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.