But laws for this purpose must not be placed upon the Statute-Book as

a kind of dead letter, only to be brought into action when accident

may lead to the detection, perhaps of one in a thousand. If the evil

is to be cured at all, it must be by the promotion and encouragement

of an active principle, under proper superintendance, calculated to

prevent every class of dealers, who are known to live partly or wholly

by fraud, from pursuing those illegal practices; which nothing but a

watchful Police, aided by a correct system of restraints, can possibly

effect.

Nor ought it to be argued, that the restraints, which may hereafter be

proposed, will affect the liberty of the Subject. They will assist and

protect the honest and fair dealer; and it is perfectly consistent

with the spirit of our ancient laws, to restrain persons from doing

evil, who are likely to commit offences; the restrictions can affect

only a very few, comparatively speaking; and those too whose criminal

conduct has been the principal, if not the sole cause, of abridging

the general liberty; while it subjected the great mass of the people

to the risk of their life and property.

Whenever Dealers, of any description, are known to encourage or to

support crimes, or criminal or fraudulent persons, it becomes the

indispensable interest of the State, and the duty of the Legislators

to prevent them from pursuing, at least, the mischievous part of their

trade; and that provisions should be made for carrying the laws

strictly and regularly into execution.

While restraints of a much severer nature than those which are

hereafter proposed, attach to all trades upon which a revenue is

collected; can it be considered as any infringement of freedom, to

extend a milder system to those who not only destroy liberty but

invade property?

The present state of Society and Manners calls aloud for the adoption

of this principle of regulation, as the only practicable means of

preserving the morals of a vast body of the Community; and of

preventing those numerous and increasing crimes and misdemeanors,

which are ultimately attended with as much evil to the perpetrators as

to the sufferers.

If such a principle were once established, under circumstances which

would insure a correct and regular execution; and if, added to this,

certain other practicable arrangements should take place, (which will

be discussed in their regular order in these pages,) we might soon

congratulate ourselves on the immediate and obvious reduction of the

number of Thieves, Robbers, Burglars, and other criminals in this

Metropolis, being no longer able to exist, or to escape detection.

Without the aid, the concealment, and the opportunities, afforded at

present by the multitude of Receivers spread all over the Capital,

they would be compelled to abandon their evil pursuits, as no less

unprofitable and hazardous, than they are destructive to the best

interests of Society.

This indeed is very different from what is said to have once prevailed

in the Capital, when criminals were permitted to proceed from the

first stage of depravity until they were worth forty pounds.--This is

not the System which subjected the Public to the intermediate

depredations of every villain from his first starting, till he could

be clearly convicted of a capital offence.--Neither is it the System

which encouraged public houses of rendezvous for Thieves, for the

purpose of knowing where to apprehend them, when they became ripe for

the punishment of death.

The System now suggested, is calculated to prevent, if possible, the

seeds of villainy from being sown; or, if sown, to check their growth

in the bud, and never permit them to ripen at all.

It is proposed to extend this system of prevention to the Coiners,

Dealers, and Utterers of base Money; and to every species of theft,

robbery, fraud, and depredation.

The vast increase, and the extensive circulation of counterfeit Money,

particularly of late years, is too obvious not to have attracted the

notice of all ranks. It has become an enormous evil in the melancholy

catalogue of Crimes which the Laws of the Country are called upon to

assist the Police in suppressing.--Its extent almost exceeds

credibility; and the dexterity and ingenuity of these counterfeiters

have, (after considerable practice,) enabled them to finish the

different kinds of base Money in so masterly a manner, that it has

become extremely difficult for the common observer to distinguish

their spurious manufacture from the worn-out Silver of the Mint.--So

systematic, indeed, has this nefarious traffic become of late, that

the great dealers, who, in most instances are the employers of the

Coiners, execute orders for the Town and Country, with the same

regularity as manufacturers in fair branches of trade.

Scarcely a waggon or coach departs from the Metropolis, which does not

carry boxes and parcels of base Coin to the camps, sea-ports, and

manufacturing towns. In London, regular markets, in various public and

private houses, are held by the principal Dealers; where _Hawkers,

Pedlars, fraudulent Horse-Dealers, Unlicensed Lottery-Office-Keepers,

Gamblers at Fairs, Itinerant Jews, Irish Labourers, Servants of

Toll-Gatherers, and Hackney-Coach Owners, fraudulent Publicans,

Market-Women, Rabbit-Sellers, Fish-Cryers, Barrow-Women_, and many who

would not be suspected, are regularly supplied with counterfeit Copper

and Silver, with the advantage of nearly L.100 _per cent._ in their

favour; and thus it happens, that through these various channels, the

country is deluged with immense quantities of base Money, which get

into circulation; while an evident diminution of the Mint Coinage is

apparent to every common observer.

It is impossible to reflect on the necessity to which all persons are

thus reduced, of receiving and again uttering, Money which is known to

be false and counterfeit, without lamenting, that by thus

familiarizing the mind to fraud and deception, the same laxity of

conduct may be introduced into other transactions of life:--The

barrier being broken down in one part, the principle of common honesty

is infringed upon, and infinite mischief to the very best interests of

Society, is the result, in cases at first unthought of.

To permit, therefore, the existence of an adulterated, and

ill-regulated Silver and Copper Coinage, is in fact to tolerate

general fraud and deception, to the ultimate loss of many individuals;

for the evil must terminate at some period, and then thousands must

suffer; with this aggravation, that the longer it continues the

greater will be the loss of property.

Nor has the mischief been confined to the counterfeiting the Coin of

the Realm. The avarice and ingenuity of man is constantly finding out

new sources of fraud; insomuch, that in London, and in Birmingham, and

its neighbourhood, Louis d'Ors, Half Johannas, French Half Crowns and

Shillings, as well as several coins of Flanders and Germany, and

Dollars of excellent workmanship, in exact imitation of the Spanish

Dollars issued from the Bank, in 1797, have been from time to time

counterfeited apparently without suspicion, that under the act of the

14th of Elizabeth, (cap. 3,) the offenders were guilty of misprision

of High Treason.

These ingenious miscreants have also extended their iniquitous

manufacture to the coins of India; and a Coinage of the Star Pagoda of

Arcot was established in London for years by one person.--These

counterfeits, being made wholly of blanched copper, tempered in such a

manner as to exhibit, when stamped, the cracks in the edges, which are

always to be found on the real Pagoda, cost the maker only Three

Half-pence each, after being double gilt.--When finished, they are

generally sold to Jews at Five Shillings a dozen, who disposed of them

afterwards at 2_s._ 3_s._ or even 5_s._ each; and through this medium,

they have been introduced by a variety of channels into India, where

they were mixed with the real Pagodas of the country, and passed at

their full denominated value of Eight Shillings sterling.

The Sequins of Turkey, another Gold Coin, worth about five or six

shillings, have in like manner been counterfeited in London;--Thus the

national character is wounded, and the disgrace of the British name

proclaimed in Asia, and even in the most distant regions of India. Nor

can it be sufficiently lamented that persons who consider themselves

as ranking in superior stations of life, with some pretensions to

honour and integrity, have suffered their avarice so far to get the

better of their honesty, as to be concerned in this iniquitous

traffic.

It has been recently discovered that there are at least 120 persons in

the Metropolis and the Country, employed principally in coining and

selling base Money; and this, independent of the numerous horde of

Utterers, who chiefly support themselves by passing it at its full

value.

It will scarcely be credited, that of Criminals of this latter class

who have either been detected, prosecuted, or convicted, within the

last seven years, there stand upon the Register of the Solicitor to

the Mint, more than 650 names!--And yet the mischief is not

diminished. When the Reader is informed, that two persons can finish

from L.200 to L.300 (nominal value,) in base silver in _six days_; and

that three people, within the same period, will stamp the like amount

in Copper, and takes into the calculation the number of known Coiners,

the aggregate amount in the course of a year will be found to be

immense.

The causes of this enormous evil are, however, easily developed.--The

principal laws relative to Counterfeit Coin having been made a Century

ago, the tricks and devices of modern times are not sufficiently

provided against;[7] when it is considered also, that the offence of

dealing in base Money, (which is the main spring of the evil,) is only

punishable by a slight imprisonment; that several offences of a

similar nature are not punishable at all, by any existing statute; and

that the detection of actual Coiners, so as to obtain the proof

necessary for conviction, required by Law, is, in many instances,

impracticable; it is not to be wondered at, where the profit is so

immense, with so many chances of escaping punishment, that the coinage

of, and traffic in, counterfeit Money has attracted the attention of

so many unprincipled and avaricious persons.

[Footnote 7: The partial remedy applied to some of these evils by

Statutes passed since the former Edition of this Work, shall be

noticed in a subsequent Chapter dedicated to the subject of Coinage.]

Having thus stated many prominent abuses which appear to arise from

the imperfections in our Criminal Code, as well as the benefits which

an improved system would extend to the country; it now remains to

elucidate the further evils arising to Society, from the abuses

practised in carrying the existing statutes into execution.--As the

laws now stand, little or no energy enters into the system of

detection, so as to give vigor and effect to that branch of Police

which relates to the apprehension of persons charged with offences;

and no sooner does a Magistrate commit a hacknied Thief or Receiver of

stolen Goods, a Coiner, or Dealer in base Money, or a Criminal charged

with any other fraud or offence punishable by law, than recourse is

immediately had to some disreputable Attorney, whose mind is made up

and prepared to practise every trick and device which can defeat the

ends of substantial justice. Depraved persons, frequently accomplices,

are hired to swear an _alibi_; witnesses are cajoled, threatened, or

bribed either to mutilate their evidence, or to speak doubtfully on

the trial, although they swore positively before the committing

Magistrate.

If bribes and persuasions will not do, the prosecutors are either

intimidated by the expence,[8] or softened down by appeals to their

humanity; and under such circumstances, they neither employ counsel

nor take the necessary steps to bring forward evidence: the result is,

that the Bill is either returned _ignoramus_ by the Grand Jury; or, if

a trial takes place, under all the disadvantages of a deficient

evidence, without a counsel for the prosecution, an advocate is heard

for the prisoner, availing himself of every trifling inaccuracy which

may screen his client from the punishment of the Law, the hardened

villain is acquitted and escapes justice: while, as we before noticed,

the novice in crimes, unskilled in the deficiencies of the Law, and

unable, from the want of criminal connections, or that support which

the professed thief receives from the Buyers of stolen goods, to

procure the aid of counsel to defend him, _is often convicted_!

[Footnote 8: No hardship can be so great as that of subjecting an

individual, under any circumstance whatsoever, to the expence of a

public prosecution, carried on in behalf of the King: Besides adding,

almost on every occasion, to the loss of the parties, it is productive

of infinite mischief, in defeating the ends of Justice.]

The Registers of the Old Bailey afford a lamentable proof of the evils

arising from the present mode of trying criminals without a public

Prosecutor for the Crown.--In the course of seven years, previous to

the Police Establishment, no less than 4262 prisoners, who had been

actually put upon their trial by the Grand Jury, were let loose upon

the Public by acquittals.

Since that period no material diminution has taken place, except what

may be easily accounted for by the war; and when to this dreadful

Catalogue of Human Depravity, is to be added, the vast number of

criminals who are periodically discharged from the different gaols by

proclamation, and of cheats, swindlers, gamblers, and others, who have

never yet been discovered or known, we may state with certainty that

there are at this time _many thousand_ individuals, male and female,

prowling about in this Metropolis, who principally support themselves

by various depredations on the Public.

Nor does the evil rest here; for even convicted felons, in too many

instances, find means to escape without punishment; and to join that

phalanx of villains, who are constantly engaged in objects of

depredation and mischief.

No sooner does the punishment of the law attach on a criminal, than

false humanity becomes his friend. Pardons are applied for; and it is

known that his Majesty's great goodness and love of mercy has been

frequently abused by the tricks, devices, and frauds, too commonly

resorted to, by convicts and agents equally depraved as themselves;

who while they have recourse to every species of falsehood and

forgery, for the purpose of attaining the object in view, at the same

time plunder the friends and relatives of the prisoner, of their last

guinea, as the wages of villainy and misrepresentation.

By such nefarious practices, it is much to be feared, that many a

hardened villain has eluded the punishment of the Law, without any

previous reference to the committing Magistrates, who may be supposed

to have accurately examined into his character and connections; and

what is still worse, without extending to the Community those benefits

which might arise from important discoveries useful to Public Justice;

such as convicted felons are always capable of making, and which, in

conjunction with transportation, it should seem, ought to be one

indispensable condition, upon which pardons should be granted to

capital convicts.

Instead of these precautions which appear to be absolutely requisite,

it is to be lamented, that without reflecting that a common thief can

seldom be restrained by military discipline, many of the worst class

of convicts have received his Majesty's gracious pardon, on the simple

condition of going into the Army or Navy: This has been no sooner

granted, than the Royal Mercy has been abused, either by desertion, or

by obtaining a discharge, in consequence of some real or pretended

incapacity, which was previously concealed. Relieved in so easy a

manner, from the heavy load of a capital punishment, the culprits

return again to their old practices; and by this means, punishment not

only ceases to operate as a prevention of crimes, by example, but

becomes even an encouragement; while the labour of detection, and the

expence of trial and conviction, are fruitlessly thrown on an injured

individual, and their effect is wholly lost to the Public.

In addition to the enormous evil arising from the periodical discharge

of so many criminals by proclamations, acquittals, and pardons; _the_

HULKS also send forth, at stated times, a certain number of convicts;

who having _no asylum_, _no home_, _no character_, and _no means of

subsistence_, seem to have only the alternative of starving, or

joining their companions in iniquity; thus adding strength to the body

of criminals, by the accession of men, who, polluted and depraved by

every human vice, rendered familiar to their minds in those seminaries

of profligacy and wickedness from whence they have come, employ

themselves constantly in planning and executing acts of violence, and

depredation upon the Public; and some of them, rendered desperate from

an additional degree of depravity, feel no compunction in adding the

crimes of murder to that of robbery, as has been too clearly

manifested by many late instances.

From what has been thus stated, is it not fair to conclude, that the

want of security which the Public experiences with regard to life and

property, and the inefficacy of the Police in preventing crimes, are

to be attributed principally to the following causes?

1. _The imperfections in the Criminal Code; and in many

instances, its deficiency, with respect to the mode of

punishment; as well as to the want of many other

regulations, provisions, and restraints, applicable to the

present of Society, for the purpose of preventing crimes._

2. _The want of an active principle, calculated to

concentrate and connect the whole Police of the Metropolis

and the Nation; and to reduce the general management to

system and method, by the interposition of a superintending

agency, composed of able, intelligent, and indefatigable men,

acting under the direction and controul of his Majesty's

Principal Secretary of State for the Home Department.--On

these persons, it is proposed, should devolve the subordinate

care and direction of the general Police of the Metropolis;

so as to obtain, by the introduction of order and

arrangement, and by efforts of labour and exertion, a

complete History of the connections, and pursuits of all or

most of the criminal and fraudulent persons who resort to the

Metropolis; (either natives or foreigners;) forming, from

such materials, a Register of all known offenders, and

thereby establishing a clue for their detection, as often as

they are charged with committing depredations on the

Public--with power to reward Officers of Justice, and all

other persons whose services are found to be useful in the

discovery or detection of delinquents of every

description.--To keep an Account of property stolen, or

procured by swindling or fraudulent transactions in the

Metropolis, as well as in other parts of Great-Britain:--To

establish a Correspondence with the Magistrates in Town and

Country, so as to be able more effectually to watch the

motions of all suspected persons; with a view to quick and

immediate detection; and to interpose such embarrassments in

the way of every class of offenders, as may diminish crimes

by increasing the risk of detection: All this, under

circumstances where a_ centre-point would be formed, _and the

general affairs of the Police conducted with method and

regularity:--where Magistrates would find assistance and

information; where the greater offences, such as the_ Coinage

of base Money, _and_ Lottery Insurances, _would be traced to

their source; the care and disposal of convicts, according to

their different sentences, be minutely attended to; and the

whole System conducted with that intelligence and benefit to

the Country, which must arise from the attention of men of

business being directed solely to these objects, distinct

from all other affairs of State; and their exertions being

confined principally to the preservation of the morals of the

People, and the prevention of crimes._

3. _The want of an Institution of Police Magistrates in the

Dock Yards, and in all great Commercial and Manufacturing

Towns, where there are no Corporations or Funds for the

administration of Public Justice._

4. _The want of a Public Prosecutor for the Crown, in all

criminal cases, for the purpose of preventing fraud, delay

and expence in the administration of Justice._

5. _The want of a more correct and regular System, for the

purpose of obtaining the fullest and most authentic

information, to avoid deceptions in the obtaining of

pardons._

6. _The deficiency of the System of the_ Hulks.

7. _The want of an improved System with regard to the

arrangements and disposal of Convicts--destined for hard

labour or for transportation._

8. _The want of national_ Penitentiary Houses, _for the

punishment and reformation of certain classes of Convicts._

9. _The want of a more solemn mode of conducting Executions;

whenever such dreadful examples are necessary for the

furtherance of Public Justice._

Having thus explained the general features of the actually existing

_Crimes_, and their probable causes, we shall in the next place

proceed to some considerations on the present principles of

_Punishment_ in this Country, as compared with those in other Nations

and ages. It will then be requisite to enter into particular and

minute details on both these subjects; and to offer some suggestions

for the introduction of new and applicable laws to be administered

with purity under a correct and energetic System of Police; which may

be, in some degree, effectual in guarding the Public against those

increasing and multifarious injuries and dangers, which are

universally felt and lamented.

CHAP. II.

_Of Punishments in general.--The mode of ascertaining the

degrees of Punishment.--The objects to be considered in

inflicting Punishments--namely, Amendment--Example--and

Retribution.--The Punishment of Death has little effect on

hardened Offenders.--Examples of convicts exhibited in

servile employments would make a greater

impression.--Towards the rendering criminal laws perfect,

Prevention ought to be the great object of the

Legislature.--General Rules suggested for attaining this

object, with illustrations.--The severity of our laws with

respect to Punishments--not reconcileable to the principles

of morality, and a free government--calculated in their

operation to debase the human character.--General

Reflections on the Punishments authorised by the English

Law.--The disproportion of Punishments, exemplified in the

case of an assault, opposed to a larceny.--In seduction and

adultery, which are not punishable as criminal

offences.--The laws severe in the extreme in political

offences, while they are lax and defective with regard to

moral Crimes.--The necessity of enforcing the observance of

religious and moral Virtue by lesser Punishments.--General

Reflections applicable to public and private Crimes.--The

dangers arising from the progress of immorality to the

safety of the State.--The leading offences made capital by

the laws of England considered, with the Punishment

allotted to each; compared with, and illustrated by, the

custom of other countries, in similar cases, both ancient

and modern: namely, High Treason--Petit Treason:--Felonies

against Life, viz. Murder, Manslaughter, Misadventure, and

Self-defence:--against the Body, comprehending Sodomy, Rape,

Forcible Marriage, Polygamy, and Mayhem.--Against Goods or

Property, comprehending Simple Larceny, Mixt Larceny, and

Piracy,--and against the Habitation, comprehending Arson and

Burglary.--Concluding Reflections relative to the severity

of the Laws, and their imperfections with regard to

Punishment--The new Code of the_ Emperor JOSEPH the Second,

_shortly detailed.--Reflections thereon._

A Treatise on the Police of the Metropolis Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their Prevention · 第 2 / 44 段