Patrick Colquhoun

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.

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—

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.

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

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.

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]

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 Æra 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.