Becc. chap. 28. 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. 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.
"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 £.20 or £.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 £.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. 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. 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.
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 4000l. in the course of seven years.
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 £.8,000,000 sterling a year, it is not too much to say that 1½ 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. "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." 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."
"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.." In France, (before the Revolution) the offence of receiving stolen goods was punished with death. 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.
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.
Beccaria, cap. 46.
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.
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.
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. "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." 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. 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.
Thus it appears, that upwards of one million of money, in the 4th class, is recovered at considerably less than half the expence of 81,791l. in the 1st class. 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. p. ii: The page number for Chapter II should be 28. p. ix: The page number for Chapter XII should be 333. p. xii: The page number for Chapter XV should be 421. p. xiii: The page number for Chapter XVI should be 434. p. xv: The page number for Chapter XVIII should be 535. p. xvi: The page number for Chapter XIX should be 565. p. 41: "sown" should be "sewn." p. 249: Page 248 is skipped, as it contains only the continuation of Footnote 68. p. 398: The table entry for the Division of Kensington contains no figures in the original for the High Constable and the Parochial Constables and Headboroughs. p. 430: In the second table, fourth heading, "Acquitals" should be "Acquittals." p. 475: "loose" should be "lose." p. 632: "mean" should be "means." Index: Under the entry "Marine Police Institution," the reference to p. 248 should be 240. Index: Under the entry "Prisoners, Discharged from 1792 to 1799, from the Hulks, ditto," the figure "11,183" should be "1,383." Index: Under the entry "River Plunder," there is no page reference in the original after "Various classes of River Plunderers." Index: Under the entry "Watchmen, How appointed and paid," the reference to "411, n." is out of order in the original. Footnote 173: The blank space in the original after "abandon" probably should be "two." |