FOOTNOTES

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[1] See Mr. Middleton's interesting Report on the County of Middlesex, and the extracts from thence in Chapter III. of this Work.

[2] Blackstone's Commentaries.

[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?

[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.

[5] Blackstone.

[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.

[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.

[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.

[9] Beccaria, or Crimes and Punishments, Cap. 6.

[10] He lived 624 years before the Christian Æra.

[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.

[12] King of the West Saxons, anno 688.

[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.

[14] Beccaria. See ante page 45.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[29] See the 28th Report of that Committee.

[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.

[31]

Persons £.
Number of Pawnbrokers within the Bills of Mortality, paying a licence of £10. a year. 213 2130
In the Country, paying £5. a year. 432 2160
Total 644 4290

[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.

[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.

[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."

[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?

[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."

[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 £.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 £.100,000 each; considerable estates have been frequently won by them in the course of one sitting."

[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.

[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.

[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 £.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.

[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.

[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.

[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 4s.. 2d. which they instantly stamped and circulated at 4s. 9d. and by which species of villainy large sums of money were suddenly amassed.—One dealer in particular is said to have made above £.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.

[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.

[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.

[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 £.166,666. 12s. 4d. sterling, and which is equal to 4d. 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.

[47] A few years ago sheet-copper was as low as 11½d. 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.

[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.

[49] See ante, p. 17, 18.

[50] Journal, House of Commons, Vol. xviii. p. 178.

[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.

[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.

[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.

[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.

[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.

[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 50l. to 55l. a year. The preferable Officers having 3s. 6d. a day only when employed, are supposed to receive wages for 2-3ds. of the year; while the extra Officers, who have only 3s. 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.

[57] Sugar and Rum imported into the Port of London, from the 25th of March 1798 to the 25th of March 1799:—

Islands. Ships. Casks,
Sugar.
Casks,
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

[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 12lb. per hhd. (instead of 1½lb. 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 10d. per pound amounts to 61,250l. a year!

[59] See the "Treatise on the Commerce and Police of the River Thames," for a particular account of these classes.

[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 40s. 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 4000l. in the course of seven years.

[61] A Shipmaster in the trade a few months since was compelled to pay 40l. 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.

[62] For a particular account of this Institution, see the "Treatise on the Commerce and Police of the River Thames," already alluded to.

[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 28lbs. 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 to the Planters. Saving to the Revenue. Total.
On 115,000 casks of sugar, at 28lbs. per cask £.97,012 £.25,150 £.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 £.111,012 £.50,150 £.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 £.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.

[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."

[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.

[66] John Harriott, Esq. the Resident Magistrate.

[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.

[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."

[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.

[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.

[71] See a plan for disposing of old stores with a view to remedy the evil, in a subsequent part of this chapter.

[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 2s. 1d. with the privilege of one bundle of chips each day, which, though not worth more than 6d. to each shipwright, actually costs Government 1s. 6d. 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 1s. 6d. £.67,500
Time lost to Government in making up these chips, equal to 6d. 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
£.140,000
Deduct 6d. 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 £.117,500

[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.

[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.."

[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.

[76] Vide Page 9.

[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.

[78] Mr. Serjeant Adair, then Recorder of London.

[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.

[80] Vide Act 30 Geo. II. cap. 24.

[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.

[82] Vide Act 30 Geo. II. cap. 24.

[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.

[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.

[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.

[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.

[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.

[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.

[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 100l. 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.

[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 £.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 £.3,310,000 0 0

[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 15d. 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.

[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.

[93] See page 81 and 82 for an account of this Charity.

[94] For a specific account of these Institutions, see the Chapter on Municipal Police.

[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.

[96] In the Preamble of the Statute on 3 & 4 William and Mary cap. 11. and particularly § 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.

[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.

[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.

[99] Fineux.

[100] Winton, chap. 4.

[101] Hale.

[102] Pult. 10, a.

[103] Hale.

[104] Dalton.

[105] Blackstone.

[106] Blackstone.

[107] Blackstone.

[108] Blackstone.

[109] Hale.

[110] Hale.

[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.

[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.

[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 25l. to 30l. In others it is not worth above 15l. to 18l. according to local situation.

[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 £.10,840
1787 15,060
1788 6,590
1789 7,340
1790 8,970
1791 6,050
£.54,850
1792 7,330
1793 8,160
1794 7,140
1795 3,290
1796 4,010
1797 9,650
£.39,580
Total in 12 years, £.94,430.

[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. § 1.

[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

[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 1s. a night, and patroles 15d. In the City of London, the salaries given to watchmen vary in each Ward, from 13l. to 18l. 19l. 20l. 21l. 7s. 23l. 8s. up to 26l. and patroles are allowed from 13l. to 35l. and 40l. a year.

[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.

[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.

[120] Beadles are, in many instances, employed at present as local superintendants of the watch, within their respective Parishes.

[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.

[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.

[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.

[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.

[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 £.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.

[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,[A] "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."[B]

[A] He died 1676.

[B] Hale, P.C. 193.

[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.

[128] Blackstone.

[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.

[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.

[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.

[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;[C] more especially as with proper management it would very soon pay itself.

[C] Vide page 99 n.

[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:—

London. Assizes in
the Country.
Total.
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

[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.

[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.

[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.

[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.

[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.

[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 5l. 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.

[140] 16 George III. cap. 43, sect. 1st, 3d, and 11th.

[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.

[142]

In 1785, George Moore, Esq. received for transporting convicts £.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
[D]£.3,721 13 6

[D] See Appendix (L. i.) to the 28th Report of Select Committee on Finance.

[143] A malignant fever, at one period, carried off a vast number, in spite of every effort to prevent it.

[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

[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 £.221 17 4
At Langston and Portsmouth Harbours 153 19 8
Total £.375 17 0

[146] See 28th Report of Finance Committee, page 17.

[147] See the Examination of the Author before the Select Committee of the House of Commons.

[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.

[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.

[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.

Government. Civil and
Military 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 [E]5111
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.

[E] 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.

[151]

Expence of maintaining about 9000 Convicts in the Hulks, from January 1, 1795, to January 1, 1798 £.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 £.1,663,974

[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 £.200 per man:—for 1000 Prisoners, £.200,000: exclusive of the whole annual expence of maintenance, &c. to an unliquidated amount.

[153] At the close of the Session in June 1798, the House of Commons voted 36000l. to Mr. Bentham, toward the expence of carrying his plan into execution. See the Appropriation Act, 39 Geo. III. c. 114.

[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.

[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,
Covent Garden.
Sir William Addington, Knt.
Nicholas Bond, Esq.
Richard Ford, Esq.
Magistrates.
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,
St. Margaret's
Westminster.
Cranley Thomas Kerby, Esq.
Henry James Pye, Esq.
Patrick Colquhoun, Esq.
Magistrates.
Mess. Arthur Gliddon and J. Jones, Clerks.
Great Marlborough-street,
Oxford Road.
Nathaniel Conant, Esq.
John Scott, Esq.
Phillip Neave, Esq.
Magistrates.
Mess. H.P. Butler and J. Thornton, Clerks.
Middlesex. Hatton Garden
Holborn.
William Bleamire, Esq.
Aaron Graham, Esq.
Robert Baker, Esq.
Magistrates.
Mess. A. Todd and W. Upton, Clerks.
Worship-street,
Finsbury-Squ.
John Floud, Esq.
William Brodie, Esq.
John Nares, Esq.
Magistrates.
Mess. Chas. Lush and J. Chalmers, Clerks.
Lambeth-street,
Whitechapel.
Rice Davies, Esq.
Henry Reynett, D.D.
Daniel Williams, Esq.
Magistrates.
Mess. John Smith and J. Bailey, Clerks.
High-street,
Shadwell.
George Storie, Esq.
John Staples, Esq.
Rupert Clarke, Esq.
Magistrates.
Mess. J. Rowswell and G. Skeen, Clerks.
Surrey. Union-street,
Southwark.
Gideon Fournier, Esq.
Benjamin Robinson, Esq.
Richard Carpenter Smith, Esq.
Magistrates.
Mess. D. Campbell and J.A. Jallicoe, Clerks.
Marine Police,
Wapping New Stairs.
P. Colquhoun, Esq. superintending Magistrate, gratis
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.

[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.

[157] See Tract on Public Houses, by the Author of this Treatise.

[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.

[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.

[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.

[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.

[162] If this were the case, neither the Bank, nor the avenues to every part of Cheapside, &c.[F] 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.[G]

[F] See p. 106.

[G] Vide Table, p. 429.

[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."

[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.

[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."

[166] Vide page 63 & seq. of this Volume.

[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.

[168] See Appendix to the 28th Report of the Committee.

[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.

[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 £.64,000
The increase of the existing Revenues is stated at 19,467
£.83,467

[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 5½ years £.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 £.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 10l. to 20l. per Man per annum, were by computation 1,498 14 10¼
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 11½
120,036 7
155,869 13 10¾
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 10¾

[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.

[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 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.[H]

[H] Persons keeping Crucibles, and Auctioneers.

[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.

[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.

[176] From an estimate which has been made, the three Classes mentioned in division IV. might be made to produce above 100,000l. 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.

[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.

[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.

[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.

[180] See the 28th Report of the Select Committee, page 4.

[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.

[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.

[183] See for some further particulars the 27th Report of the Finance Committee.

[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 12l. each.
£.
Costs of Actions defended at 50l. each.
£.
Net Amount of Debts sued for
£.
1 from 10 to 20l. 5,719 4,966 753 68,728 285,950 81,791
2 20 to 30 2,267 1,878 389 21,090 113,350 85,675
3 30 to 100 4,367 2,492 1,875 52,404 238,350 237,358
4 £.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 81,791l. in the 1st class.

[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.

[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.

[187] See Table in page 215.

[189] The Publicans in their petition to the House of Commons (1796) estimated their loss at 100,000l. But there is some reason to suppose this was exaggerated.

[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.

[191] See pages 345, 346, and 347.

[192] See page 348.

[193] See page 338.

[194] See page 349.

[195] See pages 33, and 34.

[196] See pages 333 to 345.

[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.

[199] Said to be above Two Thousand pounds a year.

[200] See page 151 to 170.

[201] See pages 319 to 323, Chap. 11th.

[202] See pages 351 to 380.

[203] 33 Henry VIII. cap. 1. and 30 Geo. II. cap. 24.

[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.

[205] See Chapters III. and IV.

[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 1,663,974l.

[207] See pages 105 and 539 in this Work.

[208] See pages 84, 5.

[209] See pages 428 and 429.

[210] See pages 584 to 590.


Transcriber's Errata List

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."





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