In the spring season too, the dealers in counterfeit coin begin to

make up their orders for the different country towns; and it is

supposed, upon good grounds, that there is now scarcely a place of any

consequence all over the kingdom where they have not their

correspondents; it is also a fact well established, that many of these

correspondents come regularly to the _Metropolis_, and also go to

Birmingham and the neighbouring towns once or twice a year for the

purpose of purchasing base money, where the evil is said to be

increasing even more than in London.

It very seldom happens, on account of the great demand, (especially of

late years) that the dealers have ever any considerable stock on hand.

The base money is no sooner finished, than it is packed up and sent to

customers in town and country; and with such rapidity has it been

fabricated, on occasions of pressing emergency, that a single dealer

has been known to procure from the coiners who worked for him, from

L.300 to L.500 for country orders, in the course of the week!

The lower ranks among the Irish, and the German Jews, are the chief

supporters of the trade of circulating base money in London;--there is

said to be scarce an Irish labourer who does not exchange his week's

wages for base money; taking a mixture of shillings, sixpences, and

copper.

The Jews principally confine themselves to the coinage and

circulation of copper; while the Irish women are the chief utterers

and colourers of base silver. A vast number of these low females have

acquired the mischievous art of colouring the bad shillings and

sixpences, which they purchase from the employers of Jew-boys, who cry

_bad shillings_.

It is somewhat singular that among the Jews, although many cases occur

where they appear to be coiners of copper money and dealers to a great

extent, yet scarce an instance can be adduced of their having any

concern in the coinage of base silver: neither are they extensive

dealers in any other base money than copper.

The Jews, however, deal largely in foreign coin, counterfeited in this

country; having been the chief means by which _Louis d'Ors_, _Half

Johannas_, as well as various silver coins, (particularly _Dollars_)

made of base metal, have been sent out of this country. It is through

the same channel that the Sequins of Turkey have been exported; and

also the Pagodas of India.[49]

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

In contemplating and in developing the causes of the vast accumulation

and increase of base money, which has thus deluged the country of late

years, the evil will be found to have proceeded chiefly from the want

of _a new coinage:--of laws, applicable to the new tricks and devices

practised by the coiners:--of proper checks upon fraudulent

Circulation:--of rewards for the detection and apprehension of

Offenders;--and of a sufficient fund to ensure the prompt execution of

the law; by a vigorous and energetic Police_, directed not only to the

execution of apposite laws in the detection and punishment of

offenders, but also to the means of prevention.

The vigour and energy requisite to put good and apposite laws in

execution for the suppression of crimes of every kind, but

particularly that of the coinage and circulation of base money, depend

much on the zeal and activity of the Magistrate: and on the affording

an adequate pecuniary resource, to enable him to reward men who may

undertake to risk their persons in the company of desperate and daring

offenders, in order to obtain that species of evidence which will

produce a conviction. Without such pecuniary resource, the law, as

well as the exertions of the Magistrate, becomes a dead letter: and

his efforts for the purpose of promoting the ends of public justice,

are crippled and lost to the Community.

In suppressing great evils, strong and adequate powers must be

applied, and nothing can give force and activity to these powers, but

the ability to reward liberally all persons engaged in the public

service, either as police officers, or as temporary agents for the

purpose of detecting atrocious offenders. The following ideas are

therefore suggested with a view to the important subject at present

under discussion.

The Coinage Laws (except those relating to copper money) which

contain the most important regulations in the way of prevention,

having been made a century ago, it is not to be wondered at, in

consequence of the regular progress of the evil, and the new

contrivances and artifices resorted to, in that period, that many

obvious amendments have become necessary. A consolidation of the whole

laws from the 25th of Edward the Third, to the 14th of his present

Majesty, would, perhaps, be the most desirable object; as it would

afford a better opportunity of correcting every deficiency, and of

rendering this branch of the criminal code, _concise_, _clear_,

_explicit_,--applicable to the existing evils, and to the means of

prevention.

For the purpose, however, of more fully elucidating this proposition,

it will be necessary to state the existing laws, and what are

considered as the most apparent deficiencies therein.

We will begin by giving a short _Summary_ of the existing Laws.

25 Edw. III. _stat._ These acts make counterfeiting the

5, _cap._ 2. gold and silver coin of the

1 Mary, _stat._ 2, _c._ realm--counterfeiting foreign money,

6. current within the realm--knowingly

1 & 2 Ph. & Mary, bringing false money into the realm

_cap._ 11. counterfeit to the money of England;

5 Eliz. _cap._ 11. or bringing in _any_ false and

14 Eliz. _cap._ 3. counterfeit money, current within

18 Eliz. _cap._ 1. the realm; in order to utter the

same here;--diminishing or

lightening any current (gold or

silver) coin--_High

Treason_.--Counterfeiting foreign

money, not current in the

kingdom--_Misprision of Treason_.

8 & 9 Will. III. These Acts contain a detail of

_cap._ 26 (_made the principal offences and punishments,

perpetual by_ 7 upon which prosecutions

Anne, _c._ 25)--9 are founded at present.

& 10 Will. III.

_c._ 21.

7th of Queen Anne, Allows 400_l._ a year for prosecuting

_cap._ 24. offenders; increased by 15

Geo. II. _c._ 28. Sec. 10, to 600_l._

15th of George II. Amends some of the above laws, and

_cap._ 28. establishes new regulations relative

to the Copper Coinage.

11th George III. Makes further regulations respecting

_cap._ 40. the Copper Coinage; which, however,

have not been at all effectual.

Since the last edition of this work the following additions have been

made to the Statute Law on this subject.

By 37 Geo. III. _c._ 126, so much of 15 Geo. II. _c._ 28, as relates

to _halfpence and farthings_, and the statute 11 Geo. III. _c._ 40,

and all other acts relating to the copper money of this realm, are

extended to all such copper money as shall be coined and issued, by

the King's Proclamation.--This was for the purpose of protecting the

Coinage of _penny_ and _twopenny_ pieces made for Government by Mr.

Boulton, of Birmingham; and which it is believed have not yet been

counterfeited, at least to any great extent.

By the same statute, 37 Geo. III. _c._ 126, persons counterfeiting any

_foreign gold or silver coin_, tho' not current in this realm, are

made guilty of felony, punishable by seven years' transportation; as

are also persons bringing the same into the realm, with intent to

utter it.--A penalty is imposed on persons tendering _such_

counterfeit coin in payment, _or exchange_; for the first offence, six

months' imprisonment: for the second, two years; and on the third,

they are declared guilty of felony without Clergy.--Persons having

more than _five_ pieces of such counterfeit coin in their possession,

shall forfeit the same, and also a penalty of not more than L.5, nor

less than 40_s._ for each piece; or suffer three months'

imprisonment.--Justices are impowered to grant warrants for searching

suspected places, _for such counterfeit foreign coin_; which with the

tools and materials may be seized and carried before a Justice, who

shall secure the same as evidence: to be afterwards destroyed.

By statute 38 Geo. III. _c._ 59, the act 14 Geo. III. _c._ 42,

prohibiting the importation of light silver coin of this realm, was

revived and continued till June 1, 1799.--And by statute 39 Geo. III.

_c._ 75, it was made perpetual.

By statute 38 Geo. III. _c._ 67, _Copper Coin_ not being the legal

Copper Coin of this realm, and _all counterfeit gold or silver coin

whatever_, exported, or shipped for exportation, to Martinique or any

of the British Colonies in the West Indies or America, is declared to

be forfeited, and may be seized as under the laws respecting the

Customs.--And a penalty is imposed on persons exporting it, of L.200

and double the value of the coin.

We next proceed to state the deficiencies which still remain

unremedied.

1. The punishment inflicted on the different offences

specified in the Coinage Laws, do not seem to be adequate to

the degree of enormity, in some instances; while in others,

from being too severe, the law is not always put in

execution. The sale of base Money (for instance) under the

value it imports, is only punishable by a year's

imprisonment; although in point of fact, it is well known,

that the Sellers are the _Employers of the Coiners_; that

with them this high offence originates, and but for them it

would not have been committed: while the actual Coiners, who

work for these Dealers merely as Journeymen, subject

themselves to the punishment of Death.

2. Prosecutions under the stat. 8 & 9 W. III. _c._ 26, are

at present limited to commence within three months. This may

often defeat justice, as offences committed in the country

frequently cannot be tried in less than four, five, and in

some cases nearly six months. [-->] _The limitation to

twelve months would remove the difficulty._ [There is no

such limitation in the statutes of 37 & 38 of Geo. III. just

alluded to.]

3. The words _Milled Money_ seemed necessary, in the minds

of the makers of the act of 8 & 9 William III. _cap._ 26, to

form the description of coin similar to the current Coin of

the Realm; and that Act declares it to be felony to take,

receive, pay, or put off _counterfeit milled Money_.--A

considerable portion of counterfeit Coin is _cast_, and _not

milled_. [-->] _The words_ counterfeit Money, Milled _or_

not Milled, _would remove the ambiguity._

4. It does not appear that any provision is clearly made, or

punishment inflicted, for the offence of _uttering base

silver Money in exchange_, as well as in payment: except

under _stat._ 8 and 9 Will. III. _cap._ 26, where the

expression of _counterfeited milled money_ is used, the

ambiguity of which has already been noticed. The words in

the _stat._ 15 Geo. II. _c._ 28. are, "any person who shall

utter or tender in payment," and it seems that the word

_utter_ cannot be detached from the subsequent words, "in

payment." [The partial remedy applied in this particular in

the instance of counterfeit _foreign gold and silver coin_,

under 37 Geo. III. _c._ 126, should be extended to _all_

cases of counterfeit money.]

5. The laws peculiarly relating to the _Copper Coinage_,

although more modern, have also been found to be extremely

defective, and totally inadequate to their object. The Act

of the 11th of his present Majesty, _cap._ 40, indeed,

makes it felony to sell Copper Money of the similitude _of

the current Money of the Realm_ at a less value than the

denomination doth import; but the benefit of Clergy not

being taken away, and no specific punishment being

mentioned, the offenders are generally subjected only to a

year's inprisonment, which proves no check whatever, as

their families carry on business in the mean time; and if

they sell _plain or evasive Halfpence_, or what are called

_Irish Harps_, or mix them with _stamped Half-pence_,

similar to the current Coin of the Realm, so that the

stamped Coin does not exceed the value of what the

denomination imports, it is doubtful whether the prosecution

will not fail.

[-->] It is submitted, that a statute ought to be framed, declaring it

_Felony_, punishable by seven years' transportation: 1st. For any

person to make or manufacture any piece of Copper or other metal, with

or without any device whatsoever, with an intent that it shall pass as

the _Copper Monies of the Kingdoms of Great Britain or Ireland_. 2nd.

For any smith, engraver, founder, &c. or any person, except those

employed in the Mint, or authorized by the Treasury, to make or mend,

buy or sell, conceal or have in their possession, without a lawful

excuse, any puncheon, stamp, die, mould, &c. on which shall be

impressed, or with intent that there shall be impressed on the same,

any resemblance whatever, in part or in the whole, of such _Copper

Monies_. 3d. For any person to buy or sell, or offer to buy or sell,

or to utter or tender in payment, or to give or offer to give in

exchange, _thirty or more pieces of Copper_ in any one day; such piece

resembling or being intended to resemble, or passing or being intended

to pass as the current Copper Money of the said kingdoms.

That such proposed statute should also make it a misdemeanor

(punishable by a fine of 40_s._ for the first offence, L5. for the

second, and L10. for every subsequent offence) for any person to buy,

sell, utter, &c. any number _less than thirty_ of such pieces of

Copper, resembling or intended to resemble or pass, &c. as such

current Copper Money. The fines to be recoverable in a summary way

before one magistrate. This would reach Turnpike-men and others, who

wilfully pass bad Halfpence at one gate which are refused at another:

and would generally check the circulation of base Copper Money, which

has become an evil of great magnitude.

6. The laws, as they now stand, are silent regarding

Provincial Copper Coin, or what are called _Tokens_,

representing an Halfpenny. It might perhaps be useful to

legalize _Tokens_ or _Provincial Coins_ on three conditions.

[-->] _1. That the Copper of which they are made shall be

pure.--2. That this Coin shall be at least 10 per cent.

heavier than Mr. Boulton's new Coinage.--3. That the parties

circulating such Coin be responsible to the holders, for the

value in Gold or Silver, when demanded: and shall stamp

their names and an obligation to that purpose on the Coins,

Tokens, or Medals so issued by them._--It would be necessary

under such circumstances that every person, issuing Tokens

or Medals, should take out a Licence for that purpose from

the principal Officers of the Mint, as an authority for such

Coinage: giving security at the same time to observe the

above Conditions.

It may, however, be worthy consideration, whether these tokens should

not be wholly suppressed, and the offence of fabricating any Copper

pieces passing, or intended to pass "_as, for, or in lieu of_" the

lawful Copper Coin, be made felony: and that such tokens should in all

respects be considered as actual Counterfeit Coin, and treated

accordingly: or, at all events, that persons issuing and circulating

such tokens should be liable to a severe penalty; and bound to pay the

holder, on demand, the full denominated value.

7. The mischievous agents of the Dealers in base Money, _the

persons who keep Flatting-mills, and other machinery, for

preparing, and rolling their metals, for being coined into

base Money_, are not at present within the reach of

punishment by any existing law. Although by preparing the

metal for the subsequent process of stamping, they are in

fact parties concerned, without whose aid the Coinage of

what are called _Flats_, or milled money, could not be

carried on.--The chief difficulty is in punishing persons

for producing an article which may be turned into coach and

harness ornaments, buttons, and many purposes as well as

base Money.

[-->] With respect to this whole tribe of dangerous manufacturers,

whose trade and abilities are so liable to be perverted to iniquitous

purposes, it has been under consideration to regulate them, by

legislative measures, to the following effect: viz. "That no person,

except those employed in the mints, shall erect, set up, or use, or

knowingly have in possession any _cutting engine for cutting round

blanks by the force of a screw out of fatted bars or sheets of Copper,

or other metal_; or any _stamping press, fly, rolling mill, flatting

mill, or other instrument for stamping, flatting, or marking metals_,

or _which, with the assistance of any matrix, Stamp, or dye, will

stamp or mark Copper or other metals, or prepare the same for stamping

or marking_, without first giving notice thereof in writing to persons

authorized to keep an entry and registry thereof, containing the

Christian and Surnames of the owners of such instruments, and

describing the use thereof, and the house or other place in which the

same is intended to be erected, set up, used or kept; and to give the

like notice on any removal, under a certain penalty, recoverable as in

the case of Hair Powder, and other revenue laws."--It is believed, on

the best authority, that the Licence here proposed (especially as it

would subject the parties to no pecuniary burden) would meet the

approbation of the principal manufacturers, on account of the

facilities which it would afford in detecting and in embarrassing

those who set up machinery for unlawful purposes.

8. No provision is made in any Act against, and consequently

no punishment is inflicted on, the offence of _buying base

money to recolour it_--[-->] This is a modern device, and

may be remedied, as it seems, by enacting--"That every

person who shall buy, take or receive any blank or round

piece of blanched copper, mixed metal, or metal of any sort

whatsoever, for the purpose of colouring the same, or

causing the same to be coloured, or with intent or knowledge

that the same shall or will be coloured, or which shall have

been coloured, so as to pass for the current Gold or Silver

Coins of Great Britain or Ireland, shall be punishable by a

fine of L.20 and one month's imprisonment; and that any

person who shall buy or sell, or offer to buy or sell any

piece of blanched Copper, &c. which may formerly have passed

as or for such current Gold or Silver Coin, shall be

punishable by a fine of 40_s._ recoverable in a summary way;

or by one month's imprisonment."--This last penalty will

reach the Jew Boys, who cry bad shillings, and will prove,

it is hoped, an effectual check by means of a very mild

punishment upon shopkeepers, tradesmen, and others, who

inadvertently sell defaced counterfeit shillings without

reflecting that although they obtain 3_d._ in this traffick

for what is not intrinsically worth one farthing, that the

same counterfeits are again coloured, and received by them

at the full value of 12_d._

9. No existing law gives any power to Magistrates upon

information on oath, to search for, or seize Counterfeit

Coin of this realm in the custody or possession of _known

Dealers_ or _reputed Utterers_; although these Dealers and

Utterers are now the persons (and not the actual Coiners)

who keep the base money: neither is there any power to seize

base money conveying in coaches or waggons going into the

country. Under this shelter the Dealers are enabled to hold

markets for sale in their houses, where they frequently keep

large stocks; and base money is also sent into the country

without the least hazard of detection or seizure.

[-->] Here again the partial remedy introduced by 37 Geo. III. c. 126,

should be extended and applied.

10. No power is directly given by any existing law, (not

even by the modern Act last mentioned) though upon the most

pointed information, to search the houses or workshops of

coiners _in the night time_. Hence it is that _detection_

becomes so difficult, and the evil increases, because the

law in some measure shields the offenders from discovery.

Since in Lottery offences (which are certainly greatly

inferior in their enormity to Coining) a power is granted to

break open houses in the night-time, surely no reason can be

assigned why treasonable offences, in Coining base Money,

should not in this respect be on the same footing. Unless a

positive power is given to search in the night, and suddenly

to force open doors or windows, it will be impossible to

detect the Makers of Cast Money.

11. The act 11 Geo. III. cap. 40. gives a power to

Magistrates to issue their warrants to search for tools and

implements used in the _Copper Coinage_, (with regard to

Silver or Gold Coinage of this realm no such power is

given); but, what is very singular, _no punishment whatever

can be inflicted by any existing law_ on the owner or

proprietor of such tools for making Copper Money, nor upon

the person in whose house they are found; and if when such

search is made, there should be found only _plain_

Halfpence, or _Irish Harps_, or _evasive Halfpence_ or

_Farthings, varying in the Stamp_ in any degree from the

current Coin of the Realm, so as not to be of the exact

similitude, (a practice which has now for some time very

much prevailed) the act in question is defeated; inasmuch as

the crime of felony does not attach to offences short of

Coining _Copper Money of the similitude of the current Coin

of the Realm_. The Coinage of base Copper therefore goes on

with impunity; because it is owing to the carelessness of

the parties themselves if ever they permit the law to reach

them.

12. The laws now in being give no power to seize Counterfeit

Halfpence; either in the hands of the Dealers, who keep a

kind of open market at their own houses every morning to

supply Jew Boys, who cry bad Shillings, or in those of many

others in various trades, who become the channels of

circulation to a vast extent without risk or inconvenience.

Neither does the statute law authorize the apprehension of

Jew Boys, who go out every morning loaded with counterfeit

Copper, which they exchange for bad shillings.

[-->] To remedy this part of the evil, it is proposed, "That on

complaint made to any one Justice of Peace upon oath, that there is

just cause to suspect that any person is concerned in making or using,

or has in their custody any unlawful puncheon, stamp, die, mould, &c.

made for the purpose, or which may be applied to the purpose, of

counterfeiting the Gold, Silver, or Copper Coin of the Kingdoms of

Great Britain or Ireland; or of making or manufacturing any pieces of

metal intended to pass as such coin, or any cutting engine for cutting

round blanks by means of force applied to a screw, or flatted bars of

metal, &c. or any wash or material which will produce the colour of

Gold or silver, or copper, or any round blank of base metal or mixed

metal, or of brass copper, or lead, so as to resemble such coin; or

who hath been concerned in buying, selling, taking in exchange,

receiving, or putting off any Gold, Silver, or Copper Money, not

melted or cut, at a lower rate or value than the same doth import,

such Justice may, by a warrant under his hand, cause the house,

out-house, and other places occupied by such suspected person to be

searched, _either by night or by day_; and if any of the articles

hereinbefore mentioned, or any counterfeit or pretended coin, blanks,

or round pieces of metal be found, the parties to be seized, and, with

the said articles, brought before a Justice, and such articles may be

afterwards used in evidence, and then broken, defaced, and disposed of

as the Court or Justices shall direct.

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 13 / 44 段