useful, +this large sum is perhaps hurtful, to the major part of the poor who +receive it. The trifle they receive, from being injudiciously given, +and frequently to get rid of the clamour and importunity of the most +profligate, is too often spent immediately in the Gin-shop.--No +inquiry is made into the circumstances of the family--No measures are +pursued to redeem the apparel locked up in the Pawnbrokers' shop, +although a small sum would frequently recover the habiliments of a +naked and starving family--no questions are asked respecting the means +they employ to subsist themselves by labour; and no efforts are used +to procure employment for those who are willing to labour, but have +not the means of obtaining work. + +Hence it is that poverty, under such circumstances, contributes in no +small degree to the multiplication of crimes. The profligate thus +partly supported, too often resorts to pilfering pursuits to fill up +the chasm, and habits of idleness being once obtained, labour soon +becomes irksome. + +Why should not the whole nation, but particularly the Metropolis, be +considered, so far at least as regards the vagrant and casual Poor, as +one family, and be placed under the review of certain persons who +might be considered as worthy of the trust, and might devote their +time sedulously to that object?--Were such an establishment, +instituted, and supported in the first instance by a sum from each +parish, equal to the casual relief they have each given on an average +of the five preceding years, with power to employ this fund in +establishing Houses of Industry, or Work-rooms, in various parts of +the Metropolis, where the Poor should receive the whole of their +earnings and a comfortable meal besides:--it is highly probable that +while the expence to the parishes would gradually diminish, beggary +would be annihilated in the Metropolis--the modest and deserving Poor +would be discovered and relieved, while the idle and profligate, who +resorted to begging as a trade, would be compelled to apply to honest +labour for their subsistence. + +This is a point in the political oeconomy of the Nation highly +important, whether it relates to the cause of humanity or to the +morals of the people, upon which all good Governments are +founded.--That such an institution is practicable is already proved +from the partial experiments that have been made. That the advantages +resulting from it would be great beyond all calculation, is too +obvious to require elucidation. + +While it operated beneficially to the lower classes of the people and +to the State, it would relieve Parochial Officers of a very irksome +and laborious task, perhaps the most disagreeable that is attached to +the office of an Overseer in the Metropolis. + +To give this branch of Police vigor and effect, the aid of the +Legislature would be necessary; which would be easily obtained when +the measure itself was once thoroughly understood, and it could not +then fail to be as popular as it would unquestionably be useful. + +They who from their habits of life have few opportunities of +considering the state of the Poor, are apt to form very erroneous +opinions on the subject. + +By _the Poor_ we are not to understand the whole mass of the people +who support themselves by labour; for those whose necessity compels +them to exercise their industry, become by their poverty the actual +pillars of the State. + +Labour is absolutely requisite to the existence of all Governments; +and as it is from the Poor only that labour can be expected, so far +from being an evil they become, under proper regulations, an +advantage to every Country, and highly deserve the fostering care of +every Government. It is not _Poverty_ therefore, that is in itself an +evil, while health, strength, and inclination, afford the means of +subsistence, and while work is to be had by all who seek it.--The evil +is to be found only in _Indigence_, where the strength fails, where +disease, age, or infancy, deprives the individual of the means of +subsistence, or where he knows not how to find employment when willing +and able to work. + +In this view _the Poor_ may be divided into five Classes:-- + + _The first Class_ comprehends what may be denominated _the + useful Poor_, who are able and willing to work--who have + already been represented as the pillars of the State, and + who merit the utmost attention of all Governments, with a + direct and immediate view of preventing their _poverty_ from + descending unnecessarily into _indigence_. As often as this + evil is permitted to happen, the State not only loses an + useful subject, but the expence of his maintenance must be + borne by the Public.--The great art, therefore, in managing + the affairs of the Poor, is to establish Systems whereby the + poor man, verging upon indigence, may be propped up and kept + in his station. Whenever this can be effected, it is done + upon an average at one-tenth of the expence at most that + must be incurred by permitting a family to retrograde into + a state of indigence, where they must be wholly maintained + by the Public, and where their own exertions cease in a + great measure to be useful to the Country. + + _The second Class_ comprehends the _vagrant Poor_, who are + able but not willing to work, or who cannot obtain + employment in consequence of their bad character. This class + may be said to have descended from poverty into beggary, in + which state they become objects of peculiar attention, since + the State suffers not only the loss of their labour, but + also of the money which they obtain by the present + ill-judged mode of giving charity. Many of them, however, + having become mendicants, more from necessity than choice, + deserve commiseration and attention, and nothing can promote + in a greater degree the cause of humanity, and the real + interest of the Metropolis, than an establishment for the + employment of this class of indigent Poor, who may be said + at present to be in a very deplorable state, those only + excepted who make begging a profession. It is only by a + plan, such as has been recommended, that the real indigent + can be discovered from the vagrant, and in no other way is + it possible to have that distinct and collected view of the + whole class of beggars in the Metropolis, or to provide the + means of rendering their labour (where they are able to + labour) productive to themselves and the State.--And it may + be further added with great truth, that in no other way is + it possible to prevent the offspring of such mendicants from + becoming _Prostitutes_ and _Thieves_. + + If, therefore, it is of importance to diminish crimes, and + to obstruct the progress of immorality, this part of the + Community ought to be the peculiar objects of a branch of + the National Police, where responsibility would secure an + accurate execution of the System. This measure ought to + begin in the Metropolis as an experiment, and when fully + matured might be extended with every advantage to the + Country. + + _The third Class_ may be considered under the denomination + of the _Indigent Poor_, who from want of employment, + _sickness, losses_, insanity or disease, are unable to + maintain themselves. + + In attending to this description of Poor, the first + consideration ought to be to select those who are in a state + to re-occupy their former station among the labouring Poor; + and to restore them to the first class as soon as possible, + by such relief as should enable them to resume their former + employments, and to help themselves and families. + + Where insanity, or temporary disease, or infirmity actually + exist, such a course must then be pursued as will enable + such weak and indigent persons, while they are supported at + the expence of the Public, to perform such species of + labour, as may be suited to their peculiar situations, + without operating as a hardship, but rather as an + amusement. In this manner it is wonderful how productive the + exertions of even the most infirm might be rendered.--But it + must be accomplished under a management very different, + indeed, from any thing which prevails at present. + + _The fourth Class_ comprehends the _aged and infirm_, who + are entirely past labour, and have no means of + support.--Where an honest industrious man has wasted his + strength in labour and endeavours to rear a family, he is + well entitled to an asylum to render the evening of his life + comfortable. For this class the gratitude and the humanity + of the Community ought to provide a retreat separate from + the profligate and vagrant Poor. But, alas! the present + System admits of no such blessing.--The most deserving most + submit to an indiscriminate intercourse in Workhouses with + the most worthless: whose polluted language and irregular + conduct, render not a few of those asylums as great a + punishment to the decent part of the indigent and infirm as + a common prison. + + _The fifth Class_ comprises the _Infant Poor_, who from + extreme indigence, or the death of parents, are cast upon + the public for nurture. One fifth part of the gross number + in a London Workhouse is generally composed of this class. + Their moral and religious education is of the last + importance to the Community. They are the children of the + Public, and if not introduced into life, under circumstances + favourable to the interest of the State, the error in the + System becomes flagrant.--Profligate or distressed parents + may educate their children ill; but when those under the + charge of Public Institutions are suffered to become + depraved in their progress to maturity, it is a dreadful + reproach on the Police of the Country.--And yet what is to + be expected from children reared in Workhouses, with the + evil examples before them of the multitudes of depraved + characters who are constantly admitted into those + receptacles? Young minds are generally more susceptible of + evil than of good impressions; and hence it is that the + rising generation enter upon life with those wicked and + dangerous propensities, which are visible to the attentive + observer in all the walks of vulgar life in this great + Metropolis. + +The limits of this Treatise will not permit the Author to attempt more +than a mere outline on the general subject of the Poor; a System of +all others the most difficult to manage and arrange with advantage to +the Community; but which is at present unhappily entrusted to the care +of those least competent to the task. + +The principle of the Statute of the 43d of Elizabeth is certainly +unobjectionable; but the execution, it must be repeated, is defective. +In short, no part of it has been effectually executed, but that which +relates to raising the assessments. It is easy to make Statutes; but +omnipotent as Parliament is said to be, it cannot give _knowledge_, +_education_, _public spirit_, _integrity_ and _time_, to those +Changeable Agents whom it has charged with the execution of the Poor +Laws. + +In the management of the affairs of the State, the Sovereign wisely +selects men eminent for their talents and integrity:--Were the choice +to be made on the principle established by the Poor Laws, the Nation +could not exist even a single year. + +In the private affairs of life, the success of every difficult +undertaking depends on the degree of abilities employed in the +management. In the affairs of the Poor, the most arduous and intricate +that it is possible to conceive, and where the greatest talents and +knowledge is required, the least portion of either is supplied. How +then can we expect success?--The error is not in the original design, +which is wise and judicious. The 43d of Elizabeth authorizes an +assessment to be made for three purposes. + + 1st. To purchase Raw Materials to set the Poor to work, who + could not otherwise dispose of their labour. + + 2d. To usher into the world, advantageously, the Children of + poor people, by binding them apprentices to some useful + employment. + + 3d. To provide for the lame, impotent and blind, and others, + being poor and not able to work. + +Nothing can be better imagined than the measures in the view of the +very able framers of this act: but they did not discover that to +execute such a design required powers diametrically opposite to those +which the law provided. The last two centuries have afforded a series +of proof of the total inefficacy of the application of these powers, +not only by the effects which this erroneous superintendence has +produced; but also from the testimony of the most enlightened men who +have written on the subject, from the venerable Lord Hale to the +patriotic and indefatigable Sir Frederick Eden. But the strongest +evidence of the mischiefs arising from this defective execution of a +valuable System, is to be found in the Statute Books themselves.[96] + +[Footnote 96: In the Preamble of the Statute on 3 & 4 _William_ and +_Mary_ _cap._ 11. and particularly Sec. 11 of that Act, in which the +sense entertained by Parliament, of the shocking abuses of the Statute +of Elizabeth, "through the unlimited power of Parish Officers," is +very forcibly expressed--the truths there stated are found to have +full force, even at the distance of more than a Century.] + +"The want of a due provision," says Lord Hale, "for the relief and +education of the Poor in the way of _industry_, is what fills the +gaols with Malefactors, the Country with idle and unprofitable +persons, that consume the stock of the Kingdom without improving it; +and that will daily increase even to a desolation in time--and this +error, in the first concoction, is never remediable but by gibbets and +whipping." + +That this will continue to be the case under any species of changeable +management, however apparently correct in theory the System may be, +must appear self-evident to every man of business and observation, +whose attention has been practically directed to the general operation +of the present mode in various parishes, and who has reflected deeply +on the subject. + +But to return to the immediate object of inquiry, namely, the means of +more effectually preventing the numerous evils which arise from +indigence and mendicity in the Metropolis, whether excited by idleness +or extreme and unforeseen pressures: Under every circumstance it would +seem impracticable without any burthen upon the Public, to provide for +all such at least as are denominated Casual Poor (from whom the +greatest part of this calamity springs) by adopting the following or +some similar plan, under the sanction of Government, and the authority +of the Legislature. + + That a Public Institution shall be established in the + Metropolis, with _three Chief Officers_, who shall be + charged with the execution of that branch of the Police, + which relates to STREET BEGGARS, and those classes of Poor + who have no legal settlements in the Metropolis, and who now + receive casual relief from the different Parishes, where + they have fixed their residence for the time;--and that + these principal Officers, (who may be stiled _Commissioners + for inquiring into the Cases and Causes of the Distress of + the Poor in the Metropolis_) should exercise the following + + FUNCTIONS:-- + + 1st. To charge themselves with the relief and management of + the whole of the _Casual Poor_, who at present receive + temporary aid from the different Parishes, or who ask alms + in any part of the Metropolis or its Suburbs. + + 2d. To provide Work-rooms in various central and convenient + situations in the Metropolis, where persons destitute of + employment may receive a temporary subsistence for labour. + To superintend these work-houses, and become responsible for + the proper management. + + 3d. To be empowered to give temporary relief to prop up + sinking families, and to prevent their descending from + poverty to indigence, by arresting the influence of + despondency, and keeping the spirit of industry alive. + + 4th. To assist in binding out the Children of the Poor, or + the Unfortunate, who have seen better days, and preventing + the females from the danger of becoming Prostitutes, or the + males from contracting loose and immoral habits, so as if + possible to save them to their parents, and to the state. + + 5th. To open offices of inquiry in different parts of the + Metropolis, where all classes of indigent persons, who are + not entitled to parochial relief, will be invited to resort, + for the purpose of being examined, and relieved according + to the peculiar circumstances of the case. + + 6th. To exercise the legal powers, through the medium of + Constables, for the purpose of compelling all Mendicants, + and idle destitute Boys and Girls who appear in the streets, + to come before the Commissioners for examination; that those + whose industry cannot be made productive, or who cannot be + put in a way to support themselves without alms, may be + passed to their Parishes, while means are employed to bind + out destitute Children to some useful occupation. + + 7th. To keep a distinct Register of the cases of all + Mendicants or distressed individuals, who may seek advice + and assistance, and to employ such means for alleviating + misery, as the peculiar circumstances may suggest--never + losing sight of indigence, until an asylum is provided for + the helpless and infirm, and also until the indigent, who + are able to labour, are placed in a situation to render it + productive. + + 8th. That these Commissioners shall report their proceedings + annually, to his Majesty in Council, and to Parliament; with + abstracts, shewing the numbers who have been examined--How + disposed of--The earning of the persons at the different + Work-rooms--The annual expence of the Establishment; + together with a general view of the advantages resulting + from it; with the proofs of these advantages. + +Towards defraying the whole expence of this Establishment it is +proposed, that (in lieu of the Casual Charity, paid at present by all +the Parishes in the Metropolis, which under this System will cease, +together with the immense trouble attached to it,) each Parish in the +Metropolis shall pay into the hands of the Receiver of the Funds of +this _Pauper Police Institution_, a sum equal to what was formerly +disbursed in casual relief, which for the purpose of elucidation, is +estimated as follows:-- + + L. _s._ _d._ + 97 Parishes within the Walls, + average 10_l._ each 970 0 0 + + 16 Parishes without the Walls, in London and + Southwark, average 60_l._ each 960 0 0 + --------------- + L.1,930 0 0 + + 23 Out-parishes in Middlesex and Surry, + average 100_l._ each 2,300 0 0 + + 10 Parishes in Westminster, + average 100_l._ each 1,000 0 0 + --- --------------- + 146 L.5,230 0 0 + --- + +This sum (which is supposed to be not much above one half of the +average Annual disbursements of the 146 Parishes above-mentioned; +especially since it has been shewn, that the expence in St. Giles' and +St. George Bloomsbury alone, has been 2000_l._ in one year) will +probably, with oeconomy and good management, be found sufficient for +all the relief that is required; more especially as the object is not +to maintain the indigent, but to put them in a way of supporting +themselves by occasional pecuniary aids well and judiciously applied. + +The experiment is certainly worth trying. In its execution some of the +most respectable and intelligent individuals in the Metropolis, would +gratuitously assist the Commissioners, who as taking responsibility +upon them, in the direction of a most important branch of Police, +ought undoubtedly to be remunerated by Government, especially as it is +scarcely possible to conceive any mode in which the Public money could +be applied, that would be productive of such benefit to the State. + +If that utility resulted from the design, which may reasonably be +expected, it would of course extend to other great towns, as the +private _Soup Establishments_ have done, and the condition of the poor +would undergo a rapid change. The destitute and forlorn would then +have some means of communicating their distress, while information and +facts of the greatest importance, to the best interests of Society, +would spring from this source. + +With respect to the general affairs of the poor, much good would arise +from consolidating the funds of all the parishes in the Metropolis. + +The poor for instance, who are supported from the parochial funds of +Bethnal Green, and other distressed parishes in the eastern parts of +the Metropolis, are the labourers of the citizens and inhabitants of +the 97 Parishes within the Walls, who, although opulent pay little or +nothing to the Poor, since the city affords no cottages to lodge them. + +Why, therefore, should not the inhabitants of the rich parishes +contribute to the relief of the distresses of those who waste their +strength in contributing to their _ease_, _comfort_, and _profit_? In +several of the most populous Parishes and Hamlets in the eastern part +of the Town, the Poor may actually be said to be assessed to support +the indigent. In the very populous Hamlet of Mile-End New Town, where +there is scarcely an inhabitant who does not derive his subsistence +from some kind of labour, the rates are treble the assessments in +Mary-le-bone, where opulence abounds. Nothing can exceed the +inequality of the weight for the support of the Poor in the +Metropolis; since where the demand is greatest, the means of supply +are always most deficient and inadequate. + +Certain it is that the whole system admits of much improvement, and +perhaps at no period, since the Poor Laws have attracted attention, +did there exist so many able and intelligent individuals as at +present, who have been excited by motives of patriotism and +philanthropy, to devote their time to the subject. + +At the head of this most Respectable Group stands Sir FREDERICK EDEN; +a gentleman, whose entrance into life, has been marked by a display of +the most useful talents, manifested by an extent of labour and +perseverance, in his elaborate work on the Poor, which may be said to +be unparalleled in point of information, while it unquestionably +exhibits the respectable Author as a character in whose patriotism and +abilities the State will find a considerable resource, in whatever +tends to assist his Country, or to improve the condition of Human +Life. + +To the Lord Bishop of Durham, the Earl of Winchelsea, Count Rumford, +Sir William Young, Thos. Ruggles, Esq. William Morton Pitt, Esq. +Jeremy Bentham, Esq. Robert Saunders, Esq. Thomas Bernard, Esq. +William Wilberforce, Esq. Rowland Burdon, Esq. the Rev. Dr. Glasse, +the Rev. Thomas Gisburn, the Rev. Mr. Howlet, Mr. Davis, Mr. Townsend, +Arthur Young, Esq. and William Sabatier, Esq. as well as several other +respectable living characters, who have particularly turned their +thoughts to the subject of the Poor, the Public are not only already +much indebted, but from this prolific resource of judgment, talents, +and knowledge, much good might be expected, if ever the period shall +arrive when the revision of the Poor Laws shall engage the attention +of the Legislature. + +The measure is too complicated to be adjusted by men, who have not +opportunities or leisure to contemplate its infinite ramifications. + +It is a task which can only be executed with accuracy by those, who +completely understand the subject as well in practice as in theory, +and who can bestow the time requisite for those laborious +investigations, which must be absolutely necessary to form a final +opinion, and to report to Parliament what is most expedient, under all +circumstances, to be done in this important National Concern. + +Happy is it for the country, that a resource exists for the attainment +of this object, than which nothing can contribute, in a greater +degree, to the prevention of Crimes, and to the general improvement of +Civil Society. + + + + +CHAP. XIV. + + _The state of the Police, with regard to the detection of + different classes of offenders, explained.--The necessity, + under the present circumstances, of having recourse to the + known Receivers of stolen Goods, for the purpose of + discovering Offenders, as well as the property stolen.--The + great utility of Officers of Justice as safeguards of the + Community.--The advantages to be derived from rendering them + respectable in the opinion of the Public. Their powers, by + the common and statute law, are extensive.--The great + antiquity of the Office of Constable, exemplified by + different Ancient Statutes.--The authority of Officers and + others explained, in apprehending persons accused of + felony.--Rewards granted in certain cases as encouragements + to Officers to lie vigilant:--The statutes quoted, + applicable to such rewards, shewing that they apply to ten + different offences.--The utility of parochial Constables, + under a well-organized Police, explained.--A fund for this + purpose would arise from the reduction of the expences of + the Police by the diminution of Crimes.--The necessity of a + competent fund explained.--The deficiency of the present + System exemplified in the effect of the presentments by + Constables to the Grand Inquest.--A new System + proposed.--The functions of the different classes of + Officers, explained.--Salaries necessary to all.--The System + of rewards, as now established, shewn to be radically + deficient; exemplified by the circumstance, that in 1088 + prisoners, charged at the Old Bailey in one year, with 36 + different offences, only 9 offences entitled the + apprehenders to any gratuity:--Improvements suggested for + the greater encouragement of Officers of Justice.--1043 + Peace Officers in the Metropolis and its vicinity, of whom + only 90 are stipendiary Constables.--Little assistance to + be expected from Parochial Officers, while there exists no + fund for rewarding extraordinary services.--Great advantages + likely to result from rewarding all Officers for useful + services actually performed.--The utility of extending the + same gratuities to Watchmen and Patroles.--Defects and + abuses in the System of the Watch explained.--The number of + Watchmen and Patroles in the Metropolis estimated at + 2044:--A general System of superintendance suggested.--A + view of the Magistracy of the Metropolis.--The efficient + duty shewn to rest with the City and Police + Magistrates.--The inconvenience of the present + System.--Concluding Observations._ + + +As it must be admitted, that the evils arising from the multiplied +crimes detailed in the preceding Chapters, render a correct and +energetic System of Police with regard to the _detection_, +_discovery_, and _apprehension_ of offenders, indispensably necessary +for the safety and well-being of Society; it follows of course, in +the order of this Work, to explain _how this branch of the public +service is conducted at present, the defects which are apparent,--and +the means of improving the System_. + +When robberies or burglaries have been committed in or near the +Metropolis, where the property is of considerable value, the usual +method at present, is to apply to the City Magistrates, if in London; +or otherwise, to the Justices at one of the Public Offices,[97] and to +publish an Advertisement offering a reward on the recovery of the +articles stolen, and the conviction of the offenders.[98] + +[Footnote 97: It is a well-known fact, that many persons who suffer by +means of small Robberies, afraid of the trouble and expence of a +prosecution, submit to the loss without inquiry; while others from +being strangers to the laws, and to the proper mode of application, +fall into the same mistake; this, by proving a great encouragement to +thieves of every class, is of course an injury to the Public.--In all +cases where robberies are committed, the parties sustaining the loss +have only to inquire for the nearest Public Office, and apply there, +and state the case to the sitting Magistrates, who will point out the +proper mode of detection; every assistance through the medium of +constables, will then be given for the purpose of recovering the +property and apprehending the offenders.--The same assistance will be +afforded by the Lord Mayor and Aldermen, sitting at the Mansion-house +and Guildhall, whenever the offence is committed within the limits of +the City of London.] + +[Footnote 98: It had been usual for many years previous to 1752, when +robberies were committed, to make a composition of the felony, by +advertising a reward to any person who would bring the property +stolen, to be paid without asking any questions; but the pernicious +consequences of recovering goods in this way from the encouragement +such advertisements held out to thieves and robbers of every +description, became so glaring and obvious, that an Act passed the +25th year of George II. cap. 36. _inflicting a penalty of 50l. on +any person_ (including the printer and publisher) _who shall publicly +advertise a reward for the return of stolen goods with "no questions +asked," without seizing the person producing the goods stolen:--or who +shall offer to return to any pawnbroker, or other person, the money +lent thereon, or any other reward for the return of the articles +stolen_.] + +In many cases of importance, to the reproach of the Police, recourse +is had to noted and known Receivers of stolen Goods for their +assistance in discovering such offenders, and of pointing out the +means by which the property may be recovered: this has on many +occasions been productive of success to the parties who have been +robbed; as well as to the ends of public justice; for however +lamentable it is to think that Magistrates are compelled to have +recourse to such expedients, yet while the present System continues, +and while robberies and burglaries are so frequent, without the means +of prevention, there is no alternative on many occasions _but to +employ a thief to catch a thief_. + +It is indeed so far fortunate, that when the influence of Magistrates +is judiciously and zealously employed in this way, it is productive in +many instances of considerable success, not only in the recovery of +property stolen, but also in the detection and punishment of atrocious +offenders. + +Wherever activity and zeal are manifested on the part of the +Magistrates, the Peace Officers, under their immediate direction, +seldom fail to exhibit a similar desire to promote the ends of public +justice. And when it is considered that these Officers, while they +conduct themselves with purity, are truly _the safeguards of the +Community_, destined to protect the Public against the outrages and +lawless depredations of a set of miscreants, who are the declared +enemies of the State, by making war upon all ranks of the body +politic, who have property to lose;--they have a fair claim, while +they act properly, to be esteemed as "_the civil defenders of the +lives and properties of the People_." + +Every thing that can heighten in any degree the respectability of the +office of _Constable_, adds to the security of the State, and the +safety of the life and property of every individual. + +Under such circumstances, it cannot be sufficiently regretted that +these useful constitutional officers, destined for the protection of +the Public, have been (with a very few exceptions) so little regarded, +so carelessly selected, and so ill supported and rewarded for the +imminent risques which they run, and the services they perform in the +execution of their duty. + +The common Law, as well as the ancient Statutes of the kingdom, having +placed extensive powers in the hands of _Constables_ and _Peace +Officers_;--they are, in this point of view, to be considered as +_respectable_;--and it is the interest of the Community, that they +should support that rank and character in society, which corresponds +with the authority with which they are invested.--If this were +attended to, men of credit and discretion would not be so averse to +fill such situations; and those pernicious prejudices, which have +prevailed in vulgar life, and in some degree among the higher ranks in +Society, with regard to _thief-takers_, would no longer operate; for +it is plain to demonstration, "_that the best laws that ever were made +can avail nothing, if the Public Mind is impressed with an idea, that +it is a matter of infamy, to become the casual or professional agents +to carry them into execution_." + +This absurd prejudice against the office of Constable, and the small +encouragement which the major part receive, is one of the chief +reasons why unworthy characters have filled such situations; and why +the public interest has suffered by the increase of crimes. + +The office of Constable is as old as the Monarchy of England;--and +certainly existed in the time of the Saxons.[99]--The law requires +that he should be _idoneus homo_: or in other words, _to have honesty +to execute the office without malice, affection, or partiality; +knowledge to understand what he ought to do; and ability, as well in +substance or estate, as in body_, to enable him to conduct himself +with utility to the public. + +[Footnote 99: Fineux.] + +The Statute of Winchester, made in the 13th year of Edward the First +(anno 1285) appoints two Constables to be chosen in every Hundred; and +such seems to have been the attention of the Legislature to the Police +of the Country at that early period of our history, "_that suspicious +night-walkers are ordered to be arrested and detained by the +watch_."[100] + +[Footnote 100: Winton, chap. 4.] + +The Statute of 5 Edward III. _cap._ 14, (anno 1332) empowers +Constables "_to arrest persons suspected of man-slaughter, felonies, +and robberies, and to deliver them to the Sheriff, to be kept in +prison till the coming of the Justices_:" and another Act of the 34th +of the same reign, _cap._ 1, (made anno 1361,) empowers Justices, +(_inter alia_) "_to inquire after wanderers, to arrest and imprison +suspicious persons, and to oblige persons of evil fame to give +security for good behaviour; so that the People may not be troubled by +rioters, nor the peace blemished; nor Merchants and others travelling +on the highways be disturbed or put in peril by such offenders_." + +By the common law, every person committing a felony may be arrested by +any person whomsoever present at the fact, who may secure the prisoner +in gaol, or carry him before a Magistrate,[101]--and if a prisoner +thus circumstanced, resists and refuses to yield, those who arrest +will be justified in the beating him,[102] or, in case of absolute +necessity, even killing him.[103] + +[Footnote 101: Hale.] + +[Footnote 102: Pult. 10, a.] + +[Footnote 103: Hale.] + +In arresting persons on suspicion of a felony, actually committed, +_common fame_ has been adjudged to be a reasonable cause.[104] + +[Footnote 104: Dalton.] + +There are four methods, known in law, by which Officers of Justice, +as well as private individuals, may arrest persons charged with +felony.--1. _By the warrant of a Magistrate._--2. _By an Officer +without a warrant._--3. _By a Private Person without a warrant._--And +4. _By Hue-and-Cry._[105] + +[Footnote 105: Blackstone.] + +When a warrant is received by an Officer, he is bound to execute it, +so far as the jurisdiction of the Magistrate and himself extends.--But +the _Constable_ having great original and inherent authority, may, +_without warrant_, apprehend any person for a breach of the Peace: and +in case of felony, _actually committed_, he may, on probable +suspicion, arrest the felon: and for that purpose (as upon the warrant +of a Magistrate,) he is authorised to break open doors, and even +justified in killing the felon, if he cannot otherwise be taken.[106] + +[Footnote 106: Blackstone.] + +All persons present, when a felony is committed, are bound to arrest +the felon, on pain of fine and imprisonment, if he escapes through +negligence of the by-standers; who will (the same as a constable) in +such case be justified in breaking open doors, to follow such felon, +and even to kill him if he cannot be taken otherwise.[107] + +[Footnote 107: Blackstone.] + +The other species of arrest is called _Hue-and-Cry_, which is an +_alarm raised in the country_ upon any felony being committed. This +was an ancient practice in use as far back as the reign of Edward the +First, (1285) by which, in the then infant state of society, it +became easy to discover criminal persons flying from justice. + +However doubtful the utility of this ancient method of detecting +offenders may be, in a great Metropolis, in the present extended state +of Society, it is plain, that it has been considered as an important +regulation of Police so late as the 8th George II. (1735;) since it +was enacted in that year, (stat. 8, George II. cap. 16.) that the +Constable who neglects making _hue-and-cry_, shall forfeit five +pounds; and even the district is liable to be fined (according to the +law of Alfred) if the felony be committed therein, and the felon +escapes.[108] This, however, applies more particularly to the country, +and where the practice cannot fail to be useful in a certain degree. + +[Footnote 108: Blackstone.] + +When a _hue-and-cry_ is raised, every person, by command of the +Constable, must pursue the felon, on pain of fine and imprisonment. + +In this pursuit also, Constables may search suspected houses if the +doors be open: _but unless the felon is actually in the house_, it +will not be justifiable to use force; nor even then, except where +admittance has been demanded and refused. + +A Constable, even without any warrant, may break open a door for the +purpose of apprehending a felon; but to justify this measure, he must +not only shew that the felon was in the house, but also that access +was denied after giving notice that he was a Constable, and demanding +admittance in that capacity.[109] In the execution of the warrant of a +Magistrate, the Officer is certainly authorized to break open the +doors of the felon, or of the house of any person where he is +concealed.--The first is lawful under all circumstances; but forcibly +entering the house of a stranger may be considered as a trespass, if +the felon should not be there.[110] + +[Footnote 109: Hale.] + +[Footnote 110: Hale.] + +Such are the powers with which Constables are invested,--and which +are, in many instances, enforced by penalties; that public justice may +not be defeated.[111] + +[Footnote 111: It may not be improper in this place to hint, that +there is a deficiency in the present state of the Law, which calls +aloud for a remedy. None can be arrested on a Sunday, but for felony +or breach of the peace (except in certain cases, where their guilt has +been previously decided on, as in _Escape_, &c.) By this means +Lottery-Vagrants, Gamblers, Sharpers, and Swindlers, bid defiance to +the Civil Power on that day; while a person guilty of pushing or +striking another in an accidental squabble, may be arrested and +confined.] + +In addition to this, the wisdom of the Legislature, as an +encouragement to officers and others to do their duty in apprehending +and prosecuting offenders, has granted rewards in certain cases; +_Namely_, + + 4 Will. & Mary, 1. For apprehending, and prosecuting L. + c. 8; and 6 to conviction, every robber, on the + Geo. I. c. 23. highway, including the streets of the + Metropolis, and all other towns, a reward + of 40_l._ besides the _horse_, _furniture_, + _arms_, and _money_, of the said robber, + if not stolen property: to be paid + to the person apprehending, or if killed + in the endeavour, to his Executors. 40 + + And the Stat. 8 Geo. II. c. 16. superadds + 10_l._ to be paid by the Hundred + indemnified by such taking. + + 6 & 7 Will. and 2. For apprehending, and prosecuting + Mary, c. 17; to conviction every person who + and 15 & 16 shall have counterfeited, clipped, washed,[112] + Geo. II. c. 28. filed, or diminished the current + coin; or who shall gild silver to make + it pass as gold, or copper, as silver,--or + who shall utter false money, (being + the third offence) or after being once + convicted of being a common utterer, + &c. a reward of 40 + + 3. For apprehending, and prosecuting + to conviction, every person counterfeiting + copper money, a reward of 10 + + 10 and 11 Will. 4. For apprehending, and prosecuting + III. c. 23. to conviction, every person privately + stealing to the value of 5_s._ from any + _shop_, _warehouse_, or _stable_, a Tyburn + ticket,[113] average value, about 20 + + 10 & 11 Will. 5. For apprehending, and prosecuting + III. c. 23. to conviction, every person charged + 5 Ann. c. 32. with a burglary, a reward of 40_l._ (to + the apprehender, or if killed, to his + executors) in money, and a Tyburn + ticket, 20_l._ 60 + + 6. For apprehending, and prosecuting + to conviction, every person charged + with house-breaking in the day-time, + 40_l._ in money, and a Tyburn ticket 60 + + 7. For apprehending, and prosecuting + to conviction, any person charged + with horse-stealing, a Tyburn Ticket 20 + + 6 Geo. I. 8. For apprehending, and prosecuting + c. 23. with effect, a person charged with + the offence of compounding a felony, + by taking money to help a person to + stolen goods, without prosecuting and + giving evidence against the felon 40 + + 14 Geo. II. 9. For apprehending, and prosecuting + c. 6. with effect, a person charged with + 15 Geo. II. stealing, or killing to steal, any sheep, + c. 34. lamb, bull, cow, ox, steer, bullock, + heifer, or calf 10 + + 16 Geo. II. 10. For apprehending, and prosecuting + c. 15. with effect, persons returning from + 8 Geo. III. transportation 20 + c. 15. + +[Footnote 112: In consequence of some doubts which have been started +relative to washed money, the reward in this case is not paid; it is +confined entirely to the conviction of _Coiners_.] + +[Footnote 113: This is a Certificate which may be assigned _once_, +exempting the person who receives it, or his immediate assignee, from +all offices within the parish or ward where the felony was committed. +In some parishes it will sell from 25_l._ to 30_l._ In others it is +not worth above 15_l._ to 18_l._ according to local situation.] + +These rewards apply to ten different offences, and ought, no doubt, to +be a considerable spur to Officers to do their duty; but it may be +doubted whether this measure has not, in some degree, tended to the +increase of a multitude of smaller crimes which are pregnant with the +greatest mischiefs to Society.--It is by deterring men from the +commission of _smaller_ crimes (says the Marquis Beccaria) that +_greater_ ones are prevented. + +If small rewards were given in cases of _Grand Larceny_, (now very +numerous,) as well as of several other felonies, frauds, and +misdemeanors, a species of activity would enter into the system of +detection, which has not heretofore been experienced. + +While rewards are limited to higher offences, and CONVICTION _is the +indispensable condition upon which they are granted_, it is much to be +feared that lesser crimes are overlooked; and the Public subjected, in +many instances, to the intermediate depredations of a rogue, from his +first starting upon the town until he shall be worth 40_l._ + +This system of giving high rewards only on conviction, also tends to +weaken evidence: since it is obvious that the Counsel for all +Prisoners, whose offences entitle the Prosecutors and Officers to a +reward, generally endeavour to impress upon the minds of the Jury an +idea, that witnesses, who have a pecuniary interest in the conviction +of any offender standing upon trial, are not, on all occasions, +deserving of full credit, unless strongly corroborated by other +evidence; and thus many notorious offenders often escape justice. + +By altering the system entirely, and leaving it in the breast of the +Judge who tries the offence, to determine what reward shall be +allowed, with a power to _grant_ or _withhold_, or to _limit_ and +_increase the same_, according to circumstances connected with the +trouble and risk of the parties, _whether there is a conviction or +not_, a fairer measure of recompence would be dealt out;--the public +money would be more beneficially distributed,[114] so as to excite +general activity in checking every species of criminality;--and the +objections, now urged against Officers and Prosecutors as interested +witnesses, would, by this arrangement, be completely obviated. + +[Footnote 114: The expence to the Public for rewards paid by the +Sheriffs of the different Counties for 12 years, from 1786 to 1797 +inclusive, appears from the Appendix of the 28th Report of the Select +Committee on Finance, page 104, to stand thus: + + 1786 L.10,840 + 1787 15,060 + 1788 6,590 + 1789 7,340 + 1790 8,970 + 1791 6,050 + -------- + L.54,850 + + 1792 L.7,330 + 1793 8,160 + 1794 7,140 + 1795 3,290 + 1796 4,010 + 1797 9,650 + -------- + L.39,580 + -------- + Total in 12 years, L.94,430.] + +For the purpose of elucidating these suggestions, it may be useful to +examine the different offences which constitute the aggregate of the +charges made against criminals arraigned at the Old Bailey, in the +course of a year. + +With this view the following statement is offered to the consideration +of the Reader.--It refers to a period of profound peace (as most +likely to exhibit a true average) and contains a register of the +trials, published by authority, including eight sessions from +September 1790 to 1791. From this it appears that 1088 prisoners were +tried for different offences in that year, and that 711 were +_discharged_! and yet, striking as this may appear, it may be asserted +on good grounds, that the following melancholy Catalogue (extensive as +it seems to be) does not probably contain even _one-tenth part_ of the +offences which are actually committed! + + 6 For Treason in making false money L. + _A reward in money on conviction amounting for each to_ 40 + + 81 Highway Robberies + _A reward (besides the highwayman's property) for each_ 40 + + 41 Burglaries + _A reward 40l. besides a Tyburn ticket worth 20l._ 60 + + 10 House Breaking in the day time + _A reward 40l. besides a Tyburn ticket worth 20l._ 60 + + 23 Stealing goods to the value of 5_s._ from a shop, &c. + _A Tyburn ticket value as above, average_ 20 + + 3 Coining Copper Money + _A reward in money_ 10 + + 17 Horse stealing + _A reward in a Tyburn ticket, average value_ 20 + + 10 For Stealing Cattle and Sheep + _A reward in money_ 10 + + 2 Returning from Transportation + _A reward in money_ 20 + --- + 193 Prisoners tried for offences entitling the apprehenders to + --- rewards on conviction; and 895 also tried, for which + no rewards are allowed, _viz._ + + 10 for Murders + 4 Arson + 10 Forgeries + 2 Piracies + 4 Rapes + 642 Grand Larcenies[115] + 32 Stealing privately from persons + 13 Shop-lifting under 5_s._ + 16 Ripping and stealing Lead + 12 Stealing Pewter Pots + 22 Stealing from furnished Lodgings + 1 Stealing Letters + 1 Stealing a Child + 22 Receiving Stolen Goods + 9 for Dealing in and uttering base Money + 1 Sodomy + 7 Bigamy + 6 Perjuries + 6 Conspiracies + 3 Fraudulent Bankrupts + 15 Frauds + 9 Misdemeanors + 1 Assaulting, and cutting Clothes + 1 Smuggling + 7 Obstructing Revenue Officers + 1 Wounding a Horse maliciously + 38 Assaults + --- + 89, Total. + + 193 For which rewards were paid. + + 445 Prisoners from the late Sheriffs. + --- + Aggregate number 1533 + +[Footnote 115: Grand Larceny is defined to be a felonious and +fraudulent taking away by any person, of the mere personal goods of +another, above the value of _twelve pence_.--1 _Hawk. P.C._ _c._ 33. Sec. +1.] + + _Disposed of as follows, viz._ + + Executed 32 + Died 25 + Sent to the Hulks 2 + Transported 517 + Removed to other Prisons 95 + Transferred to the new Sheriffs 151 + Discharged upon the town 711 + ---- + 1533 + +Thus it appears that murders, as well as several other very atrocious +crimes, are committed, where officers of justice are not entitled to +any reward for their trouble and risque in apprehending the offenders. + +Receivers of stolen Goods in particular, who, as has been repeatedly +stated, are _the nourishers and supporters of thieves_, and who, of +all other offenders, are of that class where the greatest benefit to +the public is to arise from their discovery and apprehension, seem to +be totally overlooked. + +If it should be thought too loose a system to allow rewards _not +exceeding a certain sum in any one case_, to be distributed according +to the discretion of the Judges who try the offence; perhaps it might +be possible _to form a scale of premiums_ from _one guinea up to fifty +pounds_, which, by holding out certain encouragement _in all cases +whatsoever_, might not only excite a desire on the part of men of some +property and respectability to become Officers of Justice: but would +create that species of _constant vigilance and attention_ to the means +of apprehending every class of offenders, which cannot be expected at +present, while the rewards are so limited. + +The _Officers of Justice_, (parochial and stipendiary) who are +appointed to watch over the Police of the Metropolis and its environs, +in keeping the peace, and in detecting and apprehending offenders, +amount at present (as near as possible) to 1040 individuals, under +five separate jurisdictions, _and are arranged as follows_: + +OFFICERS, &c. + + _London, 1st._ { The City of London in } City Marshals 2 + { 25 Wards, exclusive of } Marshals' Men 6 + { Bridge Without. } Beadles 36 + + { Principals 98 + Parochial Constables { Substitutes 145 + { --- 243 + { Extra Officers 32 + --- 319 + + _Westminster, { The City and Liberty } High Constable 1 + 2d._ { of Westminster, 9 } + { parishes and 2 } Parochial + { precincts } Constables 70 + --- 71 + + _Middlesex, { The Division of } High Constable 1 + 3d._ { Holborn, in Middlesex, } Parochial + { joining the Metropolis, } Constables & + { in 13 parishes, } Headboroughs 78 + { liberties, and manors } -- 79 + { + { The Division of } High Constable 1 + { Finsbury, in Middlesex, } Parochial + { joining the Metropolis } Constables & + { 4 parishes and } Headboroughs 68 + { 1 liberty } -- 69 + { + { The Division called } High Constable 1 + { the Tower Hamlets, } Parochial + { including the eastern } Constables & + { part of the Metropolis, } Headboroughs 217 + { and comprehending 10 } --- 218 + { parishes, 4 hamlets, 1 } + { liberty, and } + { 2 precincts } + + _Tower Liberty, { The liberty of the } High Constable 1 + 4th._ { Tower of London, } Constables & + { being a separate } Headboroughs 16 + { jurisdiction } -- 17 + + The Division of } High Constable + Kensington, Chelsea, &c. } Parochial + comprehending 2 parishes } Constables & + and 3 hamlets } Headboroughs --- 22 + + _Surry, 5th._ { The Borough of } High Constable 1 + { Southwark, &c. } Constables 87 + { comprehending 9 } -- 88 + { Parishes. } + --- + Total Parochial Officers 883 + + To which are to be added the stated Officers of Police, + specially appointed for the purpose of preventing crimes, + and of detecting and apprehending offenders. + + 1. The establishment at Bow-Street, under the + direction of the three Magistrates presiding at + that Office, viz. Constables 6 + + and (under the direction of Sir W. ADDINGTON, + Knt.) Patroles for the Road 68 + -- 74 + + 2. The establishment of seven Public Offices by + the Act of the 32d of his present Majesty, + cap. 53, under the direction of three Magistrates + at each Office, viz. + + Constables at the Public Office, Queen-Square 6 + Marlborough-St. 6 + Hatton Garden 6 + -- + 18 + + Constables at the Public Office, Worship-Street 6 + Whitechapel 6 + Shadwell 6 + Union Hall, Southw. 6 + -- 42 + --- + Total Civil Force in the Metropolis 999 + + To which add the Civil Force of the Thames Police + Establishment;[116] established in July 1798, + under the sanction of Government 41 + ---- + Total 1040 + +[Footnote 116: The Thames Police Establishment fluctuates according to +the Season of the year, and the number of West India ships on the +River.-- + + The permanent force in House Constables, Boat Surveyors, + and Water Officers, &c. is 41 + + The fluctuating Civil Force in { Ship Constables 150 + { Quay Guards 30 + --- + Total Civil Force of the Marine Police Establishment + when the West-India Fleets are in port 221] + +Of these 1040 Officers the Reader will observe, that only 89 +(exclusive of the thirty-two extra officers in the City of London; and +the sixty-eight patroles at Bow-street; making in the whole no more +than 189,) _are Stipendiary Officers_, particularly pledged to devote +their whole time to the service of the Public:--and hence a question +arises, Whether so small a number are sufficient for the purpose of +watching and detecting the hordes of villains who infest the +Metropolis, and who must be considerably increased on the return of +peace? + +Little assistance can be expected under the present System from +parochial officers; who, depending on their daily labour principally +for their support, can afford to devote no more time than is +absolutely necessary for their indispensable duties, during the 12 +months they are in office: and more especially since Magistrates have +no power, or funds, to remunerate such parochial officers for +extraordinary exertions in the Public service, however meritorious +they may be;--hence it is, that their zeal and activity are checked in +many instances; when under proper regulations (such as are hereafter +suggested) and subject to a certain degree of control and discipline, +and properly remunerated for their services they might be rendered +extremely useful. These facts, joined to the further elucidation of +this particular branch of the subject, it is earnestly to be hoped, +may produce an arrangement of more _energy_ and _effect_ than exists +under the present system. + +Officers of Justice, who are subjected not only to considerable risks, +but also to want of rest, and to the inconvenience of being exposed +much in the night-time, ought certainly to be liberally paid; so as to +make it an object to _good_ and _able men_ even to look up to such +situations. + +It having been thus shewn that the Stipendiary Constables are so +inconsiderable in point of numbers, and their duty confined to +particular objects, it follows that on the parochial officers the +Public ought, in a considerable degree, to depend for the general +prevention of offences, and particularly for defeating the crafty and +iniquitous devices which are resorted to for the purpose of evading +the operation of justice.--These men also from their local knowledge +are, or ought to be, best qualified to procure accurate information, +and to supply what may be necessary to enable Magistrates to discharge +their duty with advantage to the Community, and by this means they +might be rendered useful auxiliaries to the existing Police. + +It would seem, therefore, of the highest importance that arrangements +should be formed, calculated to give to these constitutional +safe-guards of the peaceful subject, that utility, energy, and effect, +which originally resulted from the exercise of their functions,--which +the present state of Society imperiously calls for, and without which +the preventive System of Police can never be effectual. + +On looking accurately into the nature and effect of the institution of +Constables, it will be found that the vigor and efficacy of the Civil +Power, the security of innocence,--the preservation of good order, and +the attainment of justice, depend in a great measure on the accuracy +of the System, with respect to these Officers assigned to keep the +peace in the respective parishes of the Metropolis; and it is because +the original spirit of the design has been, in so many instances, +abandoned that crimes have multiplied, and that the public are so +insecure. + +The evil, however, admits of practicable remedies, which the +Superintending Board of Police, recommended by the Select Committee +of the House of Commons, might considerably facilitate, by methodizing +the general design, and giving strength, intelligence, and uniformity +to the whole. + +Preparatory to this object, however, the System in the respective +parishes must be greatly improved, before a co-operation can be +expected that will prove extensively beneficial to the Public. + +The first step to be pursued, is to establish a fund for the +remuneration of Constables of every description. It will not be +difficult to demonstrate that a resource may be found for this +purpose, which will not impose any new burden on the Country, provided +these Officers do their duty. + +The enormous expence at present incurred, and which is either defrayed +from the County Rates, or the general Revenue of the Country, arises +chiefly after offenders are detected and punished. Out of 234,153_l._ +a year stated by the Committee on Finance, to be the annual amount of +the Police expences, only 26,183_l._ is incurred previous to +detection.--By diminishing crimes, therefore, the chief part of the +burden upon the Country will be taken away; and hence in this saving +will be established a resource for the remuneration of those who may +contribute to so important an object. + +The present expenditure of the County Rates for criminal offences, is +estimated to amount to 50,000_l._ a year. In proportion as offences +diminish, through the medium of a well-organized and energetic +Police, will this burden upon the Poor Rates also be diminished. + +Independent, therefore, of the policy of improving the system with +respect to parochial Constables, by attaching a greater degree of +responsibility to their situation, and introducing that discipline and +systematic activity, which can alone render their services +effectual--the plan may even be recommended as a proper arrangement in +point of oeconomy. + +It is in vain to expect energy or attention in the execution of any +Public duty, unless there be that personal responsibility which is not +to be obtained without emolument. To render Officers of Justice, +therefore, useful to the Public, they must be stimulated by +interest:--they must, in fact, be paid for devoting a portion of their +time to the comfort and security of others. The Law may inflict, and, +indeed, has inflicted, penalties for the neglect of specific duties; +but this will not establish that sort of Police which the present +state of Society requires.--This is strongly exemplified in what may +not be improperly called the _Mockery of Police_, which is exhibited +in the periodical presentments by Constables, of public grievances and +nuisances, before the Grand Inquest, four times a year at +Westminster-hall, and twice before the Magistrates of the Sessions +held at Guildhall in the City of Westminster. These presentments, +although in themselves of the highest importance, have degenerated +into what may now be considered as an useless and burdensome +formality; at best it is a tedious, expensive, and circuitous, mode of +removing nuisances and inconveniences, and so ill-suited to the +present state of Society, that several modern parochial Acts have +given relief in a summary way before Magistrates. + +The fact is, that in a great majority of instances where presentments +are made, the evils they describe, though often highly prejudicial, +are suffered to accumulate with increasing malignity, at the same time +frequently generating other mischiefs and pressures of a tendency +equally pernicious to the Community. + +It is admitted, that the proper Officer of the Crown notifies to the +parties implicated in the presentment, the determination of the +Inquest; but a prosecution seldom ensues. The Constable has neither +money nor time to follow it up; and the matter is discharged when the +customary term expires, on the payment of a Fee of 16_s._ 9_d._ or +more, according to the length of the presentment; and thus the +business terminates in the emolument of an individual, and in the +continuance of the abuse. + +The same system prevails at the Sessions at Westminster. When Juries +make presentments of nuisances or evils in their respective districts, +the Constables have general orders to prosecute, which is not done; +and, indeed, to compel an Officer serving gratuitously, to incur an +expence for the Public interest which he cannot afford, would be an +act of manifest injustice; and unless a fund be provided in numerous +cases, he must be under the necessity of declining such prosecutions. + +But would it not be far better to bring such minor offences at once +under the cognizance of Magistrates, with the power of appeal to the +Quarter Sessions?--This is already the case in Spitalfields, under a +parochial Act, where nuisances and annoyances are in consequence +instantly removed. Matters of much greater importance are submitted to +the same authority. The advantage in this case would be, that justice +would be promptly administered at a small expence, and the evil would +be put an end to, instead of remaining as at present a reproach to the +Police, arming at the same time every noxious and bad member of +Society, with a kind of licence to do offensive acts to the +neighbourhood, and the Public at large, with impunity. + +To render parochial Constables useful, rules must be established to +compel every qualified person to serve in his turn, or pay a fine. No +person should be empowered to offer a Substitute.--It is of the +highest importance that an Office invested with so much power should +be executed by reputable men, if possible of pure morals, and not with +hands open to receive bribes.--This important office in the Metropolis +at least, has too long been degraded by the introduction, in many +instances, of men of loose principles, undeserving of public +confidence. The reason is obvious:--A man in the more reputable +classes on whom the lot may fall, surrenders his functions to a +Substitute who probably makes the office a trade;--performs the +service of the year for four or five Guineas, trusting to other +emoluments, many of which are obtained by corruption, to enable him to +subsist. + +To render this branch of Police pure and efficient, an Act of +Parliament should enforce the following or similar regulations: + + 1st. To assign a competent number of local Constables to + each parish, in proportion to the number of inhabited + houses; to be chosen by the whole number of qualified + inhabitants paying parish Rates--to be presented to the + Court Leet, or to the Magistrates of the Division, according + to a prescribed rule, which shall preclude the possibility + of exemptions or preferences; for which purposes the + qualifications shall be clearly defined in the Act.--Thus + might the abuses which at present prevail, in the selection + and choice of Constables, cease to be felt and complained + of: an equal distribution of the burden would take place, + and the duty be confined to men sufficiently respectable, to + establish in the Public mind a confidence that it would be + executed with fidelity, and an attention to the Public + interest. + + 2d. That with a view to that necessary discipline, and + knowledge of the duty to be performed, without which + Officers of Justice can be of little use, and may often be + converted into instruments of oppression by an abuse of + power; the High-Constable of the Division shall become _a + responsible permanent Officer_, with a competent Salary; and + shall have under his direction certain subordinate Officers, + not exceeding _one for a large Parish_, and _one for every_ + 25 _Constables in any number of smaller Parishes, Hamlets, + Precincts, and Liberties_, who shall be stiled _the + Parochial Chief Constable_, whose situation shall also _be + permanent_, with a moderate Salary, and who shall each be + _responsible_ for the execution of the regular duty which + may be assigned to the petty Constables, either by the Act + of Parliament, or by the Commissioners of Police, having + powers for that purpose granted by law.--That a certain + stipend or gratuity for trouble, shall also be paid to each + of the petty Constables, in consideration of the ordinary + duty they are bound to perform, besides 5_s._ a day for all + extraordinary duty. That among other things it shall be the + business of the parochial Chief Constable to instruct the + petty Constables in their duty--to attend them in their + perambulations, and to marshal them on receiving a precept + from the High-Constable, or an order from two Magistrates, + in case of any tumult or disorder requiring their + interference--to impress upon their minds the necessity of + purity, vigilance, and attention to orders--and of being + humane, prudent and vigorous, in the execution of such + duties as belong to their functions.--That they shall + instantly assemble on any alarm of Fire.--That the + Public-houses, in the parish or district, shall be visited + regularly; and also the Watchmen while upon duty, and + regular returns made to the Police Magistrates of the + District, stating the occurrences of the night. That + wherever suspicious characters reside in the parish, who + have no visible means of supporting themselves, the utmost + vigilance shall be exercised in watching their conduct, to + prevent as much as possible the commission of crimes, and to + preserve peace and good order in the parish; and wherever + the execution of any specific law depends on Constables, the + utmost attention to be manifested in giving it effect, and + preventing it from remaining a dead Letter.--That care be + taken to make regular, impartial, and accurate returns of + Jurors; and of persons eligible to serve in the + Militia;--and that immediate cognizance be also taken of all + nuisances and annoyances, and timely notice given to + Magistrates of all occurrences threatening to disturb the + Public peace, or to overturn the established Government of + the Country. + + 3d. That the different High Constables should return to the + Commissioners of Police annually, after a change of Officers + has taken place, a list of the number of persons who compose + the Civil Force, under their direction in their respective + divisions; and regularly, every quarter, a list of the + Publicans, with such facts as have occurred, respecting + their orderly or disorderly conduct in the management of + their Houses.--The state of the Division with respect to + Prostitutes--to the situation of the Poor for the preceding + quarter, and their resource for employment.--The number and + nature of the offences committed in the District during the + preceding quarter, and the detections of the delinquents, + shewing how many offenders have been discovered, and how + many have escaped justice, and stating the means used and + using to detect such as are at large, charged with specific + offences within the division: so as to bring under the + review of the Central Board a clear statement of the + criminal Police in every part of the Metropolis on the first + day of each quarter, with such other information as the + Commissioners may require. + + 4th. It is humbly suggested, that the Salaries and + allowances to be paid to the _High Constables_ and + _parochial Chief Constables_ should be paid out of the + General Police Fund, under the Management of the Board, and + the gratuities and allowances to the petty Constables out of + the County Rate. + +It might be expedient that the Stipend of the petty Constables should +be very moderate, and that their remunerations should, partly at +least, arise from _premiums_ and _gratuities_, granted by the Judges +and Magistrates, for meritorious services to the Public, _actually +performed_; for which there would so many opportunities occur, that no +fit man, acting as a Constable under such a system, and doing his duty +conscientiously, need be under any apprehension of obtaining a very +comfortable livelihood. + +The invariable rule of rewarding, in every case where it can be made +appear that any useful Public service has been performed, would have a +most wonderful effect in preventing crimes: The expence, if +judiciously and oeconomically managed, need not exceed, in any +material degree, _the present aggregate_ of what is disbursed in +different ways, in all the branches of the Police and Criminal +Establishment; it might, in fact, be defrayed, as well as every other +charge, _by the Police itself_, under the direction of the _Central +Board_, hereafter more particularly alluded to, from the produce of +the _Licences_ proposed to be granted for regulating particular +classes of Dealers, by whose aid and assistance, in supporting Thieves +and Pilferers, such a system is rendered necessary. + +Nor should the rewards be wholly confined to Officers of Justice, +either _parochial or stipendiary_. The Public Good requires, that they +should extend also to Watchmen and Patroles, who should have every +reasonable encouragement held out to them to be honest and vigilant, +by small premiums paid down immediately, for every service they may +render the Public; either in detecting or apprehending persons who are +guilty of felonies, or other offences against the public peace. + +At present, the watchmen destined to guard the lives and properties of +the inhabitants residing in near _eight thousand_ streets, lanes, +courts, and alleys, and about 160,000 houses, composing the whole of +the Metropolis and its environs, are under the direction of no less +than above seventy different Trusts; regulated by perhaps double the +number of local acts of Parliament, (varying in many particulars from +one another,) under which the _directors_, _guardians_, _governors_, +_trustees_, or _vestries_, according to the title they assume, are +authorised to act,--each attending only to their own particular +_Ward_, _Parish_, _Hamlet_, _Liberty_, or _Precinct_; and varying the +payment according to local circumstances, and the opulence of the +particular district, from 8-1/2_d._ up to 2_s._ each night.[117] + +[Footnote 117: There is, in some respect, an exception to this rule, +with regard _to the City and Liberty of Westminster_, and the parishes +of _St. Clement Danes_,--_St. Mary le Strand_,--_The Savoy_, The +united parishes of _St. Giles_ and _St. George, Bloomsbury_,--The +united parishes of _St. Andrew, Holborn above the Bars_, and _St. +George the Martyr_, and the liberty of _Saffron Hill_, _Hatton +Garden_, and _Ely Rents_.--The Act of the 14th George III. cap. 90, +contains regulations applicable to the whole of these Parishes and +Liberties, fixing the _minimum_ of watchmen at 523, and patroles at 56 +men, for the _whole_; but leaving the management still to the +inhabitants of each respective Parish or Liberty. The same act fixes +the _minimum_ of wages at 1_s._ a night, and patroles 15_d._ In the +City of London, the salaries given to watchmen vary in each Ward, from +13_l._ to 18_l._ 19_l._ 20_l._ 21_l._ 7_s._ 23_l._ 8_s._ up to 26_l._ +and patroles are allowed from 13_l._ to 35_l._ and 40_l._ a year.] + +The encouragement being, in many instances, so small, few candidates +appear for such situations, who are really, in point of character and +age, fit for the duty which ought to be performed; the managers have +therefore no alternative but to accept of such aged, and often +superannuated, men, living in their respective districts, as may offer +their services; this they are frequently induced to do from motives of +humanity, to assist old inhabitants who are unable to labour at any +mechanical employment, or perhaps with a view to keep them out of the +workhouse, and to save the expence of maintaining them. + +Thus circumstanced, and thus encouraged, what can be expected from +such watchmen?-- + +Aged in general;--often feeble:--and almost, on every occasion, half +starved, from the limited allowance they receive; without any claim +upon the Public, or the least hope of reward held out, even if they +perform any meritorious service, by the _detection of Thieves and +Receivers of stolen Goods_, or idle and disorderly persons: and above +all, _making so many separate parts of an immense system, without any +general superintendance, disjointed from the nature of its +organization_, it is only a matter of wonder, that the protection +afforded is what _it really is_.[118]--Not only is there small +encouragement offered for the purpose of insuring fidelity, but as has +been already shewn innumerable temptations are held out to dishonesty, +by Receivers of stolen Goods, to the watchmen and patroles in their +vicinity; as well as by thieves and housebreakers in all situations +where they contemplate the commission of a burglary. + +[Footnote 118: This proves how highly meritorious the conduct of the +_Managers_ and _Trustees_ of this branch of the Police of the +Metropolis must, in many instances, be. There can indeed be no manner +of doubt, but that great advantages arise from dividing the labour, +where all the benefits of local knowledge enter into the system.--So +far as this goes, it ought not to be disturbed. But it is also +necessary to consider the Metropolis as a _great Whole_, and to +combine the organs of Police which at present exist, in such a manner, +by a general superintendance, as to give equal encouragement, and to +instil one principle of universal energy into all its parts.] + +Money is also received from disorderly persons in the night, to permit +them to escape from the just punishment of the Laws; while on the +other hand, unfortunate females are often cruelly oppressed and laid +under contribution, for permission to infringe the very laws, which it +is the duty of these nocturnal guardians of the Police to put in +execution. + +Excepting in the city of London, under the jurisdiction of the Lord +Mayor and Aldermen, (where there are, in the 25 wards, 765 watchmen, +and 38 patroles) and the parishes and liberties combined by the act of +the 14th Geo. III. cap. 90, it will not be easy to ascertain the exact +number of watchmen, &c. employed by the great variety of different +Trusts, in every part of the Metropolis; more especially, as in +several instances they vary in their numbers according to the season +of the year, and other circumstances; but the following statement is +believed to be very near truth:-- + + _Beadles, + Watchmen, + and Patroles._ + + 25 Wards in the City of London 803 + + 11 Parishes, &c. in the City and Liberty of + Westminster 302 + + 13 Parishes, &c. in the Division of Holborn 377 + + 5 Parishes, &c. in that part of the Division of + Finsbury which joins the Metropolis 135 + + 7 Parishes, &c. in the Division of the Tower + Hamlets 268 + + 1 Liberty of the Tower of London 14 + + 5 Parishes and Hamlets, being part of the Division + of Kensington, near the Metropolis 66 + + 9 Parishes in the Borough of Southwark 79 + ---- + Total Beadles, Watchmen, and Patroles 2044[119] + ---- + +[Footnote 119: Watch-houses are now placed at convenient distances all +over the Metropolis; where a parochial constable attends, in rotation, +every night, to receive disorderly and criminal persons, and to carry +them before a Magistrate next morning.--In each watch-house also (in +case of fire) the names of the turn-cocks, and the places where +engines are kept, are to be found. This circumstance is mentioned for +the information of strangers unacquainted with the Police of the +Metropolis; to whom it is recommended, in case of fire, or any +accident or disturbance requiring the assistance of the Civil Power, +to apply immediately to the Officer of the night, at the nearest +watch-house, or to the watchmen on the beat.] + +Nothing can certainly be better calculated for _complete protection_ +against acts of violence in the streets, than _the System of a +well-regulated Stationary Watch_; composed of fit and able-bodied +men, properly controlled and superintended: and from the number of +persons already employed, independent of private Watchmen, it would +seem only to be necessary to lay down apposite legislative rules, with +respect to _age or ability_, _character_, _wages_, _rewards for useful +services_, and _general superintendance_, in order to establish that +species of additional security, which would operate as a more +effectual means of preventing crimes within the Metropolis. + +Let the same system of moderate rewards also be extended to +beadles,[120] for useful Public service _actually performed_, as is +proposed with regard to officers of justice, watchmen, and patroles; +and much good will arise to the community, without any great +additional expence. + +[Footnote 120: Beadles are, in many instances, employed at present as +local superintendants of the watch, within their respective Parishes.] + +It is in vain to expect that the Public can be well served, unless the +emolument becomes an object to good and able men; but these +extraordinary rewards (as has already been observed) should always +depend upon the vigilance and exertion of the parties themselves, in +detecting offenders of every description: and should be paid, on its +appearing to the Magistrate, that no _impropriety_ or _indiscretion_ +has marked their conduct. If, on the contrary, they should be proved +to have acted oppressively or improperly, a power of immediate +dismission and punishment should, in all instances, be lodged in +Justices of the Peace, to be exercised according to the nature of the +offence. + +Having thus stated the civil force of the Metropolis, in +peace-officers, watchmen and patroles, making an aggregate of 3084 +men--it may be necessary and useful to give such information relative +to the Magistracy, as may tend to shew the present state of the +Police, and to illustrate what remains to be further suggested on the +subject of its improvement; for the preservation of the Public peace, +and the _detection_ and _apprehension_ of every class of offenders. + + * * * * * + +There exist at present no less than _five_ separate jurisdictions +within the limits of the Metropolis--namely,-- + + _Magistrates._ + + 1. The City of London, where there are, including + the Lord Mayor, 26 Aldermen, who have an exclusive + jurisdiction within the ancient limits 26 + + 2. The City and Liberty of Westminster--where there + are upwards of 100 Justices of the Peace, who have + jurisdiction only in that particular District; but + where the Magistrates of the County of Middlesex have + an equal jurisdiction.--The number resident, of those + who are not Magistrates of Middlesex, is supposed to + be about 50 + + 3. That part of the Metropolis, which is situated in the + county of Middlesex, where there are about 800 Justices, + including the Princes of the Royal Family--many + of the Nobility--Great Officers of State--Members + of Parliament--and other Gentlemen of respectability;--of + those in the commission about 200 have qualified; + and of these who have taken out their _Dedimus + Potestatum_, only about 150 reside in or near the + Metropolis 150 + + 4. That district of the Metropolis lying near, or + particularly belonging anciently to the Tower of London, + comprehending about 750 houses--where the Magistrates + (52 in number) have an exclusive jurisdiction, + and hold separate Sessions of the Peace.--The number + who are not Magistrates in Middlesex, is 31 + + 5. The Borough of Southwark, and that part of the Metropolis + adjoining thereto, within the Bills of Mortality--where + the City Magistrates have jurisdiction, besides + the whole of the Magistrates of the County of + Surry--namely--132, but of whom not more than 28 reside + in Southwark, and 15 in London, &c. (in all) 43 + --- + Total about 300 + --- + +But, notwithstanding the great number of respectable names, which are +in the different commissions in and near the Metropolis; and although +all who have qualified have equal jurisdiction with the Police +Justices, within their respective districts; yet the efficient +duty for the whole of the Metropolis, so far as it relates to the +detection of offenders, is principally limited to two classes of +Magistrates--namely,-- + + 1. The 26 Aldermen of London, whose jurisdiction is + confined to the ancient limits of the City, comprehending + 25 Wards, in which are 21,642 houses on the London + side, and Bridge Ward without, in the Borough 26 + + 2. The established Magistrates, three of whom preside + at each of the seven Public Offices, appointed by the Act + of the 32d of his present Majesty, cap. 53. viz.-- + + 1. Public Office, Queen's-Square, Westminster 3 + 2. Public Office, Marlborough-Street 3 + 3. Public Office, Hatton-Garden 3 + 4. Public Office, Worship-Street, Shoreditch 3 + 5. Public Office, Whitechapel 3 + 6. Public Office, Shadwell 3 + 7. Public Office, Union-Street, Southwark 3 + -- + 21 + + 8. Existing (previous to the Act) at the Public + Office, Bow-Street 3 + -- + 24 + + 9. The Thames Police Institution at Wapping, for + the River only 2 + -- 26 + + Total efficient Magistrates who sit in rotation, -- + daily, in the Metropolis 52 + +The jurisdiction of the Magistrates presiding at the seven Public +Offices, not only extends to Westminster and Middlesex; (and, in most +instances, lately, to the liberty of the Tower:) but also to the +counties of Surry, Kent, and Essex, from which considerable advantages +in the prompt detection and apprehension of offenders have accrued to +the Public: The only difficulty that now remains to be removed, with +respect to the clashing of jurisdictions, is that which regards the +city of London; where, from its contiguity, and immediate and close +connection with every other part of the Metropolis, considerable +inconveniences and injuries to the public are felt, not only from the +circumstance of the jurisdiction of the City Magistrates not being +extended over the _whole_ of the Metropolis, as well as the four +adjoining counties; but also from the Police Magistrates having no +authority quickly to follow up informations, by issuing warrants to +search for property, and to apprehend persons charged with offences in +the City. The whole difficulty resolves itself into a mere matter of +_punctilio_, founded perhaps on ill-grounded jealousy, or +misapprehension, which a little explanation would probably remove. + +Where the object is to do good;--and where not even the shadow of harm +can arise, no limits should be set to local jurisdictions; especially +where privileges are proposed to be given; (as in this case, to the +city of London;)--and where none are to be taken away. + +For the purpose of establishing a complete and well-connected System +of _detection_, some means ought certainly to be adopted, more closely +to unite the City and Police Magistrates,[121] that they may, in a +greater degree, go hand in hand in all matters regarding the general +interest of the Metropolis and its environs; making the suppression of +crimes one common cause, and permitting no punctilio, regarding +jurisdiction, to prevent the operation of their united energy in the +prompt detection of offenders; This, from the extended state of +Commerce and Society, and the great increase of property, is now +rendered a measure in which the inhabitants of the whole Metropolis, +as well as the adjacent villages, have a common interest. It is an +evil, which affects all ranks, and calls aloud for the speedy adoption +of some effectual remedy. + +[Footnote 121: The Select Committee of the House of Commons, in their +28th Report, 1798, on Finance, have strongly recommended a Concurrent +Jurisdiction; and also, that two Police Offices should be established +in London, upon the plan of the others, with Magistrates to be +appointed by the Lord Mayor and Aldermen.] + + + + +CHAP. XV. + + _The prevailing practice explained, when offenders are + brought before Magistrates.--The necessary caution, as well + as the duty of Magistrates in such cases + explained.--Professed thieves seldom intimidated when put + upon their trial, from the many chances they have of + escaping.--These chances shortly detailed.--Reflections on + the false humanity exercised by prosecutors towards + prisoners.--Their rudeness and cruelty, when engaged in acts + of criminality.--The delays and expences of prosecutions, a + great discouragement, inducing sufferers to put up with + their loss, in silence.--How the inconvenience may be + remedied.--An account of the different Courts of Justice, + appointed for the trial of offences committed in the + Metropolis.--Five inferior and two superior Courts.--A + statement, shewing the number of prisoners convicted and + discharged during the last year.--Reflections on this sad + catalogue of depravity.--A radical defect somewhere.--The + great purity of the Judges of England.--The propriety of a + co-operation with them, in whatever shall tend to promote + the ends of Public Justice.--This object to be attained, in + the greatest possible degree, by means of an authorised + Public Prosecutor.--The advantages of such an institution, + in remedying many abuses which prevail in the trial of + offenders.--From 2500 to 3000 persons committed for + trial, by Magistrates, in the Metropolis, in the course of a + Year.--The chief part afterwards returned upon Society._ + + +Arriving at that _point_ in the progress of this Work, where persons +accused of offences are detected and brought before Magistrates for +examination, ultimately to be committed for trial, if the evidence +shall be sufficient:--It is proper to explain the prevailing practice +under such circumstances. + +The task, in this case imposed upon the Magistrate, is arduous and +important; requiring not only great purity of conduct, a profound +knowledge of mankind, and of the common affairs of life; but in a more +peculiar manner those powers of discrimination which may enable him to +discover how far criminality attaches to the party accused; and +whether there are grounds sufficient to abridge for a time, or +ultimately to deprive the prisoner of his liberty, until a Jury of his +country shall decide upon his fate. + +It frequently happens that persons accused of crimes are apprehended +under circumstances where no doubt can rest on the mind of the +Magistrates as to the guilt of the prisoner; but where the legal +evidence is nevertheless insufficient to authorize an immediate +commitment for trial. + +In these instances, (while he commits _pro tempore_,) he is called +upon in a particular manner to exert the whole powers of his mind, by +adopting such judicious measures as shall be the means of detecting +the offenders; by discovering the goods or property stolen, or by +admitting such evidence for the Crown as may, with other corroborating +testimony, prevent the ends of justice from being defeated. + +Where a Magistrate proceeds with indefatigable zeal and attention, and +at the same time exercises good judgment, he will seldom fail of +success; for in this case a similar spirit will animate the officers +under his controul, whose activity and industry are generally in +proportion to that manifested by their superiors. + +Much as every active Magistrate must regret that deficiency of +pecuniary resource, which, under the present system, prevents him from +rewarding those who must occasionally be employed to detect notorious +offenders, this circumstance ought not to abate this zeal in any +respect; since by perseverance it generally happens, that every good +and proper arrangement for the immediate advantage of the Public, may +be ultimately obtained. + +The Magistrate having done his duty by committing an offender for +trial, satisfied of his guilt and the sufficiency of the evidence to +convict him: and having also bound over the prosecutor and the +witnesses as the Law directs, to attend the Grand Jury, and (if a bill +be found) to prosecute and give evidence upon the indictment; it might +appear to the common observer, that the culprit's case becomes +hopeless and forlorn. + +This, however, is by no means a stage in the progress that intimidates +a professed thief; he feels and knows that, although guilty of the +crime laid to his charge, he has many chances of escaping; and these +chances unquestionably operate as encouragements to the commission of +crimes. + +His first hope is, that he shall intimidate the Prosecutor and +Witnesses, by the threatenings of the gang with whom he is +connected;--his next that he may compound the matter; or bribe or +frighten material witnesses, so as to keep back evidence; or induce +them to speak doubtfully at the trial, though positive evidence was +given before the Magistrate; or if all should fail, recourse is had to +perjury, by bringing the Receiver, or some other associate, to swear +an _alibi_. + +Various other considerations also operate in strengthening the hopes +of acquittal; partly arising from the vast numbers who are discharged +or acquitted at every Session of gaol-delivery; and partly from the +carelessness and inattention of Prosecutors, who are either unable or +unwilling to sustain the expence of Counsel to oppose the arguments +and objections which will be offered in behalf of the prisoner: or are +soured by loss of valuable time, experienced, perhaps in former +prosecutions;[122]--or ultimately from a dread entertained by timid +persons, who foolishly and weakly consider themselves as taking away +the life of a fellow-creature, merely because they prosecute or give +evidence; not reflecting that it is the _Law_ only that can punish +offenders, and _not_ the individual prosecutor or witnesses. + +[Footnote 122: It is true, that by the Acts of 25th Geo. II. cap. 36, +and 18th Geo. III. cap. 13, the expences of the prosecutors and +witnesses are to be paid; and also (if the parties shall appear to be +in poor circumstances) a reasonable allowance made for trouble and +loss of time; but this is connected with the regulations of the +Justices, confirmed by one of the Judges of Assize, which vary +according to local circumstances, and it is also necessary to plead +poverty in order to be remunerated for loss of time: _but as the poor +seldom suffer by thieves_, these Acts appear to have had little effect +in encouraging prosecutors to come forward; and it is believed few +applications are made excepting in cases of real poverty.--In the +County of Middlesex there is an exception; where witnesses are +directed to be paid by the Overseers of the Poor of the Parish, where +the person was apprehended; but this mode of payment is seldom if ever +adopted.--The fund, however, which the Legislature has thus provided, +if oeconomically and judiciously applied by a Public Prosecutor, +would remove many difficulties, without any material addition to the +county rates.] + +False Humanity, exercised in this manner, is always cruelty to the +public, and not seldom to the prisoners themselves.--All depredations +upon property are _public wrongs_, in the suppression and punishment +of which it is the duty of every good man to lend his assistance; a +duty more particularly incumbent upon those who are the immediate +sufferers: through their means only can Public Justice operate in +punishing those miscreants, by whom the innocent are _put in fear, +alarmed and threatened with horrid imprecations--with loss of life by +means of loaded pistols_; or bodily injury, from being hacked with +cutlasses, or beaten with bludgeons--under circumstances where neither +age nor sex is spared.-- + +Yet experience has shewn that these arguments, powerful as they are, +are insufficient to awaken in the mind of men that species of Public +spirit which shall induce sufferers in general, by robberies of +different kinds, to become willing prosecutors, under the various +trying delays of Courts of Justice; and frequently with the trouble of +bringing a number of witnesses from the country, who are kept in +attendance on the court perhaps several days together, at a very +considerable expence. + +Such a burden imposed upon the subject, in addition to the losses +already sustained, in a case too where the offence is of a public +nature, is certainly not easily reconcileable with that spirit of +justice, and attention to the rights of individuals, which forms so +strong a general feature in the Jurisprudence of the Country. + +From all these circumstances it happens that innumerable felonies are +concealed, and the loss is suffered in silence as the least of two +evils; by which means thieves are allowed to reign with impunity, +undisturbed, and encouraged to persevere in their evil practices. + +Nothing, it is to be feared, can cure this evil, and establish a +general system of protection, but a vigorous Police; strengthened and +improved by the appointment of Deputy-Prosecutors for the Crown, +acting under the Attorney-General for the time being. An establishment +of this sort, even at a very small salary, would be considered as an +honourable _entre_ to many young Counsel; who, in protecting the +Public against the frauds, tricks, and devices of old and professed +thieves, by which at present they escape punishment, might keep the +stream of justice pure, and yet allow no advantage to be taken of the +prisoner.[123] + +[Footnote 123: The propriety of this suggestion is sanctioned by the +recommendation of the Finance Committee of the House of Commons in +their 27th and 28th Report; and forms part of that System of general +controul and arrangement for the prevention of crimes, stated more at +large in a subsequent Chapter.] + +As it must be admitted on all hands, that it is the interest of the +Public that no guilty offender should escape punishment;--it seems to +be a position equally clear and incontrovertible, that wherever, from +a defect in the system of prosecutions, or any other cause, a prisoner +escapes the punishment due to his crimes, substantial justice is +wounded, and public wrongs are increased. + +It has been already stated in the preceding Chapter, that there are +five separate Jurisdictions in the Metropolis, where Magistrates +exercise limited authority.--Of course, there are five inferior Courts +of Justice, where lesser offences, committed in London and its +vicinity, are tried by Justices of the Peace. + + 1. The general and Quarter Sessions of the Peace; held eight + times a year, by the Lord Mayor and Aldermen, at + Guildhall--_for the trial of small Offences committed in + London_. + + 2. The Quarter Sessions of the Peace; held four times a year + at Guildhall, Westminster, by the Justices acting for that + City and Liberty--_for the trial of small Offences committed + in Westminster only_. + + 3. The General and Quarter Sessions of the Peace; held eight + times a year, at the New Sessions House on + Clerkenwell-Green, (commonly called Hicks's Hall) by the + Justices only of the County of Middlesex--_for the trial of + small Offences committed in Middlesex and Westminster_. + + 4. The General Quarter Sessions of the Peace; held in the + Sessions-House in Well-Close-Square, by the Justices for the + Liberty of the Tower of London--_for the trial of small + Offences committed within the Royalty_. + + 5. The Quarter Sessions of the Peace; held by the Justices + for the County of Surry, at the New Sessions House at + Newington, Surry, in January;--At Reigate, in April;--At + Guildhall, in July;--and Kingston-upon-Thames, in October, + each year;--_where small Offences committed in Southwark and + the Neighbourhood are tried_. + +These five inferior Courts of Justice take cognizance of _Petty +Larcenies, Frauds, Assaults, Misdemeanors, and other offences +punishable by fine, imprisonment, whipping, and the pillory_:--and in +certain cases, the power of the Justices extends to transportation. + +The higher and more atrocious offences committed in London and +Middlesex, are tried at the Justice-Hall, in the Old Bailey; by a +special commission of Oyer and Terminer to the Lord Mayor, and a +certain number of the Judges, with the Recorder and Common Serjeant of +the City of London. + +Offences of this latter degree of atrocity, perpetrated in that part +of the Metropolis which is situated in the Borough of Southwark and +County of Surry, are tried at the assizes, held twice a year at +_Kingston-upon-Thames_, _Croydon_, or _Guildford_.[124] + +[Footnote 124: Considerable inconvenience arises (and, indeed, great +hardship, where prisoners are innocent) from the length of time which +must elapse, where offences have been committed in Southwark, before +they can be brought to trial; either for inferior or more atrocious +crimes. In the former case, prisoners must remain till the Quarter +Sessions, (there being no intermediate General Sessions of the Peace) +and in the latter case till the Assizes, held only twice a year; this +occasions a confinement, previous to trial, lengthened out, in some +instances, to three, four, five, and even nearly to six months.] + +Thus it appears, that five inferior and two superior Tribunals of +Justice are established for trying the different crimes committed in +the Metropolis. + +As it may be useful, for the purpose of elucidating the suggestions +already offered upon this branch of the subject, that a connected view +of the result of these _Trials_ should make a part of this Work;--the +following Abstract, (including the discharges of Prisoners by +Magistrates) has been made up for this immediate purpose: from +authentic documents obtained from the keepers of the eight different +prisons and houses of correction in the city of London, and in the +counties of Middlesex and Surry. + +It applies to the period, from September, 1794, till September, 1795, +which is chosen as a sort of medium between Peace and War. + +It is impossible to contemplate this collected aggregate of the +prisoners annually discharged upon the Public, without feeling a +strong anxiety to remedy an evil rendered extremely alarming, from the +number which composes the dismal catalogue of Human Depravity. + +Every inquiry in the progress of this Work proves a radical defect +somewhere. + +While the public tribunals are filled with Judges, the purity of whose +conduct adds lustre to their own and the national character, why +should not every subordinate part of the Criminal Jurisprudence of the +Country be so organized, as to co-operate, in the greatest possible +degree, with the efforts of those higher orders of the Magistracy in +accomplishing the purposes of substantial justice? + +Nothing could tend more to promote this object, than the appointment +already proposed of a Public Prosecutor for the Crown. + +An institution of this kind would terrify the hordes of miscreants now +at open war with the peaceable and useful part of the Community, in a +greater degree than any one measure that could possibly be adopted. + +It would be the means of destroying those hopes and chances which +encourage criminal people to persevere in their depredations upon the +Public. + + +A Summary View of the Prisoners _committed_, _tried_, _punished_, +_disposed of_, and _discharged_ in the Metropolis, in _One Year_, +ending in October, 1795. + +_Number of prisoners, punished and disposed of._ + + +-----------+--------------------------------------------------- + |Names of |Died + |Prisons | |Capitally convicted[A] + | | | |Sentenced to Transportation[B] + | | | | |Imprisoned in Newgate + | | | | | |Imprisoned in Bridewell Hospital + | | | | | | |Imprisoned in the House of + | | | | | | |Correction of Middlesex + | | | | | | | |Imprisoned in Tothil-Fields + | | | | | | | |Bridewell + | | | | | | | | |Imprisoned in Surry Goals + | | | | | | | | | |Sent to the Philanthropic + | | | | | | | | | |and Marine Societies + | | | | | | | | | | |Sent to serve his + | | | | | | | | | | |Majesty in the Navy + | | | | | | | | | | |and Army + | | | | | | | | | | | |Passed to + | | | | | | | | | | | |Parishes + | | | | | | | | | | | | |Sent to + | | | | | | | | | | | | |Hospitals + | | | | | | | | | | | | | |Total + +-----------+--+--+---+--+---+--+--+--+--+---+----+---+--------- + +-- | | | | | | | | | | | | | + |Newgate | 7|51|153|85| |54| |20| | 39| | | 409 + | | | | | | | | | | | | | | + L|Poultry | | | | | | | | | | | | | + O|Compter | | | | |334| | | |10| 44| 72| | 460 + N| | | | | | | | | | | | | | + D|Giltspur | | | | | | | | | | | | | + O|Compter | | | | |249| | | | | 75| 125| 44| 493 + N| | | | | | | | | | | | | | + |Bridewell | | | | | | | | | | | | | + |Hospital | 4| | | | | | | | | | 835| 44| 883 + +-- | | | | | | | | | | | | | + +-- | | | | | | | | | | | | | + | | | | | | | | | | | | | | + |New Prison | | | | | | | | | | | | | + M|Clerkenwell| 5| | 3| | | | | | | 58| | | 66 + I| | | | | | | | | | | | | | + D|House of | | | | | | | | | | | | | + D|Correction | | | | | | | | | | | | | + L|in Cold | | | | | | | | | | | | | + E|Bath | | | | | | | | | | | | | + S|Fields | 4| | | | | | | | | | 128| | 132 + E| | | | | | | | | | | | | | + X|Tothil- | | | | | | | | | | | | | + |Fields | | | | | | | | | | | | | + |Bridewell | 2| | 7| | | |37| | | | 122| 26| 194 + | | | | | | | | | | | | | | + +-- | | | | | | | | | | | | | + +-- | | | | | | | | | | | | | + S| | | | | | | | | | | | | | + U| | | | | | | | | | | | | | + R|New Goal, | | | | | | | | | | | | | + R|Southwark | |10| 11| | | | |16| | | | 1| 38 + Y| | | | | | | | | | | | | | + +-- | | | | | | | | | | | | | + | +--+--+---+--+---+--+--+--+--+---+----+---+--------- + | |22|61|174|85|583|54|37|36|10|216|1282|115|2675 + | +--+--+---+--+---+--+--+--+--+---+----+---+--------- + +[Footnote A: 16 executed] + +[Footnote B: 106 transported] + +_Number of Prisoners discharged by the Magistrates, and from the Eight +Gaols, in One Year._ + + +-----------+------------------------------------------------- + |Names of |Discharged by Magistrates for want of Proof + |Prisons | |Discharged by Proclamation and Gaol Delivery + | | | |Discharged by Acquitals [Transcriber's Note: Acquittals] + | | | | |Discharged after being whipt + | | | | | |Discharged after being fined + | | | | | | |Discharged after suffering + | | | | | | |imprisonment + | | | | | | | |Apprentices discharged + | | | | | | | | |Offenders bailed out + | | | | | | | | |of Prison + | | | | | | | | | |Discharged + | | | | | | | | | |by Pardon + | | | | | | | | | | |Total + | | | | | | | | | | |discharged + +-----------+----+---+---+--+--+---+---+---+---+-------------- + +-- | | | | | | | | | | + |Newgate | |134|272|12|11| 20| | |129| 578 + | | | | | | | | | | | + L|Poultry | | | | | | | | | | + O|Compter | 199| | | | | | | 27| | 226 + N| | | | | | | | | | | + D|Giltspur | | | | | | | | | | + O|Compter | 287| 10| 10| |45| 11| |114| | 477 + N| | | | | | | | | | | + |Bridewell | | | | | | | | | | + |Hospital | | | | | |249| 38| | | 287 + +-- | | | | | | | | | | + +-- | | | | | | | | | | + | | | | | | | | | | | + |New Prison | | | | | | | | | | + M|Clerkenwell| 237|170| 35| 9| | | 9| |127| 587 + I| | | | | | | | | | | + D|House of | | | | | | | | | | + D|Correction | | | | | | | | | | + L|in Cold | | | | | | | | | | + E|Bath | | | | | | | | | | + S|Fields | 568|231| 60| | |353|111| | |1323 + E| | | | | | | | | | | + X|Tothil- | | | | | | | | | | + |Fields | | | | | | | | | | + |Bridewell | 253|274| 6| 1| | 27| |154| | 715 + | | | | | | | | | | | + +-- | | | | | | | | | | + +-- | | | | | | | | | | + S| | | | | | | | | | | + U| | | | | | | | | | | + R|New Goal, | | | | | | | | | | + R|Southwark | 130| 74| 35| 2| | 28| | | | 269 + Y| | | | | | | | | | | + +-- | | | | | | | | | | + | +----+---+---+--+--+---+---+---+---+-------------- + | |1674|893|418|24|56|697|149|422|129|4462 + | +----+---+---+--+--+---+---+---+---+-------------- + + N.B. Although the Author has been at infinite pains to + render this Summary as exact as possible, yet from the + different modes adopted in keeping the accounts of Prisons, + he is not thoroughly satisfied in his own mind that the View + he has here given is accurate, to a point.--He is, however, + convinced that it will be found sufficiently so for the + purpose. + + [To face page 430.] + +It would not only remove that aversion which Prosecutors manifest on +many occasions, to come forward, for the purpose of promoting the ends +of public justice; but it would prevent, in a great measure, the +possibility of compounding felonies, or of suborning witnesses.[125] + +[Footnote 125: Notwithstanding the severity of the Law, the +composition of felonies and misdemeanors is carried to a much greater +height than it is almost possible to believe; and various artifices +are resorted to, to elude the penalties.--An instance occurred in +August 1792; where a Jew was ordered to take his trial for a rape, +committed on a married woman.--The offence appeared, on examination, +to be extremely aggravated.--The Grand Jury however did not find a +bill; which was thought a very singular circumstance, as the proof had +been so clear before the Magistrate. The reasons were afterwards +sufficiently explained; which show, what corrupt practices, artifices, +and frauds will be used to defeat the ends of justice:--In consequence +of a previous undertaking between the Jew and the husband of the woman +who had been so grossly abused, a sum of L.20 was left in the hands of +a publican, which the prosecutor was to receive if the bill was not +found. In this confidence the woman gave a different evidence from +that which she had given before the Magistrate. The Jew, however, +cheated both the husband and the wife; for he no sooner discovered +that he was safe, than he demanded the money of the publican and +laughed at the prosecutor.] + +It would also be the means of counteracting the various tricks and +devices of old thieves; and occasion an equal measure of Justice to be +dealt out to them, as to the novices in crimes:--It would do more,--It +would protect real innocence,--for in such cases the Public Prosecutor +would never fail to act as the friend of the prisoner. + +The prevailing practice in criminal trials, in the true spirit of +mildness and humanity, induces the Judge to act in some degree as +counsel for the prisoner.--Without a Prosecutor for the Crown, +therefore, every trifling inaccuracy in the indictment is allowed to +become a fatal obstacle to conviction;[126] circumstances which would +frequently throw great light upon the charges, are not brought under +the review of the jury, and thus public justice is defeated. + +[Footnote 126: In criminal cases, a defective indictment is not aided +by the verdict of a Jury, as defective pleadings are in civil cases. +Indeed wherever life is concerned, great strictness has been at all +times observed. That able and humane Judge, SIR MATTHEW HALE, +complained above a century ago,[C] "_That this strictness has grown to +be a blemish and inconvenience in the law and the administration +thereof; for that more offenders escape by the over-easy ear given to +exceptions in indictments, than by their own innocence: and many times +gross murders, burglaries, robberies, and other heinous and crying +offences remain unpunished, by those unseemly niceties; to the +reproach of the Law, to the shame of the Government, to the +encouragement of villainy, and to the dishonour of God_."[D]] + +[Footnote C: He died 1676.] + +[Footnote D: Hale, P.C. 193.] + +Upon an average, the Magistrates of the Metropolis commit annually, +(out of many times that number who are equally objects of punishment,) +from about 2500 to 3000 persons, male and female, for trial, at the +seven different Courts of Justice in and near the Metropolis; charged +with a variety of felonies, misdemeanors, and other petty offences. +But after fully convincing their own minds, from a careful, and in +many instances, a most laborious investigation, that the parties are +guilty, they are obliged, from experience, to prepare themselves for +the mortification of seeing their labour and exertions in a great +measure lost to the Community: the major part of these criminals being +returned upon Society, without any effectual steps adopted for their +reformation, or any means used for the prevention of a repetition of +their crimes. A considerable proportion of this wretched number may +have suffered perhaps a slight punishment for their demerits; but +which produces no effect that is not ultimately mischievous to the +Community; since it serves merely to initiate them, in a greater +degree, in the knowledge and means of committing new acts of fraud and +villainy. + +To establish a System calculated to prevent criminals from returning +to their evil practices after punishment is the very essence of good +Police; but notwithstanding its importance to the Community, no +measures have ever yet been adopted, calculated to attain so desirable +an object.--It is however ardently to be hoped, that the period is +fast approaching, when this great desideratum will be in a certain +degree obtained; and that the suggestions offered in the subsequent +Chapters, may tend to accelerate the renovation of this forlorn and +miserable class of outcasts, by means of an appropriate _Penitentiary +System_. + + + + +CHAP. XVI. + + _On Punishments.--The mode authorized by the ancient + laws.--The period when Transportation commenced.--The + principal crimes enumerated which are punishable by + Death.--Those punishable by Transportation and + Imprisonment.--The courts appointed to try different degrees + of crimes.--Capital punishments, extending to so many + offences of an inferior nature, defeat the ends of + justice.--The system of Pardons examined:--their evil + tendency.--New regulations suggested with regard to Pardons + and Executions.--An historical account of the rise and + progress of Transportation.--The expedients resorted to, + after the American War put a stop to that mode of + punishment.--The System of the Hulks then adopted.--Salutary + Laws also made for the erection of Provincial and National + Penitentiary Houses.--The nature and principle of these Laws + briefly explained.--An account of the Convicts confined in + the Hulks for twenty-two years.--The enormous expence of + maintenance and inadequate produce of their labour.--The + impolicy of the system exposed by the Committee on + Finance.--The system of Transportation to New South Wales + examined.--Great expence of this mode of + punishment.--Improvements suggested, calculated to reduce + the expence in future.--Erection of one or more National + Penitentiary Houses recommended.--A general view of the + County Penitentiary Houses and Prisons:--their inefficacy + in reforming Convicts.--The labour obtained uncertain, while + the expence is enormous.--The National Penitentiary House + (according to the proposal of Jeremy Bentham, Esq.) + considered.--Its peculiar advantages over all others which + have been suggested, with respect to health, productive + labour, and reformation of Convicts.--General reflections on + the means of rendering imprisonment useful in reforming + Convicts.--Concluding observations._ + + +Imperfect in many respects as the criminal Law appears, from what has +been detailed and stated in the preceding Chapters, and much as the +great increase of capital offences, created during the last and +present Century, is to be lamented:--it cannot be denied that several +changes have taken place in the progress of Society, favourable to the +cause of humanity, and more consonant to reason and justice, in the +appropriation and the mode of inflicting punishments. + +The Benefit of Clergy, which for a long period exempted clerical +people only, from the punishment of death in cases of felony, was by +several statutes[127] extended to _peers_, _women_, and all persons +_able to read_; who, pleading their Clergy, suffered only a corporal +punishment, or a year's imprisonment; and those men who _could not +read_, if under the degree of peerage, were hanged.[128] + +[Footnote 127: 1 Edward VI. cap. 12: 21 Jac. I. cap. 6: 3 and 4 +William and Mary, cap. 9: 4 and 5 William and Mary, cap. 24.] + +[Footnote 128: Blackstone.] + +This unaccountable distinction was actually not removed until the 5th +of Queen Anne, cap. 6, which extended the benefit of clergy to all who +were intitled to ask it, _whether they could read or not_.[129] + +[Footnote 129: The benefit of Clergy originated in injustice and +inhumanity, and can only be palliated by the rude state of society, +when so disgraceful a privilege was legalized and interwoven in the +criminal code.--It partakes of the nature of a compromise with +villainy.--It perplexes the system of criminal jurisprudence; and +since its sting is taken away it would be an improvement to +discontinue it totally.] + +In the course of the present century, several of the old sanguinary +modes of punishment have been either, very properly, abolished by acts +of parliament, or allowed, to the honour of humanity, to fall into +disuse:--such as _burning alive (particularly women) cutting off hands +or ears, slitting nostrils, or branding in the hand or face_; and +among lesser punishments, fallen into disuse, may be mentioned _the +ducking-stool_. + +The punishment of death for felony (as has already been observed) has +existed since the reign of Henry I. nearly 700 years.--Transportation +is commonly understood to have been first introduced, anno 1718, by +the act of the 4th George I. cap. 11; and afterwards enlarged by the +Act 6th of George I. c. 23, which allowed the court a discretionary +power to order felons who were by law entitled to their clergy, to be +transported to the American plantations for seven or fourteen years, +according to circumstances.[130] + +[Footnote 130: It is said that exile was first introduced as a +punishment by the Legislature in the 39th year of Queen Elizabeth, +when a statute (39 _Eliz._ _c._ 4.) enacted that such rogues as were +dangerous to the inferior people should be banished the realm, _Barr. +Ant. Stat._ 269: and that the first statute in which the word +Transportation is used is the 18th of _Charles_ II. _c._ 3. which +gives power to Judges at their discretion either to execute or +transport to America _for life_ the Moss-Troopers of _Cumberland_ and +_Northumberland_; a law which was made perpetual by the Act 31 _Geo._ +II. _c._ 42. 2 WOODD. 498.] + +Since that period the mode of punishment has undergone several other +alterations; and many Crimes which were formerly considered of an +inferior rank, have been rendered capital: which will be best +elucidated by the following Catalogue of Offences, divided into six +classes according to the Laws now in force. + + * * * * * + + 1. CRIMES _punishable by the_ Deprivation of Life; _and + where, upon the Conviction of the Offenders the sentence of + Death must be pronounced by the Judge.--Of these, it has + been stated, the whole, on the authority of Sir William + Blackstone, including all the various shades of the same + offence, is about 160 in number._ + + _The principal are the following:_ + + Treason, and Petty Treason; _See page_ 38, &c. Under the + former of these is included the Offence of Counterfeiting + the Gold and Silver Coin, _See page_ 191-211. + + Murder, _See page_ 44, &c. + + Arson, or wilfully and maliciously burning a House, Barns + with Corn, &c. _See page_ 56. + + Rape, or the forcible violation of chastity, &c. _See page_ + 46. + + Stealing an Heiress, _See page_ 48. + + Sodomy, a crime against nature, committed either with man or + beast, _See page_ 46. + + Piracy, or robbing ships and vessels at sea: under which is + included, the Offences of sailors forcibly hindering their + captains from fighting, _See page_ 55, 56. + + Forgery of Deeds, Bonds, Bills, Notes, Public Securities, + &c. &c. Clerks of the Bank embezzling Notes, altering + Dividend Warrants: Paper Makers, unauthorised, using moulds + for Notes, &c. + + Destroying Ships, or setting them on Fire, _See page_ 57. + + Bankrupts not surrendering, or concealing their Effects + + Burglary, or House Breaking in the night time, _See page_ + 57. + + Highway Robbery + + House Breaking in the day time, _See page_ 54, 55. + + Privately Stealing or Picking Pockets above one Shilling + + Shop Lifting above Five Shillings, _See page_ 55. + + Stealing Bonds, Bills, or Bank Notes + + Stealing Bank Notes, or Bills from Letters + + Stealing above 40_s._ in any House, _See page_ 55. + + Stealing above 40_s._ on a River + + Stealing Linen, &c. from Bleaching Grounds, &c. or + destroying Linen therein + + Maiming or Killing Cattle maliciously. _See_ the Black Act, + 9 Geo. I. cap. 22. + + Stealing Horses, Cattle or Sheep + + Shooting at a Revenue Officer; or at any other person, _See_ + the Black Act + + Pulling down Houses, Churches, &c. + + Breaking down the head of a Fish-Pond, whereby Fish may be + lost, (_Black Act_)[131] + + [Footnote 131: The unwillingness which it must be expected a + Jury would have to convict a man capitally for _this + offence_, might be adduced among many other instances, to + show to what extent public justice is defeated, merely from + the severity of the laws, and the want of a Scale of + punishments proportioned to the offences.] + + Cutting down Trees in an Avenue, Garden, &c. + + Cutting down River or Sea Banks. + + Cutting Hop Binds + + Setting fire to coal mines + + Taking a Reward for helping another to Stolen Goods, in + certain cases, _See page_ 295 + + Returning from Transportation; or being at large in the + Kingdom after Sentence + + Stabbing a Person unarmed, or not having a weapon drawn, if + he die in six months + + Concealing the death of a Bastard Child + + Maliciously maiming or disfiguring any person, &c. lying in + wait for the purpose, _See page_ 50. + + Sending Threatening Letters (Black Act) + + Riots by twelve or more, and not dispersing in an hour after + proclamation + + Being accessaries to Felonies deemed capital + + Stealing Woollen Cloth from Tenter Grounds + + Stealing from a Ship in Distress + + Government Stores, embezzling, burning or destroying in + Dock-Yards; in certain cases, _See pages_ 261-263 + + Challenging Jurors above 20 in capital felonies; or standing + mute + + Cottons selling with forged Stamps + + Deer-Stealing, second offence; or even first offence, under + Black Act, not usually enforced + + Uttering counterfeit Money, third offence + + Prisoners under Insolvent Acts guilty of perjury + + Destroying Silk or Velvet in the loom; or the Tools for + manufacturing thereof; or destroying Woollen Goods, Racks or + Tools, or entering a House for that purpose + + Servants purloining their Masters' Goods, value 40_s._ + + Personating Bail; or acknowledging fines or judgments in + another's name + + Escape by breaking Prison, in certain cases + + Attempting to kill Privy Counsellors, &c. + + Sacrilege + + Smuggling by persons armed; or assembling armed for that + purpose + + Robbery of the Mail + + Destroying Turnpikes or Bridges, Gates, Weighing Engines, + Locks, Sluices, Engines for Draining Marshes, &c. + + Mutiny, Desertion, &c. by the Martial and Statute Law + + Soldiers or Sailors enlisting into Foreign Service + + * * * * * + + 2. CRIMES _denominated_ Single Felonies; _punishable by + Transportation, Whipping, Imprisonment, the Pillory, and + Hard Labour in Houses of Correction, according to the Nature + of the offence._ + + _The principal of which are the following:_ + + Grand Larceny, which comprehends every species of Theft + above the value of One Shilling, not otherwise distinguished + + Receiving or buying Stolen Goods, Jewels and Plate. _See + page_ 299 + + Ripping and stealing Lead, Iron, Copper, &c. or buying or + receiving, _See page_ 295 + + Stealing (or receiving when stolen) Ore from Black Lead + Mines + + Stealing from Furnished Lodgings + + Setting fire to Underwood + + Stealing Letters, or destroying a Letter or Packet, + advancing the Postage, and secreting the Money + + Embezzling Naval Stores, in certain cases, _See pages_ + 261-263 + + Petty Larcenies, or Thefts under one Shilling + + Assaulting with an intent to Rob + + Aliens returning after being ordered out of the kingdom + + Stealing Fish from a Pond or River--Fishing in inclosed + Ponds, and buying stolen Fish + + Stealing Roots, Trees, or Plants, of the value of 5_s._ or + destroying them + + Stealing Children with their apparel + + Bigamy, or Marrying more Wives or Husbands than one (now + punishable with transportation) + + Assaulting and Cutting, or Burning Clothes + + Counterfeiting the Copper Coin, &c.--_See page_ 191-211 + + Marriage, solemnizing clandestinely + + Manslaughter, or killing another without Malice, &c. _See + page_ 44 + + Cutting or Stealing Timber Trees, &c. &c. &c. + + Stealing a Shroud out of a Grave + + Watermen carrying too many passengers in the Thames, if any + drowned + + * * * * * + + 3. OFFENCES _denominated_ Misdemeanors, _punishable by Fine, + Imprisonment, Whipping, and the Pillory._ + + _The principal of which are the following:_ + + Perjury, or taking a false Oath in a judicial proceeding, + &c. + + Frauds, by Cheating, Swindling contrary to the rules of + common honesty, &c. &c. + + Conspiracies, for the purpose of injuring or defrauding + others + + Assaults by striking or beating another person, &c. + + Stealing Dead Bodies + + Stealing Cabbages, Turnips, &c. growing + + Cutting and stealing Wood and Trees + + Robbing Orchards and Gardens + + Stealing Deer from Forests + + Stealing Dogs + + Setting fire to a House to defraud the Insurance Office + + Making and selling Fire-Works and Squibs + + Throwing the same when on fire about the streets + + Uttering Base Money + + Selling Base Money under its denominated value + + Embezzlement in the Woollen, Silk, and other Manufactures + + Offences by Artificers and Servants in various Trades + + Combinations and Conspiracies for raising the price of + Wages, &c. (_See stat._ 39 _Geo._ III. _c._ 81) + + Smuggling Run Goods, and other Frauds relative to the Excise + and Customs + + Keeping Bawdy Houses and other Disorderly Houses + + * * * * * + + 4. IDLE and Disorderly Persons _described by the Act of the + 17th Geo. II. cap. 5. and subsequent Acts_; punishable with + one Month's Imprisonment--_namely_, + + 1. Persons threatening to run away and leave their wives and + children on the Parish + + 2. Persons who tipple in Ale Houses, and neglect their + Families, &c. as described in the 3d Geo. III. cap. 45 + + 3. Persons who shall unlawfully return to the Parish or + place from which they have been legally removed, without + bringing a Certificate + + 4. Persons, who not having wherewithal to maintain + themselves, live idly without employment, and refuse to work + for the usual Wages + + 5. Persons begging in the streets, highways, &c. + + * * * * * + + 5th. ROGUES and VAGABONDS _described by the said Act of the + 17th Geo. II. cap. 5. and subsequent Acts_; punishable by + Six Months' Imprisonment--namely, + + 1. Persons going about as Patent Gatherers or Gatherers of + Alms, under pretence of Loss by Fire, or other casualty. + + 2. Fencers, Bearwards, Strolling Players of Interludes, or + other Entertainments + + 3. Minstrels, (except those licensed by the Lord Dutton in + Cheshire) + + 4. Persons pretending to be, and wandering in the habit of, + Gypseys + + 5. Fortune-Tellers, pretending Skill in Physiognomy, + Palmistry, &c. or using any subtle craft to deceive and + impose on others + + 6. Persons playing or betting at any unlawful Games or Plays + + 7. Persons who run away, and leave their Wives and Children + upon the Parish + + 8. Petty Chapmen and Pedlars wandering abroad without a + Licence + + 9. Persons wandering abroad, and lodging in Ale-Houses, + Out-Houses, or the open Air, and not giving a good account + of themselves + + 10. Persons wandering abroad, and pretending to be Soldiers + or Sailors, without proper Certificates from their Officers, + or Testimonials from Magistrates + + 11. Persons wandering abroad, pretending to go to work in + Harvest, without a proper Certificate from the Parish + + 12. Persons having Implements of House-breaking or Offensive + Weapons, with a Felonious intent + + 13. Persons concerned in illegal Lottery Transactions, as + described in the Lottery Acts, 27th, 33d, 34th, and 35th + Geo. III. + + * * * * * + + 6th. INCORRIGIBLE ROGUES, _punishable with Two Years' + Imprisonment and Whipping, or Transportation for Seven + Years, if they break out of Prison--namely_, + + 1. Persons stiled End-Gatherers, buying, collecting, or + receiving Ends of Yarn in the Woollen Branch, against the + stat. 13 Geo. I. cap. 23. + + 2. Persons, who being Rogues and Vagabonds, have escaped + after being apprehended, or who shall refuse to be examined + by a Magistrate, or who shall give a false account of + themselves after being warned of their punishment + + 3. Persons who shall escape out of any House of Correction + before the period of their imprisonment empires + + 4. Persons, who being once punished as Rogues and Vagabonds, + shall again commit the same offence. + + [-->] _There are a great many other trivial Offences + denominated Misdemeanors, subject to pecuniary Fines, which + it is not easy to enumerate. Since almost every statute, + whether public or private, which passes in the course of a + Session of Parliament, creates new offences--the shades vary + as Society advances, and their number is scarcely within the + reach of calculation._ + +The crimes mentioned in the first and second classes of the foregoing +Enumeration (except Petty Larceny) are always tried by the Superior +Courts:--The offences specified in the third class, as also Petty +Larceny, and every species of misdemeanor and vagrancy, are generally +tried, (with some few exceptions) by the Justices in their General and +Quarter Sessions, where, in certain cases in Middlesex, they act under +a commission of Oyer and Terminer. The Magistrates in Petty Sessions, +and in several instances a _single Magistrate_, have also the power of +convicting in a summary way, for a variety of small misdemeanors, and +acts of vagrancy: and of punishing the delinquents with fine and +imprisonment. + +It generally happens in the Metropolis, that out of from 2000 to 2500 +prisoners who are tried for different crimes, in the various Courts of +Justice, above 5-6th parts are for larcenies, acts of vagrancy, and +smaller offences; where the Benefit of Clergy, either attaches, or +does not apply at all. The major part are, of course, returned upon +Society, after a short imprisonment, or some corporal punishment, too +frequently to renew their depredations on the public.--But a vast +proportion (as has already been shewn) are always acquitted.[132] + +[Footnote 132: All endeavours towards the prevention of crimes will +ever be attended with unconquerable difficulty, until some general +House of Industry can be established in the Metropolis: where persons +discharged for petty offences, as well as strangers and others out of +work, may have an opportunity of finding, at least a temporary +employment, sufficient to maintain them. An Institution of this sort +would be a work of great charity and humanity; and it is earnestly to +be hoped, that the view of the subject given in this Work may induce +the Legislature to form a Police Establishment, calculated to promote +such a multitude of good and useful objects;[E] more especially as +with proper management it would very soon pay itself.] + +[Footnote E: Vide _page_ 99 _n._] + +In order to form a judgment of the proportion of the more atrocious +offenders tried at the Old Bailey: the number acquitted; and the +specific punishments inflicted on the different offences in case of +conviction, one year has been selected; a year in which it was natural +to expect from the immense, and indeed, unparalleled bounties which +were given for seamen and soldiers, that the number of thieves and +criminals would be greatly reduced,--namely--_from the month of +April_, 1793, _to the month of April_, 1794,--including eight Sessions +at the Old Bailey-- + +The following Table shews in what manner 1060 prisoners, put on their +trials during that period, were disposed of.[133] + +[Footnote 133: In the year 1795, 1894 prisoners were tried at the Old +Bailey, and the different Assizes in the Country, exclusive of a much +greater number at the General and Quarter Sessions of the Peace, in +the different Counties. These trials in the Superior Courts of +Judicature, produced the following results:-- + + Assizes + London. in the Total. + Country. + + Received Sentence of Death 44 174 218 + " " " Transportation 84 159 243 + Imprisoned and Whipt 129 411 540 + Judgment respited to serve + his Majesty 23 25 48 + Acquitted 150 351 501 + Discharged for want of + Prosecutors 91 253 344 + --- ---- ---- + 521 1373 1894] + +The Crimes for which the different Offenders were tried, were these +following: + + Murder 46 Felony 315 Manslaughter 29 + Arson 5 Larceny 998 Bigamy 3 + Burglary 101 Receiving Beastiality 2 + Robbery 58 stolen Goods 61 Rape 9 + Horse and Cattle Frauds and Perjury 2 + stealing 108 Misdemeanors 101 Sedition 2 + Forgery 16 Rogues and --- + Coining 17 Vagabonds 21 47 + --- ---- --- + 351 1496 + --- ---- + + +_A_ TABLE, _shewing the Prisoners tried at the Old Bailey, from April +1793, to March 1794, inclusive._ + + -------------+------------------------------------------------------ + |Persons committed for trial. + | |Of whom, acquitted and discharged. + | | |Prisoners convicted, and their Punishments. + | | |Death. + | | | |Transported for 14 years. + London, | | | | |Transported for 7 years. + Middlesex, | | | | | |Whipt & Imprisoned. + and | | | | | | |Imprisoned 6 months and + Westminster. | | | | | | |upwards. + | | | | | | | |Imprisoned 3 months + | | | | | | | |& otherwise disposed of. + | | | | | | | | |Sent to serve + | | | | | | | | |the King. + | | | | | | | | | |Judgment + | | | | | | | | | |respited + | | | | | | | | | | |Total + | | | | | | | | | | |punished. + -------------+----+-----+--+-+---+--+--+--+--+--+------------------- + London | | | | | | | | | | | + Sessions | 199| 70| 6|1| 50|10|29|20| 8| 5|129 + | | | | | | | | | | | + Middlesex and| | | | | | | | | | | + Westminster | 861| 497|62|1|117|38|51|49|30|16|364 + +----+-----+--+-+---+--+--+--+--+--+------------------- + |1060| 567|68|2|167|48|80|69|38|21|493 + | |[134]| | | | | | | | | + -------------+----+-----+--+-+---+--+--+--+--+--+------------------- + +[Footnote 134: The acquittals will generally be found to attach mostly +to small offences which are punishable with death: where Juries do not +consider the crime deserving so severe a punishment, the delinquent +receives no punishment at all. If all were convicted who were really +guilty of these small offences, the number of victims to the severity +of the Law would be greatly increased.] + +Thus it appears, that in London only, of 1060 prisoners, tried in the +course of a year, only 493 were punished; of whom 197, after a +temporary confinement, would return upon the Public, with little +prospect of being better disposed to be useful to Society, than +before.--It may be estimated that in all England, including those +offenders who are tried at the County Sessions, upwards of five +thousand individuals, charged with criminal offences, are thrown back +upon Society every year.-- + +But this is not all,--for according to the present System, out of +about _two hundred_ and upwards who are, upon an average every year, +doomed to suffer the punishment of death, _four-fifths_ or more are +generally pardoned[135] either on condition of being transported, or +of going into His Majesty's service, and not seldom without any +condition at all. + +[Footnote 135: As punishments became more mild, clemency and pardons +became less necessary.--Clemency is a virtue that ought to shine in +the code, and not in the private judgment.--The Prince in pardoning +gives up the Public Security in favour of an individual; and by the +exercise of this species of benevolence proclaims a public act of +impunity.--Let the Executors of the Laws be inexorable; but let the +Legislature be tender, indulgent and humane. + +BECCARIA, cap. 46.] + +Hence it is, that, calculating on all the different chances, +encouragements to commit crimes actually arise out of the System +intended for their prevention:--_first, from the hope of avoiding +detection and apprehension;--secondly, of escaping conviction, from +the means used to vitiate and suborn the evidence;--thirdly, from the +mercy of the Jury, in considering the punishment too severe;--and +fourthly, from the interest of persons of rank or consideration, +applying (under circumstances where humanity becomes the friend of +every person doomed to die), for the interference of Royal Mercy, by +Pardons_. + +God forbid that the Author of these pages should do so much violence +to his own feelings, as to convey an idea hostile to the extension of +that amiable Prerogative vested in the Sovereign; and which His +Majesty has exercised with a benevolent regard to the feelings of +Humanity, and a merciful disposition truly characteristic of the mind +of a great and good King. + +These animadversions are by no means pointed against the exercise of a +privilege so benign, and even so necessary, in the present state of +the Criminal Law;--they regard only the impositions which have been +practised upon so many well-intentioned, respectable, and amiable +Characters, who have, from motives of humanity, interested themselves +in obtaining _free pardons for Convicts_, or _pardons on condition of +going into the Army or Navy_. + +If these humane individuals, who exert themselves in applications of +this sort, were to be made acquainted with one half of the gross +impositions practised upon their credulity, or the evil consequences +arising to Society from such pardons, (particularly unconditional +pardons) they would shudder at the extent of the cruelty exercised +towards the Public, and even, in many instances, to the Convicts +themselves, by this false humanity. + +In a Country, where, from the great caution which mingles in that part +of the Criminal Jurisprudence which relates to the trial of +Offenders,--it is scarcely possible that an honest or an innocent +person can be convicted of a capital offence.[136]--It would seem to +be a good criterion, that the Royal Mercy should only be extended on +two indispensable conditions. + +[Footnote 136: It is not here meant to say there have not been some +instances, and even one of a recent date, where an innocent man may be +convicted; but they are certainly very rare, and when discovered, the +Royal mercy, of course, relieves the unfortunate person.] + + 1. _That the Convict under sentence of death should, for the + sake of Public Justice, (and to deter others from the + commission of crimes) discover all his accomplices, and the + robberies, or other crimes he has committed._ + + 2. _That he should be transported; or make retribution to + the parties he has injured by being kept at hard labour for + life; or until ample security shall be given for good + behaviour after such retribution is made._ + +The precaution not having been used of knowing _for certain_, before +pardons were granted, whether the parties were fit for His Majesty's +service or not; the Convicts themselves carefully concealing every +kind of bodily infirmity;--and the pardons containing no eventual +condition of ultimate Transportation, in case the persons should be +found unfit for the Army or Navy;--the result has been, that many +Convicts, who have been since actually Thieves upon the Town, were +almost instantly thrown back upon the Public.--Some, even before they +were attested by the Magistrate, in consequence of the discovery of +bodily incapacity; and others, in a very short time after they had +gone into His Majesty's Service, from the like unfitness being +discovered; from some artful device practised to procure a +discharge--or from desertion.--A professed Thief is never deficient in +that species of artifice and resource which is necessary to rid him of +any incumbrance. + +This, however, is seldom taken into the calculation when Humanity +urges philanthropic Characters to interest themselves in behalf of +Criminals; nor could it perhaps otherwise have been known, or +believed, that so many of these outcasts of Society have found means +again to mingle with the mass of the people. + +What impression must these facts make on the intelligent mind!--will +they not warrant the following conclusion? + + 1. That every individual, restored to Society in this way, + is the means of affording a species of encouragement, + peculiarly calculated to bring others into the same dreadful + situation, from which the unhappy Convict is thus rescued. + + 2. That for this reason every pardon granted, without some + lesser punishment, or removing the convicts from Society, is + a link broken in the chain of justice, by annihilating that + united strength which binds the whole together. + + 3. That by removing the terror of punishments by frequent + pardons, the design of the Law is rendered in a great + measure ineffectual; the lives of persons _executed_ are + thrown away, being sacrificed rather to the vengeance of the + Law than to the good of the Public; and no other advantage + is received than by getting rid of one thief, whose place, + (under present circumstances,) will speedily be supplied by + another.[137] + +[Footnote 137: That able and excellent Magistrate, the late Henry +Fielding, Esq. (to whose zeal and exertions in the exercise of the +duties of a Justice of the Peace, in the Metropolis, the Public were +under infinite obligations)--manifested, half a century ago, how much +he was impressed with the injuries arising from frequent +pardons.--Those who will contemplate the character and conduct of this +valuable man, as well as that of his brother, the late Sir John +Fielding, will sincerely lament that their excellent ideas, and +accurate and extensive knowledge upon every subject connected with the +Police of the Metropolis, and of the means of preventing crimes, were +not rendered more useful to the Public. It is to be hoped, however, +that it is not yet too late, since the state of Society, and the +progress and increase of crimes, call loudly for the establishment of +a responsible preventive System.] + +Nothing can sanction the punishment of death for crimes short of +murder, _but the terror of the example operating as the means of +prevention_.--It is upon this principle alone that one man is +sacrificed to the preservation of thousands.--Executions, therefore, +being exhibited as seldom as a regard to the public interest really +required, ought to be rendered as _terrific_ and _solemn_ to the eyes +of the people as possible. + +The punishment now in use, considered in point of law to be next to +that of deprivation of life, is _Transportation_. + +It has been already mentioned that Parliament authorized this species +of punishment in the year 1718--when the general plan of sending +Convicts to the American Plantations was first adopted. This System +continued for 56 years; during which period, and until the +commencement of the American War in 1775, great numbers of Felons were +sent chiefly to the Province of Maryland. The rigid discipline which +the colonial Laws authorized the masters[138] to exercise over +servants, joined to the prospects which agricultural pursuits, after +some experience was acquired, afforded to these _Outcasts_, tended to +reform the chief part; and after the expiration of their servitude, +they mingled in the Society of the Country, under circumstances highly +beneficial to themselves and even to the Colony. Possessed in general +(as every adroit thief must be) of good natural abilities, they +availed themselves of the habits of industry they acquired in the +years of their servitude--became farmers and planters on their own +account; and many of them, succeeding in these pursuits, not only +acquired that degree of respectability which is attached to property +and industry; but also in their turn became masters, and purchased +the servitude of future Transports sent out for sale.[139] + +[Footnote 138: By the Acts 4 George I. c. 11, and 6 George I. c. 23, +the persons contracting for the transportation of convicts to the +Colonies, or their assigns, had an interest in the service of each, +for seven or fourteen years, according to the term of transportation.] + +[Footnote 139: For some years previous to the commencement of the +American War, the adjudged services of convicts became so valuable in +Maryland, that contracts were made to convey them without any expence +whatsoever to Government, who had formerly allowed 5_l._ a head; for +the reasons already assigned, they generally were more adroit, and had +better abilities than those who voluntarily engaged themselves to go +to America.] + +The Convicts having accumulated greatly in the year 1776, and the +intercourse with America being shut up, it became indispensably +necessary to resort to some other expedient; and in the choice of +difficulties the System of the _Hulks_ was suggested, and first +adopted under the authority of an Act of the 16th of his present +Majesty. + +The Legislature, uncertain with regard to the success of this new +species of punishment, and wishing to make other experiments, by an +Act of the same Session,[140] empowered the Justices of every county +in England to prepare Houses of Correction for the reception of +Convicts under sentence of death, to whom his Majesty should extend +his Royal Mercy, to be kept at hard labour for a term not exceeding +ten years. + +[Footnote 140: 16 George III. cap. 43, sect. 1st, 3d, and 11th.] + +The same Act, among many other excellent regulations, ordered the +Convicts to be kept separate, and not allowed to mix with any +offenders convicted of crimes less than Larceny--and that they should +be fed with coarse inferior food, water, and small beer, without +permission to have any other food, drink, or cloathing, than that +allowed by the Act, under certain penalties:--they were to be clothed +at the public expence. + +And as an encouragement to these delinquents, while such as refused to +work were to receive corporal punishment, those who behaved well had +not only the prospect held out of shortening the period of their +confinement, but also were to receive decent clothes, and a sum of +money not less than _forty shillings_, nor more than _five pounds_, +when discharged. + +This well-intentioned Act[141] (which certainly admits of many +improvements), was followed up, three years afterwards, by another +Statute, (19 Geo. III. cap. 74,) which had two very important objects +in view. + +[Footnote 141: An enormous expence has been incurred in building +Penitentiary-Houses in various Counties, and many philanthropic +individuals have exerted their best endeavours to carry this Act into +execution; but it is to be lamented, that crimes have been by no means +diminished. The fact is, that the System is erroneous--Responsibility +is no where established.--No uniformity of System prevails, and no +general superintendance or center point exists.--Like the Poor Laws, +the only part of the Act which is rigidly carried into execution is +raising a fund, which, without imputing blame to Magistrates (for the +error is in the System), has increased the expence of this branch of +the Police of the Country very far beyond what could have been +conceived--and it now becomes a heavy burden upon many of the +Counties.--The reform began at the wrong end.--The same expence +applied in establishing a System of Preventive Police, ought to render +numerous penitentiary houses in a great measure unnecessary.] + +The first was to erect, in some convenient common or waste ground, in +either of the counties of _Middlesex_, _Essex_, _Kent_, or _Surry_, +_Two large Penitentiary Houses_, the one to hold 600 _male_, and the +other 300 _female Convicts_, with proper _storehouses_, _workhouses_, +and _lodging-rooms_; an _infirmary_, _chapel_, and _burying-ground_; a +_prison_, _kitchen_, _garden_, and _air-grounds_: with proper +_offices_, and other _necessary apartments_. + +The expence of these grounds and erections was to be paid out of the +treasury; and his Majesty was empowered to appoint three persons as a +Committee of Management for regulating the Establishment; under the +controul of the Justices of the Peace of the County, and Judges of +Assize, with power to appoint a _clerk_, _governor_, _chaplain_, +_surgeon_, or _apothecary_, _store-keepers_, and _task-masters_; and +also a _matron_ for the females;--and to allow salaries to each, which +were to be paid out of the profits of the work, to be performed by the +Convicts. + +As soon as the buildings should be completed, the Court, before whom +any person was convicted for a transportable offence, might, in lieu +thereof, order the prisoner to be punished by confinement, in any of +these Penitentiary Houses, there to be kept to hard labour in the +proportion of 5 _years_ instead of 7 _years' transportation_, and not +exceeding 7 years in lieu of 14 _years' transportation_; limiting at +the same time the number of Convicts to be sent annually from the +Circuits in the Country, and from the different Sessions in the +Metropolis. + +This Act lays down various specific rules for the government of the +Establishment, and for the employment of the Prisoners; and the +following works, as being of the most servile kind and least liable to +be spoiled by ignorance, neglect, or obstinacy, are selected, namely-- + + 1. Treading in a wheel for moving machinery. + 2. Drawing in a capstan, for turning a mill or engine. + 3. Sawing stone + 4. Polishing marble + 5. Beating hemp + 6. Rasping logwood + 7. Chopping rags + 8. Making cordage + 9. Picking oakum + 10. Weaving sacks + 11. Knitting nets, + &c. &c. + +The food of the different offenders, as in the former Act, was limited +to bread and any coarse meat, with water and small beer; and the +Prisoners were to be cloathed in uniform apparel, with badges affixed, +agreeable to the Institution. + +Certain other rules were established for the discipline of the house, +under the direction of the Committee to be appointed by his Majesty; +who were to attend every fortnight, and to have power to reward such +offenders as should appear most diligent and meritorious, by giving +them a part of their earnings, to be applied for the use of themselves +end families. + +And when an offender should be discharged, decent clothing was to be +delivered to him; with a sum of money for present subsistence, not +less than _twenty shillings_, nor more than _three pounds_. + +The second purpose of this Act (and which is the only part of it which +was ever carried into effect), regards _the continuation of the System +of the Hulks_. + +It declares that for the more effectual punishment of atrocious male +offenders liable to be transported, the Court may order such Convicts +as are of proper age, and free from bodily infirmity, to be punished +by being kept on board ships or vessels; and employed in hard labour +in raising sand, soil, and gravel, and cleansing the River Thames, or +any other river, or port, approved by the Privy Council; or in any +other works upon the banks or shores of the same, under the direction +of superintendants approved of by the Justices, for a term not less +than _one_ year, nor more than _five_; except an offender be liable to +transportation for 14 years, in which case his punishment may be +commuted for 7 years on board the Hulks. + +The mode of feeding is the same as already explained, and the clothing +is to be at the discretion of the superintendant. A similar +discipline, varied only by local circumstances, is also established; +and on the discharge of any of the convicts, they are to receive for +present subsistence from 20_s._ to 3_l._ according to circumstances. + +The concluding part of the Act obliges the governors and +superintendants of the two Establishments to make annual returns to +the Court of King's Bench: and also authorizes his Majesty _to appoint +an Inspector of the two Penitentiary Houses, of the several vessels or +hulks on the River Thames, and of all the other gaols and places of +criminal confinement within the City of London and County of +Middlesex_; these Inspectors are personally to visit every such place +of confinement at least once a quarter, to examine into the +particulars of each, and to make a return to the Court of King's +Bench, of the _state of the buildings--the conduct of the +officers--treatment of the prisoners--state of their earnings and +expences_--and to follow up this by a report to both Houses of +Parliament, at the beginning of each Session. + +It is much to be lamented that neither of these two salutary Acts, so +far as regarded _National Penitentiary Houses_, which seemed to hold +out so fair a prospect of employing convicts, in pursuits connected +with _productive labour_, _industry_, and ultimate _reformation_, +without sending them out of the kingdom, have been carried into +execution. In the year 1784, the System of Transportation was again +revived, by the Act of the 24th Geo. III. Stat. 2. cap. 56; "which +empowers the Court, before whom a male Felon shall be convicted, to +order the prisoner to be transported beyond seas, either within his +Majesty's dominions or elsewhere; and his service to be assigned to +the contractor who shall undertake such transportation." + +The same Act continues the System of the Hulks for a further length of +time; by directing the removal of Convicts, under sentence of death, +and reprieved by his Majesty, and also such as are under sentence of +Transportation (being free from infectious disorders) to other places +of confinement, either inland, or on board of any ship or vessel in +the river Thames, or any other navigable river; and to continue them +so confined until transported according to law, or until the +expiration of the term of the sentence should otherwise entitle them +to their liberty. + +This plan of Transportation, through the medium of contractors, +although some Felons were sent to Africa,[142] does not appear to have +answered; from the great difficulty of finding any situation, since +the Revolution in America, where the service of Convicts could be +rendered productive or profitable to Merchants, who would undertake to +transport them; and hence arose the idea of making an Establishment +for these outcasts of Society in the infant colony of New South +Wales, to which remote region it was at length determined to transport +atrocious offenders.--Accordingly, in the year 1787, an Act passed, +(27 Geo. III. cap. 2,) authorizing the establishment of a Court of +Judicature for the trial of offenders who should be transported to New +South Wales. + +[Footnote 142: + + In 1785, George Moore, Esq. received for + transporting convicts L.1,512 7 6 + + John Kirby for expences 540 19 4 + + 1786, John Kirby; further expences 578 10 1 + + Anthony Calvert for Transportation 286 14 0 + + Thomas Cotton, Esq. Cloathing, + &c. 303 2 7 + ------------ + L.3,721 13 6[F]] + +[Footnote F: See Appendix (L. i.) to the 28th Report of Select +Committee on Finance.] + +Another Act of the following year, (28 Geo. III. cap. 24,) empowered +his Majesty, under his Royal Sign Manual, to authorize any person to +make contracts for the Transportation of offenders, and to direct to +whom security should be given for the due performance of the contract. + +By the Act of 30 George III. cap. 47, the Governor of the Settlement +may remit the punishment of offenders there: and on a certificate from +him their names shall be inserted in the next General Pardon. + +Under these various legislative regulations, the two Systems of +Punishment, namely, the _Hulks_ and _Transportation_ to New South +Wales, have been authorized and carried into execution. + +The System of the Hulks commenced on the 12th day of July, in the year +1776; and from that time until the 12th of December 1795, +comprehending a period of nineteen years, 7999 Convicts were ordered +to be punished by hard labour on the river Thames, and Langston and +Portsmouth harbours, which are accounted for in the following manner: + + 1. Convicts ordered to hard labour on the + River Thames, from 12th July 1776, to the + 12th January, 1778 2024 + + 2. Convicts, _under sentence of Transportation_, + put on board the Hulks on the River Thames, + from 11th January, 1783, to 12th December, + 1795 4775 + + 3. _Deduct_, under sentence of Transportation, + put on board the Hulks in Langston and + Portsmouth Harbours, received from the + Hulks at Woolwich, on the 20th of June, + 1791 466 + ---- 4309 + + Additional Convicts sent from different prisons + to Portsmouth and Langston from 1791, + to 1st December, 1795 1200 + + To which, add those from Woolwich as above 466 + ---- 1666 + ---- + Total 7999 + Of the above convicts there have been + Discharged 1610 + Pardoned 790 + Escaped 130 + ---- 2530 + Removed to other Gaols 17 + Transported to New South Wales 2207 + Died[143] 1946 + ---- + 6700 + + And there remain in the Hulks on the + Thames 523 + + And at Langston Harbour 776 + ---- 1299 + Total as above 7999 + +[Footnote 143: A malignant fever, at one period, carried off a vast +number, in spite of every effort to prevent it.] + +By a subsequent account laid before the Select Committee of the House +of Commons on Finance, and stated in Appendix, M. of their 28th +Report, dated the 26th of June, 1798, it appears that the number of +Convicts stood thus: + + In the Hulks on the Thames, at Woolwich 501 + At Portsmouth 948 + ---- + Total 1449 + + Besides 415 under Sentence of Transportation in the + different Gaols, making in all 1864. + +From the same authentic Documents, (pages 115, 116,) it appears, that +of these Convicts, the following numbers will be discharged upon +Society in the succeeding 13 years:[144] + + Portsmouth. Woolwich. + In 1800 140 115 + 1801 106 43 + 1802 127 26 + 1803 107 46 + 1804 149 77 + 1805 33 3 + 1806 1 1 + 1807 1 1 + 1808 1 1 + 1809 1 0 + 1810 1 0 + 1811 10 4 + 1812 1 0 + --- 678 --- 317 + For life 76 22 + +[Footnote 144: See page 98 of this volume, for an Account of the +Convicts enlarged the preceding eight years, + + in all 1383 + To be discharged as above 995 + ---- + Total 2378] + + +RECAPITULATION. + + Convicts discharged from the Hulks, from 1792 to + 1799 inclusive (_See page 98 of this Treatise_) 1383 + + To be discharged from the Hulks at Langston chiefly + in 6 years 678 + + From Woolwich, chiefly within the same period 317 + ---- + Total 2378 + +In the same authentic Documents, namely the Appendix (L. 1 & 2) page +103 of the 28th Report of the Select Committee on Finance, a Statement +is given of the Expence which has been incurred by Government, "for or +in respect of the Conviction, Confinement, and Maintenance of +Convicts, from the 1st January, 1775, to the year ending the 31st +December, 1797," of which the following is an abstract: + + 1 Jan. 1775 to 1 Jan. 1776 paid at the Exchequer L.8,660 0 0 + -- 1776 -- 1777 -- 7,950 16 10 + -- 1777 -- 1778 -- 13,676 14 5 + -- 1778 -- 1779 -- 17,939 18 0 + -- 1779 -- 1780 -- 22,292 11 1-1/2 + -- 1780 -- 1781 -- 21,034 0 1-1/2 + -- 1781 -- 1782 -- 18,686 19 0 + -- 1782 -- 1783 -- 22,320 10 9 + -- 1783 -- 1784 -- 17,669 3 11 + -- 1784 -- 1785 -- 31,555 18 11 + -- 1785 -- 1786 -- 32,343 17 7 + -- to 7 March 1786 -- 9,353 17 0 + + To 31 December 1786 22,282 18 4 + 1787 33,927 9 7 + 1788 34,059 14 8 + 1789 62,656 15 5 + 1790 46,865 4 6 + 1791 43,840 9 0 + 1792 22,300 12 7 + 1793 25,403 16 0 + 1794 25,751 3 7-1/2 + 1795 14,195 7 4-1/2 + 1796 36,174 7 9 + 1797 } { 19,506 15 11 + 1797 } { 12,574 0 0 + --------------- + Total Expence of Convicts in the } + Hulks, from the Commencement } L.623,022 14 5 + of the System to 1 January 1798 } + +The Contractors for the Convicts at Woolwich and Langston Harbour, (as +appear from documents laid before the House of Commons) entered into +an agreement with the Lords of the Treasury obliging themselves for +_the consideration of 1s. 3d. per day_, (being 22_l._ 16_s._ 3_d._ +a year _for each Convict_,) to provide at their own cost or charge, +_one_ or more _Hulks_, to keep the same in proper repair, to provide +proper Ship's Companies for the safe Custody of such Convicts; and +sufficient _meat_, _drink_, _clothing_ and _medical assistance_, for +the Convicts; as also to sustain all other charges (excepting the +expence of the _Chaplain_, _Coroner_, and bounties to discharged +Convicts;[145]) obeying, at the same time, all the orders of his +Majesty's Principal Secretary of State for the Home Department, +respecting the Convicts. A subsequent contract was made at 14-1/2_d._ +which reduced the expence to 22_l._ 1_s._ 0-1/2_d._ per man: and which +is the allowance made to the present Contractors. + +[Footnote 145: This expence, by an account laid before the House of +Commons, for one Year, ending the 15th Feb. 1792, appears to be-- + + Expence of Chaplain, Coroner, and Bounties + for Convicts at Woolwich L.221 17 4 + + At Langston and Portsmouth Harbours 153 19 8 + --------- + Total L.375 17 0] + +The terms of these contracts appear to be as favourable for Government +as could reasonably be expected, under all circumstances; and it would +appear, that some advantages are reaped by the Public, as the +documents laid before the House of Commons in 1792 and 1798, shew that +the labour performed by the Convicts is productive in a certain +degree.--The following Statements explain how their labour is +valued:-- + + From the 1st of January 1789 to the 1st of + January 1792, it appears that 653,432 days' + work had been performed at Langston Harbour, + Portsmouth, and Woolwich Warren; + which being estimated at 9_d._ a day, is L.24,503 14 0 + + and + + From the 1st of January 1789 to the 1st of January + 1792, it also appears that 260,440 + days' work had been performed at the + Dock yard at Woolwich; which being + partly performed by artificers in a more + productive species of labour, is estimated + at 1_s._ a day 13,022 0 0 + ------------- + Total value of Convicts' labour in 3 years L.37,525 14 0 + +It appears from the 28th Report of the Select Committee on Finance, +Appendix, No. 7 and 8-- + + That the work done by Convicts confined on + board the Hulks in Langston Harbour, + during the year 1797, was performed by + about 421 convicts upon a daily average, + and computing the labour of each artificer + at 19_l._ 8_s._ 9_d._ per annum, and each + labourer at 11_l._ 13_s._ 3_d._ it will + amount to L.5,997 18 3 + + The work performed in the same year by + about 250 convicts, confined on board the + Hulks at Portsmouth, computed as above + will amount to 3,226 15 0 + -------------- + 9,224 13 3 + + From which is to be deducted, to make the + amount correspond with the valuation + made by the Ordnance Board 1,440 5 3 + -------------- + L.7,784 8 0 + + The work done by convicts, confined on board + the _Prudentia_ and _Stanislaus_ Hulks at + Woolwich Dock-yards and Warren, performed + by 359 convicts, rated at 1_s._ and + 1_s._ 2_d._ for labourers, and 1_s._ 5_d._ + per day for artificers, is calculated to + amount to 6,578 4 7 + --------------- + L.14,362 12 7 + + Deduct allowances made, and articles supplied, + by the Board of Ordnance 1,498 14 10-1/2 + ------------------- + Total Estimate of the value of the labour of + Convicts in 1797 L.12,863 17 8-1/2 + ------------------- + +Upon this last statement the Select Committee on Finance (whose +various elaborate Reports on the State of the Nation, do them immortal +honour as Patriots and Legislators) very justly observe, that it is +extremely difficult to calculate the value of labour, performed under +such circumstances, with any degree of accuracy; and after several +views of the subject a conclusion is drawn, that the net expence to +the Public, for the maintenance of 1402 convicts in 1797, after +deducting the estimated value of labour, amounted to 20,878_l._ 14_s._ +10-1/2_d._ being at the rate of 14_l._ 17_s._ 9-1/2_d._ per man. + +It appears, however, that out of the whole number of 1402 maintained +in 1797, only 1030 were actually employed. The labour of the remaining +370 was, therefore, in a great measure, lost to the Community. + +At any rate, the value of this species of labour must be precarious, +and the advantages resulting from it problematical. + +Since the mere "possession of so many idle hands will sometimes be a +temptation to engage in works, which but for this inducement, would +not recommend themselves by their intrinsic utility."[146] + +[Footnote 146: See 28th Report of Finance Committee, page 17.] + +While it is admitted, that considerable improvements have been made +with regard to the reduction of the expence; that provision has also +been made for religious and moral instruction, by established +salaries to chaplains;--and that the contractors have honourably +performed their part of the undertaking; it is much to be lamented, +that this experiment has not been attended with more beneficial +consequences to the Public; not only in rendering the labour of the +convicts productive in a greater degree, so as at least to be equal to +the expence; but also in amending the morals of these miserable +out-casts; so that on their return to Society, they might, in some +respect, atone for the errors of their former lives, by a course of +honest industry, useful to themselves and to their country. On the +contrary, experience has shewn, that although an expence exceeding +623,000_l._ has been incurred by Government in the course of 22 years, +most of them, instead of profitting by the punishment they have +suffered (forgetting they were under sentence of death, and undismayed +by the dangers they have escaped) immediately rush into the same +course of depredation and warfare upon the public: nay, so hardened +and determined in this respect have some of them been, as even to make +proposals to their old friends, the Receivers, previous to the period +of their discharge, to purchase their newly acquired plunder. It has +already been shewn, that those few also, who are less depraved, and +perhaps disposed to amend their conduct, can find no resource for +labour; and are thus, too frequently, compelled, by dire necessity, to +herd with their former associates in iniquity, and it is much to be +feared, that the chief part of the multitudes, who have been +periodically discharged, have either suffered for new offences, or are +actually at present afflicting Society by reiterated depredations.[147] + +[Footnote 147: See the Examination of the Author before the Select +Committee of the House of Commons.] + +After maturely considering the enormous expence, and the total +inefficacy of the System of the Hulks, aided by the new lights which +have been thrown upon the subject by the important documents called +for by the Select Committee on Finance, it appears clear to +demonstration, that it would be for the interest of the Country to +abandon the present System; and the Author heartily joins in the +opinion expressed by those respectable members of the Legislature,--"_That +our principal places of Confinement, and modes of Punishment, so far +from the Conversion and Reformation of the Criminal, tend to send him +forth at the expiration of the period of his imprisonment more +confirmed in vice; and that the general tendency of our oeconomical +arrangements upon this subject, is ill calculated to meet the +accumulating burdens, which are the infallible result of so much error +in the System of Police_." + +Having thus explained the nature and effect of the punishment +inflicted on convicts, through the medium of the Hulks, and also the +expence attending these establishments; it will be necessary in the +next place, to examine the authentic documents, as they relate to the +transportation of Felons to New South Wales. + +From the Appendix, page 122, of the 28th Report of the Select +Committee on Finance, printed the 26th of June 1798, it appears that +the number of Convicts sent to New South Wales and Norfolk Island[148] +from the year 1787 to the year 1797 inclusive, stood thus:-- + + Men and + Women. Children. TOTAL. + 1787 778 17 795 + 1789 1251 22 1273 + 1790 2029 9 2038 + 1791 408 11 419 + 1792 412 6 418 + 1794 82 2 84 + 1795 133 3 136 + 1796 279 13 292 + 1797 393 10 403 + ---- -- ---- + 5765 93 5858 + +[Footnote 148: Norfolk Island is a small fertile spot, containing +about 14,000 acres of land, situated about 1200 miles distant from +Sydney Cove in New South Wales, where the seat of Government is +fixed.] + +It appears also from another document in the same Report (being the +last return of Convicts in the two Settlements) that their numbers +stood as stated in the following Table,-- + + Convicts |Convicts |Convicts |Total |Total + |Victualled|Emancipated| |Men + | | | |and + Men Women|Men Women|Men Women|Men Women|Women + ----------+----------+-----------+----------+----- + In New South } | | | | + Wales on the } | | | | + 31 Aug. 1796 } 1633 755| 78 5| 20 9|1731 769|2500 + | | | | + In Norfolk } | | | | + Island on the} | | | | + 22 Oct. 1796.} 379 167| 53 0| 12 3| 444 170| 614 + ---- ---| --- -| -- --|---- ---|----- + 2012 922| 131 5| 32 12|2175 939|3114 + + To which add the Convicts sent in 1796 and 1797, + including Children 695 + ---- + Total 3809 + +The diminution of Convicts from 5858 to 3809 is to be accounted for, +by a certain proportion leaving the Settlement after the expiration of +their time, and also by deaths,[149] which in the natural course of +things must be expected. + +[Footnote 149: In 21 months after the arrival of the first Convicts in +May 1788, there were 77 deaths and 87 births in the whole Settlement.] + +In resorting to this mode of disposing of Convicts, which at the time +must be considered as a choice of difficulties, a very large sum of +money has been expended.--Certainly much more than could have been +foreseen at the commencement: Since it appears from the 28th Report of +the Select Committee on Finance, who certainly have bestowed infinite +pains in the investigation, that the total amount exceeds _One Million +Sterling_, as will be seen from the following Statement, extracted +from page 120 of that 28th Report, viz: + + Disbursed for 5858 Convicts including 93 Children, transported + to New South Wales + + L. _s._ _d._ + In 1786 28,346 3 6 + -- 1787 29,242 11 10-1/2 + -- 1788 18,008 9 2 + -- 1789 88,057 18 2 + -- 1790 44,774 4 6-1/4 + -- 1791 129,019 19 10-3/4 + -- 1792 104,588 2 3-3/4 + -- 1793 69,961 16 6-1/2 + -- 1794 79,381 13 11-1/2 + -- 1795 75,280 19 0-3/4 + -- 1796 83,854 18 0 + -- 1797 120,372 4 8-3/4 + To which add the total Naval Expences 166,341 4 11 + ------------------------ + Total Expences in 12 Years L.1,037,230 6 7-3/4 + +Specification of the heads of Expences above stated-- + + Expences of the first Establishment of the + Settlement and Transportation of Convicts 264,433 11 0 + + Expences of Victualing Convicts and the + Settlement from hence 186,270 1 3-1/4 + + Expences of Cloathing, Tools, and Sundry + Articles 116,658 15 3 + + Bills drawn for the purchase of Provisions, + &c. for the use of the Colony 138,225 9 8-3/4 + + Expence of the Civil Establishment 48,134 0 2-1/4 + + Expence of the Military Establishment 94,993 11 3 + + Expence of the Marine Establishment 22,173 13 0-1/2 + + Naval Expences as above 166,341 4 11 + ---------------------- + Total L.1,037,230 6 7-3/4 + ---------------------- + +Thus it appears, that in executing the sentence of the Law on 5765 +Convicts more than One Million Sterling has been expended, nearly +equal to 180_l._ for each Convict, exclusive of the expence incurred +by the Counties, and by Government in the maintenance at home; and +without taking into the account the very considerable charge, which +must have been borne by the private Prosecutors in bringing these +Offenders to Justice. + +The Select Committee in their laborious investigation of the effects +of this System, very justly observe, "that the numbers of the Convicts +do not appear to have kept pace with the increase of the +expence."--They proceed to state (page 27 of the Report) "that after a +trial of twelve years, it seems not too early to inquire whether the +peculiar advantages likely to arise from this plan are such as may be +considered as compensating for its probable expence. The security held +out by the difficulty of return on the part of the convicts is the +only advantage that strikes the eye: but the nature of this advantage, +the amount of it, and the certainty of it, seem not altogether +undeserving of inquiry; nor whether a security of the same sort more +at command, and more to be depended on, might not be purchased on less +exceptionable terms. It may be also worthy of inquiry (add the +Committee) whether the advantages looked for, from this establishment +may not be dependent on its weakness? and whether as it grows less +disadvantageous in point of finance, it will not be apt to grow less +advantageous in the character of an instrument of Police? The more +thriving the Settlement the more frequented: The more frequented the +less difficulty of return.--The more thriving too the less terrible. +To persons in some circumstances;--to persons who otherwise would have +been disposed to emigrate, it may loose [Transcriber's Note: lose] its +terrors altogether, especially if by money or other means the +servitude be avoidable. This inconvenience had already become sensible +in the instance of the comparatively old planted Colonies. Many, +though innocent, went thither voluntarily, even at the price of +servitude, while others under the notion of punishment, were sent +thither for their crimes; so that while to some the emigration remains +a punishment, to others it may become an adventure; but a punishment +should be the same thing to all persons, and at all times." + +Contingencies, the Committee remark, may diminish the utility of the +Establishment, or may increase the expence. "Bad seasons, and the +destruction of the vegetable part of the stock of food: Mortality +among the as yet scanty stock of cattle.[150] Mischief from the +natives,--from insurrection among the convicts, or from the enemy. + +[Footnote 150: An account of the Live Stock in the possession of, and +Land in cultivation by, Government, and the Officers civil and +military, 1st September 1796, extracted from page 123, of the above +Report of the Select Committee on Finance. + + Civil and + Military + Government. Officers. Settlers. Total. + + Mares and Horses 14 43 0 57 + Cows and Cow Calves 67 34 0 101 + Bulls and Bull Calves 37 37 0 74 + Oxen 46 6 0 52 + Sheep 191 1310 30 1531 + Goats 111 1176 140 1427 + Hogs 59 889 921 1869 + ---- ---- ---- ---- + 525 3495 1091 5111[G] + ---- ---- ---- ---- + +[Footnote G: In addition to the above Stock 61 head of Cattle were +discovered in the year 1795, about 50 miles S.W. of the town of +Sydney, which must have been produced from three Cows which strayed +from the Settlement in 1788. This proves that at least one of the Cows +at the time must have been big with a Bull Calf, and also gives the +data for calculating the rate of the increase.] + + Land in cultivation, viz:-- Acres. + + Government 1700 + Civil and Military Officers 1172 + Settlers 2547 + ---- + 5419 + +The above 1700 acres were unemployed in 1796, on account of the want +of public labourers, and the many buildings required--about 4-5th +parts of the 1172 acres were sown with wheat--much timber cut, but not +burnt off, on the 2547 acres belonging to the settlers.] + +"Here, as at Sierra Leone, malice may produce an expedition of +devastation. The illusions to which the spirit of rapine is so much +exposed may give birth to an enterprize of depredation; apprehensions +of any such event entertained here would necessarily give birth to +preparations of defence. The apprehensions may be well or ill +grounded--the measures taken for defence successful or unsuccessful; +but the expence in the mean time is incurred. The distance is +unexampled, and all danger as well as all expence swells in proportion +to the distance: these topics appear to merit consideration. + +"Another circumstance is, that the labour of the whole number of +persons sent to these colonies, whether as Convicts or Settlers, _is +entirely lost to the Country_, nor can any return, to compensate such +a loss, be expected till that very distant day, when the improved +state of the Colony may, by possibility, begin to repay a part of the +advance, by the benefits of its trade. + +"Supposing abundance established, and remaining for ever without +disturbance, it may be deserving of consideration, in what shape and +in what degree, and with what degree of assurance, Government, in +point of Finance, is likely to profit by the abundance: for the stock +of the individuals, which each individual will consume, lay up or +sell, is on his own account; is not the Stock of Government. The +saving to Government depends upon the probity and zeal, and +intelligence of the Bailiffs in Husbandry, acting without personal +interest in the concern at that immense distance." + +After opinions so decided, the result of an inquiry, aided by +extensive information, and conducted by men of talents and judgment, +it would ill become the Author of this Work to offer (if he could +suggest,) additional arguments to prove the disadvantages which have +attended, and which are likely to attend the transportation of +Convicts to New South Wales. Although with regard to mere +_subsistence_, there may be a prospect (and it is yet a distant one), +of the Colony becoming independent of supplies from this Country; yet +with respect to most other articles its wants will experience no +diminution, and having once engaged in the project, humanity requires +that the Settlement should be supplied at the expence of the Nation. + +When the measure of establishing this Colony was adopted, a hope was +probably entertained that while the great difficulty and expence of +the passage home, joined to the fertility of the soil and the +salubrity of the climate, might induce convicts to remain after the +expiration of the period specified in their sentence, so as not to +become offensive again to their native Country; the removal to an +unknown region, inhabited by Savages, and situated at such a remote +distance from Great Britain would exhibit this species of punishment +in so terrific a light as to operate powerfully in preventing crimes. + +Experience, however, has shewn that this salutary effect has not been +produced, and that crimes are not to be diminished by the dread of +punishment in any shape. This great desideratum is only to be attained +by a well-regulated Police, calculated to destroy the sources from +whence evil propensities spring, and to remove the facilities by which +criminality is nourished and assisted. + +Under the present circumstances, where the mind continues depraved, +and where the harvest is so prolific, it ceases to be a matter of +wonder that a considerable proportion of the convicts transported to +New South Wales, have found their way back to their native +Country;--and that not a few of them have again afflicted Society by +renewing their depredations on the Public.--It is, indeed, lamentable +to reflect, that after the extreme labour which has been bestowed, and +the unparalleled expence which has been incurred, no effect whatsoever +favourable to the interest of the Community, or to the security of +innocence, has been produced. Looking back to the period when +Government was relieved of the expence of Convicts, almost of every +description under sentence of Transportation, and reflecting on the +enormous expence which has been incurred since the channel of +disposal, through the medium of the late American Colonies, has been +shut up; considering that within the short period of twenty-five years +no less a sum than 1,663,974_l._[151] has been expended in +transporting and maintaining about 15,000 Convicts, which would have +cost nothing under the old System;--it cannot be sufficiently +lamented, that so liberal a provision had not been employed in +establishing Systems of Prevention. One fourth part of this enormous +sum expended in a proper establishment of Preventive Police, would +probably have rendered transportation and punishment in a +considerable degree unnecessary, while the Country would have +benefitted by the industry of a large proportion of these outcasts, +who would then have been compelled to earn an honest livelihood by +their labour. + +[Footnote 151: + + Expence of maintaining about 9000 Convicts in + the Hulks, from January 1, 1795, to January 1, + 1798 L. 623,022 + + Expence of Transporting Convicts in 1785 and 1786 3,722 + + Expence of Transporting and Maintaining Convicts + from 1786 to 1797, New South Wales 1,037,230 + ----------- + Total L.1,663,974] + +Deploring the mass of turpitude which has drawn from the resources of +the Country so enormous a portion of wealth, it is no little +consolation to be able to look forward to a measure recommended by the +Select Committee, and in the train of being adopted by Government, +which holds out so fair a prospect not only of gradually diminishing +this expence in future, but also of rendering the labour of Convicts +productive, and of securing the Public against the repetition of those +depredations which have been rather increased than prevented, by the +System of punishments which have been heretofore adopted. + +The advantages in contemplation are to be attained by carrying into +effect a _proposal for a new and less expensive mode of employing and +reforming Convicts_, which has been offered to the consideration of +Government by JEREMY BENTHAM, Esq. and which appears to have been +fully investigated by the Finance Committee, who state it (p. 20, of +Report 28,) "to be no small recommendation to the plan, that the +Contractor proposes to employ the prisoners on his own account, +receiving a proportionally smaller sum from the Public for their +maintenance.--That the great and important advantages which +distinguish that plan from any other which has been hitherto +suggested, consist in the certain employment and industrious +livelihood which it insures to those whose terms of confinement are +expired. In the responsibility which the Contractor proposes to take +upon himself, for the future good behaviour of Criminals entrusted to +his care, even when they shall be no longer under his control: in the +publicity which is meant to be given to the whole conduct and effect +of the Establishment, _moral_, _medical_, and _oeconomical_, as well +by an annual report of the state and proceedings, as by the constant +facility of inspection, which will in an unusual manner be afforded by +the very form and construction of the building, upon which the prompt +and easy exercise of the superintending power of the Governor himself +principally depends." + +These advantages appear to the Committee of more importance, when the +periods of the enlargement of the several Convicts now on board the +Hulks are taken into consideration. The pernicious effects produced +upon the unfortunate persons confined in these seminaries of vice; and +the circumstance of 1411 destined to be enlarged in the course of 7 +years, to afflict the Society from which they have been separated--the +Committee consider as deserving of very serious consideration: and +they conclude their view of the subject by expressing, an uncommon +degree of solicitude, that no delay should take place in the execution +of the contract with Mr. Bentham, "because it would deprive the Public +for a longer time of the benefits of a plan, which they cannot but +look to as likely to be productive of the most essential advantage, +both in point of oeconomy and Police." + +The object in view is by the aid of ingenious machinery, to render the +labour of every class of Convicts so productive to the Contractor, as +to admit of their being maintained at 25 per cent. less than the +expence incurred on board the Hulks; while a rational prospect is held +out of reforming these Convicts and returning them upon Society, not +only with purer morals, but with the knowledge of some trade or +occupation by which they may afterwards earn their bread;--but this is +not all.--The proposer of this important design insures to the +Convicts, after the expiration of their time, the means of obtaining a +_livelihood_; by setting up a _Subsidiary Establishment_, into which +all who found themselves otherwise destitute of employment would be +admitted, and where they would be continued in the exercise of the +trades in which they were employed during their confinement. + +It is, however, impossible to do justice to the merit of this +_Proposal_, without laying it wholly before the Public. It seems to +embrace every object calculated to remove the errors and difficulties +of the present System, while it promises in a short time to relieve +the Finances of the Country from the enormous and unparalleled expence +which is incurred by the Establishment of the Hulks, and by +Transportation to New South Wales. + + * * * * * + +PROPOSAL + +FOR A NEW AND LESS EXPENSIVE MODE OF + +_EMPLOYING_ AND _REFORMING CONVICTS_. + +The Author, having turned his thoughts to the Penitentiary System from +its first origin, and having lately contrived a Building in which any +number of persons may be kept within the reach of being inspected +during every moment of their lives, and having made out, as he +flatters himself, to demonstration, that the only eligible mode of +managing an Establishment of such a nature, in a Building of such a +construction, would be by _Contract_, has been induced to make public +the following Proposal for Maintaining and Employing Convicts in +general, or such of them as would otherwise be confined on board the +Hulks, for 25 per cent. less than it costs Government to maintain them +there at present; deducting also the average value of the work at +present performed by them for the Public: upon the terms of his +receiving the produce of their labour, _taking on himself the whole +expence of the_ BUILDING, _fitting up and stocking_,[152] without any +advance to be made by Government for that purpose, requiring only that +the abatement and deduction above-mentioned shall be suspended for the +first year. + +[Footnote 152: All these articles taken into the account, the +originally-intended Penitentiary Houses on the late Mr. Blackburne's +plan, would not have cost so little as L.200 per man:--for 1000 +Prisoners, L.200,000: exclusive of the whole _annual_ expence of +maintenance, &c. to an unliquidated amount.] + +Upon the above-mentioned Terms, he would engage as follows: + + I. To furnish the Prisoners with a constant supply of + wholesome _Food_, not limited in quantity, but adequate to + each man's desires. + + II. To keep them _clad_ in a state of tightness and + neatness, superior to what is usual even in the Improved + Prisons. + + III. To keep them supplied with _separate Beds_ and Bedding, + competent to their situations, and in a state of cleanliness + scarcely any where conjoined with liberty. + + IV. To insure to them a sufficient supply of artificial + _warmth_ and _light_, whenever the season renders it + necessary: and thereby save the necessity of taking them + prematurely from their work, at such seasons (as in other + places) as well as preserve them from suffering by the + inclemency of the weather. + + V. To keep constantly from them, in conformity to the + practice so happily received, every kind of _strong_ and + spirituous liquor; unless where ordered in the way of + medicine. + + VI. To maintain them in a state of inviolable, though + mitigated seclusion, in _assorted_ companies, without any of + those opportunities of promiscuous association, which in + other places, disturb, if not destroy, whatever good effect + can have been expected from occasional solitude. + + VII. To give them an interest in their work, by allowing + them a share in the produce. + + VIII. To convert the prison into a _school_, and, by an + extended application of the principle of _the Sunday + Schools_, to return its inhabitants into the world + instructed, at least as well as in ordinary schools, in the + most useful branches of vulgar learning, as well as in some + trade or occupation, whereby they may afterwards earn their + livelihood. Extraordinary culture of extraordinary talents + is not, in this point of view, worth mentioning: it would be + for his own advantage to give them every instruction by + which the value of their labour may be increased. + + IX. To pay a penal sum for every _escape_, with or without + any default of his, irresistible violence from without + excepted; and this without employing _irons_ on any + occasion, or in any shape. + + X. To provide them with _spiritual_ and _medical_ + Assistants, constantly living in the midst of them, and + incessantly keeping them in view. + + XI. To pay a sum of money for every one who _dies_ under his + care, taking thereby upon him the insurance of their lives + for an ordinary premium: and that at a rate grounded on an + average of the number of deaths, not among imprisoned + Felons, but among persons of the same ages in a state of + liberty within the Bills of Mortality. + + XII. To lay for them the foundation-stone of a _provision + for old age_, upon the plan of the _Annuity Societies_. + + XIII. To insure to them a _livelihood_, at the expiration of + their terms, by setting up a _Subsidiary Establishment_, + into which all such as thought proper, should be admitted, + and in which they would be continued in the exercise of the + trades in which they were employed during their confinement, + without any further expence to Government. + + XIV. To make himself personally responsible for the + reformatory efficacy of his management, and even make + amends, in most instances, for any accident of its failure, + by paying a sum of money for every Prisoner convicted of a + Felony after his discharge, at a rate, increasing according + to the number of years he had been under the Proposer's + care, viz. a sum not exceeding 10_l._ if the Prisoner had + been in the Penitentiary Panopticon _one_ year: not + exceeding 15_l._ if _two_ years; not exceeding 20_l._ if + _three_ years; not exceeding 25_l._ if _four_ years; not + exceeding 30_l._ if _five_ years or upwards: such sum to be + paid immediately on conviction, and to be applied to the + indemnification of the persons injured by such subsequent + offence, and to be equal in amount to the value of the + injury, so long as it did not exceed the sums respectively + above specified. + + XV. To present to the Court of King's Bench, on a certain + day of every Term, and afterwards print and publish, at his + own expence, a Report, exhibiting, in detail, the state, + not only moral and medical, but economical, of the + Establishment; showing the whole profits, if any, and in + what manner they arise; and then and there, as well as on + any other day, upon summons from the Court, to make answer + to all such questions as shall be put to him in relation + thereto, not only on the part of the Court or Officer of the + Crown, but, by leave of the Court, on the part of any person + whatsoever; questions, the answer to which might tend to + subject him to conviction, though it were for a capital + crime, not excepted: treading under foot a maxim, invented + by the guilty for the benefit of the guilty, and from which + none but the guilty ever derived any advantage. + + XVI. By neatness and cleanliness, by diversity of + employment, by variety of contrivance, and above all, by + that peculiarity of construction, which, without any + unpleasant or hazardous vicinity, enables the whole + Establishment to be inspected at a view, from a commodious + and insulated room in the centre, the Prisoners remaining + unconscious of their being thus observed, it should be his + study to render it a spectacle such as persons of all + classes would, in the way of amusement, be curious to + partake of: and that, not only on Sundays, at the time of + Divine Service, but on ordinary days, at meal-times, or + times of work: providing thereby a _system of + superintendance, universal, unchargeable and uninterrupted_, + the most effectual and _indestructible_ of all securities + against abuse. + +Such are the methods that have occurred to him for accomplishing that +identification of "_interest with duty_," the effectuating of which, +in the person of the Governour, is declared to be one of the leading +objects of the Penitentiary Act.--[19 GEO. III. ch. 74.] + +The station of Gaoler is not in common account a very elevated one: +the addition of Contractor has not much tendency to raise it. He +little dreamt, when he first launched into the subject, that he was to +become a suitor, and perhaps in vain, for such an office. But +inventions unpractised might be in want of the inventor: and a +situation, thus clipped of emoluments, while it was loaded with +obligations, might be in want of candidates. Penetrated, therefore, +with the importance of the end, he would not suffer himself to see any +thing unpleasant or discreditable in the means. + + * * * * * + +_Outline of the Plan of Construction alluded to in the above +Proposal._ + +The Building _circular_--about the size of _Ranelagh_--The Prisoners +in their Cells, occupying the Circumference--The Officers, (Governor, +Chaplain, Surgeon, &c.) the Centre. + +By _Blinds_, and other contrivances, the Inspectors concealed (except +in as far as they think fit to show themselves) from the observation +of the Prisoners: hence the sentiment of a sort of invisible +omnipresence.--The whole circuit reviewable with little, or, if +necessary, without any change of place. + +_One_ Station in the Inspection-Part affording the most perfect view +of every Cell, and every part of every Cell, unless where a screen is +thought fit occasionally and purposely to be interposed. + + Against _Fire_ (if, under a system of constant and universal + inspection, any such accident could be to be apprehended,) a + pipe, terminating in a flexible hose, for bringing the water + down into the central Inspection-Room, from a cistern, of a + height sufficient to force it up again by its own pressure, + on the mere turning of a cock, and spread it thus over any + part within the Building. + +For _Visitors_, at the time of Divine service, an _Annular Gallery_, +rising from a floor laid immediately on the cieling of the Central +Inspection-Room, and disclosed to view, by the descent of a central +_Dome_, the superior surface of which serves, after descent, for the +reception of Ministers, Clerk, and a select part of the Auditory: the +Prisoners all round, brought forward, within perfect view and hearing +of the Ministers, to the front of their respective Cells. + +_Solitude_, or _limited Seclusion_, _ad libitum_.--But, unless for +punishment, limited seclusion in assorted companies is preferred: an +arrangement, upon this plan alone, exempt from danger. The degree of +_Seclusion_ fixed upon may be preserved, in all places, and at all +times, _inviolate_. Hitherto, where solitude has been aimed at, some +of its chief purposes have been frustrated by occasional associations. + + The _Approach_, _one_ only--_Gates_ opening into a walled + _avenue_ cut through the area. Hence, no strangers near the + building without _leave_, nor without being _surveyed_ from + it as they pass, nor without being known to come _on + purpose_. The gates, of _open_ work, to _expose hostile_ + mobs: On the other side of the road, a wall with a branch of + the road behind, to _shelter peaceable_ passengers from the + fire of the building. A mode of fortification like this, if + practicable, in a city, would have saved the _London + Prisons_, and prevented the unpopular accidents in _St. + George's Fields_. + + The _surrounding Wall_, itself surrounded by an open + palisade, which serves as a fence to the grounds on the + other side.--Except on the side of the Approach _no public + path_ by that fence.--A _Centinel's Walk_ between; on which + no one else can set foot, without forcing the fence, and + declaring himself a trespasser at least, if not an enemy. To + the four walls, four such walks _flanking_ and _crossing_ + each other at the ends.--Thus each Centinel has two to check + him. + +In contemplating the whole of this important design, it is impossible +to avoid congratulating the Public on the prospect which now opens by +a recent vote of Parliament,[153] for the purpose of carrying it +speedily into effect. + +[Footnote 153: At the close of the Session in June 1798, the House of +Commons voted 36000_l._ to Mr. Bentham, toward the expence of carrying +his plan into execution. See the Appropriation Act, 39 Geo. III. c. +114.] + +It comprizes in its structure every thing humanity can dictate, or +which a mind full of resource, and a judgment matured by great depth +of thought could suggest, for the purpose of relieving Society from a +dreadful and oppressive evil. + +It is even to extend comforts to offenders in the course of +punishment; and they are to be returned to Society after the period +expires, not as at present, polluted and depraved beyond what the +human mind can conceive; but impressed with the force of religious and +moral instructions, with an abhorrence of their former course of life, +and with a resource for obtaining an honest livelihood by the trade or +occupation which they were taught during their confinement.--And if +employment should fail, when at liberty to make their own election, an +asylum is provided, into which they will be admitted, and where they +may continue to exercise the trades in which they were employed during +their confinement, with certain advantages to themselves. + +These Convicts are, moreover, while in confinement, to have an +interest in the work they perform, by being allowed a share of the +produce, which may be either partly or wholly applied in laying the +foundation-stone of a provision for old age, upon the plan of the +Annuity Societies, which is to form one of the oeconomical +arrangements of this excellent Establishment. + +Among many other advantages calculated to improve the morals of +delinquents, and to render them useful to Society, it will possess, +after a certain period, the singular faculty of extending to the +Public these incalculable benefits, _perhaps without any expence +whatsoever_; since it may be reasonably expected, that by training +both Sexes to productive labour, extended and rendered valuable by the +proposed introduction of ingenious machinery, it will hereafter become +an object of advantage to new Contractors, (after the System is fully +matured, and the profits arising from it clearly ascertained), to take +upon them the conduct of the design, without stipulating for any +annuity or assistance whatsoever from Government. Nay, the certainty +of this profit, and its magnitude arising from labour alone, may, +perhaps, ultimately even create a competition of Contractors, who, +instead of _receiving_, will be induced to _offer_ a premium to +Government for the appointment to the situation; the value of which +will be evidenced by the increasing annual profits. + +It is, indeed, highly probable, that as the Institution advances to +maturity, under a plan so admirably adapted to render labour +productive in the greatest possible degree; in the same manner will +the profits gradually increase year after year until they shall be +rendered obvious and certain, and not as at present depending on +speculative opinions. + +The proposed annual report to the Court of King's Bench, through which +medium the progressive profits will be generally promulgated, will +create notoriety, and excite attention; and it is by no means +improbable, that when the contract becomes open, by the decease of +the two Gentlemen to whom the Public are to be indebted for this +invention, that it will acquire _a precise value_, like any other +saleable commodity. + +This was exemplified in the instance of Convicts sent to America, +which for a great length of time cost Government a large sum annually, +until a discovery of the profits, arising from the disposal of the +services of Felons, created a competition, which eased the Public of +every expence whatsoever on account of their Transportation. + +But these are not the only advantages which the Country will derive +from this new Penitentiary System. Its success will rapidly change the +oeconomy of the many unproductive Houses of Correction, which have +been erected at an enormous expence to the different Counties, under +the Act of the 16th of Geo. III. cap. 43. Those in the management of +these respective Establishments will gladly follow an example which +mingles in so great a degree--_humanity with reform and profit_, +thereby holding out a prospect both of diminishing crimes, and +reducing the County Rates, now estimated by the Finance Committee at +_fifty thousand pounds a year_ for prisons, and criminal Police alone. + +Such are some of the benefits which may be reasonably expected to +arise from the proposed Penitentiary System. If they shall be realized +to the extent which is contemplated, so as to render transportation, +as well as the Hulks, unnecessary, the pecuniary saving to Government +in twenty years will be immense. This may be ascertained by referring +to a preceding page, where the disbursements in the criminal +department are inserted, which have taken place since the commencement +of the American war, which rendered a new System necessary. If to this +sum is added the expences incurred by the Counties, it will probably +be found to have exceeded _Two millions sterling in all_. + +But still further advantages may be contemplated in addition to those +of a pecuniary nature.--By retaining delinquents in the Country, and +rendering their labour profitable to the State, a new source of wealth +is opened which never existed at any former period, since the labour +of convicts transported, whether to America or New South Wales, has +been totally unproductive to the Country. + +The success of such a design, once clearly manifested, would give a +new and favourable turn to the System of Punishments. Labour would be +exacted in almost every case, not more for the benefit of the State +than the advantage of the Prisoner, since labour and reform generally +go hand in hand.--Without the aid of labour, it is in vain to expect +an improvement in the morals or habits of delinquents--without an +asylum to which discharged prisoners can resort for employment, their +punishment produces no advantage. On the contrary, the vices of a +Gaol send them forth more hardened in iniquity, and greater adepts in +the trade of thieving than before. + +Nothing, therefore, can be more hostile to the diminution of crimes +than the present mode of punishment for small offences, by a short +imprisonment, without being employed in useful and productive labour. + +Under this defective System the different Gaols in the Metropolis and +the Kingdom, are periodically vomiting forth hordes of Minor +Delinquents, who serve as recruits to the more desperate gangs, and +remain in a course of turpitude until cut off by the commission of +higher offences. Some exceptions, doubtless, there are; but while the +resource for honest labour is so effectually shut out, many who have +totally lost character, and are without friends, seem to have no other +resource. + +To all who may be confined in the proposed Penitentiary Establishment, +this difficulty will be removed.--A difficulty in the present state of +things, the magnitude of which cannot be estimated, since it generates +most of those evils to which are to be attributed the extensive +corruption of morals, and the increase and multiplication of crimes. + +Upon the whole, it would be expedient to give full effect to the new +Penitentiary System as soon as possible; which, to use the language of +the Select Committee, (p. 30.) "seems to bid fairer than any other +that was ever yet offered to the Public, to diminish the Public +expenditure in this branch, and to produce a salutary reform in the +objects of the proposed institution." + +At the same time for the purpose of rendering the System of +Punishments useful in the greatest possible degree to the Community, +and that they may operate, in the fullest extent, as an example, +tending to the prevention of crimes, it would seem that the following +general principles should be adopted. + + 1st. That examples of punishment by death, (except, perhaps, + in cases of Murder), should only take place twice a year: + and that the impression upon the Public mind may be stronger + from the less frequency of such painful exhibitions, they + ought on all occasions to be conducted with a degree of + solemnity suited to the object in the view of the + Legislature, when the life of a fellow-creature is + sacrificed, that it may really prove useful in deterring + others; and not be contemplated with indifference, as is too + often the case at present, without making the least + impression, or being in any degree beneficial to the great + ends of Public justice. + + 2d. That the System of the Hulks should be at once wholly + abandoned, as a source of great expence, producing in the + result infinitely more evil than good, and thereby + exhausting the Finances of the Country without any one + beneficial consequence. + + 3d. That Transportation to New South Wales and Norfolk + Island, should be limited to a few of the most depraved, + incorrigible, and irreclaimable Convicts, whose vicious and + ungovernable conduct, while under the discipline of a + Penitentiary House, rendered their reform hopeless.--That + shipments should only take place once in three years, and + that the Civil and Military Establishment of the Colony + should be gradually reduced, so as to bring the National + Expenditure on this branch of Police within moderate bounds. + + 4th. That every thing should be done to accelerate the + erection of National Penitentiary Houses.--That their + capacity, including appendages, should be equal to the + accommodation of 3,500 Convicts of all descriptions, so as + to admit of different degrees of treatment and labour, + according to the _age, sex, and state of health of the + Convicts_. + + 5th. That the local Penitentiary Houses in the different + Counties, destined for the Punishment of persons convicted + of Larcenies, and other minor offences, should be conducted, + as nearly as possible, upon the plan of the National + Establishments; and also by contract, under circumstances + where the labour of the Convicts may, by the resources of + the Contractor, be rendered (without hardship) equal, or + nearly equal, to the expence; a measure conceived to be + almost, in every instance, practicable, where knowledge of + business, stimulated by interest, shall form an ingredient + in the executive management. + + 6th. That there should be attached to each County + Penitentiary House, a Subsidiary Establishment, into which + all discharged prisoners should be admitted who choose it, + and where they might be continued in the exercise of the + trades in which they were employed during their confinement, + and for which they should receive wages in proportion to + their earnings, until they could otherwise find a settled + employment through an honest medium: thus giving those who + are desirous of reforming an opportunity of sheltering + themselves from the dangers of relapse, which arise from + being afloat upon the Public--idle, and without the means of + subsistence. + +In carrying the Penitentiary System into effect, it ought not to +escape notice, that the hardship imposed on Convicts, with respect to +manual labour, would be no more than every honest artisan who works +industriously for his family, must, during the whole course of his +life, impose upon himself. The condition of a Convict would, even in +some respects, be superior, inasmuch as he would enjoy medical +assistance, and other advantages tending to the preservation of +health, which do not attach to the lower classes of the people, whose +irregularities not being restrained, while their pursuits and labours +are seldom directed by good judgment and intelligence, often produce +bad health, and extreme indigence and distress. + +The difficulty which has heretofore been experienced with respect to +productive labour in the Provincial Houses of Correction will vanish, +when the System shall be exemplified in the National Penitentiary +Establishment. To conduct a Plan of this nature with advantage to the +Public and to the individual, an assemblage of _qualities_, +_dispositions_, and _endowments_, which rarely meet in one man, will +be necessary--namely, _education, habits of business, a knowledge of +the common affairs of life--an active and discriminating +mind--indefatigable industry--the purest morals, and a philanthropic +disposition, totally divested of those hurtful propensities which lead +to idle amusements_. + +Such men are to be found, and would come forward, as Contractors, with +ample security as often as opportunities offered, after the System +became matured. It is only by the uncontrolled energy of talents, +where duty and interest go hand in hand, that labour is to be obtained +from Convicts.--No fluctuating management, nor any superintendance +whatsoever, where a spring is not given to exertion by motives of +interest, can perfect any Penitentiary design; or, indeed, any design +where profit is to be derived from labour. Hence the ill success of +almost all the well meant establishments with respect to the Poor, +and to most of the local Penitentiary Houses. In some instances a few +establishments at first hold out prospects of success; but at length +they dwindle and decay, and in the result they have mostly all been +unprofitable. The death or removal of an active or philanthropic +Magistrate produces a languor, which terminates often in the ruin or +the abandonment of the design. + +The National Penitentiary System is guarded against this contingency; +and until the local Establishments can enjoy equal advantages, success +in any degree is scarcely to be expected, and _permanent success_ is +altogether hopeless. + +The object to be attained is of great magnitude.--Let an appeal be, +therefore, made to the good sense of the country, and to the feelings +of humanity in behalf of an unfortunate and noxious class of +individuals. Let the effects of the present System be candidly +examined, in opposition to the benefits which may result from that +which is proposed, and let the decision be speedy, that Society may no +longer be tormented by the evils which arise from this branch of the +Police of the country. + +The suggestions which are thus hazarded on the subject of punishments, +are by no means the refinements of speculation doubtful and uncertain +in their issue. + +The System accords either with what has been already enacted by the +Legislature or recommended by the Finance Committee. And the whole +has been admitted to be practicable under an able and permanent +superintendence. A hope may, therefore, be indulged, that where the +interest of Society and the cause of Humanity is so deeply concerned, +a design which holds out so many advantages, will experience that +general support which it unquestionably merits; since its object is +not only to reclaim the Out-casts of the present generation, but also +to rescue thousands yet unborn from misery and destruction. + + + + +CHAP. XVII. + + _The Police of the Metropolis examined--Its organization + explained, with regard to that branch which relates to the + prevention and suppression of Crimes.--The utility of the + new System, established in 1792, examined and + explained.--Reasons assigned why this System has not tended, + in a greater degree, to the suppression and prevention of + atrocious Crimes--Its great deficiency from the want of + funds, by which Magistrates are crippled in their exertions, + with regard to the detection and punishment of + Offenders.--Reasons in favour of a New System.--The Police + of the City of London (as now constituted) explained and + examined.--Suggestions relative to established Justices, and + the benefits likely to result from their exertions in + assisting the City Magistrates: from whose other engagements + and pursuits, that close and laborious attention cannot be + expected which the Public interest requires.--The + Magistrates of London the most respectable, perhaps, in the + world.--The vast labour and weight of duty attached to the + chief Magistrate.--The Aldermen have certain duties assigned + them, which ought not, in justice to be augmented, as they + act gratuitously.--The benefits which result to the + Community from established Police Magistrates, considered in + different points of view; and exemplified in the advantages + which have arisen from the System under the Act of + 1792.--General Reflections on the advantages which would + arise from the various remedies which have been proposed in + the course of this Work.--These benefits, however, only of a + partial nature, inadequate to the object of complete + protection, for want of a centre-point and superintending + Establishment, under the controul of the first Minister of + Police.--Reasons assigned in favour of such a System.--The + advantages that would result from its adoption.--The ideas + of enlightened Foreigners on the Police of the Metropolis + explained.--Reflections suggested by those + ideas.--Observations on the Police of Paris previous to the + Revolution in France: elucidated by Anecdotes of the Emperor + Joseph the Second and Mons. de Sartine.--The danger of an + inundation of Foreign Sharpers and Villains on the return of + Peace.--The situation of Europe requires, and the necessity + of a well-regulated Police points out the utility of, a + Central Board of Commissioners for Managing the + Police.--This measure recommended by the Select Committee of + Finance, since the publication of the last Edition of this + Work._ + + +Having in the preceding Chapters endeavoured to bring under the review +of the Reader, not only those prominent causes which have occasioned +that great increase of Public Wrongs, which every good man must +deplore, but also the _various classes of delinquents_ which compose +the melancholy catalogue of human depravity; having also stated such +observations and facts, relative to _detection_, _trials_, and +_punishments_, as seemed to be necessary for the purpose of +elucidating a subject of great importance to be understood; it remains +now to explain and develope the _System_ hitherto established for the +purpose of protecting the Public against those enormities; and from +which is to be expected that energy, and those exertions, which have +been shewn to be so indispensably necessary, for the suppression and +prevention of crimes. + +The POLICE _of this great Metropolis_ is undoubtedly a System highly +interesting to be understood, although heretofore (as far as the +Author has had access to know) it has never been, at any period, fully +explained through the medium of the press;--and hence it is, that a +vast proportion of those who reside in the Capital, as well as the +multitude of strangers who resort to it, have no accurate idea of the +principles of organization, which move so complicated a machine. + +It has been already stated in a preceding Chapter, that twenty-six +Magistrates, forming that respectable body, comprehending the +Lord-Mayor and Aldermen,[154] sit in rotation every forenoon, at the +Mansion-house, and at Guildhall, and take cognizance of all matters +of Police within the ancient jurisdiction of the City of London; while +twenty-six established Magistrates appointed for every other part of +the Metropolis,[155] including the River Police, having particular +offices or courts of justice assigned them at convenient distances in +Westminster, Middlesex, and Surry, sit every day (Sunday excepted) +both in the morning and evening, for the purpose of executing all the +multifarious duties, connected with the office of a Justice of the +Peace, which unavoidably occur in large societies.[156] + +[Footnote 154: The following are the names of the Aldermen at present +in the Magistracy of the City; arranged according to their Seniority. + + 1761 Right Hon. Thos. Harley, Bridge Ward Without + 72 Sir Watkin Lewis, Knt. Lime-street + 72 Sir William Plomer, Knt. Bassishaw + 74 Nathaniel Newnham, Esq. Vintry + 82 John Boydell, Esq. Cheap + 84 Paul Le Mesurier, Esq. Dowgate + 84 Brock Watson, Esq. Cordwainers + 85 Thomas Skinner, Esq. Queenhithe + 85 William Curtis, Esq. Tower + 86 William Newnham, Esq. Farringdon Within + 86 G.M. Macauley, Esq. Coleman-street + 89 J.W. Andersen, Esq. Aldersgate-street + 90 Harvey C. Combe, Esq. Aldgate + 90 Sir Richard Carr Glyn, Knt. Bishopsgate-street + 93 William Staines, Esq. Cripplegate + 95 Sir John Eamer, Knt. Langborne + 96 Sir William Herne, Knt. Castle-Baynard + 96 Robert Williams, Esq. Cornhill + 97 Charles Hamerton, Esq. Bread-street + 98 Charles Price, Esq. Farringdon Without + 98 Peter Perchard, Esq. Candlewick + 98 Thomas Cadell, Esq. Walbrook + 98 George Hibbert, Esq. Bridge Within + 98 James Shaw, Esq. Portsoken + 98 John Perring, Esq. Broad-street + 99 William Leighton, Esq. Billingsgate + +Sir John William Rose, Knt. Recorder of London, a Magistrate, holding +rank above the Aldermen who have not served the office of Lord +Mayor.--He assists at the General and Quarter Sessions of the Peace, +and in the principal affairs of the City; but does not sit in +rotation. + +Richard Clark, Esq. Chamberlain, acting judicially with respect to +Apprentices. + +Mr. Newman, Clerk to the Lord-Mayor, or Sitting Alderman at the +Mansion-house. + +Mr. Whittle, Clerk to the sitting Alderman at Guildhall.] + +[Footnote 155: The following are the Public Offices in the Metropolis; +(exclusive of the City of London;) and the respective Magistrates who +_preside_, and the Clerks who _officiate_ at each. + + Westminster. + + Bow-street, Sir William Addington, Knt. } + Covent Garden. Nicholas Bond, Esq. } _Magistrates_. + Richard Ford, Esq. } + Mess. Lavender and Davies, _Clerks_. + + The following seven Public Offices were established by the + Act 32 Geo. III. cap. 53. and continued for 5 years by 36 + Geo. III. cap. 75. + + Queen's Square, Cranley Thomas Kerby, Esq. } + St. Margaret's Henry James Pye, Esq. } _Magistrates_. + Westminster. Patrick Colquhoun, Esq. } + Mess. Arthur Gliddon and J. Jones, _Clerks_. + + Great Marl- Nathaniel Conant, Esq. } + borough-street, John Scott, Esq. } _Magistrates_. + Oxford Road. Phillip Neave, Esq. } + Mess. H.P. Butler and J. Thornton, _Clerks_. + + Middlesex. + + Hatton Garden William Bleamire, Esq. } + Holborn. Aaron Graham, Esq. } _Magistrates_. + Robert Baker, Esq. } + Mess. A. Todd and W. Upton, _Clerks_. + + Worship-street, John Floud, Esq. } + Finsbury-Squ. William Brodie, Esq. } _Magistrates_. + John Nares, Esq. } + Mess. Chas. Lush and J. Chalmers, _Clerks_. + + Lambeth-street, Rice Davies, Esq. } + Whitechapel. Henry Reynett, D.D. } _Magistrates_. + Daniel Williams, Esq. } + Mess. John Smith and J. Bailey, _Clerks_. + + High-street, George Storie, Esq. } + Shadwell. John Staples, Esq. } _Magistrates_. + Rupert Clarke, Esq. } + Mess. J. Rowswell and G. Skeen, _Clerks_. + + Surrey. + + Union-street, Gideon Fournier, Esq. } + Southwark. Benjamin Robinson, Esq. } _Magistrates_. + Richard Carpenter Smith, Esq. } + Mess. D. Campbell and J.A. Jallicoe, _Clerks_. + + Marine Police, P. Colquhoun, Esq. superintending Magistrate, + Wapping New gratis + Stairs. John Harriot, Esq. Resident Magistrate + Henry Lang, Esq. Chief Clerk + William Brooke, Cashier + Three Junior Clerks, and Ten Surveyors, &c. + +N.B. The whole Fees and Penalties taken and received at the seven +Offices, established by 32 Geo. III. cap. 53. are paid into the +_Receiver_ on account of the Public, and the whole expences of the +Establishments are defrayed from the funds placed in his hands for +that purpose.] + +[Footnote 156: The Marine Police Magistrates, on account of the extent +of the Establishment, and the number of River Officers under their +Control, never leave the Office from the time that business commences +in the morning until a late hour in the evening.] + +This Institution of established Justices (except with regard to the +three Magistrates at Bow-street, and the Justices at the Marine Police +Office,) was suggested to the Legislature, in consequence of the +pressure felt by the Public, from the want of some regular and +properly-constituted Tribunals for the distribution of justice; where +the System should be uniform; and where the purity of the Magistrates, +and their regular attendance, might insure to the People, the +adjustment of their differences, at the least possible expence; and +the assistance of gratuitous advice in every difficulty; as well as +official aid, in all cases within the sphere of the Magistrates in +their respective districts. + +The duty of these established Magistrates, (in conjunction with +other Justices of the Peace, who find it convenient to give +their assistance,) extends also to several important judicial +proceedings; where, in a great variety of instances, they are +empowered and required to _hear_ and _determine_, in a summary way; +particularly in cases relative to the _customs, excise, and +stamps--the game laws--hawkers and pedlars--pawn-brokers--friendly +societies--highways--hackney coaches, carts, and other carriages--Quakers +and others refusing to pay tythes--appeals of defaulters in parochial +rates--misdemeanors committed by persons unlawfully pawning property +not their own--bakers for short weight, &c.--journeymen leaving their +services in different trades--labourers not complying with their +agreements--disorderly apprentices--alehouse keepers keeping +disorderly houses--nuisances by different Acts of Parliament--acts of +vagrancy by fraudulent lottery insurers--fortune-tellers; or persons +of evil fame found in avenues to public places, with an intent to +rob--As well as a multitude of other offences, in which Justices have +power to proceed to conviction and punishment, either by fine or +imprisonment_. + +The duty of the Magistrates also extends to a vast number of other +objects, such as _licencing Public Houses_, and establishing Rules and +Orders for Publicans,[157] _watching over the conduct of +Publicans--swearing in, charging and instructing parochial constables +and headboroughs from year to year, with regard to their duty--issuing +warrants for privy searches; and in considering the cases of persons +charged with being disorderly persons, or rogues and vagabonds, liable +to be punished under the Act of the 17th of George II. cap. 5, and +subsequent acts of Parliament--in making orders to Parish Officers, +Beadles, and Constables, in a variety of cases--in Parish Removals--in +billeting soldiers--in considering the cases of poor persons applying +for assistance, or admission to workhouses--in granting certificates +and orders to the wives of persons serving in the Militia_, and also +_in attesting recruits, for the Army--in attending the General and +Quarter Sessions of the Peace, and in visiting the Workhouses, +Bride-wells, and Prisons_.[158] + +[Footnote 157: See Tract on Public Houses, by the Author of this +Treatise.] + +[Footnote 158: The Magistrates at the Marine Police confine their +attention almost wholly to the cognizance of offences, either +committed on the River, or connected with Maritime Affairs, and his +Majesty's Stores in the Public Arsenals.] + +In addition to these various duties, many criminal cases occur in the +course of a year, which are examined for the purpose, if necessary, of +being sent to superior tribunals for trials:--such as charges of +_Treason, Murder, Coining, and uttering Base Money, Arson, +Manslaughter, Forgery, Burglary, Larceny, Sedition, Felonies of +various descriptions, Conspiracies, Frauds, Riots, Assaults, and +Misdemeanors of different kinds_:--all which unavoidably impose upon +every official Magistrate, a weight of business requiring great +exertion, and an unremitting attention to the Public Interest, in the +due execution of this very important Trust. + +When the Police System was first established in the year 1792, the +public mind became impressed with an idea that the chief, if not the +only, object of the institution was to prevent _Robberies_, +_Burglaries_, and other _atrocious Offences_; and that the suppression +of those crimes, which bore hardest upon Society, and were most +dreaded by the Public at large, was to be the result. These +expectations shewed, that neither the powers nor authorities granted +by the Act of Parliament, nor the other duties imposed upon the +Magistracy of the Police, were understood. For this Statute (useful as +it certainly is in a very high degree in many other respects,) does +not contain even a single regulation applicable to the prevention of +crimes; except that which relates to the apprehension of suspected +characters, found in the avenues to public places, with intent to +commit felony; who are liable to be punished as rogues and +vagabonds,--and even this provision does not extend to the city of +London. + +But this is not all--an establishment has been created, without the +most necessary of all engines to give vigour and effect to the +exertions of the Magistrates; namely, a pecuniary Fund to defray the +expences of detecting criminals, and of rewarding those who bring +informations useful to Public Justice. The expence of each Public +Office being restricted to _two thousand pounds_ a year, and the +establishment in _salaries_, _rents_, _taxes_, and other +_contingencies_ exhausting that sum, nothing remains for one of the +most necessary purposes of the Institution--the _Prevention_ and the +_Suppression of Crimes_.[159] + +[Footnote 159: It is by no means to be understood, that this +deficiency arose from any want of real attention or public spirit on +the part of the respectable individuals who framed and promoted this +act. It was perhaps as much as could reasonably be expected at the +time, until the public mind could be more fully informed. It was by +the operation of this act, that a correct view of the improvements +necessary to complete the System, were to be obtained. This first step +was, therefore, of great importance; and it is but justice to state, +that to the Authors of this Act the Public will be indebted for every +subsequent arrangement, which may be adopted for perfecting the Police +of the Metropolis.] + +It is in vain to expect that either vigour or energy can enter into +that part of the System, where a great deal of _both_ is necessary, +_without Funds_. + +If criminals, at war with the Community, are to be detected--if risks +are to be run to effect this purpose--if it is to be done, (as it must +frequently be) at the hazard of the loss of health, and _even of +life_, by watching desperadoes in the night time--if accurate +informations are necessary, either to discover where stolen property +is deposited, or where the delinquents are to be found; a Fund must be +provided, or the Public cannot be protected. Those, whose province it +is to watch over the Police must not expect that men, capable of +giving them useful information, will return a second time, if they +have not some adequate reward bestowed upon them for their labour, +risk, and trouble. Without such power of granting small rewards, (so +far as that part of his duty which relates to the discovery of +property plundered, and the detection of the offenders is of +importance to the Public,) a Magistrate is placed in the situation of +a person pledged to work, _without tools or implements of labour_, by +which he can in any respect accomplish his purpose. And hence it is, +that among the numerous causes assigned in the course of this Work, +for the increase of Crimes,--this is none of the least. + +Not that it is meant that any additional burthen on the Public, by an +extensive expenditure of money, would be necessary--A very moderate +sum judiciously and oeconomically laid out, would bring to +Commissioners of the Police, or to the _disbursing Magistrates_, +through some medium or other, an early account of most of the +depredations committed upon the Public, as well as every circumstance +relative to coiners and sellers of base money.--This would lead to the +detection and apprehension of most of the offenders; and thereby +strike such an universal terror, as (assisted by the other salutary +regulations proposed in this Work) would soon reduce the number of +Thieves, Coiners, and other delinquents; and thus, of course, diminish +the ultimate and great additional expence which follows conviction, in +all cases where felons are in the course of punishment. + +In this view of the subject, it would prove a Regulation calculated +greatly to reduce the aggregate expence; for surely, if _a few +guineas_ judiciously laid out, in the first instance, would save +_fifty_ afterwards to the State, it must be a wise and a good +arrangement; and in this way it would probably operate. But this would +not be the only saving to the Nation: by preventing crimes, all those +concerned in projects of mischief must, instead of preying upon the +industry of others, assist the State, by contributing their share to +the national stock of labour. + +Next to the want of a sufficient pecuniary Fund, the most obvious +deficiency in the present System of executive Police in the +Metropolis, is that which regards the Magistracy of the City of +London; _where the case is precisely reversed_; for _there_ the funds +for the detection and discovery of offenders, may be made as ample as +the Corporation shall think fit; but the want of a _Stipendiary +Establishment_ must prevent the operation of that System of vigour and +energy, which the increase of Criminals and the present state of +Society demand. + +The Magistrates of the City of London form a body, perhaps the most +_respectable_, and _independent_ of any in the world; but besides the +unavoidable, important, and multiplied affairs of the Corporation, in +attending the various Courts of the Lord-Mayor--Aldermen--Common +Council--Common Hall--Wardmotes--Conservancy--Courts of +Requests--Court of Orphans--and General and Quarter Sessions of the +Peace, and Justice Hall at the Old Bailey, they have avocations and +engagements in business, which must necessarily occupy their minds. +It cannot, therefore, reasonably be expected, that they should forego +their own important private interests, and bestow upon the business of +the Public that attention which their situation as Magistrates seems +to require.[160] + +[Footnote 160: The Author having had occasion to represent to a late +Chief Magistrate, of great talents and respectability, the enormous +evil arising from _base coin_:--He very judiciously observed, that to +do any good in protecting the Public against this species of offence, +_it would require the mind of a Magistrate to be given up to that +object alone_. This pointed and accurate remark is sufficient to +elucidate, in an eminent degree, the necessity of Magistrates with +salaries, in all large Communities.] + +The Chief Magistrate cannot, in the nature of things, while the +immense load of municipal affairs, joined to his own private concerns, +presses constantly upon his mind, bestow either time or attention in +considering the cases of delinquents brought before him; or in +following up informations, and devising plans necessary to detect +offenders; and yet this detail of duty, even from the pass-vagrant to +the most atrocious villain, is imposed on him, by ancient immemorial +custom and usage; at the very moment when he is overpowered with other +official business, of great magnitude and importance; which can be +transacted by no other person. Hurried with constant engagements, +inseparable from the functions and dignity attached to his high +office, and the general government of the City, a Lord-Mayor is just +beginning to understand the duties attached to the Chief Magistracy, +at the period when he must lay it down. + +The other Magistrates of the City having had a precise line of duty +anciently chalked out, when Commerce and Society had made less +progress, the same System continues; nor would it be proper to expect +an augmentation of labour, or a greater proportion of time, from +Magistrates who serve the Public gratuitously.--The unremitting +attendance and indefatigable industry, which the Public interest +requires, it would be vain and unjust to expect, from any but +Magistrates selected for that purpose, and that only.[161] + +[Footnote 161: The Select Committee of the House of Commons on +Finance, in their 28th Report (already repeatedly quoted), appear to +be very strongly impressed with the necessity of Police Magistrates, +and a Concurrent Jurisdiction for the City of London.--They express +themselves in the following words: "It is further to be stated, that a +considerable defect is felt in the Police of the Metropolis, from the +limited jurisdiction of the present Magistrates in every part of it, +and from the want of an Institution similar to that of the Police +Offices to be established in the City of London, as was originally +intended and proposed: that the delay which necessarily takes place in +obtaining the sanction of the local Magistracy in either case, to the +warrants of those presiding in other districts, operates in all cases +to the advantage of offenders against the Laws, and to the obstruction +of Public Justice: add to which, that the numerous and important +avocations, both public and private, of the truly respectable +Magistracy of the City, is too often inconsistent with that constant +and unremitting attention which the due preservation of the Police of +the Metropolis requires. That it would be unfortunate indeed if any +local jealousy founded upon no just grounds, though entertained by +honourable minds, should continue to deprive even the Inhabitants of +the City itself, as well as those of the rest of the Metropolis, of +that security which a more permanent attendance, and a perfect +intercommunity of Jurisdiction in Criminal matters between the +Magistrates of every part of the Metropolis, and of the five adjoining +Counties, could not fail to produce."--See p. 13, 28th Report, 26th of +June, 1798.] + +With the increase of those blessings which are supposed to arise from +a course of prosperity and wealth, there is generally an increase also +of _evils_ and _inconveniences_; and hence it is that while an influx +of riches preponderates in _one scale_, an augmentation of crimes acts +as a counterbalance in the _other_:--thus requiring the constant and +progressive application of such antidotes and remedies as will +preserve the _good_, while the _evil_ is diminished or kept within +bounds. + +It seems that the Metropolis is now in that situation where the active +and unceasing attention of Magistrates with salaries, has become +necessary to promote a vigorous and energetic execution of the Law, +for the general protection of property, and the safety of +individuals.[162] + +[Footnote 162: If this were the case, neither the Bank, nor the +avenues to every part of Cheapside, &c.[H] would be beset with gangs +of rogues and sharpers, both men and women, who support themselves +principally by the resource which the vast amount of moving property, +in money and portable goods, affords them, in this part of the +Metropolis; where, it appears, capital offenders are rarely detected; +since, at the Old Bailey, those convicted in the course of a year, +from the City and County, run in the proportion of about 1-7th part +for London, and 6-7th parts for Middlesex.[I]] + +[Footnote H: See p. 106.] + +[Footnote I: Vide Table, p. 429.] + +Contemplating the various existing evils detailed in this Work, and +which form so many prominent features of Police, requiring the +constant and watchful eye of the Magistrate, it seems clear to +demonstration, that unless official duties become the sole business +and pursuit of the parties engaged in them, the Public Interest must +suffer; and (although imperceptible in their progress), Crimes will +increase and multiply; at a time when the comfort, happiness and +security of Society, require that they should be diminished. + +In consequence also of the great accumulation of the Statute Laws, +requiring the attention of Justices in a vast number of instances, +which did not occur a century ago, their duty has so multiplied as to +require the _whole time_ of Magistrates acting in all great Societies; +an observation which applies not merely to the Metropolis, but to many +large Provincial Towns. It follows, therefore, almost as a matter of +course, that Stipendiary Justices have become indispensably +necessary.[163] + +[Footnote 163: In the measures finally proposed by the Finance +Committee, in the 9th Article (page 30), they recommend it to +Parliament, "That two additional Offices of Police should be +established in the City, consisting each of three Magistrates, to sit +at the Mansion-house, and at Guildhall, for the purpose of assisting +the Lord-Mayor and the Court of Aldermen: such Magistrates to be named +by the Lord-Mayor and Court of Aldermen; and paid out of the General +Funds arising from the proposed regulations; to sit permanently, as at +the other Offices, with Commissions from the Crown, extending over the +whole Metropolis, and the counties of Middlesex, Kent, Essex, and +Surry."] + +If men of business, integrity, and talents, could once be prevailed on +to accept of such employments, and execute the trust reposed in them +with zeal and attention to the public interest, and with firm and +independent minds, attached to no Party, infinite advantages must +result to the Community from their services.[164] + +[Footnote 164: A Police Magistrate has nothing to do with the politics +of the Country; and he is incapable, and unworthy of the trust reposed +in him, if he permits any bias, or influence, but that which is +immediately connected with a correct and chaste execution of the Laws, +to take hold of his mind.--It is only by this line of conduct, that he +can either render himself useful or respectable.] + +Where men of this description pledge themselves, as they must +necessarily do, to give up every other pursuit, assiduously and +constantly to execute the laborious duties of a Police Magistrate; +Justice also requires that the reward should be commensurate to the +sacrifices which are made. It is the interest of the Community that it +should be so: for in the present extended state of Commerce and +Society, no gratuitous System can ever be expected to answer any +purpose of real utility. + +While the higher order of Magistrates receive the just reward of their +useful labour, bestowed in the exercise of their functions in +promoting the public good--where can be the impropriety of extending +the same species of remuneration to inferior Magistrates; who must +devote even a greater portion of time and attention to the +multifarious duties assigned them? + +The office of _Assistant Magistrates_ in the City might be assigned to +six active and honourable men, who would give _their whole attention +to_ the criminal department of the Police. The proceedings of these +Magistrates should be sanctioned by the presence of the Aldermen, as +often as one or more could conveniently attend; on which occasions +they would necessarily preside, as holding within their own district, +the highest rank in the Magistracy. + +The difference in point of benefit to the Community between a _Mind_ +constantly occupied in objects of public utility, and that which is +only occasionally employed, is great beyond all possible +calculation.--Nor is the measure without precedent, even in the City +of London, since the Recorder may, in his high office, be fairly +considered in the light of a Magistrate with a salary. + +Ready on every occasion at their Sittings in the morning and evening, +to offer their advice or assistance to the labouring people, as well +as all ranks of the Community, who apply for it--to adjust their +differences, and to protect them against wrongs and oppressions: +prepared also, as a matter of business, to receive and follow up +informations where crimes have been committed, and never to lose sight +of the object while it is practicable to attain it; these Assistant +Magistrates would afford incalculable advantages to the City: which +would be still farther increased, if a System of co-operation of the +other Police Magistrates were established, upon a plan which would +unite their energy, and render their jurisdiction co-extensive. (See +_ante_ pages 419, 420). + +It is a well-known fact, that since the establishment of Police +Magistrates for Westminster, and the parts of Middlesex and Surry, +contiguous to the City of London, great benefits have been experienced +from the assistance and advice which have been afforded to the +indigent, and the ignorant. + +Many quarrels and little law-suits have been prevented, and +innumerable differences immediately reconciled without any expence. + +It is in this manner that Magistrates, acting up to the spirit of +their Public Duty, and bestowing their _whole_ attention upon whatever +relates to that duty, confer those obligations upon the Community +which no moderate remuneration can repay. + +The office of a Police Magistrate is not like other public +situations:--for the business is multifarious, seldom admits of any +recess or a vacation.--It is, or ought to be, _constant_, _laborious_, +and without _intermission_.[165] + +[Footnote 165: In the month of October, 1793, a respectable Committee, +representing the great body of the Manufacturers in Spitalfields, +waited on His Majesty's Principal Secretary of State for the Home +Department, with an Address of Thanks for the Establishment of the +Police System; the substance of which is as follows: + +"That it is the opinion of this Society, that great benefits have +arisen, with regard to the security of property, from the correct and +regular manner in which the judicial business has been conducted by +the Magistrates of Police; in consequence of whose vigilance and +attention, an effectual check has been given to a System of +depredation which heretofore occasioned a loss of many thousands per +annum to the Silk Manufacturers:"--And it was Resolved,--"That the +Thanks of this Society are due to the Right Honourable Henry Dundas, +one of His Majesty's Principal Secretaries of State; and also to Mr. +Burton, and the other Members of Parliament, who proposed and +supported the Police System, for the share they had in the +establishment of a judicial Tribunal, which has been found to extend, +to the Silk Manufacturers, many advantages in a just and proper +execution of the Laws which were not heretofore experienced."] + +But with all these advantages, even improved by competent funds +appropriated to the different Public Offices, still a _Centre-point_ +is wanted to connect the whole together, so as to invigorate and +strengthen every part, by a superintending Establishment, under the +immediate controul of the Secretary of State for the Home Department: +There, indeed, the constitutional superintendence of the Police of the +Metropolis, as well as of the whole country, rests at present; but +from the vast weight and increase of other Public Business, connected +with the general affairs of the State, foreign, colonial, and +domestic, it has been found impracticable to pursue that particular +System which has now become, more than ever, necessary for the +detection of criminals. It seems then, that in executing a task so +complicated and multifarious, a delegation of subordinate _Responsible +Management_ to a _Central Board of Police_ should be resorted to: as +the only means of giving strength, vigour, and energy to a System, +heretofore only partially useful; and which, in its present disjointed +state, is incapable of extending that Protection and Security, which +has been shewn in the course of this Work, to be so much wanted, and +so indispensably necessary. + +To understand the Police of the Metropolis to that extent which is +necessary to direct and superintend its general operations, it must be +acted upon _practically_; and those who undertake the _superintendence_ +and _management_ alluded to, must be men _able_, _intelligent_, +_prudent_, and _indefatigable_: devoting their whole attention to this +object alone. Clerks might be continually employed with great +advantage in entering and posting up under the proper heads, such new +information as should be obtained from day to day; and hours should be +appointed for receiving such intelligence from all proper and +well-informed persons, who might choose to offer the same; so far as +such information related to Public wrongs, and offences against the +peace, safety, and well-being of Society. + +Under such a System, with a proper power of remunerating Officers and +others, scarcely a _Robbery_, _Burglary_, _Larceny_, or _fraudulent +Transaction_, could be committed, where the perpetrators would not be +very speedily detected and brought to justice; for then the +Magistrates, in their respective districts, would be enabled to act +with confidence, vigour, and energy, in the discovery and apprehension +of offenders;--and the effect would be to excite a general terror in +the minds of every class of delinquents; which could not fail to +operate strongly as a means of preventing crimes, and improving the +morals and the happiness of the lower orders of the People. + +In addition to this these responsible Commissioners of Police might, +with great propriety, and with no little public utility, have +committed to them the superintendence of _all Receipts and +Disbursements of the accounts_, and of _all monies applicable to +objects of Police_: these they should lay annually before Parliament, +if required, accompanied by a General Report; that the Legislature, as +well as the Public at large, might see in what manner the funds had +been applied; and what progress had been made in the prevention of +crimes, and in restoring among the Labouring People that sense of +morality, which never, perhaps, was at a lower ebb than at present. + +The most enlightened Foreigners who have visited this Metropolis, and +contemplated the nature and organization of our Police System, join in +one general remark upon it; viz.--"_That we have some shadow of +Police, for apprehending Delinquents, after crimes are actually +committed; but none for the purpose of preventing them_."--This +certainly is, in one sense, literally true;--and from this source, +combined with the imperfection of the Criminal Code, have arisen all +those enormities and inconveniences already so amply detailed. + +Attached to the Laws and Government of his country, even to a degree +of enthusiasm, the Author of this Work will not be too prone to seek +for greater perfection in other nations: or to quote them as examples +to be imitated in the Metropolis of the British Empire; and still less +if such examples should tend, in the slightest degree, to abridge that +freedom which is the birth-right of every Briton. But as all true +liberty depends on those fences which are established in every +Country, for the protection of the Persons and Property of the People, +against every attack whatsoever: and as prejudices ought to be +banished from the mind in all discussions tending to promote the +General Weal, we ought not to be ashamed of borrowing good Systems +from other Nations; wherever such can be adopted, consistent with the +Constitution of the Country, and the Liberty of the Subject. + +In France, under the Old Government, how much soever many parts of the +System of that Country were justly reprobated, by all who were +acquainted with the blessings of Freedom, yet, in the management and +regulation of what was denominated _The Police_, there existed that +kind of Establishment, with regard to personal security, and +protection against the depredations of the most depraved part of the +community, which Englishmen have certainly never enjoyed; who, on the +contrary, have suffered manifold inconveniences from an idea, (surely +a very erroneous one,) "that we must endure these public wrongs, and +expose our property and lives to the attack of murderers, robbers, and +highwaymen, as the price of _Liberty_." + +When difficulties are felt, it is our duty to look at them +dispassionately; to face them with fortitude, and to discuss them with +intelligence--divested of all prejudices generated merely by habit and +education. By pursuing this mode of investigation, it will be +discovered that in other Governments there may be some Establishments +worthy of imitation; and which, perhaps, might in part be adopted, not +only in perfect consistency with the Freedom of the Subject; but with +the advantage of extending to the mass of the People, who are not in a +course of delinquency, more real liberty than they at present enjoy.-- + +At the commencement of the troubles in France, it is a curious fact, +that the Lieutenant-General of the National Police, as well as that of +the Metropolis, had upon his Registers the names of not less than +twenty thousand suspected and depraved characters, whose pursuits were +known to be of a criminal nature; yet, by making this part of Police +the immediate object of the close and uniform attention of one branch +of the Executive Government, Crimes were much less frequent than in +England; and the security extended to the Public, with regard to the +protection of Life and Property against lawless depredation, was +infinitely greater.--To elucidate this assertion, and to shew to what +a wonderful height the System had advanced, the Reader is referred to +the following Anecdotes; which were mentioned to the Author by a +Foreign Minister of great intelligence and information, who resided +some years at the Court of France. + +"A Merchant of high respectability in Bourdeaux had occasion to visit +the Metropolis upon commercial business, carrying with him bills and +money to a very large amount. + +"On his arrival at the gates of Paris, a genteel looking man opened +the door of his carriage, and addressed him to this effect:--_Sir, I +have been waiting for you some time; according to my notes, you were +to arrive at this hour; and your person, your carriage, and your +portmanteau, exactly answering the description I hold in my hand, you +will permit me to have the honour of conducting you to Monsieur De +Sartine._ + +"The Gentleman, astonished and alarmed at this interruption, and still +more so at hearing the name of the Lieutenant of the Police mentioned, +demanded to know what _Monsieur De Sartine_ wanted with him; adding, +at the same time, that he never had committed any offence against the +Laws, and that he could have no right to interrupt or detain him. + +"The Messenger declared himself perfectly ignorant of the cause of the +detention; stating, at the same time, that when he had conducted him +to _Monsieur De Sartine_, he should have executed his orders, which +were merely ministerial. + +"After some further explanations, the Gentleman permitted the Officer +to conduct him accordingly. _Monsieur De Sartine_ received him, with +great politeness; and after requesting him to be seated, to his great +astonishment, he described his portmanteau; and told him the exact sum +in bills and specie which he had brought with him to Paris, and where +he was to lodge, his usual time of going to bed, and a number of other +circumstances, which the Gentleman had conceived could only be known +to himself.--_Monsieur De Sartine_ having thus excited attention, put +this extraordinary question to him--_Sir, are you a man of +courage?_--The Gentleman, still more astonished at the singularity of +such an interrogatory, demanded the reason why he put such a strange +question, adding, at the same time, that no man ever doubted his +courage. _Monsieur De Sartine_ replied,--_Sir, you are to be robbed +and murdered this night!--If you are a man of courage, you must go to +your hotel, and retire to rest at the usual hour: but be careful that +you do not fall asleep; neither will it be proper for you to look +under the bed, or into any of the closets which are in your +bed-chamber_; (which he accurately described);--_you must place your +portmanteau in its usual situation, near your bed, and discover no +suspicion:--Leave what remains to me.--If, however, you do not feel +your courage sufficient to bear you out, I will procure a person who +shall personate you, and go to bed in your stead._ + +"The Gentleman being convinced, in the course of the conversation, +that _Monsieur de Sartine's_ intelligence was accurate in every +particular, he refused to be personated, and formed an immediate +resolution, literally, to follow the directions he had received: he +accordingly went to bed at his usual hour, which was eleven +o'clock.--At half past twelve (the time mentioned by _Monsieur De +Sartine_), the door of the bed-chamber burst open, and three men +entered with a _dark lantern_, _daggers_ and _pistols_.--The +Gentleman, who of course was awake, perceived one of them to be his +own servant.--They rifled his portmanteau, undisturbed, and settled +the plan of putting him to death.--The Gentleman, hearing all this, +and not knowing by what means he was to be rescued, it may naturally +be supposed, was under great perturbation of mind during such an awful +interval of suspense; when, at the moment the villains were preparing +to commit the horrid deed, four Police Officers, acting under _Mons. +De Sartine's_ orders, who were concealed under the bed, and in the +closet, rushed out and seized the offenders with the property in their +possession, and in the act of preparing to commit the murder. + +"The consequence was, that the perpetration of the atrocious deed was +prevented, and sufficient evidence obtained to convict the +offenders.--_Monsieur De Sartine's_ intelligence enabled him to +_prevent_ this horrid offence of robbery and murder; which, but for +the accuracy of the System, would probably have been carried into +execution." + +Another Anecdote, was mentioned to the Author by the same Minister, +relative to the Emperor Joseph the Second: "That Monarch, having, in +the year 1787, formed and promulgated a new Code of Laws relative to +criminal and civil offences;[166] and having also established what he +conceived to be the best System of Police in Europe, he could scarcely +ever forgive the French Nation, in consequence of the accuracy and +intelligence of _Mons. De Sartine_ having been found so much superior +to his own; notwithstanding the immense pains he had bestowed upon +that department of his Government. + +[Footnote 166: Vide page 63 & _seq._ of this Volume.] + +"A very notorious offender, who was a subject of the Emperor, and who +committed many atrocious acts of violence and depredation at Vienna, +was traced to Paris by the Police established by His Majesty, who +ordered his Ambassador at the Court of France to demand that this +delinquent should be delivered up to Public Justice. + +"_Mons. De Sartine_ acknowledged to the Imperial Ambassador, that the +person he inquired after had been in Paris;--that, if it would be any +satisfaction, he could inform him where he had lodged, and the +different gaming-tables, and other places of infamous resort, which he +frequented while there;--but that he was now gone.-- + +"The Ambassador, after stating the accuracy and correct mode by which +the Police of Vienna was conducted, insisted that this offender must +still be in Paris; otherwise the Emperor would not have commanded him +to make such an application. + +"_Monsieur de Sartine_ smiled at the incredulity of the Imperial +Minister, and made a reply to the following effect:-- + +"_Do me the honour, Sir, to inform the Emperor, your Master, that the +person he looks for left Paris on the 10th day of the last month; and +is now lodged in a back room looking into a garden in the third story +of a house, number 93, in ---- street, in his own Capital of Vienna; +where his Majesty will, by sending to the spot, be sure to find +him._-- + +"It was literally as the French Minister of Police had stated.--The +Emperor, to his astonishment, found the delinquent in the house and +apartment described; but he was greatly mortified at this proof of the +accuracy of the French Police; which, in this instance, in point of +intelligence _even in Vienna_, was discovered to be so much superior +to his own."-- + +The fact is, that the French System had arrived at the greatest degree +of perfection; and though not necessary, nor even proper, to be copied +as _a pattern_, might, nevertheless, furnish many useful hints, +calculated to improve the Police of this Metropolis, consistent with +the existing Laws; and even to extend and increase the Liberty of +Subject without taking one privilege away; or interfering in the +pursuits of any one class of individuals; except those employed in +purposes of _mischief_, _fraud_, and _criminality_. + +The situation of this Country, (indeed of every country in Europe,) +has changed materially since the dissolution of the ancient Government +of France.--The horde of sharpers and villains, who heretofore +resorted to Paris from every part of Europe, will now consider London +as their general and most productive theatre of action; for two +obvious reasons:--1st. Paris being exhausted of riches, its Nobility +banished, and the principal part of the active property there +annihilated, the former resources for the support of criminal and +depraved characters no longer exist; while that Metropolis holds out +no allurements similar to what were formerly experienced. 2dly. The +ignorance of the English language (a circumstance which formerly +afforded us some protection), will no longer be a bar to the resort of +the continental sharpers to the Metropolis of this kingdom. At no +period was it ever so generally understood by Foreigners; or the +French language so universally spoken, by at least the younger part of +the People of this Country.-- + +The spirit of gaming and dissipation which prevails in London, +promoted already in no inconsiderable degree by profligate characters +from the Continent, the opulence of the People, and the great mass of +active property in circulation, will afford a wide field for the +exercise of the invention and wits of that description of men, both +foreigners and natives, who infested Paris under the old Government, +and which rendered a more than ordinary attention to its Police +indispensably necessary.-- + +The termination of the present war will probably throw into this +country a vast number of idle, profligate, and depraved characters, +natives of this, as well as of other nations, who will require to be +narrowly watched by a vigilant and well-regulated Police. The +probability of such an accession to the numbers already engaged in +acts of delinquency, serves to establish new and incontrovertible +arguments in favour of the proposed _Board of Responsible +Commissioners_, for managing the affairs of the Police of the +Metropolis; to form a _Centre-point_, and to bind the System together. + +To be well prepared against every possible evil, is one great step +towards prevention; and among the many advantages already detailed, as +likely to result from a _Board of Police Revenue_, this would be none +of the least. + +In every view in which the subject can be considered, such a System, +strengthened by good and apposite Laws, could not fail to be +productive of vast benefits to the Community. _Petty Thefts_ affecting +all ranks who have any property to lose, and destroying the moral +principle, would be greatly abridged:--as would also the plunder from +vessels in the River Thames, as well as from the public Arsenals, +Dock-yards, and Ships of War. The more atrocious Crimes of Burglary +and Highway Robbery, would suffer a severe check, in the +embarrassments which would arise from the System of detections and +Rewards--from the restrictions proposed to be laid upon Receivers of +Stolen Goods; upon Night Coaches,--and from other regulations +applicable to those particular offences. A large proportion of the +_Coiners_, _Dealers_, and _Utterers of Base Money_, feeling the risk +of detection, as well as of punishment, greatly extended and +increased, would probably abandon the business as hazardous and +destructive. The completion of the General System would also, either +collaterally or immediately, reach the tribe of Cheats, Swindlers, and +Lottery Offenders, in such a manner as to occasion a considerable +reduction of their number, by narrowing the ground, and destroying the +resources by which they at present flourish. + +The establishment of such a System would be an immediate benefit to +every man of property, as an individual, independent of the Public at +large; but even in another point of view, it is doubly necessary at +this juncture, when new events are daily occurring, of a nature truly +interesting to the peace and well-being of Society, and to the +tranquillity of the State; rendering it more than ever necessary to +establish a System of unremitting vigilance. It is a fact well +established, that it was principally through the medium, and by the +assistance, of many of the twenty thousand miscreants who were +registered, previous to the anarchy of France, on the books of the +Lieutenant of Police, that the contending Factions in that distracted +country, were enabled to perpetrate those horrid massacres and acts of +atrocity, which have been beheld with detestation, abhorrence, and +astonishment, by every civilized nation in the world. + +Let it be recollected, at the same time, that Mankind, in a state of +depravity, arising from a long course of criminal turpitude, are +nearly alike in every country; and that it becomes us to look with a +jealous eye on the several thousand miscreants of the same description +which now infest London; for they too, upon any fatal emergency, +(which GOD forbid!) would be equally ready as their brethren in +iniquity were, in Paris, to repeat the same atrocities, if any +opportunity offered. + +As the effectuating such an object has become so great a +desideratum;--and as it is to confer those blessings which spring from +a well-regulated Police, calculated to extend a species of +protection[167] to the inhabitants of this great Metropolis, which +has never been heretofore experienced:--it can scarcely fail to be a +matter of general satisfaction to know that the Select Committee of +the House of Commons on Finance, have strongly recommended to +Parliament a System of Police, similar to that which had been +submitted to the consideration of the Public in the former editions of +this Work. + +[Footnote 167: In mentioning what regards the protection of the +Metropolis, with the inefficiency of the existing Civil Force in +Constables, it is impossible to overlook those eminent advantages +which have arisen from the excellent institutions of the Honourable +Artillery Company, the Light Horse Volunteers, and the other +associated Corps, who have so nobly stood forth in the hour of danger +to support the deficient Police of the Country. + +To these Patriotic individuals, the inhabitants of the Metropolis are +under infinite obligations. + +Regardless of their own _ease_, _convenience_, _interest_, or _personal +safety_, the members of these public-spirited associations have ever +stood forward in the hour of tumult and disorder gratuitously, and at +their own expence, for the protection of their Fellow-citizens, and +for the preservation of the Public peace. + +The assistance they have, on every occasion, afforded the civil power, +and the sacrifices of valuable time which they have made, at the risk +of health, and under circumstances where they were compelled to forego +that ease and comfort, which, in many instances, from their opulence +and rank in life, are attached to their particular situations--it is +to be hoped will never be forgotten by a grateful Public.] + +In order that improvements, sanctioned by such high authority, and the +adoption of which are so important to the best interests of Society, +may be fully explained and elucidated; a detail of the measures, which +have been recommended, with general observations on the proposed +System, are reserved for the ensuing Chapter. + + + + +CHAP. XVIII. + + _The System of Police recommended by the Select Committee on + Finance explained.--A proposition to consolidate the two + Boards of Hawkers and Pedlars, and Hackney Coaches, into a + Board of Police Revenue.--The whole Revenues of Police from + Fees, Penalties, and Licence Duties, to make a common + Fund.--Accounts to be audited.--Magistrates to distribute + small Rewards.--A power to the Board to make Bye-Laws.--A + concurrent jurisdiction recommended--also the Penitentiary + House for reforming Convicts.--Other measures proposed after + the Board is established--namely, a Public Prosecutor for + the Crown--A Register of Lodging Houses--The establishment + of a Police Gazette.--Two leading objects to be + attained--The prevention of Crimes: and raising a Revenue + for Police purposes.--The enumeration of the Dealers who are + proposed to be Licenced.--A General View of the annual + expence of the present Police System. Observations on the + effect of the System recommended by the Finance Committee, + with respect to the Morals and Finances of the + Country.--Suggestions respecting a chain of connection with + Magistrates in the Country, and the mode of effecting + it.--Licences to be granted by select Magistrates in the + Country, and by the Central Board in London and the + neighbourhood.--The Functions of the proposed Board + explained.--Specifications of the Trades to be regulated and + Licenced.--General Reflections on the advantages likely to + result from the adoption of the plan recommended by the + Finance Committee.--Concluding Observations._ + + +Impressed with a deep sense of the utility of investigating the nature +of the Police System, the Select Committee of the House of Commons on +Finance turned their attention to this, among many other important +objects in the Session of the year 1798; and, after a laborious +investigation which occupied several months, (during which period the +Author of this Treatise underwent several examinations),[168] they +made their _final Report_--in which, after stating it as their +opinion, "that the general tendency of our oeconomical arrangements +upon this subject is ill calculated to meet the accumulating burdens, +which are the infallible result of so much error in our System of +Police"--they recommended it to Parliament to reduce or consolidate +"the two offices of Hawkers and Pedlars, and Hackney Coaches, into a +Board of Police Revenue, under the direction of a competent number of +Commissioners, with such Salaries as should bid fair to engage +talents adequate to the situation, and as should be sufficient to +command the whole exertion of those talents.--That the Receiver of the +Police offices, should be the Receiver-General of the funds proposed +to be collected by this Board.--That the superintendence of aliens +should form a part of its business.--That the fees and penalties +received at the several offices of Police, together with the +Licence-duties and penalties, if any, which shall be in the collection +of this consolidated Board, shall make one common fund, out of which +all salaries and expences of the several offices of Police should be +defrayed, as well as all those of the Consolidated Board, and that all +payments whatever should be made by the Receiver, under the sanction +of this Board, subject to the approbation of the Lords Commissioners +of his Majesty's Treasury.--That the accounts of the Receiver should +be audited and signed by the Board before being delivered to the +Treasury, or the office for auditing accounts.--That the balances in +the hands of the Receiver, after retaining what may be sufficient for +current expences, should be paid into the Exchequer at frequent and +fixed periods.--That Magistrates of Police should be impowered to +distribute small rewards to Constables or others, for meritorious +services, to be paid by the Revenue, after receiving the sanction of +the Board: And further, that the Board should have power to make +Bye-laws, for the regulation of such Minor Objects of Police as +relate to the objects of their superintendence, and to the control of +all Coaches, Chairs, Carts, Barrows, and the conduct of all Coachmen, +Chairmen, Carters, &c. and the removal and prevention of annoyances, +and the correction of all offences against the cleanliness, the quiet, +and the free passage of the Streets of the Metropolis, similar to the +powers now possessed by the Commissioners of Hackney Coaches, and +subject in like manner to the approbation of the Superior Judges in +the Courts in Westminster-Hall."--The Committee further recommend that +two additional Police Offices should be established in the City of +London, consisting each of three Magistrates, to be named by the Lord +Mayor and Aldermen, and paid out of the General funds, and to have +Commissions from the Crown, extending over the whole Metropolis, and +the Counties of Middlesex, Kent, Essex, and Surry; and that the +Commissions of the Magistrates of the other eight Offices should +extend in like manner over the whole Metropolis, and the four +above-mentioned Counties.[169] And finally, the Committee recommend +that no time should be lost in carrying into effect the Plan and +Proposal of Jeremiah Bentham, Esq. for employing and reforming +Convicts, as a measure which bids fairer than any other that was +offered to the Public, to diminish the Public expenditure in this +branch, and to produce a salutary Reform in the object of the proposed +Institution. + +[Footnote 168: See Appendix to the 28th Report of the Committee.] + +[Footnote 169: It is not proposed in the Bill, now in preparation, +hereafter stated, to introduce any thing respecting the City of +London, unless the consent of the Lord-Mayor, Aldermen, and +Common-Council, shall be previously obtained.] + +Other measures are stated by this Committee as well calculated to +facilitate the means of detection and conviction of Offenders, and to +reduce the expence which is now borne by the Public, or sustained by +private Individuals, in the maintenance of a very inefficient Police; +while they seem calculated to lessen the growing Calendars of +Delinquency, but which may be better matured after the consolidation +of the Offices here proposed shall have taken place.--"Such as the +appointment of Counsel for the Crown, with moderate Salaries, to +conduct all Criminal Prosecutions, and rendering the Solicitor to the +Board useful, either in such Prosecutions as any of the Public +Officers might find it necessary to institute; or in such Criminal +Prosecutions at the suit of Individuals, as the Public Justice of the +Country should render expedient.--Such as a Register of Lodging-houses +in the Metropolis.--Such as the establishment of a Police Gazette, to +be circulated at a low price, and furnished gratis to all persons +under the superintendence of the Board; who shall pay a licence duty +to a certain amount: And such also as an Annual Report of the state of +the Police of the Country." + +In considering this Report in general, it is no slight gratification +to the Author of this Treatise, to discover that all the great +features of his original design for giving to Police its genuine +character, unmixed with those judicial Powers which lead to +punishment, and properly belong to Magistracy alone, have been +sanctioned by such high authority. + +In taking a general view not only of what is specifically recommended +by the Select Committee of the House of Commons; but also of the +Report itself, two leading objects appear to be in contemplation, +namely-- + + 1st. The prevention of crimes and misdemeanors, by bringing + under regulations a variety of dangerous and suspicious + trades;[170] the uncontrolled exercise of which by persons + of loose conduct, is known to contribute in a very high + degree to the concealment, and by that means to the + encouragement and multiplication of crimes. + + [Footnote 170: The Trades alluded to are these + following,--vide Appendix (C) 28th Report of Select + Committee of the House of Commons on Finance, page 45, 46, + and 47. + + _New Revenues._ + + 1. Wholesale and Retail Dealers in old Naval Stores, + Hand-stuff, and Rags. + + 2. Dealers in second-hand wearing Apparel, Stationary and + Itinerant. + + 3. Dealers in old Iron and other Metals, &c. + + 4. Founders and others using Crucibles. + + 5. Persons using Draught and Truck Carts for conveying + Stores, Rags, and Metals. + + 6. Persons Licenced to slaughter horses. + + 7. Persons keeping Livery Stables, and letting Horses for + hire. + + 8. Auctioneers, who hold periodical or diurnal Sales. + + _Existing Revenues proposed to be transferred with a view to + a more effectual control, and to an improved Finance._ + + 9. Hackney Coaches and Chairs. + + 10. Hawkers and Pedlars. + + 11. Pawn Brokers. + + 12. Dealers in Horses. + + N.B. The new Revenues are Estimated to yield L.64,000 + The increase of the existing Revenues is stated at 19,467 + -------- + L.83,467 + --------] + + 2d. To raise a moderate Revenue for Police purposes from the + persons who shall be thus controlled, by means of Licence + Duties, and otherwise so modified as not to operate as a + material burden; while a confident hope is entertained, that + the amount of this revenue will go a considerable length in + relieving the finances of the country, of the expences at + present incurred for objects of Police, and that, in the + effect of the general System, a considerable saving will + arise, in consequence of the expected diminution of crimes, + particularly as the chief part of the expence appears to + arise after delinquents are convicted.[171] + +[Footnote 171: The amount of the general expence of the Criminal +Police of the Kingdom as stated by the Committee on Finance in their +28th Report is as follows: + + 1st. The annual average of the total expence + of the Seven Public Offices in the Metropolis, + from the institution in August + 1792 to the end of the year 1797, being + a period of 5-1/2 years L.18,281 18 6 + + 2d. The total expence of the Office at Bow-street, + in the year 1797, including remunerations + to the Magistrates in lieu + of fees, perquisites, and special services, + and the expence of the patrole of 68 + persons 7,901 7 7 + ------------- + Total expence for the Metropolis 26,183 6 1 + + 3d. The money paid to the several Sheriffs for + the conviction of Felons in 1797 9,650 0 0 + + 4th. The expence of maintaining + Convicts on board + the Hulks, (exclusive + of 415 under Sentence + of Transportation in + the different gaols), + amounted in 1797 to L.32,080 0 0 + + 5th. The expences incurred in + the employment of + Convicts by the Navy + and Ordnance Boards, + probably amounting to + not less than from 10_l._ + to 20_l._ per Man per + annum, were by computation 1,498 14 10-1/4 + + 6th. The annual average of + cloathing, victualling, + and transporting Convicts, + and of the Civil, + Military, and Marine + Departments of New + South Wales, and Norfolk + Island, from 1786 + to 1797 86,457 12 11-1/2 + ---------------- + 120,036 7 9-3/4 + ----------------- + 155,869 13 10-3/4 + To which add the farther sums + annually charged on the + County Rates, or incurred + in places having peculiar + Jurisdiction in England 50,000 0 0 + + Borne by the Sheriffs in + England 10,000 0 0 60,000 0 0 + ----------------- ----------------- + Total for all England 215,869 13 10-3/4] + +By the consolidation of the two Boards of Hackney Coaches, and Hawkers +and Pedlars, the functions of the Commissioners will become very +extensive and laborious, since in addition to the inspection and +control of the different suspicious trades proposed to be licenced, it +will be useful to the Public, and, indeed, the System will be +incomplete, unless they not only keep constantly in their view the +general Calendar of delinquency; but also carry into effect such plans +as, on mature deliberation, and (many will unquestionably be +found practicable), shall, in a great measure, prevent the +terror--dangers--losses and inconveniences which arise from foot-pad +and highway robberies, burglaries, and other atrocious offences, +which are so prevalent in and near the Metropolis at present.--This +duty will naturally attach to the Central Board, and which the +Commissioners, (from the accurate information their situation will +enable them to procure, and the Civil Force they may have at their +disposal,) will be well qualified to execute with advantage to the +Community; and while competent pecuniary resources will arise from the +Licence Duties imposed, aided by legislative regulations, applicable +to this, and other objects tending to the general prevention of +Crimes, blame may fairly be imputed wherever a considerable degree of +success is not manifest, by the gradual diminution of the more +atrocious, as well as the minor offences. + +The Select Committee of the House of Commons having stated it as their +opinion, that the principle upon which the plan which has been brought +under their review is founded, "_if liable to no error; and that +supposing it faithfully executed it gives the fairest prospect of +success_:" the Public will naturally become anxious for an enjoyment +of the benefits which may be expected to result from its adoption. + +As its leading feature is the security of the _rights of the +innocent_, with respect to their Life, Property, and Convenience, the +measures of this board must, in a peculiar degree, be directed with +prudence and discretion to this particular object. This will be +effected not only by increasing the difficulty of perpetrating +offences, through a control over those Trades by which they are +facilitated and promoted, but also by adding to the risk of detection, +by a more prompt and certain mode of discovery wherever crimes are +committed. Thus must the idle and profligate be compelled to assist +the State, by resorting to habits of industry, while the more +incorrigible delinquents will be intimidated and deterred from +pursuing a course of turpitude and criminality, which the energy of +the Police will render too hazardous and unprofitable to be followed +up as a trade; and the regular accession of numbers to recruit and +strengthen the hordes of criminal delinquents, who at present afflict +Society, will be in a great measure prevented. + +These objects (in the opinion of the Select Committee) are to be +attained by the establishment of a _Central Board of Police Revenue_; +the views of the Members of which should be directed to the means of +adding "Security to the Person and Property of the peaceful Subject; +the Morals of the People, and the general Finances of the Country; by +those powers of action which are likely to operate most beneficially +towards the prevention of Crimes." + +To accomplish these purposes it would seem, (after mature +deliberation), to be necessary not only to extend the Licensing System +over the whole Kingdom; but also to form _a chain of connection_ +between the Central Board, and every district of the Country, with a +view as well to a more effectual Control ever those suspicious +Traders, who are to become immediate objects of attention on the part +of the Police, as to establish a more correct and certain mode of +collecting the proposed Revenue. + +This chain of connection would appear to be only attainable through +the medium of Select local Magistrates,[172] to whom a certain degree +of responsibility would attach, and who by means of Stationary +Surveyors, (being Constables), appointed by themselves, and under +their immediate Control, would be enabled to superintend the +collection of the Licence Duties, and in a particular manner to +inspect into, and regulate the general Police of the District, while +in conjunction with other Justices in the division, they granted the +Annual Licences to the different Dealers upon the same plan which is +at present pursued with respect to Alehouses. + +[Footnote 172: It is presumed, that the distinction of _Select +Magistrates_, joined to the patronage arising from the appointment of +inferior Officers of Police in the respective Districts of the +Country, (as Surveyors and Collectors of Licence Duties), would be +considered as a sufficient inducement to men of Property, talents, and +respectability, to undertake this very honourable Trust: to which it +may reasonably be hoped, that many would be stimulated, in a +particular degree, by the impulses of patriotism, and a desire to +introduce a correct and improved System of Police in their respective +Districts.] + +From this general rule, however, on account of the peculiar situation +of the Metropolis, a deviation might be necessary and useful to the +Public. It would, therefore, seem that the Dealers resident within a +certain distance round the Metropolis, should receive their Licences +from the Central Board, and be immediately under its control.--The +advantages resulting from this arrangement are obvious.--The chief +part of the Receivers, and Criminal Dealers, who contribute in so +great a degree to the increase and concealment of the numerous +offences, which are committed in and near the Metropolis, require that +the superintendance should not be divided, but that it should be +confined entirely to the Board, where all intelligence is supposed to +center; and whose peculiar duty it will be to watch the progress of +Crimes in all their ramifications, and to adopt measures for +preventing the growing corruption of Morals, by which every species of +delinquency is generated. + +For the purpose therefore of compassing this and every other object in +the view of the Select Committee, it is suggested that the proposed +Board should be authorized to exercise the following + + FUNCTIONS: + + I. To manage that branch of the Police which relates to + Hackney Coaches and Chairs.--To enforce strictly the laws + now in being for the better ordering this system so + necessary to the comfort and convenience of the + Metropolis.--To obtain new powers (where wanting) to compel + a greater degree of cleanliness and security, with respect + to these vehicles.--To banish, if possible, from the + fraternity those criminal characters denominated _Flash + Coachmen_, and to secure civility, and prevent + imposition.--For this last purpose a department should be + continued, as at present, (a part of the Institution,) + having a concurrent jurisdiction with other Magistrates, for + the purpose of hearing and determining disputes between + Coachmen and the Public. + + II. To execute the laws relative to Hawkers and Pedlars.--To + regulate and improve the System respecting this suspicious + class of Dealers, and more effectually to extend the control + over them by means of the Select Magistrates in each + District of the Country where they travel, for the purpose + of more narrowly watching their conduct. + + III. To grant Licenses in the Town District (_i.e._ within + the limits of the Penny-Post, while the Select and other + Justices grant similar Licences in the Country;) under the + authority of the proposed general Police Bill, to the + following Traders, and others,[173] viz. + + [Footnote 173: Nothing can exceed the pains and labour which + have been bestowed in settling the description of the + persons, proposed to be licenced, with a view to an accurate + system of Legislation. A regard to this accuracy made it + necessary to abandon [Transcriber's Note: blank in original; + probably 'two'] classes recommended by the proposer to the + Select Committee; because on attempting to frame a Bill, it + was found impracticable in one case, and impolitic in + another, to apply Legislative rules that would not either be + defeated or invade the privileges of innocence.[J]] + + [Footnote J: Persons keeping Crucibles, and Auctioneers.] + + 1st. Purchasers of second-hand, and other Household goods, + for Sale. + + 2d. Wholesale purchasers of Rags, and unserviceable Cordage, + for Sale to Paper-makers. + + 3d. Retail Purchasers of Rags, and unserviceable Cordage, + for Sale to Paper-makers. + + 4th. Purchasers of second-hand Apparel, made-up Piece-Goods, + and Remnants for Sale. + + 5th. Walking or Itinerant Purchasers of second-hand Apparel, + made-up Piece-goods, and Remnants for Sale. + + 6th. Purchasers of second-hand Naval Stores, for Sale. + + 7th. Wholesale Purchasers of second-hand Metals, for Sale. + + 8th. Retail Purchasers of second-hand Metals, of persons in + general, for working up. + + 9th. Every Worker of second-hand Metals purchasing the same, + from persons in general, and not from Licensed Dealers. + + 10th. Purchasers of second-hand Building Materials for Sale. + + 11th. Persons keeping Draught-Carts for second-hand goods, + purchased for Sale. + + 12th. Persons keeping Hand or Truck Carts for second-hand + goods, purchased for Sale. + + 13th. Sellers of Unredeemed Pledges, otherwise than by + Auction: and also to control and inspect the conduct of + these dealers, so as if possible to confine them to the + innocent part of their Trades; and to collect and receive + the respective Licence Duties.[174] + + [Footnote 174: If Twine Spinners and Rope Spinners of a + certain class could be brought under similar regulations, it + would prove extremely beneficial, inasmuch as the small + Manufacturers in this line are known to give considerable + facilities to the Stealers of Hemp on the River Thames.--A + number of small Rope and Twine Manufacturers have undersold + the fair trader, by working up Stolen Hemp, purchased at + half price; and it is but too evident from discoveries which + have recently been made, that this evil has gone to a very + great extent, and that considerable benefits would be + derived to the Public, by placing _Twine and White Rope + Spinners_ under the control of the Police, at least within + the proposed District of the Metropolis.] + + IV. To grant Licences also in like manner to other Traders, + which are already under some degree of Legislative + regulations; (but which require a more efficient Control), + provided it shall be thought expedient by the Legislature to + transfer these branches to the proposed Board, as requiring + in a particular degree the superintendance of the Policy + System, viz. + + 1st. Pawnbrokers in Town and Country. + + 2d. Persons keeping Slaughtering-houses for Horses, and + other Animals, not for the food of Man. + + 3d. Dealers in Horses, and persons hiring, keeping at + Livery, and transferring Horses from hand to hand, with a + view to establish a check against Highway Robberies, and to + defeat those subtle tricks which prevail in the Sale of + Horses. + + And also to collect the Licence and other Duties, (which + might, in respect to the transfer of Horses, be rendered + extremely productive without being felt as a burden), and to + inspect the conduct of these classes with a view to the + prevention of Frauds, and other offences. + + V. To grant Licences in like manner to all persons (except + those employed in his Majesty's Mints), who shall erect or + set up any cutting Engine for cutting round Blanks by the + force of a Screw; or any Stamping Press, Fly, Rolling Mill, + or other instrument for Stamping, flatting, or marking + Metals, or Bank Notes; or which, with the assistance of any + Matrix, Stamp, Die, or Plate, will stamp Coins or Notes--so + as to prevent the enormous evils constantly experienced by + the Coinage of Base Money, and the counterfeiting of Bank + Notes:--A System whereby the criminal part of ingenious + Artists could be kept under the immediate view of the + Police, is so obvious in a Commercial Country, as to require + no elucidation. And the measure is the more desirable, as + the reputable part of the Artists and Manufacturers who have + occasion to keep Presses for innocent and useful purposes, + have no objection to such regulations.[175] + + [Footnote 175: See the Chapter on the subject of Base Coin, + in this _Treatise_; and the remedies ultimately proposed for + suppressing this enormous evil.--The Author has great + satisfaction in stating that a Bill is now nearly prepared, + grounded chiefly on his suggestions, for improving the + Coinage Laws; and that sanguine hopes are entertained of its + passing during the present Session of Parliament.--The + proposition now made of bringing this feature of Police, so + far as relates to _Presses_, and other _Machinery_, under + the inspection of the proposed _Central Board_, will + certainly have a powerful effect in deterring evil-minded + persons from following the Trade of Coiners of Base Money, + or Engravers and Stampers of forged Bank Notes.--In this + kind of Control, the Police Revenue Board would have an + advantage arising from the nature of the System, which may + be considered as _invaluable in a national point of view_, + since no part of the Country, however remote, could be said + to be out of their reach, as Officers, under their immediate + direction, would be found every where.] + + VI. These Commissioners, after deducting the necessary + expences, should pay into the Exchequer weekly, through the + medium of a Receiver, the whole Revenues collected by them + for Police purposes; and it is to be hoped, notwithstanding + the very low Rates of the Licence Duties proposed, that, + _including the Horse Police_, the aggregate Collection would + go very far towards easing the resources of the Country of + the expence of what the Select Committee of the House of + Commons denominate, _a very inefficient System of + Police_.[176] + + [Footnote 176: From an estimate which has been made, the + three Classes mentioned in division IV. might be made to + produce above 100,000_l._ for Police purposes, in addition + to what is received at present from Pawnbrokers, and Horse + Dealers.--The chief part would arise from the transfer of + Horses.] + + VII. It would be the duty of the Commissioners to + superintend, with great strictness, the conduct of their + Subordinate Officers, both in the Town and Country + Districts, and to be careful that those who were entrusted + with the collection of the Licence Duties gave proper + Security;[177] and that in their conduct, in Surveying and + Watching the Movements of the different Dealers, they + manifested the greatest degree of vigilance, prudence, and + discretion.--Above all, that they were regular in their + Payments, and remittances, so as not to incur the penalties + inflicted by the proposed Act on defaulters. + + [Footnote 177: The most oeconomical mode would, + apparently, be to consolidate in one person the office of + _Constable_ and _Collector of the Licence Duties_ in the + respective Districts; having it understood that the poundage + received on the money paid to the Board, should not only be + considered as a remuneration for the Collection, but also as + a reward for occasional Services in the general Police + Department.--By such an arrangement, a chain of Select and + reputable Officers may be established all over the Country, + without being felt as a burden of any kind on the Community; + while those Services under the general arrangements of the + Board, could not fail to be productive of infinite benefits + in the well-ordering of Society.] + + VIII. To correspond with the Select Magistrates in every + District in the Kingdom, and not only to receive from them + useful information, relative to offences which have been + committed, and all other matters within the scope of the + Functions of these Select Magistrates; but also to give them + their advice and assistance in every case where it is found + necessary, for the purpose of the preservation of peace and + good order, and the due administration of the Laws; and + particularly as it may apply to those Select Magistrates + who reside near the Sea-Coasts of the Kingdom, that in all + cases of Shipwreck, measures may be pursued, and the laws + enforced, to prevent those horrid barbarities, pillage and + spoliation, which have, to the disgrace of civilized + Society, prevailed on such melancholy occasions.[178] + + [Footnote 178: The Registers of our Courts of Record, and + other well-attested accounts, have developed scenes of + unfeeling Cruelty and Rapacity, in cases of Shipwrecks, + which would have disgraced the rudest and most ferocious + Savages, and would lead a Stranger to suppose that we have + no Laws for the prevention of such outrages.] + + IX. To make arrangements with the Select Magistrates in the + Country, relative to the due execution of the proposed + General Police Act, with respect to the Control over the + persons Licenced, and all other Duties which may be required + under such a Legislative System. + + X. To obtain accurate Information, by means of regular + returns from Clerks of Assize, Clerks of the Peace, Keepers + of Prisons, Houses of Correction, Penitentiary Houses, and + other places of Confinement; and to have constantly in view + the state of delinquency in the Metropolis, and in every + part of the country; preserving such accounts in registers + for the purpose of reference, as occasions might arise to + render them useful to public Justice.--To assist the acting + Magistrates in Town and Country by conveying all useful + information applicable to their local situations, + respecting the commission of crimes, and the detection of + offenders, and which might tend to the prevention of + disorders, or offences meditated against the Laws. + + XI. To watch the proceedings of the herds of criminal + delinquents who generally leave Town every year in the month + of March, after the drawing of the English Lottery, for the + purpose of attending _fairs_, _races_, and other places of + amusement and dissipation in the country, carrying with them + quantities of _base Money, and EO Tables_, with a view to + commit frauds on the unwary--And to give notice to the + Select local Magistrates, that they and their officers may + be upon their guard in defeating the nefarious designs of + these miscreants, who are often disguised as farmers and + labourers, the better to enable them to effect their + purposes, by cheating and stealing, particularly _horses_, + to the great loss and injury of the country. + + XII. It is recommended by the Select Committee of the House + of Commons, that the Commissioners of this Central Board + should have it in their power to distribute rewards to + Constables or others for meritorious services, through the + medium of the Magistrates of Police, and to use such other + means as should best promote the ends of Justice, and the + general utility of the Institution to the community. + + XIII. Under the direction of the principal Secretary of + State for the Home Department, these Commissioners should + avail themselves of the knowledge their situation would + afford them of the degree of depravity and danger attached + to the character of the different convicts; to select such + as they thought proper objects for transportation to New + South Wales; and to follow any other instructions they may + receive for oeconomizing this branch of the criminal + Police of the nation, so as, if possible, to reduce the + annual expence. + + XIV. These Commissioners being authorized by the Lords of + the Treasury, might take under their management all matters + relative to the Lottery; not only with a view to a more + oeconomical mode of drawing the same, but also for the + purpose of rendering the Revenue productive to the State, + without the evil consequences which at present arise from it + to the morals of the lower orders of the people, and the + distresses and miseries to which its fascinating delusions + subject them. + + XV. It would be the duty of the Board, availing itself of + the practical knowledge which may be obtained by means of a + System of general superintendence in the Police Department, + to attend closely to the operation of the whole of the + present code of penal Laws, with respect to its efficacy and + utility; and where imperfections are discovered, to suggest + from time to time such improvements as may appear useful and + beneficial to the Police, and to the Revenue. + + XVI. The Select Committee in their Report recommend, that + the proposed Board should have power "to make Bye-Laws for + the regulation of such minor objects of Police as relate to + the objects of their superintendence, and to the control of + all Coaches, Chairs, Carts, Barrows, and the conduct of all + Coachmen and Chairmen, Carters, &c. and the removal and + prevention of all annoyances, and the correction of all + offences against the cleanliness and quiet, and the free + passage of the streets of the Metropolis, in like manner as + is now possessed, by the Commissioners of Hackney Coaches, + and subject to the approbation of the Superior Judges." + + XVII. To superintend the general receipts and disbursements + of the Establishment, and to report the same quarterly to + the Treasury, and to the principal Secretary of State for + the Home Department. + + XVIII. To receive and execute the instructions of the + Treasury in all matters respecting Finance and Revenue; and + the instructions and directions of His Majesty's Secretary + of State for the Home Department in all matters of Police. + + XIX. To establish a more correct System through the medium + of the Select Magistrates, whereby the Laws for the + prevention and punishment of offences may be more + effectually and universally carried into execution, and not + in many instances remain a dead letter, as at present, to + the great injury of the community; or be partially carried + into effect in particular parts of the country, against a + few individuals, or for mere temporary purposes. + + XX. Finally, it will be the duty of the Board to report to + his Majesty in Council, and to Parliament (if required) the + State of the Metropolis and the Country, with respect to + criminal _Police_ in all its branches, so as to bring under + the review of the Executive Government _the whole + criminality of the Country_, at a given period each year, + where it will be accurately discovered whether it increases + or diminishes. + +Such are the functions apparently necessary to be assigned to the +proposed Board of Commissioners, for the purpose of accomplishing the +objects of improvement in the Police System, which have been +recommended to Parliament by the Select Committee. + +These objects are of too much importance to the Public, to the +Security of the State, and to the peace and good order of Society, to +be lost sight of, even for one moment. + +While the morals and habits of the lower ranks in Society are growing +progressively worse and worse--while the innocent and useful part of +the Community are daily suffering evils and inconveniences originating +from this source--while crimes multiply in all instances under the +existing systems, (the Thames Police only excepted[179]) it becomes of +importance to apply a remedy. In legislating with this view, the same +disadvantages and difficulties do not present themselves as in many +other cases, since much previous labour and investigation has been +bestowed in forming a ground-work for the proposed General Police +System. + +[Footnote 179: Nothing can be offered as a more irrefragable proof of +the utility of a Police Institution, such as has been recommended by +the Select Committee on Finance, than the effect of the Marine Police +Establishment upon the River Thames; where, in spite of a crippled +System, and deficient Laws, the energy of the superintendence, and the +strength of the Civil force, has, at a very trifling expence, applied +with strict oeconomy, worked such a change in the Port of London, +both with respect to the security of commercial property, and the +Revenue, as would scarcely have been conceived possible. For an +Account of this System, see the 8th Chapter of this Work: but for a +more enlarged and comprehensive view of the nature and effect of the +design, recourse must be had to the Author's _Treatise on the Commerce +and Police of the River Thames, &c._ now in the press; in which the +whole plan is developed, together with the Legislative System +necessary to give permanent effect to the design.] + +Under the Sanction of his Majesty's Principal Secretary of State for +the Home Department, a Bill has been prepared, in which, while every +attention has been paid to the means of accomplishing the views of the +Select Committee, nothing can exceed the pains which have been +bestowed _in preserving the rights of innocence, and in divesting +power of the faculty of abuse_. + +A line has been carefully drawn between the _noxious_ and the +_blameless_ and useful part of the community; and while the injuries +arising from the pursuits of the former are checked and restrained, +the privileges of the latter are extended and enlarged. This, when +properly contemplated, will be found to be the _true essence of good +Police_--and this explains in the shortest compass that is possible, +the _ultimate object of the design_. + +The Bill comprehends five divisions:--The _first_ authorizes _the +imposition of Licence Duties on certain classes of Dealers already +enumerated_:--The _second_ establishes a _Board of Police Revenue, and +explains its powers and functions_:--The _third_ explains _the powers +and regulations which apply to the Licensing System_:--The _fourth_ +relates to _penalties_ and _procedure_: and the _fifth_ transfers the +functions of _the Commissioners of Hackney Coaches and Chairs, and +Hawkers and Pedlars, to the new Establishment, and makes provision for +such Officers as may cease to be employed_.--While the proposed +duties, although light upon the individuals, promise to be productive +to a certain extent; the Licensing System is likely "to purge the +occupations placed under control from the imputations which are now +but too deservedly cast upon them; and to make them by gradual steps +the instruments of detection, instead of the means of concealment, of +every species of fraud and violence."[180] + +[Footnote 180: See the 28th Report of the Select Committee, page 4.] + +The functions of the Board, by comprehending whatever relates to the +delinquency of the country, will establish a general responsibility +which does not now exist, and which never has existed, with respect to +the evils arising from the multiplication of crimes, while their +diminution will depend on the zeal, ability, and discretion to be +manifested by those to whom this important duty may be assigned. + +By this establishment of a general Police System, will it become the +duty of one class of men to watch over the general delinquency of the +Metropolis, and the country;--to check its progress by lessening the +resources of the evil disposed to do injuries, and to commit acts of +violence on the peaceful subject; and gradually to lead the +_criminal_, _the idle_, and _the dissolute_ members of the community +into the paths of innocence and industry. + +The collateral aids to be derived from this System of Control over +Dealers and others of loose conduct, in pursuit of evil courses, will +give considerable strength to the Legislative measures which are in +contemplation, with respect to the _Police of the River Thames_: _The +frauds and plunder in the Naval and other public departments_:--_The +Coinage of base Money_, and the _fabrication of counterfeit Bank +Notes_.--Whatever has been contemplated for the purpose of checking +and preventing these evils cannot be complete or effectual, until the +proposed Board is established, and the Licensing System in full +action. The control of this Board is absolutely necessary to +contribute to the success of the measures proposed, and to the +security of public and private property against the present extensive +depredations. In fact the whole System is linked together, and its +energy and success will depend on the passing of the respective Laws +applicable to each object of which the Police Board may not +improperly be denominated _the key-stone_. + +It is this responsible superintendance which is to give _life_, +_vigour_, and _effect_, not only to the Laws which are in +contemplation, but to many other excellent Statutes which remain at +present as _a dead letter_.--Let it once become the duty of one body +of men to charge themselves with the execution of the Laws for the +prevention of crimes, and the detection of offences--let them be armed +with proper and apposite powers for that purpose, and the state of +Society will speedily become ameliorated and improved; a greater +degree of security will be extended to the peaceful subject, and the +blessings of civil liberty will be enlarged. + +A new aera in the world seems to have commenced, which imperiously +calls for the adoption of such measures; not only in this country, but +all over Europe. The evil propensities incident to human nature appear +no longer restrained by the force of religion, or the influence of the +moral principle.--On these barriers powerful attacks have been made, +which have hitherto operated as curbs to the unruly passions peculiar +to vulgar life: they must therefore be strengthened by supports more +immediately applicable to the object of preserving peace and good +order. + +The period is approaching when to the phalanx of delinquents who at +present prey upon Society, will be added multitudes of idle and +depraved characters discharged from the Army and Navy on the return +of Peace.--Policy and humanity require that an adequate remedy should +be provided for such a contingency.--_Qui non vetat peccare cum +possit, jubet._ Where the powers of a State are not employed to avert +apparent and threatened evils, a tacit assent is given to the +commission of crimes. On the contrary, where means are used to check +the progress of turpitude and vice, and to compel obedience to the +Laws, the comfort of Society is promoted, and the privileges of +innocence are secured. + +If in the accomplishment of the design which has been recommended by +the highest authority, these objects shall be gradually attained--If +it shall operate in preventing acts of violence and fraud from being +committed upon the peaceful subject; while means are discovered +through the medium of a well-regulated Police, whereby the +unfortunate, and even the idle and the dissolute, may possess a +resource for subsistence by honest industry, without having any +pretended plea of necessity for resorting to Crimes; great, indeed, +would be the benefits which would result to the Public. This would be +at once the triumph both of reason and humanity. + +The first step is, to attend to the Morals and the Habits of the +rising Generation; to adapt the Laws more particularly to the manners +of the People, by minutely examining the state of Society, so as to +lead the inferior orders, as it were, insensibly into better Habits, +by gentle restraints upon those propensities which terminate in +Idleness and Debauchery;--to remove temptations, in their nature +productive of evil, and to establish incitements to good and useful +pursuits. + +Among a variety of other Functions which would devolve on the proposed +Commissioners, perhaps one might be to offer suggestions to the +Executive Government, with respect to such useful Regulations as might +arise from the extensive knowledge which they must necessarily acquire +as to the condition and pursuits of the labouring People; and hence +would result one of the greatest means of preventing Crimes, and +improving the Condition of human Life. + +But while it is acknowledged to be a vain hope to reduce the +tumultuous passions of Men to absolute regularity, so as to render the +Commission of offences impracticable; it is equally clear (and it is +even proved by the State of Society, where Public Morals have been +more effectually guarded,) that it is possible to diminish the Evil +very considerably. + +By the establishment of a well-conducted Board of Police, a confident +hope is entertained that this purpose is attainable; and in this view +(although it is to take nothing from the present Resources of the +State), it is a blessing to the Nation, which could scarce be too +dearly purchased at any price. + + + + +CHAP. XIX. + + _The unparalleled Extent and Opulence of the Metropolis, + manifested in the number of streets, lanes, alleys, courts, + and squares, estimated at above 8000;--containing above 4000 + Churches and Places for religious Worship,--more than 400 + Seminaries of Education;--several Institutions for promoting + Religion and Morality;--11 Societies for promoting Learning, + and the useful and the fine Arts;--a great number of + charitable Asylums for the indigent and forlorn;--Hospitals + and Dispensaries for the lame, sick, and diseased;--and + above 1700 Institutions of various other kinds for + Charitable and Humane Purposes.--A detail of the Courts of + Law, and other Establishments connected with the + distribution of Justice.--The public Prisons in the + Metropolis.--A View of the number of Persons employed in the + different departments of the Law, estimated in all at about + 7000.--Suggestions for improving the civil Jurisprudence in + the Metropolis, so far as relates to the recovery of small + Debts.--The Evils arising from the present System, + exemplified in the multiplicity of actions for trivial sums + in the course of a year; the enormous expence, and the ill + effects of the severity of the punishment in such cases; + debasing the mind, and proving the destruction of many + families, in their morals; and injuring the State.--The + necessity of an Alteration of the System, farther enforced + by the propriety of relieving the supreme Judges from a + weight of labour unreasonable in the vast increase of + business, which the extensive and growing intercourse of + Commerce occasions.--The same Observations extended to the + great Officers of State; and the necessity and utility of a + division of labour, in proportion to the increase of public + duty, explained; as a means of preventing inconveniences.--A + view of the Municipal Regulations which have been + established in the Metropolis for the accommodation and + convenience of the inhabitants; grounded on various acts of + the Legislature, passed at different periods, during the + last and the present century.--Each district of the + Metropolis a separate Municipality; where the power of + assessing the inhabitants for the purposes of paving, + watching, lighting, cleansing, and removing nuisances, is + placed in the hands of Trustees, under a great number of + local acts of Parliament.--These regulations mostly founded + on Laws made in the last and in the present Reign.--The + principal public acts detailed, viz:--The General Act of the + 2d William and Mary, cap. 8, for paving the Metropolis;--the + 10th Geo. II. cap. 22, for watching the City of London; 11th + Geo. III. cap. 29, for removing signs, and establishing a + complete System of Municipal Police.--The Acts relative to + Westminster and Southwark for similar purposes.--The + Statutes relative to Common Sewers detailed; their origin, + and the great advantages resulting from them.--The Laws + relative to Hackney Coaches and Chairs--also to Carts and + other Carriages.--The Acts relative to Watermen on the + Thames.--The Law for restraining bullock-hunting. And + finally, the Regulations by the 14th Geo. III. cap. 78, + relative to the Mode of building Houses, and the Rules laid + down for extinguishing Fires. Concluding Observations, on + the advantages which would result to the Metropolis at large + from these numerous Acts of Parliament being rendered + uniform, and conformable to the excellent Regulations + established for the City of London.--The advantages of + simplifying the System.--The burden upon the Inhabitants + equal to one million a year for the expence of Municipal + Police.--Suggestions for improving the System and reducing + this expence.--Concluding Reflections.--The present epoch, + more than any other, presses for arrangements calculated to + amend the Morals of the People, by improving the Laws of the + Country._ + + +It cannot fail to prove an interesting inquiry, not only to the +inhabitants of the Metropolis, but also to Strangers, by what means +that department of its oeconomy and government, which may be +denominated _Municipal Police_, is regulated; so as to convey the +comforts, and procure the various accommodations and conveniences +which, with some few exceptions, are felt to exist in every part of +the Capital and its environs. + +When it is known that this great City, (unparalleled, as will be +hereafter shewn, in extent and opulence, through the whole habitable +Globe,) comprehends, besides _London_, _Westminster_, and _Southwark_, +no less than forty-five Villages, now exceedingly inlarged, +independent of a vast accession of buildings upon the open fields in +the vicinity; it becomes less a matter of surprize, to learn, that it +extends to nearly eight miles in length,--is three miles at least in +breadth, and not less than twenty-six in circumference; containing +above eight thousand streets, lanes, alleys, and courts, and +sixty-five different Squares; in which are more than one hundred and +sixty thousand houses, warehouses, and other buildings; besides +_Churches_ and _Chapels_ for religious worship, of which the following +enumeration is imagined not to be very distant from truth:-- + + For Religious Instruction. + + Of the Established 1 Cathedral, dedicated to St. Paul. + Religion. 1 Abbey Church of St. Peter, Westminster. + 120 Parish Churches. + 120 Chapels, and Chapels of Ease. + --- + 242 + + Meeting-houses for { Consisting of Chapels for Methodist + Dissenters. { Nonconformists, Presbyterians, + 150 { Independents, Anabaptists, + { Quakers, and English Roman + { Catholicks. + + { Consisting of Chapels for French, + { German, Dutch, Swedish, Danish, + Chapels and { and Helvetic Protestants, + Meeting-houses for 30 { for Foreign Roman Catholics, + Foreigners. { and those of the Russian or + { Greek Church. + + Synagogues 6 for the Jewish Religion. + --- + _Total about_ 428 _Places of Public Worship._ + +The number of Inhabitants of this great Metropolis, occupying these +various houses and buildings, may, under all circumstances, be +rationally estimated at one million at least; for whose accommodation, +convenience, and security, the following Institutions have been +formed, _namely_,--1st. _For Education_;--2d. _For promoting good +Morals_;--3d. _For useful and fine Arts_;--4th. _For objects of +Charity and Humanity_;--5th. _For distributing Justice_;--and 6th. +_For punishing Offenders_. + + +EDUCATION. + + 1st. For Education. + + 16 Inns of Court and Chancery, for educating Students to + the profession of the Law, &c. &c. + + 5 Colleges--viz. One for the improvement of the Clergy, + London Wall; one for Divinity and Astronomy, + called Gresham College; one for Physicians, Warwick + Lane; one for the study of Civil Law, Doctors-Commons; + and the Heralds College. + + 62 Schools, or public Seminaries; the principal of which + are Westminster School, Blue-coat School or Christ's + Hospital, St. Paul's, Merchant Taylors, Charter-house, + St. Martin's School, &c. &c. &c. where + about 5000 young persons are educated. + + 237 Schools belonging to the different Parishes; where + about 9000 male and female Children are educated + in Reading, Writing, and Accompts. + + 3730 Private Schools, for all the various branches of male and + female Education; including some for Deaf and + Dumb. + ---- + 4050 Seminaries of Education. + +_The following Schools seem to deserve particular Enumeration; though +probably there are many others which might equally deserve notice:--_ + + For Education. + + 1 Asylum for poor friendless, deserted girls, under + twelve years of age, Vauxhall Road 1758 + + 2 Orphan Working-School, for Children of Dissenters, + City Road. + + 3 Philanthropic Society, St. George's Fields, for + children of criminal parents, and young delinquents. + + 4 Freemasons' School, for Female Orphans, St. + George's Fields 1788 + + 5 Marine Society, for educating poor destitute boys + to the Sea, in Bishopsgate-street 1756 + + 6 British or Welsh Charity School, Gray's Inn + Lane 1718 + + 7 French Charity School, Windmill-street, Tottenham + Court-Road 1747 + + 8 School for Soldiers' Girls, at Chelsea, supported + by Ladies 1709 + + 9 Neal's Mathematical School, for teaching Navigation, + &c. to poor children, King's Head + Court, Gough-Square, Fleet-street 1715 + + 10 School for Children of the Clergy; the Boys at + _Thirsk_, Yorkshire, the Girls at _Lisson-Green_, + Paddington.--Secretary, J. Topham, Esq. + No. 5, Gray's Inn Square 1749 + + 11 Day-School of Industry, for Boys and Girls, + Paradise-street, Mary-le-bone 1791 + + 12 Another, No. 68, Edgware-Road, for Girls 1784 + + 13 Ladies' Charity School, King-street, Snow Hill 1702 + + 14 Walworth Female Charity School. + + 15 Saint Anne's Society, hitherto at Lavenham, + Suffolk, about to be removed to Camberwell, + for Boys and Girls, (extended in 1733 and + 1791) 1709 + + 16 Grey Coat Hospital, Artillery Ground, Westminster. + + 17 Green Coat Hospital, Ditto. + + +RELIGION AND MORALS. + + 2. For promoting Religion and good Morals. + + 1 The Society for giving effect to his Majesty's + proclamation against Vice and Immorality 1787 + + 2 The Society for promoting Christian Knowledge, + Bartlett's Buildings, Holborn 1699 + + 3 The Society for propagation of the Gospel in + Foreign Parts, Dean's Yard, Westminster 1701 + + 4 The Society for promoting Religious Knowledge, + by distributing books among the poor.--Secretary, + Mr. Watts, Founder's Hall, Lothbury 1715 + + 5 The Society for promoting Charity Schools in + Ireland, Merchant Seaman's Office. + + 6 The Society for Religious Instruction to the Negroes + in the West Indies 1793 + + 7 The Society for preventing Crimes, by prosecuting + Swindlers, Sharpers, and Cheats; Gough-Square, + Fleet-street 1767 + + 8 British Society for the Encouragement of Servants, + No. 27, Hay-market 1792 + + 9 Society for giving Bibles to Soldiers and Sailors, + No. 427, Oxford-street 1780 + + 10 Dr. Bray's Charity for providing parochial Libraries, + No. 5, Ave-Maria Lane. + + 11 Society for Relief of poor pious Clergymen 1788 + + 12 Queen Anne's Bounty for the Augmentation of + small Livings of Clergymen.--Secretary, R. + Burn, Esq. Duke-street, Westminster 1703 + + 13 Sunday Schools, in various parishes. + + 14 Sunday School Society, for giving Bibles, &c. + and otherwise furthering the purposes of Sunday + Schools.--Sec. Mr. Prestill, No. 47, + Cornhill 1785 + + +THE ARTS. + + 3. For learning, and the useful and fine Arts. + + 1 Royal Society, incorporated for promoting useful + Knowledge;--_Instituted_ 1663 + + 2 Antiquarian Society, Somerset Place 1751 + + 3 Society or Trustees of the British Museum 1753 + + 4 Society of Artists of Great Britain, Strand 1765 + + 5 Royal Academy of Arts, Somerset Place 1773 + + 6 Society for the encouragement of Learning, + Crane-Court, Fleet-street. + + 7 Society for encouragement of Arts, Manufactures, + and Commerce, Adelphi Buildings. + + 8 Medical Society of London, Bolt-court, Fleet-street 1773 + + 9 Society for the improvement of Naval Architecture. + + 10 Veterinary College, near St. Pancras Church. + + 11 Royal Institution for applying the Arts to the + common purposes of Life 1799 + + 4. Asylum for the Indigent and Helpless. + + 107 Alms-houses endowed at different periods, where 1352 + old men and women are supported; the principal of these + houses are,--_The Trinity Alms-houses_, for 28 decayed + Ship Masters, in Mile End; _Bancroft's Alms-houses_, + Mile End, for 24 Poor Men; _Fishmongers' Alms-houses_, + Newington Butts; _Haberdashers' Alms-houses_, in Hoxton; + _Jeffries' Alms-houses_, Kingsland Road; _Sir John + Morden's College_, for decayed Merchants, at Blackheath; + _Emanuel_, or _Lady Dacre's Hospital_, Tothilfields, + Westminster. + + 1 London Workhouse, Bishopsgate-street, for decayed old + Men.[181] + + 1 Bridewell Hospital, an Asylum for Apprentices to different + trades, Bridge-street, Blackfriars. + + 1 Charter-house Hospital, an Asylum for 80 indigent + persons, in Charter-house Square, _founded_ 1611 + + 1 Scottish Hospital for decayed Natives of Scotland, + in Crane-court, Fleet-street. + + 1 Welsh Hospital, for decayed Natives of Wales, + in Gray's Inn Lane. + + 1 French Hospital, for decayed Frenchmen, in St. + Luke's, Middlesex 1719 + + 1 Foundling Hospital, for deserted Infants, + Lamb's-Conduit-street 1739 + + 1 Magdalen Hospital, for the admission of seduced + Females, St. George's Fields 1769 + + 1 Lock Asylum, for penitent Female Patients, cured + in the Lock Hospital 1787 + + 1 Chelsea Hospital, for worn-out and disabled Soldiers 1670 + + 1 Greenwich Hospital, for worn-out and disabled + Seamen 1694 + --- + 118 + --- + +[Footnote 181: London Workhouse is a large building, which might, with +great advantage, be turned into a house of industry, or Penitentiary +House for Petty offenders, for which purpose it was used in ancient +times. Although it is said to be sufficient to lodge about 500 people, +it is now used only as an asylum for a few old persons; and is a +sinecure for the Keepers and Officers, who live comfortably as the +servants of the Community without doing any good. This house is amply +endowed by a power of levying contributions on all the parishes for +its support.] + + +ASYLUMS FOR SICK, LAME, DISEASED, AND FOR POOR PREGNANT WOMEN. + + Hospitals for Sick, Lame, and Diseased, and Pregnant Women. + + 1. St. Bartholomew's Hospital, in West Smithfield, for + the reception of afflicted and diseased Persons 1539 + + 2. St. Thomas's Hospital, Southwark, for the reception + of sick and lame, especially sailors 1553 + + 3. Guy's Hospital, Southwark, for sick and impotent + persons; and lunatics 1721 + + 4. London Hospital, Whitechapel Road, for the reception + of all persons meeting with accidents 1740 + + 5. St. George's Hospital, Hyde Park Corner, for the + reception of sick and lame 1735 + + 6. Westminster General Infirmary, James-street, Westminster, + for sick and diseased persons 1719 + + 7. Middlesex Hospital, Charles street, near Oxford-street, + for sick and lame, and pregnant women 1745 + + 8. Lock Hospital, Hyde Park Turnpike, for persons + afflicted with the venereal disorder 1746 + + 9. Hospital Misericordia, Goodman's-fields, for the + same purpose 1774 + + 10. Small-pox Hospital, St. Pancras, for inoculation + of poor persons 1746 + + 11. London Lying-in Hospital, Aldersgate-street, for + poor _married_ women 1750 + + 12. City of London Lying-in Hospital, Old-street, City + Road, _Idem._ 1751 + + 13. British Lying-in Hospital, Brownlow-street, Long-Acre, + _id._ 1749 + + 14. Westminster Lying-in Hospital, Surry Road, + Westminster Bridge, for poor pregnant women + _generally_. + + 15. Queen's Lying-in Hospital, Bayswater Hall, Oxford + Road, _id._ + + 16. Lying-in Hospital, Store-street, Tottenham Court + Road, _id._ 1767 + + 17. Lying-in Charity, for delivering pregnant women + at their own houses; _W. Manning_, Esq. Governor; + Physician, Dr. _Sims_, Blackfriars 1757 + + 18. Society for delivering married women in their own + habitations, by whom 32 midwives are employed, + No. 18, Strand 1757 + + 19. Bethlem Hospital, for Lunatics, Moorfields 1558 + + 20. St. Luke's Hospital for Lunatics, Old-street Road 1751 + + 21. Samaritan Society for relieving Persons discharged + from Hospitals 1791 + + 22. Society for visiting and relieving the Sick in their + own Houses. + + Dispensaries for Sick, Lame, and Diseased. + + 1 Eastern Dispensary, Whitechapel + + 2 Western Dispensary, Charles-street, Westminster + + 3 Middlesex Dispensary, Great Ailiff-street + + 4 London Dispensary, Primrose-street, Bishopsgate-street + + 5 City Dispensary, Bevis Marks + + 6 New Finsbury Dispensary, St. John-street, Clerkenwell + + 7 Finsbury Dispensary, St. John's Square, Clerkenwell + + 8 General Dispensary, Aldersgate-street + + 9 Public Dispensary, Cary-street, Lincoln's Inn Fields + + 10 Infant Poor Dispensary, Soho-square + + 11 St. James's Dispensary, Berwick-street, Soho + + 12 Westminster Dispensary, Gerard-street, Soho + + 13 Mary-le-bone Dispensary, Well-street, Oxford-street + + 14 Ossulston Dispensary, Bow-street, Bloomsbury + + 15 Surry Dispensary, Union-street, Borough + + 16 Royal Universal Dispensary, Featherstone Buildings, + Holborn + + Institutions for Charitable and Humane Purposes. + + Humane Society, for the recovery of drowned and suffocated + Persons, Spital-square and London Coffee-house 1773 + + Society for the Relief of Clergymen's Widows, Paper + Buildings, Temple + + Society for the Relief of Widows and Orphans of Medical + Men, founded by Dr. Squires and Mr. Chamberlaine 1788 + + Laudable Society, for the benefit of Widows, Crane-Court, + Fleet-street + + Society for the support of Widows, Surry-street, Strand + + Society for the support of poor Artists, and their Widows, + Strand + + Three Societies for the support of decayed Musicians, + their Widows and Children + + Society for the Relief of decayed Actors + + ABC-darian Society, for the Relief of decayed + School-masters + + Society for the Relief of Authors in distress + + Society for the Relief of Officers, their Widows, Children, + Mothers, and Sisters + + Society for Annuities to Widows, Old Fish-street, + St. Paul's, No. 25 + + Society for the Relief of sick and maimed Seamen in + the Merchant's Service 1747 + + Society for the Relief of poor Widows and Children + of Clergymen, instituted by Charter 1768 + + Rayne's Hospital for 40 girls, who receive 100_l._ portion + on their marriage 1736 + + Society called the Feast of the Sons of the Clergy, for + apprenticing their indigent Children, No. 5, Gray's + Inn Square + + Freemason's Charity + + Society for the relief of Persons confined for Small + Debts, Craven-street, Strand + + Society for bettering the condition, and increasing + the comforts of the Poor + + Society for improving the condition of Chimney-Sweepers + + Five Soup Societies + + Workhouses + + Private Asylums for Lunatics + + 91 Public Companies in the City of London, who give + in charity above L.75,000 a year + + Stock's Blind Charity, distributed by the Painters-Stainers' + Company 1786 + + Hetherington's Blind Charity, payable at Christ's + Hospital 1787 + + Asylum for Deaf and Dumb Poor, Grange Road, + Bermondsey 1792 + + Charitable Society for Industrious Poor, School + House, Hatton Garden + + Society for Charitable Purposes, Wardour-street, + Soho 1773 + + 1600 Friendly Societies in the Metropolis and its vicinity, + of which about 800 have enrolled themselves + under the Act of Parliament, 33 Geo. III. cap. + 54. They are composed of mechanics and labouring + people, who distribute to sick members, + and for funerals, sums raised by monthly + payments, amounting on an average to 1_s._ 8_d._ + a month, or 20_s._ a year, and consisting of + about 80,000 members, who thus raise annually + 80,000_l._ + +Reflecting on the foregoing list of various laudable Institutions, +which it cannot be expected should be altogether perfect, but which +may be said to be unparalleled in point of extent, as well as +munificence, and conferring the highest honour on the National +Character for Charity and Humanity; the mind is lost in astonishment, +that greater and more extensive benefits have not arisen to the +inhabitants of the Metropolis; not only in improving their morals, +but in preventing the lowest orders of the People from suffering that +extreme misery and wretchedness, which has already been stated to +exist in so great a degree in London. + +When it is also recollected, that large sums are annually expended by +Societies instituted for promoting religion, virtue, and good morals, +it must be evident, as human misery does not appear to be alleviated, +and the morals of the People grow worse--that there must be some cause +to produce effects so opposite to what might have been expected from +such unparalleled philanthropy; the cause, indeed, may easily be +traced to that evident deficiency in the general System of Police, +which has so often been mentioned in the course of this Work.[182] + +[Footnote 182: But particularly that branch of it, which relates to +the management of the Poor, than which nothing in a greater degree +requires immediate improvement; since it is unquestionably true, and +has, indeed, been already shewn, that from this source incalculable +evils have arisen, which must proportionately increase, until some +effectual remedy is applied.--See Chapter 13th, where a remedy is +proposed.] + +In the next place, it may be useful, and certainly cannot be improper, +in a Treatise on the Police, to insert a brief detail of the different +Courts of Law, and public Prisons, established in the Metropolis; for +the distribution of Justice, and the punishment of delinquents, for +civil as well as criminal offences; together with the number of +professional men attached to these various Law establishments. + + +COURTS OF JUSTICE + +IN THE + +_METROPOLIS_. + + Supreme Courts. + + The High Court of Parliament. + + The House of Lords; being the Appeal in the last resort in + all causes criminal and civil. + + The Court of Exchequer Chamber, before which Writs of + Error are brought on judgments in the Court of King's Bench + and other Courts; it is composed, in certain cases, of all the + Twelve Judges, and the Lord Chancellor; but sometimes of + a smaller number. + + The High Court of Chancery--at Westminster Hall--and + Lincoln's Inn Hall. + + The Court of King's Bench, held in Westminster Hall. + + The Court of Common Pleas, held in Westminster Hall. + + The Court of Exchequer--a Court of Law, Equity and + Revenue; held at Westminster Hall and Serjeant's Inn. + + The Court of Appeals in Colonial and Prize Causes; before + the Lords of his Majesty's Privy Council at Whitehall. + + The High Court of Admiralty, for Prizes, &c. at Doctor's + Commons; and in criminal Cases, twice a year, at the Old + Bailey. + + Four Ecclesiastical Courts. Doctors' Commons. + + Prerogative Court, for Wills + and Administrations + + Court of Arches, for Appeals + from inferior Ecclesiastical + Courts in the Province of + Canterbury; the Court of + Peculiars is a branch of this + Court. + + Faculty Court, to grant Dispensations + to marry, &c. + + Court of Delegates for Ecclesiastical + Affairs. + + The Court of Oyer and + Terminer and Gaol-Delivery + for trying + Criminals at the Justice + Hall, Old Bailey + + Held by His Majesty's Commission + to the Lord-Mayor, Judges, Recorder + and Common Serjeant, &c. + + Seventeen Courts in the City of London. + + Court of Hustings + + The Supreme Court of the City for Pleas of + Land and Common Pleas + + The Lord-Mayor's Court + + For Actions of Debt and Trespass, and for + Appeals from inferior Courts and for foreign + attachments; giving decisions in all + cases whatsoever, in 14 days, at an expence + not exceeding thirty Shillings; held in the + King's Bench, Guildhall, by the Lord-Mayor, + Recorder, and Aldermen. + + Court of Requests + + Held by two Aldermen and four Members of + the Common Council, appointed by the + Lord-Mayor and Aldermen; three of + whom form a Court for the recovery of + small debts under 40_s._ at the expence of 10_d._ + + Chamberlain's Court + + Held every day to determine differences between + masters and apprentices; and to admit + those qualified to the freedom of the + City. + + Sheriff's Court + + Held every Wednesday, Thursday, Friday, + and Saturday, at Guildhall; where Actions + of Debt and Trespass, &c. are tried by the + Sheriff, and his Deputy, who are Judges of + the Court. + + Court of Orphans + + Held before the Lord-Mayor and Aldermen, + as Guardians of the Children of deceased + Freemen under twenty-one years of age, &c. + + Pie Poudre Court + + Held by the Lord-Mayor and Stewards, for + administering instantaneous Justice between + Buyers and Sellers at Bartholomew Fair, to + redress all such disorders as may arise there. + + Court of Conservancy + + Held by the Lord Mayor and Aldermen four + times a year, in Middlesex, Essex, Kent, + and Surry; who inquire by a Jury, into + Abuses relative to the Fishing on the River + Thames, and redress the same; from Staines + _West_, to Yenfleet _East_. + + Court of Lord-Mayor, and + Aldermen.--Court of Common + Council.--Court of + Common Hall.--Court of + Wardmotes + + These relate to setting the Assize + on Bread and Salt--to the municipal + Officers of the City--to + the Elections of Lord-Mayor, + Sheriffs, and Officers of the + City--and to the Management + of the Public Property of the + City, and removing Nuisances. + The Wardmotes are held chiefly + for the Election of Aldermen + & Common Councilmen. + + General and Quarter Sessions of the Peace, held by the Lord-Mayor + and Aldermen, eight times a year. + + Petty Sessions for small Offences, &c. held at + the Mansion House by the Lord-Mayor + and one Alderman: and at Guildhall by + two Aldermen in rotation + + Daily, in the forenoon + + Coroners' Court + + To inquire into the causes of sudden deaths, + when they arise. + + Court of the Tower of London + + Held within the verge of the City by a Stewart + appointed by the Constable of the + Tower, before whom are tried Actions of + Debt, Trespasses, and Covenants. + + Courts of Justice within the City and + Liberty of Westminster. + + Court of the Duchy of Lancaster + + A supreme Court of Record, held in Somerset + Place, for deciding by the Chancellor of the + said Duchy, all matters of Law or Equity belonging + to the County Palatine of Lancaster + + Quarter Sessions of the Peace + + A Court of Record, held by the Justices of the + City and Liberty of Westminster, four + times a year, at the Guildhall, Westminster, + for all Trespasses, Petty Larcenies, and + other small Offences, committed within the + City and Liberty + + Westminster Court + + Or Court Leet, held by the Dean of Westminster + or his Steward, for choosing parochial + Officers, preventing and removing + Nuisances, &c. + + Court of Requests, + Castle-street, Leicester-square + + Held by Commissioners (being respectable + Housekeepers) for deciding without appeal, + all Pleas for Debts under forty shillings. + For the parishes of St. Margaret, St. John, + St. Martin, St. Paul Covent Garden, St. + Clement Danes, St. Mary le Strand, and + that part of the Dutchy of Lancaster which + joins Westminster + + Court of Requests, + Vinestreet, Piccadilly + + Held in the same manner, and for the same + purposes; for the parishes of St. Anne, + St. George Hanover-square, and St. James, + Westminster + + Petty Sessions, or Police Court, + held at Bow-street + + A Court of Petty Sessions, held by two Magistrates + every day, (Sunday excepted) morning + and evening, for matters of Police, and various + Offences, and Misdemeanors, &c. + + Police Court or Petty Sessions, + held at Queen-sq. Westminster + + A Court of Petty Sessions established by Act + of Parliament, held every day, morning & + evening, (Sunday excepted) by two Magistrates, + for matters of Police, and various + Offences, Misdemeanors, &c. + + Police Court, or petty Sessions, + held at Great Marlborough-str. + + The same. + + Courts of Justice in that part of the Metropolis, + which lies within the County of Middlesex. + + St. Martins-le-Grand Court + + _A Court of Record_, subject to the Dean and + Chapter of Westminster, held every Wednesday, + for the trial of all personal Actions. + The process is by a Capias against the body, + or an Attachment against the goods in this + particular Liberty + + East Smithfield Court + + A Court Leet and Court Baron, held for this + Liberty, to inquire into Nuisances, &c.--In + the Court Baron Pleas are held to the + amount of forty shillings + + Finsbury Court + + A Court Leet held once a year, by a Steward + of the Lord-Mayor, as Lord of the Manor of + Finsbury, for inquiring into those Nuisances + competent for Leet Juries, by ancient usage, + and swearing in Constables for the Manor + + St. Catherine's Court + + Two Courts are competent to be held within + this small Precinct, for Actions of Debt and + Trespass, at St. Catherine's near the Tower + + Whitechapel Court + + A Court held by the Steward of the Manor of + Stepney, by whom, and a Jury, are tried Actions + of Debt for 5_l._ and under, &c. &c. + + Sheriff's Court + + For the County of Middlesex, for Actions of + Debt, Trespasses, Assaults, &c. + + Quarter and General sessions + of the Peace, and Sessions of + Oyer and Terminer + + Held by the Justices of the County of Middlesex, + eight times a year, at the New Sessions + House, Clerkenwell Green, for all + Trespasses, Petty Larcenies, Misdemeanors, + and other offences, &c. and for Roads, + Bridges, and other County Affairs + + Petty Sessions or Police Court, + established by Act of Parliament + + A Court of Petty Sessions, held every morning + and evening, (Sunday excepted) by two + Magistrates, at the Public Office, in Hatton + Garden, for matters of Police and various + Offences, Misdemeanors, &c. + + Petty Session, or Police Court + + At the Public Office, Worship-street, near + Finsbury-square, by two Justices, for objects + of Police, &c. + + _Idem_ + + At the Public Office, Lambeth-street, Whitechapel + + _Idem_ + + At the Public Office, High-street, Shadwell + + Two Coroner's Courts + + For inquiring into causes of sudden death + + Court of Requests + + Small debts under 40_s._ without appeal, + held in Fulwood's Rents, Holborn, for the + Division of Finsbury + + Court of Requests + + For small debts under 40_s._ without appeal, + held in Osborn-street, Whitechapel, by + Commissioners, under the Act of Parliament, + chosen annually by the several Parishes + in the Tower Hamlets + + General and Quarter Sessions of the + Peace for the Liberty of the Tower of London. + + Held by the Justices of that Liberty, + 8 times a year for Petty Larcenies, + Trespasses, Felonies, and Misdemeanors, + &c. within that particular District + + Courts of Justice in the Borough + of Southwark, Surry. + + Court of Record + + Held at St. Margaret's Hill, Southwark, by + the Lord-Mayor's Steward, for Actions of + small Debts, Damages, Trespass, &c. + + Court of Record + + For the Clink Liberty, held near Bankside, + in Southwark, by the Bishop of Winchester's + Steward, for Actions of Debt, Trespass, &c. + within that Liberty + + Marshalsea Court + + A Court of Record (or the Court of the Royal + Palace) having jurisdiction 12 miles round + Whitehall (exclusive of the City of London) + for actions of Debts, Damages, Trespasses, + &c. and subject to be removed to a higher + Court of Law, when above 5_l._ + + Court of Requests + + For the recovery of small Debts under 40_s._ + without appeal, held at St. Margaret's Hill, + by Commissioners chosen under the Act of + Parliament, by the different Parishes + + Coroners' Court + + To inquire into causes of sudden Death--in + Southwark, &c. + + Quarter Sessions of the Peace + + Held by the Lord-Mayor and Aldermen, at + St. Margaret's Hill, for the Borough of + Southwark + + Quarter Sessions of the Peace + for the County of Surry + + Held at the New Sessions House in + Southwark, by the Magistrates of the + County of Surry + + Petty Sessions, or Police Court, + established by Act of Parliament + + A Court held every morning and evening + by two Justices, at the Public Office, Union + Hall, Union-street, Southwark, for Objects + of Police, &c. + + +PRISONS _in the_ METROPOLIS. + + 1. King's Bench Prison, for Debtors on Process or Execution in the + King's Bench, &c. St. George's Fields + + 2. Fleet Prison, for Debtors on Process, &c. in the Common Pleas, + &c. Fleet Market + + For the City of London. + + 3. Ludgate Prison, Bishopsgate-street + + 4. Poultry Compter, in the Poultry + + 5. Giltspur-street Compter, Giltspur-street + + 6. Newgate, or City and County Gaol, Old Bailey + + 7. New Prison, Clerkenwell--Gaol for the County of Middlesex + + 8. Prison for the Liberty of the Tower of London, Well-close-square + + 9. Whitechapel Prison for Debtors in the five pound court + + 10. Savoy Prison for Deserters and Military Delinquents + + Houses of Correction. + + 11. City Bridewell--Bridewell, Bridge-street, Blackfriars + + 12. Tothill Fields Bridewell--Tothill Fields + + 13. Spa Fields Penitentiary House + + 14. New Bridewell in the Borough of Southwark + + 15. County Gaol for Surry in the Borough of Southwark + + 16. Clink Gaol, in ditto + + 17. Marshalsea Gaol, in the Borough, for Pirates, &c. + + 18. New Gaol, in the Borough. + +Nothing, perhaps, can manifest, in a greater degree, the increased +commerce and population of the Metropolis of the Empire, than the +following summary detail of the different classes of professional men +connected with the various departments of the Law. + +It appears from the preceding Statements, that there are in the +Metropolis + + 9 Supreme Courts; to which are attached 270 officers[183] + 4 Ecclesiastical Courts 54 do. + 18 Inferior Courts for small Debts 146 do. + 1 Court of Oyer and Terminer, and Gaol Delivery 27 do. + 4 Courts of General and Quarter Sessions of the + Peace 46 do. + 10 Courts and Petty Sessions for purposes of + Police 190 do. + 5 Coroners' Courts 20 do. + --- + 753 + + King's Serjeants, Attorney and Solicitor General, + and King's Advocate 8 + Serjeants at Law 14 + Doctors of Law 14 + King's Counsel 25 + Masters in Chancery 10 + Barristers at Law 400 + Special Pleaders 50 + Proctors in Doctors' Commons 50 + Conveyancers 40 + Attorneys at Law in the different Courts 1,900 + Clerks, Assistants, and others, estimated at 3,700 + Notaries Public 36 + ----- + Total about 7,000 + +[Footnote 183: See for some further particulars the 27th Report of the +Finance Committee.] + +It is impossible to contemplate this view of a very interesting +subject, without being forcibly struck with the vast extent of the +wealth and commercial intercourse of the Country, which furnish +advantageous employment for such a multitude of individuals in one +particular profession. Every good man, and every lover of his country, +must anxiously wish that the advantages may be reciprocal; and that +men of talents, integrity, and ability, in the profession of the Law, +while they extend their aid to the removal of those evils which are a +reproach to the criminal jurisprudence of the Country, would also +assist in procuring the removal of the inconveniences at present felt +in the recovery of small debts. This is peculiarly irksome to every +well-disposed person, who, in the course of business, having +transactions with the mass of mankind, cannot avoid frequently meeting +with bad or litigious characters, by whom disputes are unavoidably +generated. + +According to the prevailing System, if the debt exceeds 40_s._ the +action may be brought in a superior Court, where, if contested or +defended, the expence, at the lowest computation, must be upwards of +fifty pounds. Prudent men, under such circumstances, will forego a +just claim upon another, or make up a false one upon themselves, as by +far the least of two evils, in all cases where they come in contact +with designing and bad people; and hence it is, that the worthless +part of mankind, availing themselves in _Civil_ as others do in +_Criminal Cases_, of the imperfections of the Law, forge these +defects into a rod of oppression, either to defraud the honest part of +the Community of a just right, or to create fraudulent demands, where +no right attaches; merely because those miscreants know that an action +at Law, even for 20_l._ cannot either be prosecuted or defended, +without sinking three times the amount in Law expences; besides the +loss of time, which is still more valuable to men in business. + +To convince the Reader that this observation is not hazarded on weak +grounds, and that the evil is so great as to cry aloud for a remedy, +it is only necessary to state, that in the County of Middlesex alone, +in the year 1793, the number of bailable writs and executions, for +debts from _Ten_ to _Twenty_ pounds, amounted to no less than 5,719, +and the aggregate amount of the debts sued for was the sum of +L.81,791. + +It will scarcely be credited, _although it is most unquestionably +true_, that the mere costs of these actions, although made up, and not +defended at all, would amount to 68,728_l._--And if defended, the +aggregate expence to recover 81,791_l._ must be--(_strange and +incredible as it may appear_), no less than 285,905_l._! being +considerably more than three times the amount of the debts sued for. + +The mind is lost in astonishment at the contemplation of a +circumstance, marking, in so strong a degree, the deficiency of this +important branch of the jurisprudence of the Country. + +Through this new medium we discover one of the many causes of the +increase of crimes.--And hence that caution which men in business are +compelled to exercise (especially in the Metropolis), to avoid +transactions with those who are supposed to be devoid of principle. + +Whenever the Laws cannot be promptly executed, at an expence, that +will not restrain the worthy and useful part of the Community from the +following up their just rights, bad men will multiply. The morals of +the People will become more and more corrupted, and the best interests +of the State will be endangered. + +In a political as well as in a moral point of view, it is an evil that +should not be suffered to exist; especially when it can be +demonstrated, that a remedy may be applied, without affecting the +pecuniary interest of the more reputable part of the Profession of the +Law, while it would unquestionably produce a more general diffusion of +Emolument. + +If, instead of the various inferior Courts for the recovery of debts, +(exclusive of the Courts of Conscience) which have been mentioned in +this Chapter, and which are of very limited use on account of appeals +lying in all actions above 5_l._--the Justices, in General Sessions of +the Peace, _specially commissioned_, were to be empowered to hear and +determine _finally, by a Jury_, all actions of debt under 50_l._ and +to tax the Costs _in proportion to the amount of the Verdict_, great +benefits would result to the Public. _At present, the rule is to allow +the same cost for forty shillings as for ten thousand pounds!_[184]--It +depends only on the length of the pleadings, and not on the value of +the action. + +[Footnote 184: The following authentic table, divided into four +Classes, will shew in forcible colours, the evils which arise from +there being no distinction between the amount of the sum to be +recovered in one action and another, in settling the costs. In the +county of Middlesex, in the year 1793, the actions for recovering +debts stood thus: + + Classes. + | |Number of Writs. + | | |of which Bailable. + | | | |Executions. + | | | | |Costs of Actions + | | | | |undefended at 12_l._ each. + | | | | | |Costs of Actions + | | | | | |defended at 50_l._ + | | | | | |each. + | | | | | | |Net Amount + | | | | | | |of Debts + | | | | | | |sued for + | | | | |L. |L. |L. + 1|from 10 to 20_l._| 5,719| 4,966| 753| 68,728|285,950| 81,791 + 2| 20 to 30_l._| 2,267| 1,878| 389| 21,090|113,350| 85,675 + 3| 30 to 100_l._| 4,367| 2,492|1,875| 52,404|238,350| 237,358 + 4| L.100 & upw. | 2,324| 1,769| 555| 27,160|116,200|1,010,379 + | +------+------+-----+-------+-------+--------- + | |14,677|11,105|3,572|169,382|753,850|1,385,203 + +Thus it appears, that upwards of one million of money, in the 4th +class, is recovered at considerably less than half the expence of +81,791_l._ in the 1st class.] + +Humanity, Justice, and Policy, plead for an improvement of the System; +more particularly when it is recollected that, between _Six_ and +_Seven Thousand_ unfortunate persons are arrested annually on _mesne +process_ in Middlesex alone, one half of whom are for debts _under +twenty pounds_. In the kingdom at large, the number is not less than +_Forty Thousand_ for trifling debts in the course of a year!--The +unavoidable expence, therefore, at the lowest computation, is a most +grievous burden, which on many occasions, sends both the plaintiff and +defendant to a gaol, for the Attorney's bills, to the total ruin of +themselves, and often to the destruction of their families. + +The Evil, in this view, is exceedingly prominent.--It involves in it +consequences which trench upon the best interests of the Country. The +Mischief increases, unperceived by the people at large, and Remedies +are not applied; because few men will subject themselves to +investigations of great labour, without which facts are not to be +obtained; and without facts it is impossible to reason with accuracy, +or to draw just conclusions upon any subject. + +It will be found upon inquiry, that the miseries of a gaol, by which +the inferior orders of the people are often punished, do not so +frequently attach to the worthless and profligate part of the +Community, as to those who have been useful members of the State--Like +the adroit thief, encouraged to proceed by many escapes, Knaves are +seldom victims to the severity of the Law.--The Innocent, and often +the Industrious, unskilled in the tricks and artifices which bad men +pursue to rid themselves of incumbrances, (for which there is abundant +resource in the chicane of the Law;) are generally the sufferers. + +To incarcerate one member of the body politic, whose misfortunes and +losses may have arisen from giving credit to another, who is relieved +by a Commission of Bankrupt,[185] because his debts amounted to more +than 100_l._ seems not well to accord with Justice, Humanity, or State +Policy. It debases the minds of thousands whose conduct never deserved +such a fate--who were from the nature of their dealings, _although +small_, entitled upon the principle adopted by the Legislature, to the +same relief which is extended to the higher classes by whom they often +suffer--and sometimes too by the most worthless and depraved.--While +no good can arise from their confinement, it is thus rendered +infinitely more severe than that, which is, in many instances, +inflicted on criminal offenders.--Their labour is lost to the +Community.--Their families are neglected--and perhaps reared up in +vice and idleness to become Nuisances in that Society, of which they +might have been virtuous and useful Members. + +[Footnote 185: It is to be observed, that the Debtors comprised, in +the first three classes mentioned in the foregoing note, page 587, are +generally the objects of imprisonment; while the bankrupt-laws relieve +the fourth, the insolvency of which class generally produces the +distress of the other; who must languish in a gaol and suffer a severe +punishment, although it is clear to demonstration, that the Debtor for +_ninety-nine_ pounds is equally an object of commiseration as another +whose debt amounts to _one hundred_; and almost in the same degree +subject to accident and misfortune. + +Under a System so contrary to reason, and so shocking to humanity, too +much praise cannot be bestowed on the founders and supporters of the +excellent Institution for the relief of honest, industrious persons +imprisoned for small debts. The immense number relieved by this +benevolent Society, who have appeared upon inquiry not to have brought +misfortunes upon themselves by imprudence, is one of the strongest +proofs that can be adduced of the imperfection of the laws; which are +tacitly acknowledged to be erroneous, in the case of every person who +is discharged by the bounty of the Public.] + +This, therefore, is a most important branch of what may be called +_Civil Police_, highly deserving the attention of the Legislature; +because it is not only contrary to Reason, but pregnant with evils +which tend to the increase of crimes in a greater degree than is +generally supposed. + +The extensive and growing intercourse in commercial dealings, and the +diffused state of property must, of course, progressively, increase +the number of Appeals to Courts of Justice, even under the present +System; till at length the duty of the Judges (infinitely more +extensive than their predecessors experienced, and increasing every +day,) will so multiply, as to render it an act of great cruelty and +injustice, not to ease them of the unreasonable labour arising from +small Law-suits. + +The same reasoning applies to the Members of the Executive Government. +As we advance in riches, population, and crimes, the management of the +Country becomes more complicated. The labour attached to the higher +departments of the State of all descriptions is infinitely greater +than a century ago; and yet there is no increase in the number of the +first executive responsible officers.--This, (although it has not +heretofore attracted notice), when duly considered, will be found to +be a very serious misfortune. + +The mind, however active or enlightened, can only compass certain +objects. It requires relaxation; it cannot always be upon the +stretch.--There is a point beyond which human exertion cannot go--and +hence the necessity of the division of labour, in proportion to the +increase of responsible public duty. Wherever this does not take +place, the Country suffers; an unreasonable burden attaches, by which +means matters of great consequence to the Community must be +overlooked, because it is impossible to compass every thing. + +Having thus briefly explained that branch of the Police of the Capital +which is connected with the department of the Law, together with some +of the most prominent features of abuse, which have grown out of the +present System; as well as the Remedies which have occurred, as +apparently best calculated to remove these accumulating evils. It +remains now to bring under the review of the Reader, the various +_Municipal Regulations_, which have been established for the comfort, +accommodation, and convenience of the inhabitants; and the means used +in carrying them into execution. + +The Metropolis of the Empire having been extended so far beyond its +ancient limits;--every parish, hamlet, liberty, or precinct, now +contiguous to the Cities of _London_ and _Westminster_, may be +considered as a separate Municipality, where the inhabitants regulate +the Police of their respective districts, under the authority of a +great variety of different Acts of Parliament; enabling them to raise +money for paving the streets, and to assess the householders for the +interest thereof, as well as for the annual expence of _watching, +cleansing, and removing nuisances and annoyances_. These funds, as +well as the execution of the powers of the different Acts, (excepting +where the interference of Magistrates is necessary) are placed in the +hands of Trustees, of whom in many instances, the Church Wardens, or +Parish Officers for the time being, are Members _ex officio_; and by +these different Bodies, all matters relative to the immediate safety, +comfort and convenience of the inhabitants are managed and regulated. + +These Regulations, however, are mostly founded upon Statutes made in +the last and present Reign. + +The Act of the 2d of William and Mary, cap. 8, for paving, cleansing, +&c. within the City and Liberties of _Westminster_, and the Bills of +Mortality, not having been found applicable to modern improvements, +new regulations became necessary; and an incredible number of private +Statutes applicable to the different Parishes, Hamlets, and Liberties, +composing the Metropolis, have been passed within the last 50 years. + +The Act of the 10th George II. cap. 22, established a System for +paving and lighting, cleansing, and watching the City of London: but +the Statute which removed _signs and sign-posts_, _balconies_, +_spouts_, _gutters_, and those other _encroachments_ and _annoyances_, +which were felt as grievances, by the inhabitants, did not pass till +the year 1771.--The 11th of Geo. III. cap. 29, contains a complete and +masterly System of that branch of the Police which is connected with +municipal regulations, and may be considered as a model for every +large City in the Empire. This excellent Act extends to every +obstruction by carts and carriages, and provides a remedy for all +nuisances, which can prove, in any respect, offensive to the +inhabitants; and special Commissioners, called _Commissioners of +Sewers_, are appointed to ensure a regular execution. It is further +improved by the 33d of his present Majesty, cap. 75, by which the +power of the Commissioners is increased, and some nuisances arising +from Butchers, Dustmen, &c. further provided against. + +In the City and Liberty of Westminster also, many useful Municipal +Regulations have been made within the present Century. The Acts of the +27th of Elizabeth, and the 16th of Charles I. (private Acts) divided +the City and Liberties into 12 Wards, and appointed 12 Burgesses to +regulate the Police of each Ward; who, with the Dean, or High Steward +of Westminster, were authorised to govern this District of the +Metropolis. + +The Act of the 29th of George II. cap. 25, enabled the Dean, or his +High Steward, to choose 80 Constables in a Court Leet: and the same +act authorised the appointment of an Annoyance-Jury of 48 inhabitants, +to examine weights and measures; and to make presentments of every +public nuisance, either in the City or Liberty.--The Acts of the 31st +of George II. cap. 17 and 25, improved the former Statute, and allowed +a free market to be held in Westminster.--The Act of the 2d of George +III. cap. 21, extended and improved the System for _paving, cleansing, +lighting and watching_ the City and Liberty, by including six other +adjoining Parishes and Liberties in Middlesex: This Act was afterwards +amended by the 3d of his present Majesty, cap. 23.--The Acts 5th Geo. +III. caps. 13, 50; 11th Geo. III. cap. 22; and particularly 14th Geo. +III. cap. 90, for regulating the nightly Watch and Constables, made +further improvements in the General System by which those branches of +Police in Westminster are at present regulated. + +In the Borough of Southwark also the same System has been pursued; the +Acts 28th Geo. II. cap. 9; and 6th Geo. III. cap. 24, having +established a System of Municipal Regulations, applicable to this +District of the Metropolis; relative to _markets_, _hackney-coach +stands_, _paving_, _cleansing_, _lighting_, _watching_, _marking +streets_, and _numbering houses_, and placing the whole under the +management of Commissioners. + +In Contemplating the great leading features of Municipal Regulation, +nothing places England in a situation so superior to most other +countries, with regard to cleanliness, as the _System of the Sewers_, +under the management of special Commissioners, in different parts of +the kingdom; introduced so early as by the Act 6th Henry VI. cap. 5, +and regulated by the Acts 6th Henry VIII. cap. 10; 23d Henry VIII. +cap. 5; and 25th Henry VIII. cap. 10.--afterwards improved by the 3d +and 4th Edward VI. cap. 8; 1st Mary, stat. 3, cap. 11; 13th Elizabeth, +cap. 9; 3d James I. cap. 14; and 7th Anne, cap. 10. + +Sewers being so early introduced into the Metropolis, as well as into +other Cities and Towns, in consequence of the general System, every +offensive nuisance was removed through this medium, and the +inhabitants early accustomed to the advantages and comforts of +cleanliness. + +Another feature, strongly marking the wisdom and attention of our +ancestors, was the introduction of _Water_, for the supply of the +Metropolis, in the reign of James I. in 1604. The improvements which +have been since made for the convenience of the inhabitants, in +extending the supplies by means of the New River, and also by the +accession of the Thames water, through the medium of the London +Bridge, Chelsea, York Buildings, Shadwell, and other water-works, it +is not necessary to detail. + +The Act 9th Anne, cap. 23, first established the regulations with +regard to _Hackney Coaches_ and _Chairs_, which have been improved and +extended by several subsequent Statutes, _viz._ 10 Anne, cap. 19; 12 +Anne, stat. 2, cap. 14; 1 Geo. I. cap. 57; 12 Geo. I. cap. 12; 30 Geo. +II. cap. 22; 4 Geo. III. cap. 36; 7 Geo. III. cap. 44; 10 Geo. III. +cap. 44; 11 Geo. III. caps. 24, 28; 12 Geo. III. cap. 49; 24 Geo. III. +stat. 2. cap. 27; 26 Geo. III. cap. 72; 32 Geo. III. cap. 47; 33 Geo. +III. cap. 75. + +These Acts authorize _one thousand coaches_, and _four hundred hackney +chairs_, to be licensed for the accommodation of the inhabitants of +the Metropolis; and Magistrates, as well as the Commissioners, are +empowered to decide, in a summary way, upon all complaints arising +between Coachmen or Chairmen, and the inhabitants, who may have +occasion to employ them. + +Carts and other carriages have also been regulated by several +different Acts, _viz._ 1 Geo. I. stat. 2. cap. 57; 18 Geo. II. cap. +33; 24 Geo. II. cap. 43; 30 Geo. II. cap. 22; 7 Geo. III. cap. 44; and +24 Geo. III. cap. 27. The Statutes contain a very complete System, +relative to this branch of Police; by virtue of which all complaints +arising from offences under these Acts, are also cognizable by the +Magistrates, in a summary way. + +The Act of the 34th of George III. cap. 65, established an improved +System, with regard to _Watermen plying on the River Thames_.--The +Lord Mayor and Aldermen are empowered to make Rules and Orders for +their government;[186] and, with the Recorder and the Justices of the +Peace of the respective Counties, and places next adjoining to the +Thames, have equal jurisdiction in all situations between Gravesend +and Windsor, to put in execution not only the _Laws_, but also the +Rules and Orders relative to such Watermen, which shall be sent to the +several Public Offices in the Metropolis, and to the Clerks of the +Peace of the Counties joining the Thames, within 30 days after such +Rules are made or altered. The Magistrates have power given them to +fine Watermen for extortion and misbehaviour: and, persons refusing to +pay the fares authorised by Law, may be compelled to do so, with all +charges, or be imprisoned for one month; and whoever shall give a +Waterman a fictitious name or place of abode, forfeits 5_l._ + +[Footnote 186: No Rules or Orders have yet been published, although +nearly six years have elapsed since the passing of this Act. The +Public are, therefore, without the means of punishing or controlling +Watermen, which is felt as a serious misfortune.] + +Offences relative to the Driving of Cattle improperly, usually termed +_Bullock Hunting_, are also determined by the Magistrates, in the same +summary way, under the authority of an Act 21st Geo. III. cap. 67; by +which every person is authorised to seize delinquents guilty of this +very dangerous offence. + +The last great feature of useful Municipal Police which the Author +will mention, consists in the excellent regulations relative to +_Buildings_, _Projections_, and _Fires_; first adopted after the Fire +of London in 1666, and extended and improved by several Acts of +Parliament passed, from that time, down to the 14th of his present +Majesty. + +The Act of the 14th of George III. cap. 78, which repeals the former +Acts, besides regulating the mode of building houses in future, so as +to render them _ornamental_, _commodious_, and _secure_ against the +accidents of fire, established other useful rules for the prevention +of this dreadful calamity; by rendering it incumbent on Churchwardens +to provide one or more engines in every parish, to be in readiness, on +the shortest notice, to extinguish fires, and also ladders to favour +escapes; And, that every facility might be afforded with regard to +water, it is also incumbent on the Churchwardens to fix stop-blocks +and fire-plugs at convenient distances, upon all the main pipes within +the parish; and to place a mark in the street where they are to be +found, and to have an instrument or key ready to open such fire-plugs, +so that the water may be accessible on the shortest possible notice. +That every thing also might be done to ensure dispatch, the person +bringing the first parish engine to any fire is entitled to 30_s._ the +second to 20_s._ and third to 10_s._ paid by the parish; excepting in +cases where chimnies are on fire, and then the expence ultimately +falls upon the person inhabiting the house or place where it +originated. + +This excellent Statute, so salutary in its effects with regard to many +important Regulations of Police, also obliges all Beadles and +Constables, on the breaking out of any fire, to repair immediately to +the spot, with their long staves, and to protect the sufferers from +the depredation of thieves; and to assist in removing effects, and in +extinguishing the flames. + +These outlines will explain, in some measure, by what means the System +of the Police, in most of its great features, is conducted in the +Metropolis--to which it may be necessary to add, that the Beadles of +each Parish, are the proper persons to whom application may be made, +in the first instance, in case of any inconvenience or nuisance. The +City and Police Magistrates, in their respective Courts, if not +immediately authorized to remedy the wrong that is suffered, will +point out how it may be effected. + +It is, however, earnestly to be wished, that (like the Building-Act +just mentioned), one general Law, comprehending the whole of the +excellent regulations made for the City of London, so far as they will +apply, could be extended to every part of the Metropolis, and its +suburbs; that a perfect uniformity might prevail, in the penalties and +punishments to be inflicted for the several Offences against the +comfort or convenience of the Inhabitants.--At present it often +happens, that an Offence in one Parish, is no act of Delinquency in +another. + +The great object is to simplify every System as much as +possible;--complicated Establishments are always more expensive than +is necessary, and constantly liable to abuses. + +The annual expence to the Inhabitants, in consequence of all those +Municipal Regulations just detailed, is, perhaps, higher than in any +other City in the world.--Including the Poor's-rate, it amounts, on an +average, to full 25 per cent. on the gross rental of the Metropolis; +and is supposed to exceed one million sterling a year! + +A Superintending Police would, in many instances, correct the want of +intelligence, which is apparent, and enlighten the local Managers in +such a manner, as not only to promote objects of oeconomy, +calculated to abridge and keep within bounds an enormous and growing +expence, but also to suggest improvements by which it might be +reduced, and many solid advantages be acquired by the Community. + +It is impossible to examine, with the mind of a man of business, the +various Establishments which have become necessary for promoting the +comfort and convenience of great Societies, without lamenting, in many +instances, the unnecessary waste that prevails, and the confusion and +irregularity which often ensue, merely for want of system, judgment, +and knowledge of the subject. + +Various, indeed, are the evils and disorders which Time engenders, in +every thing connected with the affairs of civil Society, requiring a +constant and uniform attention, _increasing, as the pressures +increase_, for the purpose of keeping them within bounds; that as much +happiness and comfort may be extended to the People as can possibly +arise from a well-regulated and energetic Police, conducted with +purity, zeal, and intelligence. + +We are arrived at an epoch full of difficulties and dangers, producing +wonderful events, and still pregnant with consequences, in their +nature, stretching beyond the usual course of human conjecture, where +it is impossible to judge of the ultimate issue. + +Under such circumstances, it becomes, more than ever, necessary to +make prudent arrangements for the general safety, for amending the +morals, and promoting the happiness of the People; by improved Laws, +extending protection to all, and correcting those evils, which are +felt as a burden upon the Community. + + + + +CHAP. XX. + + _A summary View of the Evils detailed in the preceding + Chapters.--The great opulence and extensive Trade of the + Metropolis assigned as a Cause of the increase and + multiplication of Crimes, and of the great extent of the + Depredations which are committed.--Arguments in favour of a + more energetic Police as the only means of remedying those + Evils.--A wide Field opened to Men of Virtue and Talents to + do good.--A general View of the estimated Depredations + annually in the Metropolis and its Vicinity, amounting in + all to Two Millions Sterling.--General Observations and + Reflections an the strong Features of degraded Humanity, + which this Summary of Turpitude exhibits.--Observations on + the further Evils arising from the deficiency of the System + with respect to Officers of Justice.--The want of a + Prosecutor for the Crown, and the inadequacy of + Punishments.--A View of the Remedies proposed--1st. With + respect to the Corruption of Morals.--2d. The means of + preventing Crimes in general.--3d. Offences committed on the + River Thames.--4th. Offences in the Public Arsenals and + Ships of War.--5th. Counterfeiting Money and fabricating + Bank Notes; 6th. Punishments.--7th. Further advantages of an + improved System of Police.--Concluding Reflections._ + + +In taking a summary view of the various evils and remedies, which have +been detailed in this Work, it may be right, previously to apprize the +Reader, that in contemplating the extent and magnitude of the +aggregate depredations, which are presumed to be committed in the +course of a year, it is necessary to measure them _by a scale +proportioned to the unparalleled amount of moving property exposed in +transit in this great Metropolis_, as well as the vast and unexampled +increase of this property, within the last half century; during which +period there has certainly been an accumulation of not less than +two-thirds, in commerce as well as in manufactures. + +It has not, perhaps, generally attracted notice, that, besides being +the Seat of the _Government_--_of the Law_,--_Learning_, and the _Fine +Arts_,--the resort of the Nobility and the Opulent from every part of +the British Empire, however distant; LONDON, from being a great +_depot_ for all the manufactures of the country, and also the goods of +foreign nations as well as East India and colonial produce, is not +only the first Commercial City at present existing, but is also one of +the greatest and most extensive Manufacturing Towns, perhaps in the +World; combining in one spot every attribute that can occasion an +assemblage of moving property, unparalleled in point of extent, +magnitude, and value in the whole Globe.--From the abstract of Imports +and Exports in _page_ 215 of this Work, it appears that above 13,000 +vessels,[187] including their repeated voyages, arrive at, and depart +from, the Port of London, with merchandize, in the course of a year; +besides a vast number of river craft, employed in the trade of the +interior country, bringing and carrying away property, estimated at +above _Seventy Millions Sterling_.[188] + +[Footnote 187: See Table in page 215.] + +[Footnote 188: See page 216.] + +In addition to this, it is calculated, that above 40,000 waggons and +other carriages, including their repeated journies, arrive and depart +laden, in both instances, with articles of domestic, colonial, East +India and foreign merchandize; occasioning a transit of perhaps (when +cattle, grain, and provisions sent for the consumption of the +inhabitants, are included) _Fifty Millions more_. If we take into the +account the vast quantity of merchandize and moveable property of +every species deposited in the various _maritime magazines_, +_timber-yards_, _piece-goods' warehouses_, _shops_, _manufactories_, +_store-houses_, _public markets_, _dwelling-houses_, _inns_, _new +buildings_, and _other repositories_, and which pass from one place to +another, it will establish a foundation for supposing that, in this +way, property to the amount of _Fifty Millions_ more at least, is +annually exposed to depredation; making a Sum of _One Hundred and +Seventy Millions_; independent of the moving articles in ships of war +and transports, and in the different Arsenals, Dock-yards, and +Repositories in the Tower of London, and at Deptford, Woolwich, +Sheerness, and various smaller magazines, in the daily course of being +received and sent away, supposed to amount to _Thirty Millions_ more; +making in the whole an aggregate sum of _Two Hundred Millions_. Thus +an immense property becomes exceedingly exposed, in all the various +ways already explained in the course of this Work; and the _estimated_ +amount of the _annual depredations_ hereafter enumerated under these +respective heads will cease to be a matter of surprise, if measured by +the enormous scale of property above particularized. Although it is +supposed to amount to about _Two Millions_ sterling, it sinks to a +trifle, in contemplating the magnitude of the capital, _scarcely +reaching one per cent. on the value of property passing in transit in +the course of a year_. + +It is not, therefore, so much the actual loss that is sustained (great +as it certainly is) which is to be deplored _as the mischief which +arises from the destruction of the morals of so numerous a body of +people; who must be directly or collaterally engaged in perpetrating +smaller offences, and in fraudulent and criminal pursuits_. + +This, in a political point of view, is a consideration of a very +serious and alarming nature, infinitely worse in its consequences than +even those depredations which arise from acts of violence committed by +more atrocious offenders; the numbers of which latter have been shewn +to be small, in comparison with other delinquents, and not to have +increased in any material degree for the last 50 years; while +_inferior thefts, river-plunder, pillage, embezzlement, and frauds, in +respect to public property, coining base money, forgeries under +various ramifications, cheating by means of swindling and other +criminal practices, and purchasing and dealing in stolen goods_, have +advanced in a degree, commensurate to the great and rapid influx of +wealth, which has arisen from the vast increase of the commerce and +manufactures of the Country, and the general accumulation of property +by British subjects in the East and West Indies, and in foreign +Countries. + +The evils, therefore, are the more prominent, as they have become so +exceedingly diffused; and implicate in criminality numerous +individuals, of whom a very large proportion were formerly untainted +with any of that species of Delinquency, which now renders them, (for +their own sakes--for the benefit of their families--and for the +interest of public morals,) objects of peculiar attention on the part +of the Legislature, as well as the Police of the Country. + +The habits they have acquired are, doubtless, very alarming, as in the +destruction of their own morals, they also destroy those of the rising +generation; and still more so, as the existing Laws, and the present +System of Police, have been found so totally inadequate to the Object +of Prevention. + +Indeed it is but too evident, that nothing useful can be effected +without a variety of Regulations, such as have been suggested in +different parts of this Work. It is not, however, by the adoption of +any one _remedy_ singly applied, or applied by piece-meal, but by a +combination of the whole Legislative _Powers_, _Regulations_, +_Establishments_, and _superintending Agencies_ already suggested, +(and particularly by those recommended by the Select Committee of the +House of Commons _which may be considered as the Ground Work_) that +Crimes are, in any degree, to be prevented, or kept in check. And it +is not to be expected, that such Remedies can be either complete or +effectual, unless there be a sufficient Fund appropriated for the +purpose of giving vigour and energy to the General System. + +The object is of such astonishing magnitude, and the abuses which are +meant to be corrected, are of so much consequence to the _State_, as +well as to the _Individual_, and the danger of a progressive increase +is so evidently well established by experience, that it is impossible +to look at that subject with indifference, when once it is developed +and understood. + +It opens a wide field for doing good, to men of virtue, talents, and +abilities, who love their Country, and glory in its prosperity. Such +men will speedily perceive, that this prosperity can only be of short +duration,--if public morals are neglected,--if no check is given to +the growing depravity which prevails, and if measures are not adopted +to guard the rising generation against the evil examples to which +they are exposed. + +Philanthropists will also, in this volume, find abundant scope for the +exercise of that benevolence, and those efforts in the cause of +humanity, which occupy their attention, and constitute their chief +pleasure.--It is earnestly to be hoped, that it may produce an +universal desire to attain those objects, which are shewn to be so +immediately connected with the Public good. + +For the purpose of elucidating, in some degree, the dreadful effect of +the profligacy and wickedness, which have been opened to the view of +the Reader, and occasioned the perpetration of Crimes and offences of +every species and denomination, the following Estimate has been made +up from information derived through a variety of different +channels.--It exhibits at one view, the supposed aggregate amount of +the various depredations committed in the Metropolis and its environs, +in the course of a year. + +The intelligent reader will perceive at once, that in the nature of +things, such a calculation cannot be perfectly accurate; because there +are no precise data upon which it may be formed; but if it approaches +in any degree near the truth, (and the Author has discovered nothing +in the course of four years to alter the opinion he originally formed +in any material degree,) it will fully answer the purpose intended; by +affording many useful and important hints favourable to those +improvements which are felt to be necessary by all; though till of +late, understood by very few. + +It is introduced also (merely as a calculation) for the purpose of +arresting the attention of the Public, in a greater degree, and of +directing it not only to inquiries similar to those upon which the +Author has formed his conjectures; but also to the means of procuring +those improvements in the Laws, and in the System of the Police, which +have become so indispensably necessary for the security of every +individual possessing property in this great Metropolis. + + * * * * * + +AN ESTIMATE _of the Annual Amount and Value of the Depredations +committed on Public and Private Property in the Metropolis and its +Vicinity_, IN ONE YEAR. _Specifying the Nature of such Depredations +under Six different Heads, viz:--_ + +1. _Small Thefts_, committed in a little way by _menial Servants, +Chimney-Sweepers, Dustmen, Porters, Apprentices, Journeymen, Stable +Boys, Itinerant Jews, and others_, from _Dwelling-Houses, Stables, +Out-Houses, Warehouses, Shops, Founderies, Workshops, New Buildings, +Public Houses_, and in short every other place where property is +deposited; which may be specifically estimated and subdivided as +follows: + + _Tons._ L. + Articles new and old, of iron and + steel 5000 100,000 + + brass 1500 150,000 + + copper 1000 120,000 + + lead 2500 50,000 + + pewter, solder, and tin 300 35,000 + + Pewter pots, stolen from 5204 Publicans 500 55,000[189] + + Small articles of plate, china, glass + ware, sadlery, harness, and other + portable articles of house and table + furniture, books, tea, sugar, soap, + candles, liquors, &c. &c. &c. 100,000 + + Piece-Goods from shops and warehouses, + by servants, porters, &c. 50,000 + + Wearing apparel, bed and table + linen, &c. 40,000 + + Silk, cotton, and worsted yarn, embezzled + by Winders and others in + Spitalfields, &c. formerly 20,000_l._ a + year, now supposed to be 10,000 + ------ L.710,000 + + 2. _Thefts upon the River and Quays_, + committed in a little way on board + ships in the River Thames, whilst + discharging their cargoes; and afterwards + upon the Wharfs, Quays, + and Warehouses, when the same + are landing, weighing, and storing; + by glutmen, lumpers, jobbers, labourers, + porters, lightermen, boys + called mudlarks, and others employed, + or lurking about for + plunder, _viz._ + + Raw sugars, rum, coffee, chocolate, + pimento, ginger, cotton, dying + woods, and every other article of + West-India produce, estimated at + the commencement of the Marine + Police Establishment at 232,000_l._ + a year; but now reduced to 50,000 + + East-India goods, and merchandize + from Africa, the Mediterranean, + America, the Baltic, the Continent + of Europe, coasting trade, &c. &c. + 274,000_l._ now reduced by the + Marine Police Institution to 155,000 + + Ship stores and tackling, including + cordage, sails, tar, pitch, tallow, + provisions, &c. taken from above + 10,000 different vessels, estimated + at 100,000_l._ but now reduced since + the Establishment of the Marine + Police, according to Estimate, to 45,000 + ------- L.250,000 + + 3. _Thefts and Frauds_ committed in + his Majesty's Dock-yards and other + public Repositories, situated on the + River Thames; including the plunder, + pillage, and frauds, by which + public property (exclusive of metals) + is embezzled in the said stores, and + from ships of war. (Besides the + frauds, plunder and pillage, in the + Dock-yards, and from ships of war + at Chatham, Portsmouth, Plymouth, + &c. at all times enormous, + but especially in time of war; when + public property is unavoidably most + exposed, equal at least to 700,000_l._ + a year more:) making in all, one + million sterling, at least; but reduced + by the Marine Police from + 300,000_l._ to 200,000 + + 4. _Depredations_ committed by means + of burglaries, highway robberies, + and other more atrocious thefts, viz. + + 1. Burglaries by Housebreakers, in + plate, and other articles 100,000 + + 2. Highway Robberies, in money, + watches, bank-notes, &c. 55,000 + + 3. Private stealing, and picking of + pockets, &c. 25,000 + + 4. Stealing horses, cattle, sheep, + poultry, corn, provender, potatoes, + turnips, vegetables, fruit, + &c. in London and the Vicinity 100,000 + ------- L.280,000 + + 5. _Frauds_ by the coinage and recolouring + of base money, counterfeited + of the similitude of the current gold, + silver and copper coin of the Realm 310,000 + + 6. _Frauds_ by counterfeiting bank + notes, public securities, powers of + attorney, bonds, bills, and notes; + by swindling, cheating and obtaining + money and goods by false + pretences, &c. &c. 250,000 + ----------- + L.2,000,000 + +[Footnote 189: The Publicans in their petition to the House of Commons +(1796) estimated their loss at 100,000_l._ But there is some reason to +suppose this was exaggerated.] + + +RECAPITULATION. + + 1. Small Thefts L.710,000 + + 2. Thefts upon the Rivers and Quays 250,000 + + 3. Thefts in the Dock-yards, &c. in the Thames 200,000 + + 4. Burglaries, Highway-Robberies, &c. &c. 280,000 + + 5. Coining base Money 310,000 + + 6. Forging Bills, Swindling, &c. 250,000 + ----------- + Total L.2,000,000[190] + ----------- + +[Footnote 190: This sum will, no doubt, astonish the Reader at first +view; and may even go very far to stagger his belief: but when the +vast extent of the trade and commerce of London is considered, the +great quantity of money, Bank notes, and stationary or fixed property +of a portable nature, as well as moving effects, all which has been +estimated, exclusive of horses, cattle, corn, provender, fruit, +vegetables, &c. at two hundred millions sterling, (_See p._ 605.) it +will cease to be a matter of surprise, that under an incorrect System +of Police and deficient Laws, the depredations are estimated so high. +It would have equally attracted attention with a view to an +improvement in the Police, and of course have answered the Author's +purpose full as well to have reduced the estimate to _one half the +present sum_: but being solicitous to approach as nearly to the truth +as possible, he considered himself bound to offer it in its present +form, which after being four years under the view of the Public, not +only stands unimpeached; but altho' the Author himself, after the +additional experience he has acquired, has attempted a new +modification; and although the River Plunder is greatly reduced, the +aggregate remains nearly as before.] + +The foregoing Estimate, grounded on the best information that can be +procured, exhibits a melancholy picture of the general depravity which +prevails; and which is heightened in a considerable degree by the +reflection, that among the perpetrators of the crimes there +particularized, are to be numbered persons, who from their rank and +situation in life would scarcely be suspected of either committing or +conniving at frauds, for the purpose of enriching themselves at the +expence of the Nation. + +Avarice is ever an eager, though not always a clear sighted passion; +and when gratified at the price of violating the soundest principles +of honesty and justice, a sting must remain behind, which no affluence +can banish,--no pecuniary gratification alleviate. + +In contemplating these strong features of degraded Humanity, it cannot +escape the observant Reader, how small a part of the annual +depredations upon public and private property is to be placed to the +account of those Criminals who alone attract notice, from the force +and violence they use; and to whose charge the whole of the +inconveniences felt by the Public, is generally laid, namely, _common +thieves and pick-pockets; highway-men and foot-pad robbers_.--But for +this Estimate, it could not have been believed how large a share of +the property annually plundered, stolen, embezzled, or acquired in a +thousand different ways, by means _unlawful_, _unjust_, and _immoral_, +in this great Metropolis, is acquired by Criminals of other +descriptions; whose extensive ravages on property are the more +dangerous, in proportion to the secrecy with which they are conducted. + +Next to the evils which are experienced by the general corruption of +morals, and by the actual depredations upon public and private +property as now brought under the review of the Reader, by means of a +summary detail, it has been shewn, in the course of this Work, that +many pressures arise from the defects in the Laws relative to the +detection, trial, and conviction of Offenders, from the want of an +improved System respecting Constables, and particularly from the +deficiency of Jurisdiction in the City and Police Magistrates,--the +want of Funds to remunerate Officers of Justice, and to reward +Watchmen, Patroles, and Beadles, who may act meritoriously in +apprehending Delinquents; and lastly, in the trial of Criminals, for +want of a general _Prosecutor for the Crown_, to attend to the Public +interest, and to prevent those Frauds (in suborning evidence, and in +compounding Felonies,) whereby many of the most abandoned are let +loose upon Society, while those who are novices in crimes are often +punished. + +The next stated in the class of evils is, that which arises from the +Laws as they now stand, relative to _Punishments_.--Their extreme +severity, in rendering such a multitude of Crimes capital, which +Juries can never be made to believe are of that nature, in point of +actual atrocity, has proved a very serious misfortune to the Country, +in the administration of criminal Justice.--Because the punishment is +too severe, it frequently happens that the Delinquent is sent back +upon Society, encouraged to renew his depredations upon the Public by +his having escaped (although guilty) without any chastisement at all. + +It is unquestionably true, and little doubt will be entertained by any +who attentively examine this Work, that the dread of severe +punishment, in the manner the Law is executed at present, has not the +least effect in deterring hardened Offenders from the commission of +Crimes. + +An opinion seems to have been formed, that Crimes were to be prevented +by the severity of the punishment. That this opinion has been +erroneous seems to be proved by incontestable evidence adduced in +various parts of this Work; and elucidated by a variety of reasoning, +which it is hoped cannot fail to bring conviction to the mind of every +Reader, who will bestow time in the investigation of a subject of so +much importance to Society. + +Last, in the enumeration of the evils detailed, are those deficiencies +and imperfections, which arise from the _Police System_; as explained +in the 16th and 17th Chapters.--A variety of inconveniences, it +appears, originate from this source; and reasons are adduced to +demonstrate that the National Security, and Prosperity, are more +dependant on a well-regulated and correct System of Police, than has +been generally supposed; and that the adoption of the Plan of Police, +explained in the 18th Chapter, and recommended by the Select Committee +on Finance, would prove an inestimable blessing to the Country. + +Having thus briefly glanced at the Evils, detailed in this Work, it +now becomes necessary to lay before the Reader a similar collected +view of THE REMEDIES. + +In accomplishing this object, while the Author ventures to indulge a +hope that these which have been suggested, or at least a part of them, +may be brought in due time, under the consideration of the +Legislature, for the purpose of being enacted into Laws, or otherwise +carried into effect; they are now presented to the Reader under the +following heads, _viz._ + +I. THE PREVENTION OF THE PRESENT CORRUPTION OF MORALS; as originating +from ill-regulated Public Houses, Tea Gardens, Theatres, and +other places of Public Amusement; indecent Publications; +Ballad-Singers--Female Prostitution--Servants out of Place--The +Lottery; Gaming--Indigence, and various other causes. + +II. THE PREVENTION OF OFFENCES; and first of those denominated +_Misdemeanors_; such as Cheating and Swindling; Robbing Orchards; +Petty Assaults, and Perjury.--Next of Counterfeit Coinage; River +Plunder; Plunder in Dock-yards, &c. Lastly, of the Prevention of +Crimes in general, under _twelve_ different heads, specifying the +Remedies proposed on this subject in the course of the Work. + +III. AMENDMENT OF THE EXISTING LAWS; respecting the obtaining _Goods_ +and _Chattles_ under false pretences--Pawnbrokers--Forgeries--Receiving +Stolen Goods--Arson--Lodgers--Registering Lodging Houses--Plunder on +Houses--Gypsies--Milk--Speedy Trial of Offences committed within five +Miles of the Metropolis--Imprisonment for Debt, and Recovery of Debts +under 50_l._ + +CONCLUDING OBSERVATIONS. + + +SUMMARY VIEW + +OF THE + +_REMEDIES PROPOSED._ + +THE First Step to all improvements in Civil Society is that which +relates to the _Morals of the People_.--While in the higher and middle +ranks of life a vast portion of Virtue and Philanthropy is manifested, +perhaps in a greater degree than is to be found in any Country or +Nation in the World, it is much to be lamented, that among the lower +Classes a species of profligacy and improvidence prevails, which as it +applies to the Metropolis of the Empire, is certainly not exceeded in +any other Capital in Europe.--To this source may be traced the great +extent and increasing multiplication of Crimes, insensibly generating +evils calculated, ultimately, to sap the foundation of the State. + +The grand object, therefore, must be to devise means for the purpose +of checking, and gradually preventing the evils arising from the + + +CORRUPTION OF MORALS. + +To effect so valuable a purpose to the Community at large--to render +the labour of the lower orders of the people more productive to +themselves, and more beneficial to the Nation, recourse must be had to +that superintending System of _preventive Police_ which has been +recommended generally by the Select Committee of the House of Commons, +and which has been particularly detailed in the 18th Chapter of this +Treatise. + +It is thus by giving Police its true and genuine character, and +divesting it of those judicial functions which are the province of +Magistrates alone, that a proper line will be drawn between +_Prevention_, and those proceedings which lead to _Punishment_ after +an offence is actually committed. It is through this medium also that +a change is to be effected in the Morals of the People, calculated to +abridge the number of acts of delinquency, and to lead the +perpetrators gradually into the walks of innocence, sobriety, and +industry.--One of the first steps towards the attainment of these +objects will be a Systematic attention to + +PUBLIC-HOUSES. + +In the eleventh Chapter of this Work, the progress of the corruption +of Morals through this medium, from the Infant to the Adult, is +brought under the review of the Reader; and it is considered as of the +highest importance that general and apposite rules for the proper +conduct of those houses, now the haunts of vice and profligacy, should +be formed and recommended by a Board of Police to the Magistrates +acting in all the Licensing Divisions of the Country. The benefits +arising from an uniform and well-digested System might thus be +extended throughout the Country: and an accurate and permanent +administration of this branch of Police secured, thro' the medium of a +general _Center_, where responsibility should rest, and from which +the Licensing Magistrates should receive _information_, _assistance_, +and _support_, in whatever related to the proper regulation of +Alehouses, particularly in the Metropolis and the surrounding +Counties. + +Regular reports of the number of these Alehouses in each Licensing +District in proportion to the extent of population; and details of the +effects produced by an adherence to the general Rules which may be +prescribed, would lead to new and useful suggestions which must +ultimately give a favourable turn to the manners of the lower classes +of the people, not only with respect to the diminution of Crimes, but +also with regard to their domestic Comforts.--They would be rendered +more independent of Parochial aid; and above all, the education and +habits of the rising generation would be easily improved--_Apprentices_ +thus secured against the evil examples of which young minds are but +too susceptible, would enter upon life with dispositions differently +formed, and with that sort of bias which stimulates to industry and +virtue, instead of idleness, profligacy, and vice.--In this, as in +many other instances, the happiness and virtue of the individual are +intimately combined with the best interests of the state. + +Such prudent and discreet regulations would have a general tendency to +make Public-houses what they were originally intended to be by the +Legislature--_Places of mere refreshment_, and not haunts of idleness +as at present.--The resource now afforded by them to actual +_Thieves_, _Burglars_, _Pickpockets_, _Highwaymen_, _Swindlers_, +_Cheats_, _Gamblers_, and _Dealers_ in _Counterfeit Money_, would not +only be cut off, but those who have been accustomed to resort to these +Houses from the temporary want of employment:--such as persons broke +down by misfortune and indiscretion--servants out of place, and +strangers resorting to the Metropolis, would no longer be assailed by +those temptations which contribute in so great a degree to recruit the +gangs of Criminal Depredators. Nothing but a well-regulated Police, +under a proper System of Controul, can remedy those evils arising from +Public-houses, and it is earnestly to be hoped, that the Functions +proposed to be exercised by the Central Board of Police would effect +this valuable purpose. + +PUBLIC GARDENS. + +The corruption of Morals has been in a considerable degree promoted, +not only by the assemblage of lewd and debauched company who have of +late years crowded to Public Gardens; but also by the unrestrained +Licence which has been permitted in these places of amusement.--This +circumstance has not only called upon the Magistrates to refuse the +renewal of the Licenses to several of the Occupiers, Lessees, and +Proprietors, but it has precluded the more decent and respectable part +of the Public in the middle walks of life, from what might, under +proper regulations, be considered as an innocent and a desirable +recreation for the Inhabitants of an overgrown Metropolis.--Most of +the remaining Public Gardens have of late years fallen into disrepute, +to the injury of the Proprietors, who, under the present deficient +System of Police, have no means of protecting themselves against the +consequences of those irregularities which operate powerfully in +diminishing the number of visitors, upon which their emolument +depends. + +While profligate and debauched characters of both Sexes find not only +an easy access to these places of amusement, but also have permission +to insult Public Morals, by doing violence to the rules of decency and +decorum; it is evident that they must gradually cease to be desirable +as a recreation to the virtuous part of the Community; and there +appears to be no remedy but by means of _Police regulations_, +prescribing proper rules, with Officers appointed by the Central +Board, for the purpose of carrying them into effect.[191] Indeed, if +such places of resort were licensed only by the proposed Central +Board, it might be productive of the greatest advantages; and they +might be a fair Source of Revenue for Police purposes, to a certain +moderate extent. + +[Footnote 191: See pages 345, 346, and 347.] + +PLACES OF PUBLIC AMUSEMENT LICENSED BY MAGISTRATES. + +The general concourse of loose and immoral characters of both Sexes +who frequent the Summer Exhibitions, and the irregularities which are +unavoidable under such circumstances, tend in no small degree to the +corruption of Morals; and while it is admitted that such amusements +are necessary in great Communities, it is of the utmost importance +that they should not only be regulated by the Police, with respect to +the nature of the _Spectacle_ or _Exhibition_, so as clearly to +ascertain that it has no immoral tendency[192], but also that the +utmost decorum should be preserved by means of proper Officers acting +under the proposed Central Board.--This becomes the more important, as +a large proportion of the frequenters of these places of amusement are +of the middle and inferior ranks of life, and many of them very young +and susceptible of loose impressions, which renders it highly +necessary that authority should be vested only in the responsible +Board of Police, to grant or to refuse Licenses: to which a moderate +Revenue might be attached to defray the expence of a regulating +System. + +[Footnote 192: See page 348.] + +THE THEATRES. + +Without entering upon a discussion how far many of the Theatrical +Exhibitions which are brought forward tend to improve, or to injure +the Morals of the People--it is, at least, evident that the +unrestrained License which is permitted to Males and Females in the +walks of Prostitution in the Lobbies, and even in the Boxes of the +Playhouses, and the indecent behaviour and unbecoming language which +is frequently uttered in the view and hearing of the respectable part +of the Community who frequent these places of resort, with the younger +branches of their families, must tend in no inconsiderable degree to +the corruption of Morals.[193] It is, therefore, suggested that a +Police, applicable to this object, should be formed by the proposed +Central Board; and also for the purpose of effectually securing the +Public against the attacks and depredations of the hordes of +Pickpockets who infest the avenues of the Theatres, and have long been +a reproach to the Police of the Metropolis. + +[Footnote 193: See page 338.] + +IMMORAL AND INDECENT PUBLICATIONS, AND PRINTS. + +Nothing can exhibit in a stronger point of view the deficiency of the +Police System than the number of immoral Books which are published and +circulated, and the indecent Prints which are exhibited and sold in +the various streets of the Metropolis, all tending in no +inconsiderable degree to the corruption of Morals.--Let it once become +a part of the Functions of the proposed Board of Police to take +cognizance of these abuses, and they will soon cease to convey that +poison to young minds, which ultimately leads to dissolute manners and +loose conduct in the general intercourse of life. + +BALLAD-SINGERS. + +Since it has never been possible, under the existing Laws, to suppress +the herd of Ballad-Singers which are to be found in such multitudes in +every part of the Metropolis, and, indeed, in all the large Towns in +the Kingdom: and which at present are under the controul of a very +feeble Police, which does not, and indeed cannot, restrain effectually +the immoral, and often seditious tendency of the Songs sung to the +listening multitude--Why might not this lowest cast of amusement be +turned to good purposes, tending to counteract and prevent the +corruption of Morals, which are at present generated through this +medium? Under a responsible Board of Police such an object is +certainly attainable[194] and the present state of things points out +the policy and necessity of carrying it into effect. + +[Footnote 194: See page 349.] + +FEMALE SEDUCTION. + +In contemplating the excessive evils, and the dreadful consequences +which result from Female Seduction, whether it applies to married or +single women,[195] it would seem to be a matter of astonishment that +no punishment has been inflicted by the criminal Law, by which the +destroyers of innocence, and of the peace of families, could be held +up as public examples of infamy.--A corporal punishment, accompanied +with circumstances of obloquy and disgrace, is certainly not too +severe where a delinquent plunges a Female (whether married or single) +into a situation, in most instances, worse than death itself; since +when abandoned by her Seducer, she is not only exposed to the reproach +and contumely of the World, but subjected to herd with the phalanx of +Prostitutes who contribute so much to the corruption of Morals, and +where the miserable victim may be said to die, perhaps, _a thousand +deaths_ before her actual dissolution.--Surely an offence producing +such dreadful consequences should, as a mean of prevention, be marked +not only as an object of _Criminal Punishment_, but of _pecuniary +retribution_ to _the injured party_.--Were such a law in force, the +numerous instances of Female Seduction would be greatly diminished; +while the injured woman, under such unhappy circumstances, might, +after the Conviction of a Jury, have a fair prospect of being again +restored to her friends, and, perhaps, to Society. + +[Footnote 195: See pages 33, and 34.] + +FEMALE PROSTITUTION. + +In the 12th Chapter of this Treatise,[196] a general view is given of +the shocking corruption of Morals, which is generated by the vast +increase of common Prostitutes in the Metropolis.--It now becomes +necessary to explain the specific remedies which the Author had in +view for the purpose of lessening this enormous and afflicting evil. + +[Footnote 196: See pages 333 to 345.] + +Its magnitude, and the wrongs that result from it, are too vast and +extensive to admit of any common remedy.--The excellent Institution of +the Magdalen Hospital in the course of 40 years, has only been able to +reform or reconcile to their friends 2,217, out of 3,250 who have been +actually admitted within that period--and even some of these have +relapsed into their former errors: though others, who have been +discharged at their own request, have behaved well. + +But when a survey is taken of the aggregate number of unhappy women +who have entered the walks of Prostitution within the last 40 years in +the Metropolis, succeeding one another perhaps, every 13 years upon an +average, it is probable that from 80 to 100,000 have passed through a +miserable life, the irreclaimable victims to this debasing turpitude, +without the means of rescuing themselves from a situation so pitiable +and calamitous. + +The fact is, that the evil is of too great a magnitude to admit of a +cure through the medium of private benevolence.--Relief without +_reform_, and _reputable employment_, or reconciliation to relations, +will do nothing towards a diminution of the evil.--It will require an +extensive System and a corresponding expence, which can only be +compassed by a Police applicable to this particular object, aided by +appropriate regulations. + +After the maturest consideration of the subject, the Author ventures +to offer the following Propositions as the most likely, in the first +instance, to excite a desire in many of those unhappy women to alter +their degrading course of life, and to facilitate their introduction +into situations, where, through the medium of a reconciliation with +their friends, or otherwise, at least a considerable part might be +restored to Society who are lost at present; while, under the +regulations hereafter proposed, the streets of the Metropolis will no +longer hold out allurements to vice and debauchery, ruinous to the +Morals of youth, and disgraceful to the Police of the Metropolis. + + 1st. It is proposed, with a view to prevent common + Prostitutes from walking the streets to assail passengers, + and promote the Seduction of Youth, that a Select Body of + discreet Officers should be appointed, under the direction + of the Central Board, who should apprehend all who can be + clearly ascertained to be in pursuit of objects of + Prostitution.--That each should be conveyed to their + respective homes, and when the Landlord's name, or the + person to whom they pay rent or lodging, is by that means + ascertained; that such person's name and place of abode, and + the names of his or her lodgers be registered, and a penalty + of 10_s._ for the first, and an advance of 5_s._ more for + every additional offence, be inflicted on each hirer of + Board or Lodgings for every Female apprehended in the + Streets, upon proper proof of an overt-act leading to + Prostitution. + + In all cases where Prostitutes refuse to discover their real + place of abode, they shall be detained in a house to be + provided for their reception until such discovery be made. + + 2d. That every male person who shall be proved to have made, + or to have accepted, overtures from any Female walking the + Streets, shall in like manner be apprehended, and shall give + security for his appearance before a Magistrate next day, or + be detained in the Watch-house, and shall, on conviction, + forfeit and pay a penalty of _Twenty Shillings_. + + 3d. That for the purpose of holding out encouragement to + that class of unfortunate Females who have been abandoned by + their Seducers, and whose minds are not yet debased by an + indiscriminate intercourse of Prostitution; and also such + others as may have friends likely to assist them, _Twelve_ + or more _sensible and discreet Matrons_ shall be appointed, + under the Board of Police, with a moderate Salary, and + residing (with proper accommodation) in different parts of + the Town, on whom it shall be incumbent to receive into + their houses, and to provide a temporary residence for every + unfortunate Female who may apply, for the purpose of stating + her case, with a view to a reconciliation with her friends, + and to the exposure of her Seducer, as a check upon such + acts of villainy hereafter.--That it shall be the duty of + the Matron, after being mistress of the whole case, to open + a negociation with the nearest relations or friends of the + unfortunate Female, and to use every means to effect a + reconciliation; or where that is found impracticable, to + endeavour to procure her some reputable employment. + + And as an encouragement to such Matrons, to use all + diligence in promoting the object in view, they shall be + entituled to a certain premium from the Police funds, + (independent of what private Societies of benevolent + Individuals may be induced to bestow,) for every unfortunate + Female who shall be thus rescued from the walks of + Prostitution: to be paid at the end of 12 months, in case + such Female shall then be in society with her relations, or + in some reputable employment, and shall not have relapsed + into her former course of life.--That these Matrons shall be + distinguished for talents and humanity, and shall be capable + of exercising such powers as could, in other instances, be + employed to promote reconciliation with relations and + friends; and also to devise employments by which the + unfortunate persons, _ad interim_, under their care should + be able to subsist, by taking in _Military Shirts_, + _Slop-work_, and other branches of Female labour; to procure + which, it is not doubted, but Societies of benevolent + Individuals would contribute their aid, so as to secure, at + all times, the means of full employment for all the various + applicants in succession. + + In so noble a work of humanity, especially when it is + understood that the labour of the Matrons would be + remunerated by such a moderate Salary, as might be an object + to many deserving well-educated women, little doubt can be + entertained of there being many Candidates for such + Situations, who, from having no family, would be perfectly + competent to the execution of so benevolent a design. + + 4th. That with a view to the reformation of Prostitutes who + have no relations or friends, or in cases where a + reconciliation is hopeless, and who may be disposed to + abandon their evil courses, _Houses of Industry_ shall be + provided in different parts of the Town, with large Kitchens + for the purpose of preparing wholesome and nourishing food + at a cheap rate, into which all who apply for an asylum will + be received; on condition that a true and faithful account + of the various circumstances of their lives shall be given, + and that they agree not only to submit to the discipline of + the Establishment, but also to perform such labour as shall + be assigned them for their subsistence, lodging and apparel. + That these _Houses of Industry_ shall also be superintended + by _discreet Matrons_, who shall receive a moderate Salary, + and a certain portion of the profit, arising from the work + done, and a premium for every Female restored to Society, + or to their friends by their means; and in honest employment + or living with relations, for the space of 12 months, in + addition to such other premiums as benevolent Societies of + Individuals may choose to bestow, in consequence of the + impression made on their minds of the utility of such + Establishments, and the success which may appear to attend + them. + + 5th. That all the laws now in being against Prostitution, + and against the Keepers of Brothels, shall remain in full + force; with this alteration only, that instead of proceeding + against Offenders in the latter case, by the difficult, + expensive, and circuitous mode of Presentment and + Indictment, which has heretofore proved so ineffectual, the + proceedings shall be _summary_ before two Magistrates, as in + Lottery and other offences, and the Delinquents if convicted + shall be subject to immediate punishment. + +These are the regulations which the Author would humbly propose, as a +mean [Transcriber's Note: means] of preventing the disasters and +miseries which arise from Seduction, and of diminishing the number of +Prostitutes in this great Metropolis.--Perhaps, after the experiment +is tried of the House of Industry, it might be expedient to convert +the whole into a large Penitentiary House, where only unfortunate +women should be admitted.--The suggestions which are now offered, +appear to be not only easy with respect to their execution, but +likely to be compassed at a moderate expence.--They are, however, to +be considered as mere outlines of a practicable design, which should +certainly precede the removal of the unfortunate Females from the +Streets, as humanity points out the necessity of offering them +asylums: since by suddenly abridging their present resources, however +iniquitous and reprehensible they may be, without such asylums, it +would certainly be the means of many of them perishing for want. + +The object to be attained is of vast importance; but it is too +unwieldy for the efforts of private benevolence, and certainly cannot +be accomplished through any other medium than that of _Public +Institutions_, under the protection of a Superintending Police. + +MENIAL SERVANTS. + +Among the various evils, which, in the present state of Society, tend +to the corruption of Morals, the state and condition of Menial +Servants, Male and Female, are none of the least; particularly those +who are out of place, and who swarm in multitudes, idle and +unemployed, at all times in this great Metropolis.--This is chiefly to +be attributed to the want of those legal restraints and punishments +for improper behaviour, which apply to other classes of labourers. + +Such regulations, independent of infinite advantages which must, in +other respects, arise to the Community, would be _an act of great +humanity to the Individuals_ who compose this class; since they would +check, or in most instances prevent, those indiscretions which are the +result of being under no controul, and by restraining the influence of +ungovernable and ill-regulated passions, would produce that degree of +steadiness which is the characteristic of a good Servant; and of +course the constant disposition to shift about would not be felt, +while they would be rescued from the vices which are generated at +those intervals of idleness, when Servants, Male and Female, out of +place, are exposed to every species of Seduction, till at length, by +loss of character, they too frequently become Thieves and +Prostitutes.[197] + +[Footnote 197: It is calculated that there are seldom less than Ten +Thousand Servants of both Sexes, at all times out of place in the +Metropolis. This shews, in strong colours, the importance of the +regulations which are proposed.] + +It would certainly promote in an eminent degree the cause of Morality, +if the whole Laws respecting Servants of every description were +revised, and accommodated in a greater degree to the present state of +Society. Some of them might perhaps be stript of their severity; while +the penalties or breaches of moral duty, and a refusal to fulfil a +civil contract, or Conspiracies and Associations for mischievious +purposes, ought certainly to apply to menial Servants, in the same +manner as to Servants in Husbandry, Handicrafts and Labourers. A +general exclusive Register of Servants out of place, under the +inspection of an appropriate branch of the general Police System, +would also have an excellent effect in bringing to light the evil +pursuits of bad Servants; while it operated favourably to those who +were deserving of confidence. Much might be done through this medium, +favourable both to the interest of the Master and Servants; and this +with many other benefits are to be attained, by means of a +Superintending System of Police. In no other way can it be +effected.[198] + +[Footnote 198: See page 150.] + +THE LOTTERY. + +In spite of the persevering efforts of Government, who incur a great +annual expence[199] for the purpose of restraining the baneful effects +of illegal Insurances among the lower classes of the people, the evil +still continues; _its consequences are lamentable_, for the delusion +of this infatuation tends, in a very eminent degree, to the corruption +of morals, producing scenes of distress, by which thousands suddenly +descend from a state of comfort to extreme indigence.--In the 6th +Chapter of this Treatise, a general view is given of the effects of +this contagion, and various remedies are proposed, which, under the +conduct of a Board of Police, would certainly be effectual; while the +Revenue drawn from the sale of Tickets might certainly be preserved. +In the mean time, the following are suggested as useful expedients:-- + + 1st. That in every Parish and District in the Metropolis, + Masters, and heads of Families, should sign and publish an + engagement to discharge all Servants who shall be concerned + in Insurances in the Lottery; to be printed and hung up in + every Servants' Hall and Kitchen, that none might pretend + ignorance. + + 2d. That all Members of Friendly Societies, should, by a + regulation of their own, and enforced by Parliament, be + excluded from the benefits of such Societies, on being + convicted of any concern whatever in such Insurances.[200] + +[Footnote 199: Said to be above Two Thousand pounds a year.] + +[Footnote 200: See page 151 to 170.] + +GAMING. + +The magnitude and extent of the pernicious propensity to Gaming have +at all times proved a prolific source from whence has sprung an +extensive corruption of morals. The reader is referred to the 6th +Chapter of this work for details, which will fully elucidate the +baneful effects of this evil, in generating _Cheats, Swindlers and +Sharpers of every description_. For the purpose of more effectually +checking this mania, and the consequences which flow from it, it might +be expedient to extend the Laws now in being respecting Lottery +vagrants, _to the Proprietors or Keepers of Gaming-Houses, and also to +the Waiters, Servants and Assistants, who, on being apprehended, +should, on proper proof, be punished as rogues and vagabonds_.--It +is, however, by the operation of the General Police System, that this +and other evils are to be checked or remedied. + +THE LOWER CLASSES OF THE JEWS. + +Nothing would be more desirable than the adoption of some effectual +plan, through the medium of the opulent and respectable individuals of +the Jewish persuasion, whether of the Dutch or Portuguese Synagogues, +by which the lower classes, particularly of the German Jews, might be +regularly trained to some useful employment, since their present +pursuits not only tend, in an eminent degree, to the corruption of +Morals, but also to the commission of Crimes; and under circumstances, +where the necessity of the case imperiously calls for a remedy, +Legislative regulations might be resorted to; which might not only +better the condition of this miserable class of the community, by +compelling parents to bind their children to some employment, but also +render them useful, instead of being too generally noxious members of +the Body Politic,[201] from the idle and useless pursuits in which +they are engaged. + +[Footnote 201: See pages 319 to 323, Chap. 11th.] + +INDIGENCE AND BEGGARY. + +The various causes which produce Indigence in the Metropolis, +discoverable through the medium of Beggary or Idleness, tend, in an +eminent degree, to the corruption of Morals, and the consequent +increase of Crimes.--In the 13th Chapter of this Treatise this subject +is examined, and _a remedy proposed_, through the medium of a _Pauper +Police_, for the purpose of examining into the circumstances of the +numerous class of individuals who have no parochial settlements in the +Metropolis, or perhaps in any part of England, and are, from that +circumstance, denominated _Casual Poor_.--There could not be a greater +act of humanity to these often afflicted, and sometimes oppressed +individuals, or of greater utility to the Public at large, than the +establishment of a System whereby the most deserving could be propt +up, rescued from despondency, and enabled to help themselves; while by +discriminating between the _virtuous_ and _vicious_ poor, a proper +line might be drawn, and the streets of the Metropolis freed from the +multitude of Beggars, without doing violence to humanity.[202] + +[Footnote 202: See pages 351 to 380.] + +Various other causes might be assigned for the general corruption of +Morals, which has in so great a degree increased the calendars of +delinquency.--Among these might be mentioned _Smuggling_, or illicit +Trade; the evil examples arising from an indiscriminate _mixture in +Workhouses_ and Prisons; the profligate examples of parents, and the +want of religious and moral education, so universal among the children +of the labouring people.--And the too frequent cohabitation without +marriage among the lowest classes of the Community. These, like other +evils, which have been more particularly detailed, are objects to +which the proposed Police System would gradually attach, and through +which preventive medium the Public are to expect those ameliorating +designs, which are to secure the privileges of innocence, and better +the condition of Society. + + +PREVENTION OF OFFENCES. + +_MISDEMEANORS_. + +CHEATING AND SWINDLING. + +The 5th Chapter of this Treatise developes the extensive mischiefs and +evils which arise from the phalanx of Cheats and Swindlers who infest +the Metropolis.--There appear to be two remedies, namely-- + + 1st. To look accurately at the evil in all its branches, and + then to improve the two Statutes now in being[203] by + framing an act of Parliament that would include all the + various cases which have been shown to have occurred, where + the barrier of common honesty is broken down.--These cases + are detailed from page 115 to 132. + + [Footnote 203: 33 Henry VIII. cap. 1. and 30 Geo. II. cap. + 24.] + + 2d. The Establishment of a Board of Police on the plan + detailed in the 18th Chapter of this Work, with functions + calculated to check and prevent this evil, by giving to + Police the full energy of the Law. + +STEALING FRUIT FROM ORCHARDS, &C. + +This offence is only punishable by the act of 43 Eliz. c. 7. by +compelling the party to refund the value of the fruit stolen, or in +default suffer the punishment of whipping, which never takes place, as +the small value of the fruit detected is always paid. It is probable +at that early period Fruit was not a species of property of much +consequence.--The case is, however, different at the present time, and +surely it would not be thought too severe to place this offence on the +same footing as stealing Cabbages, Turnips, &c. + +ASSAULT AND BATTERY. + +It would seem to be a great improvement in the Police, if Magistrates +in Petty Sessions had a power finally to determine on offences +denominated Assaults--Subject, however, to an appeal to the Quarter +Sessions.--It would even be an act of humanity to the labouring +people, who are often imprisoned from the time of the charge till the +Sessions, when a confinement of a shorter duration might atone for the +offence.--It would likewise save much trouble and expences to the +parties, and the time and attention of Courts and Juries would not be +wasted by matters extremely frivolous; but by which a certain expence +is incurred, and a loss of valuable time to the parties, who are not +seldom both in the wrong. + +PERJURY. + +This shocking offence, particularly prevalent among the inferior ranks +in Society, is to be attributed in no small degree to the want of +proper _solemnity_ and previous explanation on the administration of +oaths.--Nothing can exceed the unimpressive and careless manner which +is in practice in calling upon witnesses to make _this solemn appeal +to the Supreme Being_.--It would seem highly necessary that all oaths +should be administered in the most impressive manner by the Judge, and +that a form should be devised, calculated in the greatest possible +degree, to impress upon the mind of the party a high sense of the +obligation he or she has come under to speak the truth. + +On the whole, it may be asserted that nothing could tend to improve +the Police of the Country and the Metropolis more than a general +revision of the Laws respecting Misdemeanors, and particularly the Act +of the 17 Geo. II. cap. 5. and subsequent Acts respecting vagrants, +and rogues and vagabonds; so as to assimilate them in a greater degree +to the present state of Society, and to render their execution more +certain and beneficial to the Community. + +PREVENTION OF THE COINAGE OF BASE MONEY. + +In the 7th Chapter of this Work, the various modes in practice, by +which the Public is defrauded by the coining, fabricating, and +colouring of Base Money are fully developed, and specific Remedies +proposed from page 195 to 210, to which the Reader is referred. + +A confident hope is entertained, that those Remedies will speedily be +brought under the consideration of Parliament, in the form of a +Bill.--If this should be passed into a Law, and accompanied by a new +Coinage of Silver, and aided by the energy of an appropriate Police, +little doubt can be entertained of the measure being effectual in +securing the Public against the enormous evil of Counterfeit Coin. + +PREVENTION OF PILLAGE AND PLUNDER ON THE RIVER THAMES. + +The 8th Chapter of this Treatise displays not only the immense +importance of controlling the evil habits of aquatic labourers and +others on the River Thames and in the Warehouses adjacent; but also +the advantages to be expected _from a general Police System_; +reasoning on the extensive success which has attended the partial +experiment on the same principle _of vigilance_ applied to this +object. + +The extensive benefits which are known and acknowledged to have been +derived from the _Marine Police_ (even under all the disadvantages of +a _Crippled System_ and _Deficient Powers_) joined to a review of the +state of the River _before_ and _since_ this important measure was +adopted, afford the best proof that can be adduced of its utility; and +also of the indispensable necessity, not only of immediately +perfecting a System, by which the Commerce and Revenue of the Port of +London have been in so great a degree secured; but also of extending +the same beneficial designs, wherever the state of things require a +similar antidote. + +It remains only for the Legislature to pass a Bill which has been +prepared, grounded on more than a year's experience of the powers and +regulations requisite for the purpose of giving full effect and +permanency to this important Establishment, in order to secure to the +Commerce and Revenue of the River Thames, those advantages which will +arise from the Preservation of Property against the numerous and +unexampled Depredations to which it was exposed; and the Revenue of +the Crown from many frauds which arose not only from the loss of the +Duties of Customs and Excise on goods plundered, but also from an +extensive illicit trade, which has been controlled and prevented by +the known vigilance of the River Guards, particularly during the +night. + +If to those advantages shall be added an increase of Salaries to the +inferior Officers of the Customs and Excise employed on the River, the +renovated morals and improved habits of multitudes heretofore deeply +implicated in a species of turpitude, hurtful in the extreme to the +Public interest, will become no less a matter of triumph than +advantage to the Government of the Country. Every individual +concerned in the Commerce of the Port, will rejoice to see so useful +an Institution supported and rendered permanent by that Legislative +Aid, upon which its ultimate success must in a great measure depend. + +An evil of unexampled magnitude existed, for which an effectual remedy +has been found:--not in _Speculation_, but proved in _Practice_ to +answer the purposes of _future security_. + +Let the Legislature, therefore, avail itself of the measures which are +proposed, by which incalculable benefits will be extended both to the +_Commerce_, _Revenue_, and _Police_ of the Port of London, especially +when strengthened and invigorated by a Central Board. + +PREVENTION OF PLUNDER OF PUBLIC STORES: IN SHIPS OF WAR, DOCK-YARDS, +&C. + +The collateral Influence of the Marine Police System, in checking in +an eminent degree, the Embezzlements and Pillage of his Majesty's +Stores in Ships and Public Arsenals, within the limits of its +Jurisdiction, is the strongest proof which can be adduced of what may +be expected by applying a similar System to all the Dock-yards in the +Kingdom. In the 9th Chapter of this Treatise, the _Evils_ and the +_Remedies_ are so minutely detailed as to render a reference only +necessary to pages 264 to 287.--If the measures there suggested shall +be adopted by the Legislature and the Lords of the Admiralty, little +doubt can be entertained of complete success in securing the Public +Property (_unparalleled in point of extent in any nation in the +world_)[204] against those Frauds and Depredations to which it has +heretofore been exposed to a very large amount annually. + +[Footnote 204: The floating Public Property is estimated, including +Ships of War, Naval, Victualing, Ordnance and Military Stores, in time +of War at upwards of Forty Millions sterling.] + +PREVENTION OF CRIMES IN GENERAL. + +It has been demonstrated in the course of this Work, that the more +atrocious offences of Highway and Footpad Robberies, Burglaries, and +other acts of Felony[205] may be greatly diminished, if not nearly +annihilated by improved Laws and a responsible Agency, through the +medium of a well-regulated Board of Police to carry those Laws into +effect. + +[Footnote 205: See Chapters III. and IV.] + +It must, however, be obvious to the Reader, from what has been +repeatedly stated, that it is not by any _single regulation_, nor by +any portion of civil strength, however well it may be systematized, +that this desirable object is to be effected. + +Success in any material degree is only to be expected from a +_combination of the various controlling regulations which have been +proposed, with a vigorous and energetic civil force_, and a correct +and pointed execution of the Laws and Regulations, upon which the +Preventive System is founded.--These _Regulations_ may be summed up +under the following heads: + + 1st. The adoption of eight propositions contained in the + 10th Chapter, pages 303 to 307, relative to _the Receivers + of Stolen Goods, &c._ + + 2d. An improved mode of granting rewards to Officers of + Justice and others, for meritorious services, in the + detection and conviction of Offenders--as elucidated and + explained in Chapter XIV. pages 390 to 396. + + 3d. An improved and modernized System, with respect to + Parochial Constables, so as to restore to the Community the + original efficacy of this useful Institution--as explained + in Chapter XIV. pages 401 to 410. + + 4th. An improved System also, with respect to Watchmen and + Patroles--with a view to render this branch of the Police + _efficient_, and to insure to the Public, that vigilance and + protection to which the expence they incur justly intitles + them. + + 5th. An extension of the Jurisdiction of the City + Magistrates, over the whole of the Metropolis and the four + adjoining Counties, and a power to Police Magistrates to + issue Search Warrants, and to follow and apprehend persons + charged with offences, who take shelter within the limits of + the City of London--as explained in Chapter XIV. pages 418 + to 420. + + 6th. The appointment of a Prosecutor for the Crown to + obviate the difficulties which occur at present in bringing + Offenders to Justice; and which is elucidated and explained + in the 15th Chapter, particularly in pages 426 to 432. + + 7th. The Establishment of certain general Rules and + Conditions, according to which the Royal Mercy might be + extended to Offenders, on terms beneficial to themselves and + to the Community--as explained in the 16th Chapter, pages + 450 to 452. + + 8th. An improved System with respect to the Punishment of + Convicts, by means of Penitentiary Establishments, + calculated to insure the reformation of Felons, and to + render this class useful afterwards to the Community--as + explained in the 16th Chapter, pages 481 to 494, and 497 to + 500. + + 9th. General Rules laid down with respect to different modes + of Punishment, under six heads, page 495 to 497, with an + immediate view to render them more useful in the Prevention + of Crimes. + + 10th. An improved System of Police, aided by competent + Funds, and an extension of the Police Establishments, under + the 32 Geo. III. (1792) to the City of London--as explained + in Chap. XVII. pages 509 and 514 to 523. + + 11th. By the adoption of the General System of Police, + recommended by the Select Committee of the House of Commons, + and explained in Chapter XVIII.--By licensing and regulating + certain dangerous and suspicious Trades therein specified; + and by raising a Revenue for Police purposes, from persons + who shall be thus controlled.--See pages 536 to 546. + + 12th. By the Establishment of a Board of Police Revenue, who + shall exercise the specific Functions detailed and explained + in Chapter XVIII. pages 546 to 559: and finally, by an Act + of Parliament, authorising such a system, the heads of which + and the elucidating observations are also specified in pages + 560 to 564. + +Let these measures only be adopted by the Legislature, not by +_piece-meal_, but _in the gross_; and little doubt need be entertained +of the most beneficial effects being experienced by the innocent part +of the Community, whose privileges will be extended, in proportion as +the Licence which an imperfect Police afforded to Robberies, +Burglaries, and other acts of violence on the person and property of +the peaceful subject is abridged. + +The General Police, and the powers of making it effectual, will then +be a charge committed to responsible Agents; whose duty it will be to +penetrate into all its mazes, and to accomplish its purposes by a +variety of Regulations, all tending to embarrass, and to render +difficult and hazardous, the pursuits and operations of +Criminals.--Experience will suggest modifications, which, aided by +competent funds, must in a short time attain that point which shall +establish _Security_.--But this is not all--Without taking large sums +(as at present) from the Revenue of the Country, the effect of the +System will unquestionably be, to add to its resources in the +diminution of the enormous expence now incurred in the punishment of +Convicts;[206] and which still must continue a burden on the Finances +of the Country, until the General Police System is fully (not +partially) in activity. + +[Footnote 206: See Chapter VI. page 430, where it is stated, that in +25 years about 15,000 Convicts have cost the Nation no less than +1,663,974_l._] + +It will collaterally extend to every thing that can improve the Morals +of the People, and better the condition of Human Life.--Its influence +will be felt by giving vigour to the Systems proposed for checking all +Misdemeanors, for securing Commercial Property, and also the Public +Stores, from embezzlement and depredation; while the offences against +the Mint Laws, under the new Regulations which are suggested, will +tend much to the prevention of that enormous evil. + + +AMENDMENT OF THE EXISTING LAWS. + +When in addition to the adoption of the foregoing measures, further +improvements shall be made in the Laws now in force, or perhaps a +general consolidation of the whole Criminal Code be effected, so as to +render the System more simple, and in a greater degree applicable to +the attainment of the ends of Public Justice, great indeed will be the +blessings conferred on the Metropolis, and on the Nation at large. + +The celebrated Lord Bacon denominated them almost two centuries ago, +when they were much less voluminous, and infinitely more simple than +at the present day-- + + "An heterogeneous mass, concocted too often on the spur of + the occasion, and frequently without that degree of + accuracy, which is the result of able and minute discussion, + or a due attention to the revision of the existing Laws." + +But voluminous as they certainly are, many omissions are apparent, +partly arising from the causes assigned by the able Lawyer whose +strictures have been just quoted, and more particularly from the rapid +changes, which Commerce and Property have made in the state of +Society. + +Among these, the following have occurred to the Author as highly +deserving attention.-- + + 1st. The Act of the 30 Geo. II. cap. 24. makes it a + transportable Misdemeanor, to obtain _Goods_ or _Chattels_ + by false pretences.--But as _Horses_, _Cattle_, _Poultry_, + _Bank Notes_, _Bills of Exchange_, or _Notes of Hand_, + although equally objects of Fraud, are not deemed in Law to + be _Goods_ or _Chattels_, offences of equal, if not of + greater magnitude, are not within the meaning of the + Statute, and hence appears the necessity of an Amendment. + + 2d. The present Act relative to Pawnbrokers is extremely + deficient, and not only in several important points + ambiguous; but also inapplicable in a variety of instances + to the general views of the Legislature, as they regard the + security and interest of the Poor, while in others, perhaps + unnecessary and useless restrictions are imposed on the + Pawnbrokers themselves. + + 3d. As the Laws respecting Forgeries now stand--the act of + forging the Firm of a Commercial House, and obtaining goods + on the Credit of such Firm, is only punishable as a + Misdemeanor; although in this case this offence is of a + tendency _the most dangerous that can be conceived_, in a + Commercial Country, where (from the unbounded confidence + which prevails) it is so easy to obtain credit. + + A case occurred and came under the cognizance of the Author + in 1796, where a Swindler assuming the Firm of a respectable + House in Bristol, ordered goods from Manchester to be sent + to Portsmouth, where the person (committing the Forgery) + stated, that one of the Partners meant to go to meet + them.--Two parcels of goods were obtained by this device, + and immediately sold at half the value by the Sharpers, + which led to a discovery, and enabled the Author to guard + the unsuspecting Manufacturers in York and Lancashire, + against the injuries they were likely to sustain, by the + operation of a very complicated and artful conspiracy to rob + them of their property to a great amount. + + 4th. The Receiving of _Cash or Specie, Bank Notes, Bills of + Exchange, or Notes of Hand, knowing the same to be stolen_, + is not at present a Criminal Offence: In a Commercial + Country where such offences may be productive of much evil + to Society, Why should not the Law extend to every species + of Property in the same manner as to Goods and Chattels? + + 5th. Although Arson is considered (and justly so) as a high + Criminal Offence, yet the offence of a person setting fire + to his own house, with a view to defraud the Insurers, is + considered only _a simple Misdemeanor_, and punished as + such; and where a house at a distance from others is set on + fire so as to occasion no danger to the neighbourhood, _it + is not an Offence known in the Criminal Code_, even although + it may appear to have been done for the purpose of + defrauding the Insurers. + + With a view to the prevention of this very atrocious crime + (of which there have been but too many instances of late + years) it would seem right that it should be _clearly + defined_; and that it would not be too severe to punish + offenders by Transportation; since in all cases, where the + fire extends to a neighbouring house the offence of Arson is + committed, and the punishment is Death. + + 6th. Much inconvenience is at present experienced from the + circuitous and expensive process of Law, which must be + resorted to for the purpose of removing bad and profligate + _Lodgers_.--In cases of small concern, where the rent does + not exceed a few shillings a week, it would be an act of + great humanity to empower Magistrates to decide in a + summary way.--It would check that spirit of litigation, + which is the destruction of the Labouring People. + + 7th. As a means of controlling many offences, which are + generated by an assemblage of loose and immoral characters, + who are constantly afloat in the Metropolis, _a General + Register of Lodging-Houses_, would certainly be attended + with very beneficial effects: and to use the language of the + Select Committee of the House of Commons in their 28th + Report, page 31,--would also "be a Regulation, which, if + discreetly used, might probably afford the means of + materially assisting both the Police and the Revenue."[207] + + [Footnote 207: See pages 105 and 539 in this Work.] + + 8th. The extensive Plunder committed on the Farmers round + the Metropolis, under the pretence of _Gleaning in Harvest_ + is a very serious evil, and calls aloud for a remedy.--The + practice is pernicious and ruinous to the Morals of the + Families of the Labouring People in every part of the + Country, since through this medium children learn pilfering + habits, before they know that it is a crime. + + A slight punishment on all who gleaned in any case previous + to a complete removal of the corn or vegetables, and on + every occasion, without first obtaining leave of the + Proprietor, would prove a very salutary Regulation--for it + appears that every Thief charged with stealing corn pretends + it was obtained by _Gleaning_. + + 9th. The existing Laws being found ineffectual in + controlling the habits, and in turning into a course of + useful industry the labour of the herds of Gypsies, who + surround the Metropolis, and commit depredations in every + part of the Country, it would be exceedingly desirable,[208] + both with respect to policy and humanity, to provide some + effectual Legislative Remedy, since the idle, vagrant, and + miserable life of this profligate community can be as little + desirable to themselves as it is hurtful to the + Public.--Compelling a residence which shall be _stationary_, + and obliging them to bind out their children apprentices at + a certain age, so as to incorporate them with the mass of + the people, would certainly prove a very salutary + Regulation. + + [Footnote 208: See pages 84, 5.] + + 10th. The frauds and adulterations in the article of _Milk_ + sold in the Metropolis, as detailed in the 3d Chapter of + this Work, pages 89 to 92, seem to justify the interference + of Parliament for the purpose of placing _Milk Dealers_ + under the inspection and controul of the Police: Here the + injury is not merely confined to the frauds thus practised + on the Public, but the healths of the Consumers are in some + measure endangered from the infamous devices which are + practised. + + 11th. For the purpose of saving much unnecessary expence, + and also to remove the inconvenience arising from the length + of time, which frequently elapses before persons charged + with offences, in Southwark, Greenwich, and the villages + surrounding the Metropolis, make it lawful to try offences + committed in Surry, Kent, and Essex, within five miles of + the three Bridges, at the Justice Hall of the Old Bailey, + which may be done before a Jury of the Vicinage, with great + advantages to Public Justice, and without touching on the + rights of the Accused.[209] + + [Footnote 209: See pages 428 and 429.] + + 12th. To establish certain Legislative Regulations, for the + purpose of preserving the Morals of unfortunate unoffending + families, by restoring to them such parents whose + misfortunes and not their crimes, have doomed them to the + horrors of perpetual Imprisonment.--And to establish + arrangements for the improvement of what may be denominated + _Civil Police_, by adopting inferior Tribunals for + distributing Justice in all actions of Debt under 50_l._ for + the purpose of reducing the present enormous expence, and + extending relief to traders in general.[210] + + [Footnote 210: See pages 584 to 590.] + + * * * * * + +Thus has the Author of this Work endeavoured to develope that infinite +variety of crimes and misfortunes, which have been long felt and +deplored as a pressure upon the innocent part of the Community. + +In travelling over so extensive a field, where almost every step is +stained with turpitude and depravity, no little consolation is derived +from being able thus to place upon record _practicable Remedies_, +applicable to the chief part of the evils, which have been brought +under the review of the Reader. + +Nor is it less a matter of gratification to the Writer of the +preceding pages, than it must be satisfactory to the Public at large, +to discover that the leading features of the whole improvements which +he suggested in the preceding editions of this Work, _have attracted +the notice, and received the sanction of the Select Committee of the +House of Commons_. + +The conclusion which may naturally be drawn is, that the laborious +efforts of the Author in bringing a new and interesting subject under +the review of the Public have not been in vain; and that a confident +hope may now be entertained that his humble endeavours, for the good +of his Country, will ultimately produce arrangements _in the New +Science of Police_, calculated to secure and protect the peaceful +subject against injury, and to ameliorate the state and condition of +Civil Society, particularly in this great Metropolis, by the adoption +of such measures _as shall be conducive to the more effectual +Prevention of Crimes:--by lessening the demand for Punishments:--by +diminishing the expence and alleviating the burden of Prosecutions:--by +turning the hearts and arresting the hands of evil doers: by +forewarning the unwary, and preserving the untainted in purity_; thus +attaching to Police its genuine preventive character, unmixed with +those judicial powers which lead to Punishment, and properly belong to +Magistracy alone. + + +FINIS. + + +[_Printed by H. Baldwin and Son, New Bridge-Street, London._] + + + + +_INDEX._ + +[Transcriber's Note: The original index resembles a table of contents, +with page numbers at the right margin; and for sequential page +numbers, only the last digit or two is given, e.g., 504, 5. For +clarity in this e-book, the page numbers immediately follow the +entries, separated by a comma, and for sequential page numbers the +full number is given.] + + + A. + + _Abstract_ of the annual Imports into, and Exports from the Port of + London (_table_), 215, 216 + + ---- of Persons committed, and discharged from Prisons in one year, + an extraordinary document (_table_), 430 + + _Account_ of Pawnbrokers in the Metropolis, and the vast property in + their houses belonging to the poor, 110 + + ---- of various descriptions of Cheats, 123, 124, 125, 126, 127 + + ---- of the number of Streets, Lanes, Houses and Families in the + Metropolis, 568 + + ---- of the previous Plans and Arrangements of Thieves when a Robbery + or Burglary is contemplated, 291 + + ---- of the usual Mode of proceeding to recover stolen property, 383 + + ---- of the Number of Persons engaged in fraudulent Lotteries, 156 + + ---- of the Trials at the Old Bailey in 1790 and 1791, 394, 395 + + ---- of ditto in 1793 and 1795, 446-448 + + ---- of the Officers of Justice in the Metropolis, 397 + + ---- of the Watchmen and Patroles there, 414 + + ---- of the Magistrates there, 398, 399 + + ---- of the Criminal Courts there, 428 + + ---- of the specific Criminals punishable by Law, 437-444 + + ---- of the Convicts in the Hulks, 455 + + ---- of the Names of the City and Police Magistrates, 504, 505 + + ---- of the Churches and other places of Worship in the Metropolis, + 568 + + ---- of the Seminaries of Education in the Metropolis, 569, 570 + + ---- of the Societies for promoting Religion and Morality, 570, 571 + + ---- of the Societies for promoting the Arts, 571 + + ---- of the Asylums for the Indigent and Helpless, 572 + + ---- of the Hospitals for the Sick and for Pregnant Women in the + Metropolis, 573 + + ---- of the Institutions for Charitable and Humane Purposes, 574, 575 + + ---- of the Charity annually distributed in the Metropolis estimated + at L850,000 a year, 357, 358 + + ---- of the Courts for Civil and Criminal Justice in the Metropolis, + 577-582 + + ---- of the Prisons in the Metropolis, _ibid._ + + ---- of the different Classes of Professional Men connected with the + departments of the Law, about 7000 in all, 583 + + ---- of the Number of Writs issued in Middlesex in 1793, with an + extraordinary statement of the Expences on small Law-suits, 585, 586, + 587 + + _Acquittals_, _See_ Prisoners. + + _Actions_ at Law for small Debts, 584, 587 + Expence enormous beyond all credibility, _ibid._ + + ACTS OF PARLIAMENT referred to in this Work. + + 2 Geo. 3. _c._ 28. for preventing Frauds by Persons navigating + Bum-boats on the River Thames, 237, _n._, 269 + + 31 Elizabeth, _c._ 4 } + 22 Charles 2d. _c._ 5 } + 9 & 10 William 3d. _c._ 41 } + 1 George 1st. _stat._ 2. _c._ 25 } Relative to the + 9 George 1st. _c._ 8 } Protection of + 17 Geo. 2d. _c._ 40 } his Majesty's + 9 Geo. 3d. _c._ 35 } Stores, 261-263 + 12 Geo. 3d. _c._ 24 } + + 14 Geo. 3d. _c._ 90, for regulating the Westminster Watch, &c., 107 + + 25 Edward 3d. _stat._ 5. _c._ 2 } + 1 Mary, _stat._ 2. _c._ 6 } + 1 & 2 P. & M. _c._ 11 } + 5 Eliz. _c._ 11 } + 14 Eliz. _c._ 3 } + 18 Eliz. _c._ 1 } + 7 William 3d. _c._ 3 } Relative to the + 8 & 9 William 3d. _c._ 26 } Coinage and + 9 & 10 William 3d. _c._ 21 } disposal of + 7 Anne, _c._ 24, 25 } Base Money, 192, 193, 194 + 15 & 16 Geo. 2d. _c._ 28 } + 11 Geo. 3d. _c._ 40 } + 37 Geo. 3d. _c._ 126 } + 38 Geo. 3d. _c._ 59-67 } + 39 Geo. 3d. _c._ 75 } + + 33 Henry 8th. _c._ 1 } Relative to Cheats + 30 Geo. 2d. _c._ 24 } and Swindlers, 113, 114 + + 9 Anne, _c._ 14 } + 8 Geo. 1st. _c._ 2 } Relative to + 12 Geo. 2d. _c._ 28 } Gaming, 134, 135 + + 9 Geo. 2d. _c._ 5. relative to Fortune-tellers being punished by + standing four times in the Pillory, 130 + + 3 & 4 William 3d. _c._ 9 } + 1 Anne, _c._ 9 } + 5 Anne, _c._ 31 } + 4 Geo. 1st. _c._ 11 } Relative to + 29 Geo. 2d. _c._ 30 } Receivers of + 30 Geo. 2d. _c._ 24 } Stolen Goods, 298-300 + 2 Geo. 3d. _c._ 28 } + 10 Geo. 3d. _c._ 48 } + 21 Geo. 3d. _c._ 69 } + 22 Geo. 3d. _c._ 58 } + + 5 Edw. 3d. _c._ 14 } Relative to the Office & + 34 Edw. 3d. _c._ 1 } power of Constables, 387 + + 8 Geo. 2d. _c._ 16. relative to Hue and Cry, 389 + + 4 William & Mary, _c._ 8 } + 6 & 7 William & Mary, _c._ 17 } + 10 & 11 William 3d. _c._ 23 } + 5 Anne, _c._ 31 } + 6 Geo. 1st. _c._ 23 } Relative to Rewards + 3 Geo. 2d. _c._ 16 } for apprehending + 14 Geo. 2d. _c._ 6 } different classes + 15 Geo. 2d. _c._ 34 } of offenders, 390-392 + 15 & 16 Geo. 2d. _c._ 28 } + 16 Geo. 2d. _c._ 15 } + 3 Geo. 3d. _c._15 } + + 25 Edward 3d. stat. 5. _c._ 2; 36 Geo. 3d. _c._ 7, relative to + _High Treason_, 38, 39 + + 25 Henry 8th. _c._ 6. Sodomy made capital, 46 + + 18 Eliz. _c._ 7, Rape made capital, 46, 47 + + 3 Henry 7th. _c._ 2 } Forcible marriage and + 39 Eliz. _c._ 9 } Defilement made capital, 48 + + 6 Henry 4th. _c._5 } Mayhem or Maiming + 22 & 23 Charles 2d. _c._2 } made capital, 49 + + 35 George 3d. _c._ 67, Polygamy punished by Transportation, _ibid._ + + King Athelstan's Law (anno 956) punished Theft with Death, if + above the value of One Shilling, 51 + + 9 Henry 1st. punished Theft with Death (anno 1108), 52 + + 23 Henry 8th. _c._ 1 } + 1 Edw. 6th. _c._ 12 } + 5 & 6 Edw. 6. _c._ 9 } As to Felonies in + 39 Eliz. _c._15 } Dwelling-Houses, 54, 55 + 3 & 4 William & Mary, _c._ 9 } + 10 & 11 William 3d. _c._ 23 } + 12 Anne, _stat._ 1 _c._ 7 } + + 23 Henry 8th. _c._ 1 } Relative to Arson and + 43 Eliz. _c._ 13 } Burning Houses, + 22 & 23 Charles 2d. _c._ 7, 11 } Barns, Corn, Underwood, + 1 Geo. 1st. _c._ 48 } Ships, &c., 56, 57 + 4 George 1st. _c._ 12 } + 9 ---- 1st. _c._ 22 } + 10 ---- 2d. _c._ 32 } + 27 ---- 2d. _c._ 25 } + 9 ---- 3d. _c._ 21 } + 12 ---- 3d. _c._ 24 } + + 18 Eliz. _c._ 7 } + 3 & 4 William & Mary, _c._ 9 } Relative to + 12 Anne, _stat._ 1. _c._ 7 } Burglary, 57 + + 1 Edw. 6th. _c._ 12 } + 21 Jac. 1st. _c._ 6 } Relative to the + 3 & 4. William & Mary, _c._ 9 } Benefit of Clergy, 439 + 4 & 5 William and Mary, _c._ 24 } + 5 Anne, _c._ 6 } + + 4 Geo. 13. _c._ 11; 6 Geo. 1st. _c._ 23, legalizing Transportation + to the Colonies, 436, 437 + + The same Statute appropriated the Services of Convicts, 454 + + 16 Geo. 3d. first legalized the system of the Hulks, 455 + + 16 Geo. 3d. _c._ 23, legalized Penitentiary Houses in Counties, + _ibid._ + + 19 Geo. 3d. _c._ 74, legalized two National Penitentiary Houses, + 456 + + 24 Geo. 3d. _stat._ 2. _c._ 56, relative to Transportation and the + Hulks, 460 + + 27 Geo. 3d. _c._ 2; 30 Geo. 3d. _c._ 47, relative to New South + Wales, 462 + + 28 Geo. 3d. _c._ 24, contracts for Convicts, _ibid._ + + 2 Will. & Mary, _c._ 8, relative to paving the Metropolis, 592 + + 10 Geo. 2d. _c._ 22 } + 11 Geo. 3d. _c._ 29 } Relative to the + 14 Geo. 3d. _c._ 78 } Police of the City + 33 Geo. 3d. _c._ 75 } of London, 592-597 + 34 Geo. 3d. _c._ 65--(_Watermen_),} + + + 27 Elizabeth } divided the City } + 16 Chars. 1st. } into Wards } + 29 George 2d. _c._ 25 } + 31 ---- 2d. _c._ 17 } Relative to the + 2 ---- 3d. _c._ 21 } Police of London + 3 ---- 3d. _c._ 23 } and Westminster, 593, 594 + 5 ---- 3d. _c._ 13 & 50 } + 11 ---- 3d. _c._ 22 } + 14 ---- 3d. _c._ 90 } + + 28 ---- 2d. _c._ 9 } Relative to the Police + 6 ---- 3d. _c._ 24 } of Southwark, 594 + + 6 Henry 6th. _c._ 5 } + 6 ---- 8th. _c._ 10 } Relative to the System + 23 ---- 8th. _c._ 5 } of the Sewers, 594, 595 + 25 ---- 8th. _c._ 10 } + 3 & 4 Edw. 6th. _c._ 8 } + 1 Mary, _stat._ 3. _c._ 11 } + 13 Eliz. _c._ 9 } + 8 James, _c._ 14 } + 7 Anne, _c._ 10 } + + 9 Anne, _c._ 23 } + 10 ---- _c._ 19 } + 12 ---- _stat._ 1. _c._ 14 } + 1 Geo. 1st. _c._ 57 } + 12 ---- 1st. _c._ 2 } + 30 ---- 2d. _c._ 22 } + 4 ---- 3d. _c._ 36 } Relative to Hackney + 7 ---- _c._ 44 } Coaches and Chairs, 595 + 10 ---- _c._ 44 } + 11 ---- _c._ 24, 28 } + 12 ---- _c._ 49 } + 24 ---- _stat._ 2. _c._ 27 } + 26 ---- _c._ 72 } + 32 ---- _c._ 47 } + 33 ---- _c._ 75 } + + 1 Geo. 1st. _c._ 57 } + 18 ---- 2d. _c._ 38 } Relative to Carts and + 24 ---- 2d. _c._ 43 } other Carriages in + 30 ---- 2d. _c._ 22 } the Metropolis, 596 + 24 ---- 3d. _c._ 27 } + + 21 Geo. 3d. _c._ 57, relative to Bullock-hunting, 597 + + 26 Geo. 3d. _c._ 71, as to Slaughtering Horses, 104, _n._ + + _Adultery_, not in the Criminal Code, 35 + + _Advertising_ Bill-discounters and Money lenders to be regulated, + 118, 119 + + _Alehouses_, a great source of Crimes and Nuisances when + ill-regulated, 85, 311, &c. 324, &c. + In 5000 Alehouses within the Bills of Mortality upwards of + L3,300,000 a year spent in Beer, Spirits, &c., 327 + Profligate Characters entrusted with Licences a source of much + mischief, 325, 326 + + _Alfred_, His Laws relative to Murder, 44 + + _Alton's_ Liquid Test to detect counterfeit Gold and Silver Coin, 180 + + _Ancestors._ Their Laws had an immediate reference to the prevention + of Crimes, 3 + + _Anecdotes_--Of an American Vessel plundered in the Thames in an + extraordinary manner, 219 + + ---- of a Guinea Vessel plundered, _ibid._ + + ---- of the plunder and imposition on a Canada Merchant, 229 + + ---- of an Officer of Justice, who discovered an instance of pillage + in one of the dock-yards, 283 + + ---- Respecting the Lottery, the astonishing number of persons + supported by fraudulent Insurances, 156, _n._ + + ---- of the Jews in London, the extraordinary depravity of the + lowest orders, 148-150 + + ---- of the different Classes of Cheats, 130 + + ---- of a Robbery in the Drawing-room at St. James's, 127 + + ---- of a Female Money-lender to Barrow Women, _ibid._ + + ---- of a Fortune-teller, 129 + + ---- of a Police Officer watching the house of a Receiver of Stolen + Goods, 306, _n._ + + ---- of a Jew who had committed a Rape, 431, _n._ + + ---- of Sir Matthew Hale, 432, _n._ + + ---- of the Justices of Chester, a singular circumstance, 52, 53 + + ---- of a respectable Magistrate of the City, 513, _n._ + + ---- of Monsieur De Sartine Minister of the Police of Paris, an + extraordinary circumstance, 525-530 + + ---- of the Emperor Joseph the Second, 527, 528, 529 + + _Apprentices_ corrupted by Receivers of Stolen Goods, &c., 12 + + ---- harboured in Public-houses, in Clubs for purposes of lewdness + and debauchery, 315, _n._ + + ---- Their immoral education, one cause of the origin of Crimes, + 314-317 + + ---- Neglect of superior Tradesmen in boarding Apprentices out of + their houses, 316, 317, _n._ + + _Arrests_ for Felony, four modes practised, 388 + + ---- deficiency in the Law protecting Lottery vagrants and others + from being arrested on Sundays, 390 + + _Arson_, punished capitally, 56 + + _Asylums_, an establishment recommended for discharged Convicts, 99, + 100 + + ---- for the Indigent in the Metropolis, 572 + + ---- for Sick, Lame, and Diseased, 573 + + _Athelstan's_ Laws relating to Death, 51 + + _Athenian_ Laws relative to Murder, 43 + + _Auctioneers_ called _diurnal_, with Puffers, 117 + + + B. + + _Bacon_, Lord--Suggested a revision of the Criminal Code, 7 + + _Ballad Singers_--might, from an Evil, be made an advantage to + Society, 348 + + _Bank Notes_ and Bills received, knowing the same to be stolen--not + an offence by any existing Law, 8, 114 _n._ + + _Barkers_ at Auctions, 117 + + _Beadles_ ought to be rewarded for useful public Services, 415 + + ---- The proper persons to apply to when nuisances are to be removed, + 598 + + _Beccaria_, Marquis, his opinion of Punishments, 53, _n._ + + ---- his maxim relative to Pardons, 449, _n._ + + _Beggars_, _See_ Poor. + + _Benefit of Clergy_ extended to all ranks, 436 + + _Bentham_ (Jeremy, Esq.) his proposal for a Penitentiary House for + Convicts, and remarks thereon, 481-495 + + _Bill Discounters_, or Advertising Money-Lenders, 118, 119 + + _Board of Police_, _See_ Police. + + _Bolton_, Matthew, Esq. of Birmingham, number of Penny Pieces + supplied by him, 186, _n._ + + _Botany Bay_, _See_ Convicts, New South Wales. + + _Brokers_, in pawns, to be registered, 108, 304 + + _Building Materials_, dealers in, to be licenced, 549 + + _Bullock-hunting_, the Laws relative to it, 597 + + _Burglary_, not so frequent on the Continent as in England, 94 + + ---- by what classes of men committed, 95, 96 + + ---- systematically planned and executed, 101, 103 + + ---- remedies proposed, 104 + + ---- definition of Burglary and how punished, 57 + + ---- called Hamsockne in the North of England, 58 + + + C. + + _Carts_ and other Carriages, the Laws relative to them, 595, 596 + + _Casual Poor_, _See_ Poor. + + _Chance Medley_, how punished, 45 + + _Charities_ in the Metropolis: + Parish Schools for Education, 569 + Societies for promoting Religion and Morality, 570 + Asylums for the Helpless and Indigent, 572 + Hospitals for the Sick and Pregnant Women, 573 + Dispensaries for the Poor, 574 + Institutions for Charitable Purposes (_See Poor_), _ibid._ + + _Cheapside_, a general rendezvous for Thieves, and the reason, 106, + 107 + + _Cheats_, the offence of cheating defined by Law, 113 + The different classes of Cheats explained; who are more or less + engaged in acts of Fraud, in the Metropolis, 109, 110, &c. 131 + + _China_, its Laws, and Punishment for High-Treason, 40 + Parricide, 41 + Murder, 44 + Theft, 52 + + _Chips_, _See_ Dock-yards. + + _Churches_ and Places of Worship in the Metropolis, 568 + + _Coaches and Chairs_ in the Metropolis (_and See Hackney Coaches; + Night Coaches_), 595, 596 + + _Coasting Vessels_, &c. purchase embezzled Stores, 255 + + _Coin_ counterfeited, and Coiners: + Extensive Circulation of base Coin, 15, 16 + The evils attending it, 117, 118 + Foreign Coin fabricated in England, _ibid._ + + _Coiners_, 120 discovered, 18 + Vast amount of Coin counterfeited, 181 + Different Coins fabricated, 173 + The process used in making the different kinds of base Money, 174, + 184 + The period when the trade of dealing in base Money acquires its + greatest vigour, 188 + Deficiencies of the present Laws, 208 + Remedies proposed, 191-208 + + _Colleges_, five in London, 569 + + _Commons and waste Lands_, the source of evil by encouraging the + idle Poor, 83 + + _Constables_, in the Metropolis, 1040 in London, Westminster, + Middlesex, the Tower Liberty and Southwark, 397, 398, 399 + Their power by the Common Law extensive, explained, 390 + Rewards necessary to excite attention, 392 + Rewards to Constables, and persons apprehending various classes of + Criminals, 390 + Propositions for rendering them more useful and respectable, + 405-410 + + _Convicts_ discharged from the Hulks from 1792 to 1799, 98 + Number sent to the Hulks from the commencement of the + Establishment, to December 12, 1795, 7999, 463 + Expence of the support of Convicts transported in the Hulks, 465, + 466-480, _n._ + General Statements, shewing the periods of their discharge, and + the number pardoned, escaped and discharged, 463-465 + A statement of their Earnings at Woolwich and Langston Harbour, + 467, 468 + The inefficacy of this mode of Punishment, 469, 470 + Transported to New South Wales--Accounts of the Number and + Expence, 472-474 + Opinion of the Finance Committee on the inefficacy of the whole + System, 475, &c. + Proposals for employment of Convicts in Penitentiary Houses by + Jeremy Bentham, Esq., 481-495 + Further Regulations in the Penitentiary System suggested, 495, 500 + + _Copper_ Money, _See_ Coiners. + + _Corn_, and Provender stolen in the Country, how disposed of in the + Metropolis, 88 + + _Courts_ of Justice in the Metropolis: + Courts for the trials of Crimes, Misdemeanors, Trespasses, &c. + _Two_ superior and _Five_ inferior, 428 + 9 Supreme Courts in the Metropolis, 577 + 4 Ecclesiastical Courts, Doctors Commons, _ib._ + 17 Courts of Justice in the City of London, 478, 479 + 8 Courts of Justice in Westminster, 579, 580 + 15 Courts of Justice in that part of Middlesex which joins the + Metropolis, 580, 581 + 8 Courts of Justice in Southwark, 581, 582 + + _Crimes_, Specification of some not punishable by Law, 8, 35, 36 + The cause of their increases, &c., 24, 25 + should be prevented rather than punished, 32, 33 + punishable with Death--a List of them, 437, 438, 439 + punishable with Transportation, 440, 441 + punishable with Fine and Imprisonment, 442 + punishments on Rogues and Vagabonds, 443 + the encouragements to Crimes held out by the present System, 449 + increased by the imperfections of the Law, relative to small + Debts, 585, 586 + _See_ Offenders: Thieves. + + _Criminal_ Code, a Revision of proposed, 7, 8 + + ---- its imperfections, 24, 25 + + ---- its great severity, 33, 53 + _See_ Emperor Joseph's Criminal Code. + + _Criminal_ People, Their boldness and many chances of escaping, 20, + 21 + + ---- many thousands in the Metropolis who subsist illegally, 21 + + ---- likely to be increased, 24 + + ---- although unfit for the Navy and Army from diseases, ruptures, + &c. are yet capable of committing crimes, 99, 100 + + ---- the measures used to effect their purposes, 100, 104 + + ---- they make contracts with Receivers, 104 + + ---- increase by means of base Money, 211 + + _Custom_-House Officers, called Glut-men, connive at pillage and + plunder, 232 + + + D. + + _Dead Horses_, and other Animals, Dealers in, to be regulated, 109 + + _Dealers_ in old Metals and Stores, their great increase, 12 + + ---- their mischievous tendency, 292, 293 + + ---- Regulations proposed, 292, 293, 303, 548, 549 + + _Death_, The number of Crimes punishable with Death by the English + Law, 5, 437 + + ---- Abrogated in the Roman Empire, by the Portian Law, 6 + + ---- Inadequate to the ends of Justice, 6 + + ---- Impropriety of inflicting death, except for the highest + offences, 30, 53, 58 + + ---- Jewish Law relative to death, 43 + + ---- Athenian Law, _ib._ + + ---- Roman ditto, _ib._ + + ---- Chinese ditto, 44 + + ---- Persian ditto, 43 + + ---- Saxon ditto, 44 + + ---- Alfred's ditto, _ib._ + + ---- Athelstan's ditto, 51 + + ---- Abolished in the Imperial Dominions of Joseph II. anno 1767, 60 + + ---- Theft first punished by death by Henry I. nearly 700 years ago, + 437 + + ---- A specification of the several offences punishable with death + by the Laws of England, 437, 438, 439 + + _Debts_, The difficulty and expence of recovering small sums, 584, + 585, 586, 587 + + ---- An astonishing Document, proving the vast extent of the injury, + 587, _n._ + + ---- A Remedy proposed, 586, 588 + + _Depredations_ on the Public, in the River and Dock-yards, Chap. + viii. 214, &c. ix. 250, &c. + + ---- on Sugar and West India Produce, 240, 241 + + ---- from Sugar Samples, upwards of 60,000_l._ a year, 235, _n._ + + ---- does not much exceed 15_s._ per cent. on the Moving Property, + 215 + + _Detection_ of Offenders: + + ---- The deficiency of the Law in this respect, 12, 13, 14, 15-20 + + ---- further elucidated and explained, 381, 421, 422 + + _Die Sinkers_ for base Money, the number employed, 184 + + _Directions_, and Cautions to avoid being cheated, 124, 125, 126, + 127, &c. + + ---- As to the mode of proceeding in case of Fraud or Robbery, 383, + _n._ + + _Dispensaries_, in London, 574 + + _Distresses_ of the Poor arising from the delusion of the Lottery + (See _Lottery_), 154, 155 + + _Docks_ in the River will not supersede the necessity of a River + Police, 217, _n._ + + _Dock-yards_, on the Plunder and Peculation therein, 249-287 + + ---- Fees to Officers one source of the Evil, 251 + + ---- Frauds in receiving, detaining, and selling Stores, 253-259 + + ---- The Perquisite of Chips, 256, 257, _n._ + + ---- The amount of Public Property in Navy, Victualing and Ordnance + Stores, estimated at 7,000,000_l._, 260 + + ---- Laws now existing for protecting of this Property, 261-3 + + ---- Their deficiency, and Remedies proposed through the means of + the Legislature, by A General Police System, 264 + + ---- A Local Police for the Dock-yards, 265 + + ---- Legislative Regulations in aid of these Systems, 269 + + ---- Through the Admiralty, by regulating the sale of old Stores, + 274-280 + + ---- Abolishing the Perquisite of Chips, 281 + + ---- ---- of Fees, and increasing Salaries, 282 + + ---- Improving the mode of keeping Accounts, 284 + + ---- Making an annual Inventory of Stores, 286 + + _Dollars_, counterfeited, 173 + + ---- (stamped) the iniquities practised in counterfeiting and + exporting, detected by the Author of this Work, 172, 173, _n._ + + _Draco_, his sanguinary boast, 33 + + + E. + + _Education_, The great inattention to in the lower ranks one cause + of Crimes, 34, 311 + + ---- Seminaries for, in the Metropolis, estimated at 4050, 569 + + _Egyptians_, Their Laws for the punishment of certain offences, 41 + + _Embezzlement_ of Public Stores. See _River Plunder--Dock-yards_. + + _Emperor_ Joseph the Second abolished the punishment of Death, 60 + + ---- His edict on promulgating his New Criminal Code, 61 + + ---- Abstract of his New Code, 63 + + ---- A singular Anecdote concerning this Prince, 528, 529 + + _Estimates_, That Receivers of stolen Goods have increased from 300 + to 3000 in the Metropolis, 9, 12 + + ---- of moving Property on the River Thames (_table_), 215 + + ---- ---- arriving, departing, and circulating in the Port of + London, 216, 217 + + ---- ---- belonging to the Public, Naval, and Warlike Stores, &c., + 260 + + ---- of Chips in Dock-yards, 256, 257, _n._ + + ---- of Streets, Houses, and Families in London, 411, _n._ + + ---- of Public Houses, 110 + + ---- of Persons employed in fraudulent Lotteries, 156, _n._ + + ---- of the number of Members of Friendly Societies, 157 + + ---- of the number of Jews, 147, 148 + + ---- of the Officers of Justice, Beadles, Watchmen, and Patroles + 2044, 413, 414 + + ---- of Magistrates, acting in the Metropolis, 416, 417, 418 + + ---- of Convicts, and others discharged from Prisons, 96, _n._, 97 + + ---- of Prisoners tried in 1793 and 1754, 448 + + ---- of the Produce of Labour of Convicts in the Hulks (See + _Convicts: Police_), 467 + + _Exports_ from the River Thames in one year 29,640,000_l._ + (_table_), 215, 216 + + + F. + + _Farmers_, petty Depredations on them, 86, 89 + + _Faro Tables_ and Games of Chance, their evil Tendency, 135, 136 + + ---- particularly in private Houses of Persons of Rank, 148 + + _Felo de se_, how punished by different Laws, 43, 44 + + _Felonies_, Public and Private defined, 43 + + ---- A specific Detail of the different Felonies, distinguishing the + Punishments, 437, 438, 439, 440, 441 + + _Female Prostitution._ _See_ Prostitutes. + + _Fielding_, Henry } Excellent Magistrates, &c., 453, _n._ + _Fielding_, Sir John } + + _Finance Committee_ of the House of Commons, their useful Labours + and Opinions on various Subjects (See _Police_), 251, _n._, 264, + 419, 427, 469, 514, 516, 558, _n._ + + _Fires_ in London, the Laws relative to them, 597, 598 + + _Forcible Marriage_, how punished by different Laws, 48 + + _Foreign Coin_ counterfeited in England, 17, 18, 184, 190 + + _Foreigners_, their opinion of the English System of Police, 522 + + ---- the insecurity likely to arise from so many of them acquiring + a knowledge of the English Language, 530 + + _Fortune-tellers_, their evil tendency, &c., 128, 130 + + _Founders_ of Metals, an object of regulation as a means of + preventing Crimes, 10, 540, _n._ + + _France_, its Laws relative to Receivers of stolen Goods, 302, _n._ + + ---- ---- to Sodomy, 46 + + ---- its former Police, curious Anecdotes of, 525 + + _Frauds_ on the Public in the Metropolis: + + ---- in the Naval Department of two sorts, 256, 257 + + ---- and Forgeries specifically detailed, 111, 112, &c. + + _French language_, the inconvenience and insecurity from its being + so generally spoken, 530 + + _Friendly Societies_, an Estimate of the number of Members, 575 + + ---- a proposition to guard them against the Evils of the Lottery, + 157 + + + G. + + _Gaming_, among the lower Ranks in Public Houses, a vast source of + Crimes, 324 + + ---- the Law relative to, and Penalties, 134, 135 + + ---- the systematic confederacy of certain Gaming Establishments + fully developed, 136-147 + + ---- Estimated amount of the Money annually lost and won by Gaming, + 143 + + ---- the evil Consequences of Gaming, and dreadful effects to many + respectable Families, 148 + + ---- the bad example to menial Servants of Persons of Fashion, 150, + 151 + + _Gin_, the astonishing quantity drank in London, 327, _n._ + + ---- the advantages arising from a High Price, 328, _n._ + + _Grecian Law_ relative to Sodomy, 46 + + ---- ---- to Polygamy, 49 + + + H. + + _Hackney Coaches_, to be regulated by the Police, (and see _Night + Coaches_), 105, 106, 305, 547, 556 + + ---- Laws relative to them, 402 + + _Hale_, Sir Matthew, his opinion of criminal Indictments, 432, _n._ + + _Hawkers and Pedlars_, to be licensed by Magistrates, 116, 117 + + ---- their fraudulent Practices, 116, &c. + + _High Treason_, See _Treason_. + + _Highway Robberies_, by what classes committed, 95 + + ---- systematically planned and executed, 102, 103 + + ---- suggestions for preventing them by means of a Travelling + Police, 109, _n._ + + _Homicide_, 45, 46 + + _Horse Patroles_ proposed, 109, _n._ + + _Horses Stolen_, receiving them as such no Crime, 9, _n._ + + ---- how to be remedied, 303, 550 + + ---- Frauds and Felonies respecting, immense, 103, _n._, 115, _n._ + + _Hospitals_ in the Metropolis, 573 + + _Houses_ in the Metropolis 160,000, and upwards, 568 + + _Houses of Correction_, authorized in different Counties, 455 + + ---- Regulations, 459, 460 + + _Hue and Cry_, a particular means of arresting Criminals, 388, 389 + + _Hulks_, the depravity of the Convicts confined in them, 24 + + ---- First instituted in 1776, 455 + + ---- Regulations by Parliament (See _Convicts_), 461 + + + I. & J. + + _Idle Poor_, the Funds appropriated for their support a Public Evil, + 80, 82, &c. + + _Jews_, (Dutch) their mode of Education a National Injury, as it + promotes Idleness and Profligacy among the lower ranks, 119, 319 + + ---- Objects of regulation as Dealers in old Metals and Apparel, 120 + + ---- the principal Utterers of base Coin, 182, 190 + + ---- the deplorable state of the lower orders belonging to the Dutch + Synagogues, and the difficulties in making them useful, 120, 319, &c. + + ---- they are generally the medium by which stolen Goods are + concealed and sold, 292 + + _Jewish Synagogues_ in London, 568 + + _Jewish Laws_ relative to Murder, 43 + + ---- ---- Sodomy, 46 + + ---- ---- Rape, 47 + + ---- ----Theft, 52 + + _Immorality_ of worse consequence than Political Crimes, 34 + + ---- striking proofs adduced, 35, 36 + + _Imports and Exports_ to and from the Port of London, abstract of + (_table_), 215, 216 + + ---- of Sugar and Rum for a year to March 25, 1799, 234, _n._ + + _Imprisonment for Debt_, its impolicy and evil consequences in + producing moral Crimes, 390, 394, &c. + + _Indigence_, one cause of Crimes (See _Poor_), 352 + + _Inhabitants_ of London, number estimated at one Million at least, + 569 + + _Inns of Court_ and Chancery in London, _ib._ + + _Institutions_ for useful, charitable, and humane purposes in the + Metropolis, 376, 381 + + _Irish_, the lower Ranks great Utterers of base Money, 189 + + _Iron Shops_, great Receptacles of stolen Goods, 293 + + _Judges of England_, their great purity adds lustre to their own and + the National Character, 430 + + ---- the extreme labour attached to their Situations, a Proposition + for the reducing it, 590 + + + K. + + KING, his Majesty's goodness and love of Mercy exemplified in pardon + to Convicts, 22 + + _King's Stores_, Men employed to remove the _broad arrow_ from + Public Stores, 258 + + ---- Abuses and Evils from the Sale of Old Stores, 256 + + ---- Stolen, embezzled, &c. in the Thames, 257 + + + L. + + _Landed Interest_, Depredations on by petty Thefts calculated at + 4_s._ per Acre per annum, 89 + + _Larceny_, the Definition of this Offence, and the punishment, 50 + + ---- Grand Larceny defined, 50, 55 + + _Law_, the different classes of Professional Men in the Metropolis, + 583 + + _Laws_ of England, (_Criminal_) Deficient with regard to the + prevention of Crimes, abridging Liberty, and rendering Property + insecure, and in some instances even Life itself, 94, 95, 100 + + ---- Punishments, from their severity, defeat the ends of Justice, + 43, 53 + + ---- Above 160 Offences punishable with Death, 437 + + ---- When incompatible with Justice Law should be repealed, 8, 301 + + ---- Some Offences, injurious to Society, not punished at all, 8, 9, + 34, 35, 36 + + ---- Criminal Law explained, with respect to various Offences: + High Treason, 38 + Public Felonies against the State, 42 + Private Felonies specifically considered, viz: + Murder, 43, 44 + Manslaughter, 44, 45 + Homicide by Misadventure, 45 + Chance Medley, _ib._ + Self-Defence, _ib._ + Rape, 46, 48 + Forcible Marriage, 48 + Polygamy, 49 + Mayhem, _ib._ + Grand Larceny, 50 + Petty Larceny, 50, 51 + Mixed Larceny, 54, 55 + Offences punishable by the Laws of England; a List of, 437, &c. + + _Law-suits_, See _Writs_, _Debts_. + + _Lewdness_ and Debauchery prevail in all ill-regulated Public Houses + (See _Alehouses_), 311 + + _Liberty_ of the subject abridged by Thieves and Robbers, 2, 93 + + ---- not by salutary Regulations to prevent Robbery, 13, 14, 308, + 309, 545 + + _Licences_ proposed on Milk Dealers, 92 + + ---- on various trades connected with the Receivers of stolen Goods + (See _Police_), 540, _n._, 549, 550 + + _Lightermen_ on the Thames assist in Pillage and Plunder, 228 + + _Lighting_, &c. the Metropolis, 592 + + _Little Goes_, a private Lottery, a contrivance of a recent date, + brought forward by the Lottery Cheats to keep alive the delusion and + fever on the minds of the Poor all the year round, 152 + + _Livery Stable Keepers_, proposed to be regulated (See _Horses_), + 109, 541 + + _Lodgers_, and Lodging Houses, proposed to be registered, 105, 539 + + _London_, comprehending the Metropolis. Its Commerce (See _River + Plunder_) + + ---- The Magistrates, a list of; also Public Offices, 504, 505 + + ---- Houses, Streets, Families, and Inhabitants, 411 + + ---- Its prodigious Extent and Opulence, 567 + + ---- Places of Religious Worship, 482 + + ---- Seminaries for Education, 569 + + ---- Institutions for promoting Morality, 570 + + ---- For the Arts, 571 + + ---- Asylums for the Indigent and Helpless, 572 + + ---- For the Sick, Lame, &c., 573 + + ---- Dispensaries, 574 + + ---- Charitable Institutions, 574 + + ---- Courts of Justice, 577, 578, 579, 580, 581, 582 + + ---- Prisons, 582 + + ---- Municipal Regulations of the Metropolis, relative to Watching, + Lighting, Fires, &c. &c., 591 + + _London_, so called, (the City): + + ---- The utility of a closer Connection between the Aldermen and + Police Justices, 420 + + ---- The great respectability of the Magistrates of London, 512 + + ---- The vast Labour of their official Situation, 513 + + ---- Magistrates with Salaries proposed, to ease them of that part + of the Labour which relates to Criminal Offences, 518 + + ---- The great Labour attached to the Office of Lord Mayor, 513 + + ---- Reasons assigned in favour of an Improvement of the Police of + the City, by means of assisting Justices, _ib._ + + ---- The advantages which would result from such a System, 517 + + _Lottery_, A great means of corrupting the Morals of the Lower + Orders of the People, 11 + + ---- Lottery Insurers cheats of the worst class, 151-159 + + ---- Their evil Practices explained, and their devises to carry them + on in despite of the Law, 152, 153 + + ---- Menial Servants contribute considerably to their support, 153, + 154 + + ---- The astonishing extent of their Transactions, 154, 155 + + ---- The misery attendant on the Lottery delusion to the Poor, who + fill the Pawnbrokers' Shops during the drawing of it, 155 + + ---- The amazing amount of the premiums for Insurances yearly, 154, + 156, _n._ + + ---- Estimated amount of fraudulent Insurances per annum + 10,460,000_l._, 143 + + ---- The astonishing number of Lottery Insurers, with their + Appendages, consisting of _Clerks_, _Morocco-men_, _Bludgeon-men_, + and _Ruffians_, employed during the Drawing of the Two Lotteries + each year, 156, _n._ + + ---- The Lottery might be rendered useful to the State if the poorer + classes could be shielded from its mischief, 157, 556 + + ---- The evils attending on its present Plan, and the audacious + conduct of the miscreants engaged in fraudulent Insurances in + resisting the Civil Power, explained, 156, _n._, 158, 159 + + ---- Their Profits said to be immense during the English Lottery + 1796, 159 + + ---- The exertions of the Magistrates rendered more peculiarly + necessary to check this evil during the time of drawing the + Lotteries, 159 + + ---- Expedients proposed for guarding the Poor against the + mischiefs, of future Lotteries, digested under eight different + Heads, 160, 161, 162 + + ---- Three plans for drawing the Lottery in such a manner as to + prevent Insurance, 163, 170 + + _Louis d'Ors_, coined in England, 17, 190 + + _Loyal Military Associations_, the Country much indebted to them, + 533, _n._ + + _Lumpers_ or Labourers on the River (See _River Plunder_), 226 + + + M. + + _Magistrates_, their Duty with regard to Public Houses (See + _Alehouses_.) + + ---- Their great utility when their Power and Influence are + prudently and judiciously employed, 383, 422, 423 + + ---- The number Of Magistrates in the Metropolis, 270 + + ---- The number who sit daily in rotation, 417, 418 + + ---- The number of persons committed annually for Trial 2500 to + 3000, 432, 433 + + ---- The mortification experienced by the Magistrates in seeing + their labour lost in consequence of the chief of these Prisoners + thrown back on Society without punishment, 432, 433 + + ---- A List of the City Magistrates, 504 + + ---- ---- the Police Magistrates, 505 + + ---- Their Duty explained, 506 + + ---- Their Labours cramped for want of pecuniary Funds, 509, 510 + + ---- Magistrates with salaries necessary in every part of the + Metropolis, and benefits arising from them, 517 + + ---- Avocations of the City Magistrates explained, 522 + + _Manslaughter_ defined, how punished, 44. + + _Marine Police Institution_, Origin and Progress of, 239, 248 + [Transcriber's Note: should be p. 240] + + ---- Annual Advantages resulting therefrom to the West India + Planters and the Revenue estimated at 160,000_l._ and upwards, + 240, 241, _n._, 242, _n._ + + ---- The effect in restraining River Plunderers, 242, 244 + + ---- Necessity of its being sanctioned by Legislative Regulations, + 245, &c. + + ---- Testimonies to the utility of the System, and the benefits it + has already produced, 242, _n._, 247, 248, _n._, 558, _n._ + + ---- The number employed in this Establishment, 399, _n._, 418 + + _Marriage_, The evil consequence of the prevailing practice of + Cohabitation without it, 340 + + _Martin_, Matthew, Esq. his benevolent exertions for relieving the + Poor, 360, 361, _n._ + + _Mayhem_, Laws relative to it, 49 + + _Menial Servants_, Their Morals corrupted, how, 154, 155 + + _Metals_, Dealers in proposed to be regulated, 108, 540, 549 + + _Metropolis_, vide _London_. + + _Milk_, curious particulars as to the Adulteration of, 89, 90, &c. + + _Misadventure_, Homicide by, defined, 45 + + ---- how punished, 45, 46 + + _Misdemeanors_, A list of them punishable by Law, 442 + + _Money_ counterfeit, vide _Coin_. + + _Montesquieu_, Baron, his opinion relative to Thefts, &c., 30, 53 + + _Morals_, The moral Principles destroyed among the Lower Ranks, 11, + 310, &c. + + ---- Can only be preserved by preventing Crimes, 14 + + ---- Bad education and bad habits destroy Morals, and are the chief + causes of atrocious Crimes, 34, 35, 94, 95, 310, &c. + + ---- The deficiency of the System for guarding the Morals of the + Lower Orders one great cause of the Corruption of Manners, 36 + + ---- _Other Causes_, The temptations of a great Capital, 35 + + ---- The habit of living improvidently and luxuriously, 312 + + ---- The temptation of fraudulent Lotteries, 151, 152, 159 + + ---- The Facilities held our by Pawnbrokers, Old Iron Shops, and + other Receivers of Stolen Goods, enabling persons to raise Money on + pilfered articles in an easy way, 288, 323 + + ---- The bad examples in ill-regulated Public Houses one great cause + of the Corruption of Morals, 310-324 + + ---- The habit recently practised of Men, Women and Children + spending their time in the Tap-rooms of Alehouses, where all sorts + of Profligacy prevails, exhibited in language and conduct, 310, 314, + 324 + + ---- The profligate Characters intrusted with Licences to keep + Alehouses (See _Alehouses_), 325, 326 + + ---- The immoral or careless Education of Apprentices, 314 + + ---- The failure in Business by Mismanagement, Idleness, &c., 317 + + ---- Servants out of Place, 318 + + ---- The mode of Education and Superstition of the Jews, which + prevent them from being apprenticed to Mechanical Employments, 319 + + ---- The vast temptations to plunder, which are held out to Lumpers, + Scuffle-hunters, Mudlarks, Scullers, Lightermen, &c. on the Thames, + from the want of proper Guards, and a proper System for protecting + Property (See _River Plunder--Dock-yards_), 322 + + ---- The temptations held out to fraud from the shocking state of + the Silver and Copper Coinage, and the imperfection of the Mint + Laws, 171, 172 + + ---- The temptations held out in a great Metropolis from the + resource which the influx of Wealth affords to commit acts of + Criminality, giving so many opportunities to live in Idleness, 111, + 112 + + ---- The deficiency of the Laws in not taking cognizance of Moral + Crimes, 35, 36 + + ---- Morals of Public Depredators, 251 + + _Morality_--Men of pure Morals make the best Subjects, 36 + + ---- Against its principle to punish small offences with Death, 59 + + ---- Societies for promoting it, 570 + + _Mudlarks_, _See_ River Plunder, 230 + + _Murder_, Laws relative to it, in this and other Countries, 43, 45 + + + N. + + _Naval_ Embezzlements and Plunder, &c. + Reasons why not heretofore corrected, 252 + Gratuities given, a great evil, 251 + The Depredations enormous (_See River Plunder--Dock-yards_), 253 + + _New South Wales_, Transportation there when first legalized (_See + Convicts_), 460, 462 + + _Night Coaches_, a great means of promoting Burglaries, 105 + + ---- Propositions for regulating them, 106, 305, 547, 556, 557 + + + O. + + _Offences_, 160 punishable with Death, 58 + Some not punishable by the Laws, 8, 30, 35 + A general List of the various classes of Offences, 437, &c. + _See_ further _Punishments_. + + _Officers of Justice_--Their Zeal always proportioned to that shewn + by the Magistrates under whom they act, 384 + The importance of choosing men of Respectability, _ibid._ + The absurd prejudices against Officers of Justice, 385 + The Antiquity and Power of the Officers of Justice, 386 + Number of them in the Metropolis, 397, 411, _n._ + Officers subjected to considerable risks, 400 + Ought to be rewarded--vide _Rewards_. + + _Old Bailey_--Its registers shew the necessity of a Prosecutor for + the Crown, 21 + Trials anno 1790 and 1791, eight Sessions, 394, 395, 396 + Idem and Convicts 1793 and 1794, 448 + + _Old Iron Shops_, Owners for the most part, generally Receivers--(See + _Receivers_), 10 + + _Origin of Crimes_, Traced to Alehouses--Bad education of + Apprentices--Servants out of Place--Jews--Receivers--Pawnbrokers--Low + Gaming-Houses--Smuggling--Prisons, Chap. XI. 310-332 + + ---- Female Prostitution (See _Prostitutes_), Ch. XII. 333-345 + + ---- Tea Gardens, 346, 347 + + ---- Ballad Singers, 348, 349 + + ---- State of the Poor (See _Poor_), Chap. XIII. 351-380 + + + P. + + _Pagoda_, of Arcot, counterfeited in London, 17, 184, 190 + + _Pardons_--The devices used to obtain them, 22 + Granted to four-fifths of those found guilty of death, 449 + Marquis Beccaria's Opinion of Pardons, 450, _n._ + Impositions practised to obtain them, _ibid._ + Conditions under which they ought to be granted, 451 + The evil consequences of free Pardons, 451, 452 + A tacit disapprobation of the Law, (_Beccaria_), 59 + + _Parents_, their Profligacy and inattention to the Education of + their Children, 311, &c. + + _Parochial_ Officers in the Metropolis, 397, 398, 416 + + ---- of little use to the Police in the Metropolis, why, 400 + + _Parricides_, their punishment by the Roman Law, 41 + By the Chinese and Egyptian Laws, _ibid._ + + _Patroles and Watchmen_, their number, 399 + + ---- frequently conspire with Thieves, 106, 108 + + _Pawnbrokers_ hold out many temptations to the Poor, 115 + + ---- A proposition for regulating them, 116, 550 + + ---- To give security for good behaviour, 116 + + ---- The number in London and the Country, 115, _n._ + + ---- The immense amount of the Goods of the Poor at all times in + their hands, 116, _n._ + + _Peace_, an epoch when much danger is to be apprehended in the + return of Criminals, 100, 529, 530 + + _Peace-Officers_--Safeguards of the Community, 384, 385 + + ---- The ill effects of the absurd prejudice against them, 385 + + ---- The number in the Metropolis, 408, 413, 414 + + _Penitentiary Houses._ Two national ones authorised, but never + erected, 456, 457, 459 + An Inspector of Penitentiary Houses should be appointed, (See + _Convicts_), 460 + + _Penny-Pieces_, 40 Millions of them coined by Mr. Bolton of + Birmingham, 186, _n._ + + ---- why not likely to be much counterfeited, 183, _n._ + + _Petty Larceny_, how punished, 50, 51 + + _Pewter Pots_ and Pewter, purchased by Dealers in Old Iron--Protected + by Act 21 Geo. 3d. _c._ 69, 299 + + _Piracy_ a capital offence, 55 + + _Pirates_ on the River, their audacious conduct, (See _River + Plunder_). + _Plunder on the River, and Dock-yards_ (See those titles). + + POLICE--The advantages resulting from it when well regulated, 1, 2 + The insecurity from a deficient Police no where so great as in + England, 3, 4 + One cause for the increase of Criminals is the insufficiency of + the Police, 4, 310 + The specific causes of the deficiency explained, and the means of + improvement, 24, 25, 26 + The disjointed State of the Police one of the causes of the + increase of Stolen Goods, 289 + The Establishment of an active Principle strongly enforced, 307 + The expences of the Police might be defrayed by itself, under an + improved System, 410 + No place of Industry provided by the Police for discharged + Prisoners, (See _Convicts_), 99 + Police of the Metropolis explained, 503 + City and Police Magistrates now acting, their Names, 504, 505 + Their Duty explained, 506, 507 + Inconveniences arising from want of Funds, Robberies and Burglaries + not prevented, from this among other Causes, 509, 510 + Police Magistrates should have power to give small Rewards for + useful Services, 510, 511 + Police Magistrates necessary in all large Societies, 514 + Police Magistrates have nothing to do with Politics, 517, _n._ + Police System approved by the Manufacturers of Spital Fields, 519, + 520, _n._ + The great deficiency of the System for want of a Centre Point, 520 + Constitutional superintendence of Police rests with the Secretary + of State for the Home Department, 521, 522 + The increase of State Business, and the increase of Crimes, + renders a delegation of subordinate management necessary, 520 + The utility and absolute necessity of such a System explained, + 521, 522 + The opinion of Foreigners of the Police of London, _ibid._ + The Police of France under the old Government, observations upon + it illustrated by two Anecdotes of M. de Sartine, 524, 525, &c. + The situation of this as well as every Country in Europe makes a + correct System of Police necessary, on account of the profligate + Characters who will infest the Metropolis on the return of + Peace, 529, 530 + _A Board of Police_ proposed as the only means of binding together + a disjointed System, and of giving it that energy which the + interest of the Country requires, 531 + The new System of Central Police recommended by the + Finance-Committee fully detailed and explained, Chap. XVIII., 535 + Reasons suggested by the Committee, 535-539 + The leading object the prevention of Crimes, and the raising a + Revenue by Licence Duties, 540, 541 + Trades proposed to be Licensed, 540, _n._, 549, 550 + Expence of the Police of the Kingdom near L216,000, 542, 543 + A Central Board of Police Revenue to be formed by the + consolidation of the two Boards of Hackney Coaches, & Hawkers, + &c., 542-545 + The Licensing System to be extended over the Kingdom under the + Controul of this Board, 545-547 + Functions of the Commissioners of this Central Board of Police + amply detailed under 20 heads, 547-558 + Outline of the Bill proposed to be brought into Parliament for + establishing this Central Board of Police, 559, &c. + + _Polygamy_, an improved mode of punishment for, 49 + + _Poor_, their Distresses, 312, 313, _n._ + + ---- Particularly from the Lottery delusion, 151, 152 + + ---- State of, Cap. XIII., 352-380 + + ---- Casual, the erroneous System respecting them one great cause + of the increase of Crimes, 351 + Estimate of Voluntary Contributions for their Relief, L850,000 + _per Ann._, 358 + Present expence of the Casual Poor not less than L10,000 _per + Ann._, 362, 363 + This Relief ill applied, _ibid._ + Propriety of consolidating and superintending this Relief, 364 + Poverty not an Evil if it does not degenerate into Indigence, 365, + 366 + The Poor divided into five Classes: + The useful and industrious, 366 + Vagrant, 367 + Indigent, 368 + Aged and Infirm, 369 + Infants, _ibid._ + The Statute 43 Elizabeth unexceptionable in its principle, but its + execution deficient, 370, 373, 575 + Proposals for a _Pauper Police_, to regulate Street Beggars and + Casual Poor, 373-376 + Expence thereof L5,230 to be defrayed by contributions from the + Parishes proportioned to the sums now paid by them for Casual + Relief, _ibid._ + Benefit of consolidating the Funds of all the Parishes in the + Metropolis, 377, 378 + The System should be perfected by the joint efforts of + well-informed individuals, _ibid._ + + _Prisoners._ An Asylum proposed for those that are discharged, to + prevent their returning to evil practices for want of Work, (See + _Convicts_), 97, 98, _n._, 486 + + ---- Abstracts of the number committed and discharged in the + Metropolis in the course of a year, ending Oct. 1795 (_Table_), 430 + + ---- Number discharged from the eight Gaols in the Metropolis in a + period of four years: + + ---- ---- 1st. by Proclamation 5,592 + + ---- ---- 2d. Acquittals 2,962 + + ---- ---- 3d. After Punishment 2,484 + ------ + 11,038, 96, 97 + + ---- Discharged from 1792 to 1799: + + ---- ---- 1. 8,650} + ---- ---- 2. 4,935} 20,510, 97 + ---- ---- 3. 6,925} + ---- ---- from the Hulks, ditto 11,383 + [Transcriber's Note: this figure should be 1,383] + ______ + 21,893, 98 + + ---- Tried at the Old Bailey from Sept. 1790 to 1791, 394 + + ---- Tried at the Old Bailey from April 1793 to 1794, 448 + + ---- Tried in the year 1795, their Crimes and Sentences, 446, 447 + + ---- Committed annually for trial in the Metropolis from 2,500, to + 3,000, 96 + + _Prisons_ in the Metropolis, 331, 582 + + _Prosecutor for the Crown_--The Utility of such an Establishment, + 21, 26 + The injury occasioned by the want of it in defeating Justice, + 426, 427 + A severe Burden on the subject to prosecute, 426 + Further Reasons in favour of the Proposition, 430, 432, 539 + + _Prostitutes_--Their unhappy Situation, and the dreadful + consequences of it, Cap. XII., 333 + The evil cannot be prevented, but may be alleviated, 337 + Number of Prostitutes of various classes estimated at 50,000, 340 + Proposals for regulating them not inconsistent either with + Religion or Morality, 343 + The Example of Holland and India quoted, 345 + + _Public Houses_, vide _Alehouses_. + + _Punishments_--defeat their ends by too much Severity, 6 + Death should be inflicted as seldom as possible, _ibid._ + Disproportionate to the Offences, 6, _n._, 8 + A Definition of Punishments, 29 + Should be proportioned to the Offence, &c., 29, 30 + The objects of inflicting Punishments, _ibid._ + General Rules relative to Punishments, 32, 33 + The Severity of Punishments exposed, 34, 35, 36, 94 + Punishments examined as they apply to the various Offences known + in the English Law, 38, 39, &c. + Punishments by the new Code of the Emperor Joseph, 60, 63 + Marquis Beccaria's Opinion and Maxims, 53, _n._ + The System of Punishments fully considered, Cap. XVI., 434-500 + Punishments inflicted on various Offences by the English Law, + 437, 438, 439, &c. &c. + Punishments as now regulated tend to increase Crimes, (See + _Convicts_), 449-452 + + + Q. + + _Quarter_ Sessions of the Peace: + + ---- and General Sessions of Middlesex, in certain Cases, act under + a Commission of Oyer and Terminer, 445 + + ---- Held in London, eight times a year, 428 + + ---- in Westminster, four times a year, _ibid._ + + ---- in Middlesex, eight times a year, _ibid._ + + ---- in Tower Liberty, eight times a year, _ibid._ + + ---- in Surry, four times a year, _ibid._ + + _Quays_--Plunder committed upon--See _River Plunder_. + + + R. + + _Rape_, Laws Relative, to it in England, Death by 18 Eliz. _c._ 7, + 47 + The Egyptian Law relative to this Crime, _ib._ + The Athenian ditto, _ib._ + The Roman ditto, _ib._ + The Jewish ditto, _ib._ + + _Receivers_ of Stolen Property: + Receivers of Cash, or Bank Notes, not punishable, 8 + nor of Horses and Cattle, 9, _n._ + 3000 estimated to be in the Metropolis, 10 + The greatest encouragers of Thieves, 9 + Their wonderful increase in the last 20 years, 12 + Restraints upon them a public benefit, 13, 14, 104 + Make previous contracts with Thieves, 103, 291 + Hostlers at Watering Houses often Receivers of Corn, &c., 88 + Journeymen Butchers receive Cattle, 104 + Receivers considered separately, Cap. VIII., 288, 308, &c. + The chief cause of Public Depredation, 289 + The different Classes detailed, 292, 293 + By 3 and 4 William and Mary, _c._ 9. made Accessaries after the + fact, 294 + By 4 Geo. I. _c._ 11. punishable by Transportation for fourteen + Years, 295, 301 + The Laws enumerated relative to Receivers, and their defects + pointed out, 293, 301 + A proposition to make the Receiving Stolen Goods an original + Offence, 302 + Remedies proposed under eight different heads by regulating + certain Classes of Dealers, 303, 307 + A System of inspection recommended, 308 + Applied to for their assistance in recovering valuable Property + which is stolen, 384 + + _Religion_, Places of Public Worship in the Metropolis, 568 + + _Register_ of delinquency proposed to be kept by the Central Board + of Police, 554 + + _Remedies for Evils mentioned in this Work_: + To remove the Imperfections in the Criminal Code, 24 + To improve the System of the Hulks, 27 + To improve also the Mode of Transportation, and the Employment of + Convicts, 481, &c. + To establish National Penitentiary Houses, 457, 460 + To improve the System in granting Licences to Public Houses--See + _Alehouses_. + To regulate Dealers in Old Iron, Metals, Stores, Old Wearing + Apparel, Founders of Metals, &c. by Licence, 304 + To improve the Laws relative to the prevention of Pillage and + Plunder in the River Thames--See _River Plunder_. + To improve the Laws relative to the prevention of Frauds, + Embezzlements, Pillage and Plunder in Ships of War, and + Transports, and in the Naval and other public Arsenals (See + _Dock-yards_), 26, 253, 254, 255, 256, 257, 258 + To prevent Highway Robberies and Burglaries, 103 + To prevent the Coinage of base Money, and the Sale and Circulation + of the same, 190, 211 + To prevent the evil effects of the Devices of Cheats, Swindlers, + Gamblers and fraudulent Persons, viz. + Swindlers in general, 113, 150 + Fraudulent Pawnbrokers, 109 + Hawkers and Pedlars, 116 + Puffing diurnal Auctioneers, 117 + Puffing Money Lenders, 118 + Illegal Lottery Insurers, 151, 162 + Itinerant Jews, 147, 148 + Various Classes of Cheats and Swindlers, &c. with Cautions to + Tradesmen and others to beware of them, 131 + A general Remedy proposed, 131, 132 + To prevent the evil of receiving Stolen Goods, and through this + medium the Commission of Robberies, Burglaries, Thefts, + Larcenies, Embezzlements, Frauds and Swindling, &c. under eight + different heads, 302, 303, 304, &c. + To prevent Justice from being defeated in the apprehension of + Offenders, by Rewards to Officers and others apprehending them + (See _Rewards_), 392, 393 + To prevent Frauds in the trial of Offenders by appointing a + Prosecutor for the Crown, 21, 26 + To proportion all punishments to the nature of the Offence, and to + abolish sanguinary and severe Punishments, 28, 29, 59, 60 + To improve the System with regard to Pardons--(See _Pardons_), 27 + To improve the System of Police for the Metropolis, by + establishing a Fund for Rewards, 509, 512 + To establish a concurrent Jurisdiction over the whole of the + Metropolis, 419, 420 + To establish Police Magistrates in London, 513, _n._ + To establish a Board of Police as a centre point, where a + responsible superintending agency, under the Secretary of State + for the Home Department, should be pledged to attend to the + great outlines of the Police of the Metropolis--(See POLICE), + 25, 26 + A System for the more easy recovery of small Debts, 584, 585, 586, + 587 + To improve the Municipal Police, by extending the same Laws, + Penalties and Punishments to every part of the Metropolis, 599, + &c. + General View of all the Remedies proposed in this Work, against + the existing Evils which at present infest the Metropolis, Ch. + XX. p. 602, &c. + + _Restraints_ imposed on Criminal People cannot affect the Liberty of + the Subject, 13 + Those already established to obtain Revenue, severer, 14 + + _Revenue_ of the Customs greatly injured by River Plunder, 241, _n._ + + _Rewards_--To be given by Magistrates in order to enable them to + detect offenders--The utility explained, 509-511 + Rewards necessary to all classes of Public Officers of Justice, + for the purpose of exciting vigilance, 409, 410 + Rewards granted at present for ten specific Offences, detailed, + 390, 391 + Amount paid by Sheriffs from 1786 to 1797, L.94,430, 393, _n._ + Rewards paid on Prosecutions at the Old Bailey from Sept. 1790 to + 1791, 394, 395 + Small Rewards recommended for detecting inferior Offences, 393, 394 + The quantum of the Reward to be left to the discretion of the + Judge, and allowed according to the merit of the parties, + whether there is a conviction or not, 393, 396 + Rewards proposed for the detection of Coiners and Utterers of Base + Money, 207 + For the detection of Plunderers in the Dock-yards, 272 + + _River Plunder_, its amazing extent, probably not less than _Half a + Million per annum_, Cap. VIII., 215, 237, 238, 239 + Yet not exceeding 15_s._ per Cent. on the value of the Property + exposed, 215, 216, & _table_ + 13,000 Vessels and more discharge and receive three millions of + Packages annually in the River, 217 + Various classes of River Plunderers. + [Transcriber's Note: reference missing in original] + + _River Pirates_, (particular instances of their audacious + Depredations), 218, 220 + _Night Plunderers_, 220, 223 + _Light Horsemen_, or nightly Plunderers of West India Ships, + 223, 226 + _Heavy Horsemen_, or Lumpers, 226, 227 + _Game Watermen_, _ibid._ + _Game Lightermen_, 228, 231 + _Mud-Larks_, 230 + _Revenue Officers_, 231, 232 + _Scuffle-hunters_, 233, 234 + _Copemen_, or Receivers, 235, 236 + See further _Marine Police_. + + _Robberies and Burglaries_--not prevented by the Police System of + 1792, and the reason why, 509 + Chiefly for want of giving small Rewards, 510 + + _Robbery_, defined, 54 + + _Roman Laws_, relative to Murder, Theft, 41, 51 + + + S. + + _Salaries_, proposed to be increased to the Servants of the Crown, + on the abolition of Perquisites, 282 + + _Sartine, M. de_, Minister of Police in Paris, two singular + Anecdotes of, 525, 526, &c. + + _Saxon Laws_ relative to Murder, 44 + + _Schools_ in the Metropolis, 569 + + _Scuffle-hunters_, A class of Labourers who hunt after Work when + Ships are discharging, chiefly with a view to plunder, 233, 234 + + _Sequin_ of Turkey, counterfeited in London, 18, 184, 190 + + _Servants_--Corrupted by the temptations of the Metropolis, 12 + Particularly by the Lottery, 153, 155 + + _Sewers_, their origin and great utility, the Acts relative to + them, 591 + + _Sharpers_, an account of noted Females concerned in different kinds + of Frauds, 127, 130 + + _Sharpers and Swindlers_, their various devices to defraud the + Public, 114, 115 + + ---- Ought to find security for their Good Behaviour, 135 + + _Ships_, in the River Thames, the Loss and Inconvenience arising + from the present mode of discharging, (See _River Plunder_) + + _Silk Manufacturers_ of Spital-Fields, their Address of Thanks for + the Establishment of the Police System in 1792, 519, 520, _n._ + + _Societies_ in London for Morals, Arts, &c., 570, 571 + + _Society_ for the Relief of Persons imprisoned for small Debts, an + excellent Institution, 589 + + _Sodomy_, the Laws relative to it, and the Punishment, 46 + + ---- Introduced into England by the Lombards, _ibid._ + + _Soup Charities_, their peculiar excellence in relieving the Poor, + 81, 82, _n._, 356 + + _Southwark_, the Acts relative to its Police, 594 + + _Spirituous Liquors_, the astonishing Consumption of, &c., 327, _n._ + + _Statutes_, See _Acts of Parliament_. + + _Statute Law_--Necessity of its Revisal, and the steps taken for + that purpose, 7, _n._, 32 + + _Stolen Goods_, See _Receivers_. + + _Stores_, Government, See _Embezzlement_; _Naval Embezzlements_; + _Acts_, 257 + + _Streets_ in the Metropolis, estimated at 8000, 411 + + _Sugars_, the Plunder of, estimated at L.97,000 a year, lost by the + Planters and Merchants, and L.25,000 by the Revenue, 241, _n._ + + ---- Annual losses by Samples, L.60,000 and upwards, 235, _n._ + + _Suicide_, the effect of Gambling in the Lottery, 144, _n._ + + _Summary View_ of the Causes of the Insufficiency of the Police, + under nine different heads, 24, 25, 26, 27 + + ---- Of Prisoners committed in one year, 429 + + _Superstition_ of the Jews, See _Jews_. + + _Swindlers_, See _Sharpers_. + + + T. + + _Tea Gardens_, Public Evils, 345 + + ---- Proposals for regulating them, 347 + + _Thames_ (River) See _River Plunder--Marine Police_. + + _Thefts_ (_petty_) Causes and Progress of, Cap. III., 74, & _seq._ + + ---- By Persons not belonging to the Fraternity of Thieves, + estimated at L.700,000, 10 + + ---- From Ships in the River and upon the Wharfs, See _River + Plunder_. + + ---- From Dock-yards, Ships of War, &c. See _Dock-yards_. + + ---- Burglaries, Highway Robberies, &c., 93, 94, 103 + + _Theft._ First punished with Death by Henry I. 1108, 52 + The Laws relative to Theft in this and other Nations, 51 + + _Thieves._ Professed Thieves not intimidated when put on their + Trial; reasons assigned, 424, 425, 426, 449, 450 + The different classes of persons who resort to thieving and + robbing, 95, 96 + Many Thieves taken off by the War, but many remain behind on + account of ruptures and other disabilities, which, however, do + not prevent their committing Crimes, 99, 100 + The means used by them to accomplish their purposes, 100, 105, 291 + + _Tokens_, Provincial Coins, respecting which Regulations are + proposed, 198 + + _Transportation_, when first introduced as a Punishment, 454 + Offences punishable in this way detailed, 440 + Expence of the Transportation of Convicts to New South Wales, and + their Confinement in the Hulks, 460, 469 + + _Travelling Police_, A plan of hinted at, 109, _n._ + + _Treason_, The Laws relative to it explained, viz: + Of High Treason, 38, 39, 40 + The great inaccuracy of the Act of Edward III. in blending + together Crimes disproportionate in their nature, 39 + The Laws of China relative to High Treason, 40 + Petty Treason, how punished, 41 + + _Twenty Thousand_ rise every morning in the Metropolis, without + knowing how they are to be subsisted through the day, 313, _n._ + + _Tyburn Ticket_, A premium given for apprehending and prosecuting + Burglars, House-Breakers and Horse-stealers, explained, 391, _n._ + + + U. + + _Useful Cautions_, to Tradesmen and others against the devices of + Cheats and Swindlers, and to prevent frauds and Impositions, 124, 131 + + + V. + + _Vagrants and Vagrancy._ A specification of what constitutes this + Offence: + + ---- Idle and disorderly persons, how punished, 442, &c. + + ---- Rogues and Vagabonds, 443 + + ---- Incorrigible Rogues, _ib._ + + _Vessels_, trading to the River Thames, nearly 13,500 in the course + of a year, 215-217 + + _Volunteers_, See Loyal Military Associations. + + + W. + + _War_, The means of employing Criminals, 99, 100 + + ---- Civil Wars seldom waged from considerations of Virtue or the + security of Liberty, 37 + + _Watch-houses_ in the Metropolis, 414, _n._ + + _Watching_ the Metropolis, the Laws relating thereto, 411, 412 + + _Watchmen_ and Patroles to be placed under the control of the + Police, 106, 107 + + ---- Their miserable Establishment from 8-1/2_d._ to 2_s._ a night, + 107 + + ---- How appointed and paid, 411, 412, 411 [Transcriber's Note: sic], + _n._ + + ---- Their general unfitness, 412, 413 + + ---- The abuses which arise from this source, _ib._ + + ---- The number in the Metropolis, 414 + + ---- Rewards proposed to excite vigilance, 415, 416 + + _Watchmakers_ to be registered, 108 + + _Water_ and Waterworks, 595 + + _Watermen_ on the Thames, Act 34 Geo. III. regulating their Fares, + &c., 596 + + _West India Produce_ pilfered in a year, 240, 241, _n._ + + _Westminster_, The Acts of Parliament relative to its Police, + 411, _n._, 412, _n._ + + _Women and Children_ of late years regularly frequent the Tap rooms + of Public Houses a proof of the Corruption of Morals, 310-314 + + _Writs._ An extraordinary Statement of the astonishing expence of + small Law-suits, exemplified by an authentic Table of the number of + Writs issued in Middlesex in the course of a year, 587 + The Subject further explained, 585, 588 + + +_FINIS._ + + +[_Printed by H. Baldwin and Son, New Bridge-street, London._] + + + + + + + + +End of the Project Gutenberg EBook of A Treatise on the Police of the +Metropolis, by Patrick Colquhoun + +*** END OF THIS PROJECT GUTENBERG EBOOK A TREATISE *** + +***** This file should be named 35650.txt or 35650.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/5/6/5/35650/ + +Produced by Robert Connal, Linda Cantoni, and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by the Bibliotheque nationale de France (BnF/Gallica) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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