given, under the colour of fees,[69] to those who can assist in
promoting the views of the fraudulent, or in guarding them against
detection.--What was at first considered as the wages of turpitude,
at length assumes the form, and is viewed in the light of a fair
perquisite of office.
[Footnote 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.]
In this manner abuses multiply, and the ingenuity of man is ever
fertile in finding some palliative.--Custom and example sanction the
greatest enormities: which at length become fortified by immemorial
and progressive usage: it is no wonder, therefore, that the superior
Officers find it an Herculean labour to cleanse the Augean stable.
A host of interested individuals opposes them. The task is irksome and
ungracious. The research involves in it matter of deep concern,
affecting the peace, comfort, and happiness of old servants of the
Crown or the Public, and their families; who have not perhaps been
sufficiently rewarded for their services; and who, but for such
perquisites, could not have acquired property, or even supported
themselves with decency.
It is an invidious task to make inquiries, or to impose regulations
which may ultimately affect the interest or the character of
dependants, who have heretofore, perhaps, been regarded as objects of
partiality or affection. Those whose duty it is to superintend the
departments, knowing their own purity, are unwilling to believe that
the same principle of rectitude does not regulate the conduct of
others in inferior situations: and matters, of apparently greater
importance, constantly forcing themselves upon their attention, the
consideration of such abuses is generally postponed: while those who
detect or complain of their existence, seldom meet with much
encouragement; unless some specific act of criminality is stated, and
then it is referred, as a matter of course, to the proper Law
Officers.
These circumstances, however, only prove the necessity of some other
and more effectual agency to remove an evil, which (if the assertions
of those whose efficient situations give them access to the very best
information as to its extent and enormity are correct) _is of the
greatest magnitude_, and calls aloud for immediate attention.
To understand how this is to be accomplished, it will be necessary in
the first instance to develope the means which are employed to commit
these _abuses_, _frauds_, and _embezzlements_.--Then to take a general
view of the property exposed to depredation, and afterwards to examine
the nature and effect of the Laws and regulations now in being for the
purpose of preventing these evils; and last of all, to suggest
remedies.
The abuses, frauds, and embezzlements, are multifarious, and are
perpetrated through the medium of a vast variety of agencies, which
naturally divide themselves into two distinct branches.
The first relates to frauds committed by the connivance and assistance
of Clerks, Store-keepers, and inferior officers in the Dock-yards, and
other repositories, and in ships of war and transports; in _receiving
and delivering Naval, Victualling, and Ordnance stores;--in
surveys;--in returns of unserviceable stores;--in_ what is called
_solving off stores;--in fraudulent certificates;--in the sale of old
stores_; and innumerable other devices; by which a number of
individuals are enriched at the Public expence; and a system of
plunder is supported by fraudulent documents and vouchers of articles
which have no existence but upon paper.
The second branch relates to the actual pillage of _new and old
Cordage, Bolts of Canvas, Sails, Bunting, Twine of all sorts,
Fearnought and Kersey, Leather and Hides, old and new Copper, Locks,
Hinges and Bolts, Copper Bolts and Nails in immense quantities,
Bar-Iron, old Iron, Lead and Solder, Ship's-Plank, Oars, Timber of
small sizes, Blocks, Quarterstuff, Candles, Tallow, Oil, Paint, Pitch,
Tar, Turpentine, Varnish, Rosin, Beer and Water Casks, Iron Hoops,
Biscuit Bags, Beer, Bread, Wine, Brandy, Rum, Oil, Vinegar, Butter,
Cheese, Beef, Pork, &c._--All these articles suffer a vast annual
diminution, by means of that plunder which has become habitual to a
number of the inferior servants of the Crown, who have in their
respective situations, access to such stores.[70]
[Footnote 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.]
This species of plunder is much encouraged by the difficulty of
detection: Vast quantities are constantly provided, and the
store-houses are generally full; it happens therefore as a matter of
course, that the articles which were recently deposited are issued
first; and hence many valuable stores, it is said, have remained
untouched and unseen for forty or fifty years, until a number of
articles perish or become unserviceable from length of time.--An
annual inventory, upon the plan suggested at the close of this
Chapter, rendered practicable by more extensive store-houses, would
remove this obvious inconvenience.
All stores being delivered under the authority of warrants signed by
the Commissioners and proper officers, the clerks, or in their absence
the foreman of the warehouses, where the articles stated in the
warrants are deposited, deliver the stores; and, if opportunities
offer, large additional quantities are said to be frequently sent out,
by the connivance of the inferior officers; sometimes stores are even
delivered two or three times over, under colour of the same warrant,
without discovery.
A similar System prevails with regard to stores sent to the public
repositories from dismantled ships of war and transports.
Many vessels in the coasting trade, and even ships of foreign nations,
it is said, touch at Portsmouth and Plymouth, merely for the purpose
of purchasing _cheap stores_;--and it is well known, that many dealers
in naval stores in the neighbourhood of the Dock-Yards are chiefly
supplied in this way.
The plan which prevails at present with regard to the sale of old
stores, not only proves a kind of safeguard to these fraudulent
dealers; but is also in itself subject to great abuses, from the
delivery of larger quantities than are actually included in the public
sales, by which the parties concerned are said frequently to pocket
considerable sums of money.[71]
[Footnote 71: See a plan for disposing of old stores with a view to
remedy the evil, in a subsequent part of this chapter.]
The artificers in the Dock-yards, availing themselves of their
perquisite of Chips, not only commit great frauds, by often cutting up
useful timber, and wasting time in doing so; but also in frequently
concealing, within their bundles of chips, copper bolts, and other
valuable articles, which are removed by their wives and children,
(and, as has appeared in judicial evidence, by boys retained for the
purpose) and afterwards sold to itinerant Jews, or to the dealers in
old iron and stores, who are always to be found in abundance wherever
the Dock-yards are situated.[72]
[Footnote 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 2_s._ 1_d._ with the
privilege of one bundle of chips each day, which, though not worth
more than 6_d._ to each shipwright, actually costs Government 1_s._
6_d._ 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 1_s._ 6_d._ L.67,500
Time lost to Government in making up these chips,
equal to 6_d._ 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
---------
L.140,000
Deduct 6_d._ 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 L.117,500]
The Naval, Victualing, and Ordnance Stores pillaged in the Dock-yards
and other public Repositories, and also from ships of war, transports,
and navy and victualing hoys, in the River Thames, and Medway, must
amount to a very large sum annually. The detections, particularly in
the victualing hoys and transports, since the establishment of the
Marine Police, prove the existence of the evil, and the wide field
which it embraces.
The vicinity of the Metropolis;--the assistance afforded by old iron
and store shops on the spot;--by carts employed _in this trade alone_,
constantly going and coming from and to the Capital;--by the advantage
of an easy and safe conveyance for ponderous and heavy articles, in
lighters and other craft passing up and down the River; and the
extensive chain of criminal connection, at every town and village on
the Thames and Medway, which a course of many years has formed, joined
to the ease with which frauds are committed, have combined to render
this nefarious traffic a very serious and alarming evil.
Among the multitude of persons concerned in it, some are said to keep
men constantly employed in untwisting the cordage, for the purpose of
removing the King's mark, or coloured stran, which is introduced into
it as a check against fraud; while others (as has been already
noticed) are, in like manner, employed in knocking the Broad Arrow out
of copper bolts, nails, bar iron, and other articles, on which it is
impressed, so as to elude detection.
It is scarcely to be credited, to what an extent the sale of the
cordage, sail-cloth, and other Naval articles, including victualing
stores, thus plundered, is carried, in supplying coasting vessels and
smaller craft upon the River Thames, at a cheap rate.[73]
[Footnote 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.]
If the actual value of stores deposited at the different Dock-yards
and public Repositories in the course of a year, is to be considered
as a rule whereby a judgment may be formed of the extent of the losses
sustained by frauds, plunder, and embezzlement, it will be found to
be very erroneous, since a large proportion of what forms the great
aggregate loss sustained annually by Government, does not arise from
the actual stealing of stores, but from frauds committed in
fabricating documents both at home and abroad.
Reasons have already been assigned, why many individuals reconcile
their minds to devices, whereby they may be suddenly enriched at the
Public expence, who would be shocked at the idea of over-reaching an
individual. For the purpose, therefore, of estimating truly the
probable extent of the evil, a general view must not only be taken of
the Naval, Victualing, Ordnance, and other Stores at all times
deposited in the Public Arsenals, but also the stores and provisions
on board of the numerous ships of war, and transports, constantly
consuming and replacing in all quarters of the Globe; and to measure
the whole by the great annual expence, which is incurred in this
necessary service, _The Bulwark of Britain, and the Glory and Pride of
the Nation_.
Looking at the subject in this point of view, where the ramifications
are so extensive, and the opportunities so numerous, whereby in the
hurry and confusion of carrying on a most important public service,
frauds and embezzlements may be committed with impunity, the question
is, Whether measures are not practicable, whereby the public loss, by
the rapacity of individuals, may not lie greatly diminished, and what
system would be best adapted to the attainment of this object?
To illustrate this proposition it may be necessary to form an
estimate, in the first instance, of the stationary and floating
property belonging to his Majesty, in the different Public Arsenals
and ships of War.--The following statement is hazarded with this
particular view, not as an accurate detail of facts; for accuracy to a
point under the present circumstances is neither practicable nor
absolutely necessary. It is sufficient if it tends to elucidate and
explain an important point, on the subject of the frauds and
depredations committed on the public stores, which would not be
otherwise intelligible or useful to the public, to the extent which
the Author contemplates.--
_Estimate of Floating Naval, Victualing and Ordnance Stores, in the
different Repositories and Ships of War._
Naval, Victualing }
and Ordnance Stores } at Deptford and Red House L.1,800,000
Woolwich 150,000
Sheerness 100,000
Chatham 200,000
Portsmouth 1,300,000
Plymouth 900,000
Ireland, Leith, and other parts 50,000
{ in the Arsenals at Halifax, }
{ and the East and West Indies } 150,000
Gibraltar, Minorca, &c. 50,000
{ in 900 Ships of War and }
{ Transports in Commission } 2,300,000
-----------
Total L.7,000,000
-----------
The annual pecuniary Supplies for the Navy may be estimated at
_Thirteen Millions a year_ during war; of which sum about _Six
Millions_ may be applicable to the pay of the Officers and Seamen, and
_Seven Millions_ to _Ships-Stores, Provisions, &c._ The last two,
namely, the stores and provisions being in a constant state of
movement, both at home and abroad, furnish abundant resource for
frauds and depredations, which may certainly be greatly diminished,
though perhaps impracticable to be eradicated entirely.
The object, therefore, is to devise means whereby this _diminution_
may be accomplished: and in pursuing this important inquiry, it will
be necessary to precede it by the following general view of the Laws
now in being, which relate to offences committed in the Naval and
other Public Departments.
The Acts of the 31st of Elizabeth, (cap. 4.) and the 22d of
Charles II. (cap. 5.) made it felony, without Benefit of
Clergy, to steal or embezzle any of his Majesty's Military
or Naval Stores or Provisions, above the value of Twenty
Shillings.
By the 9 and 10 of William III. (cap. 41.) the Receivers of
embezzled stores, or such as should have the same in their
custody, are subject to a penalty of L.200.
From this period, till the 1st of George the First, the
attention of the Legislature does not seem to have been
directed to this object; when by the statute, 1st Geo. I.
stat. 2. cap. 25, the principal Officers or Commissioners of
the Navy were authorized to issue warrants to search for
Public Property stolen or embezzled, and to punish the
Offenders by fine or imprisonment.
A succeeding Act, (9 Geo. I. cap. 8.) empowered the Judges
to mitigate the fine of L.200 imposed on persons having in
their possession public stores, and to punish the offenders
corporally, by causing them to be publicly whipped, or kept
at hard labour for six months in the House of Correction;
which certainly was a great improvement.
By the Act 17 Geo. II. c. 40. jurisdiction was given to the
Judges of Assize, and the General Quarter Sessions, to try
the Offenders, and punish them by a fine not exceeding
L.200, imprisonment for three months, and other corporal
punishment.
The Laws on this subject were further amended by the 9th of
his present Majesty, cap. 35; by which the _Treasurer,
Comptroller, Surveyor, Clerk of the Acts_, or any
Commissioner of the Navy, are empowered to act as Justices,
in causing Offenders to be apprehended and prosecuted. These
powers were given with a view to establish a greater degree
of energy in detections; but experience has shewn that the
purpose has not been answered.
The last Act which relates to the protection of the Public
Stores, was made the 12th year of his present Majesty's
reign (cap. 24.) and related solely to burning ships,
warehouses, and naval, military, or victualing stores, in
any of the dominions of the Crown; which offence is made
felony without Benefit of Clergy.
A very superficial view of the above Laws will demonstrate their
insufficiency to the object of _Prevention_. And even if they were
complete, the task imposed on the public officers, who are on every
occasion to act as Justices, has proved from experience to be a
measure ill calculated to attain the object in view, namely, the
detection of offenders; otherwise the evil would not have
increased.--Other _remedies_ must therefore be applied. It is not,
however, by any single act of the Legislature, that the enormous
frauds and depredations in the Navy and Victualing Departments of his
Majesty's service, which the Commissioners and chief Officers, under
whose management they are placed, are so anxious to suppress,[74] can
be remedied: This important object must be obtained by a combination
of various salutary measures, calculated to afford collateral aid to
specific Legislative Regulations, and to secure their effectual
execution, by means which are now to be explained under their
respective heads.--
[Footnote 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._."]
I. A GENERAL POLICE SYSTEM.
By the Establishment of a Central Board of Police, on the Plan
strongly recommended by the Select Committee of the House of Commons
on Finance, in their 28th Report, ordered to be printed in June
1798:--It is there proposed to bring under regulations by licences,
all those classes of dealers in _old and second-hand ships'
stores--old iron and other metals_, and several other dangerous and
suspicious trades, the uncontrolled exercise of which, by persons of
loose conduct, is known to contribute to the concealment and
multiplication of crimes.--Infinite embarrassments would, through this
collateral medium, be placed in the way of those particular Dealers,
who reside in the vicinity of the Dock-yards, and who, by a variety of
criminal devices, while they are instrumental in doing much mischief,
have been able, in many instances, to elude Justice, and to carry on
their nefarious practices with impunity.
A Board of Police so organized, by means of Licences and subordinate
Officers, as to keep the conduct of these classes of delinquents in
view who, by giving facilities to the embezzlers and stealers of naval
and other stores, are the chief sources from whence the evil springs;
and with power to refuse Licences to those who are known to have been
guilty of criminal conduct; would operate very powerfully in limiting
these classes of dealers to the honest part of their trade, by which
infinite mischief would be prevented.
II. A LOCAL POLICE FOR THE DOCK-YARDS.
Salutary as the Central Board, recommended by the Select Committee on
Finance, must certainly be in controlling and checking the Naval
plunder, in common with the general delinquency of the whole country,
it would seem indispensably necessary, under circumstances where the
moving property is so extensive, and where there exists so many
resources and temptations leading to the commission of crimes, to fix
on some one person the responsibility of carrying the Laws into
effect, and of controlling and overawing the various classes of
Delinquents, whose attention is directed to the Dock-yards, as a means
of obtaining plunder: That for this purpose, one able and intelligent
Magistrate should preside in a Police Office, to be established by
Law, at or near the Dock-yards, at _Chatham_, _Portsmouth_, and
_Plymouth_, with an establishment consisting of _one Clerk, two House
and four Boat Constables_, with _two Police Boats_ attached to each
Office. One Magistrate would be sufficient at each Office, as
assistance from the neighbouring Justices could always be procured in
case of sickness, or absence, or where any judicial proceeding would
require two Magistrates.
No establishment would be necessary for the Dock-yards, and Public
Arsenal, at Deptford and Woolwich, as the great civil force, and the
number of boats attached to the Marine Police Office at Wapping, when
strengthened, extended, and improved in the manner which is proposed,
would be competent to carry into effect the Laws now in being, and
such as may hereafter be enacted, for the prevention and detection of
offences in every part of the River Thames, from London Bridge to the
Hope Point.
The Magistrate proposed to be established at Chatham, could
occasionally administer justice at Sheerness, while the Boat Officers
belonging to the Institution, might be employed advantageously in
traversing the River Medway, and in keeping a watchful eye on the
various Receivers of stolen goods, who reside in the vicinity of that
River, between the two Dock-yards.
At Portsmouth and Plymouth there would be regular employment for the
respective Magistrates, and the Boat and other Officers on these
establishments.
These three Institutions may be conducted at an expence not exceeding
one thousand pounds a year each, viz:--
L. _s._ _d._
To the responsible resident Magistrate 300 0 0
To his Clerk 100 0 0
To the Constables, 6 in number, 50_l._ each 300 0 0
To House Rent, Coal, Candles, Stationary,
tear and wear of Boats, and Rewards for
meritorious Services 300 0 0
-------------
Total 1000 0 0