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:

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]

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.

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?

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:

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.