since the establishment of the original System, for keeping the Navy
and Victualing Accounts, brought forward by KING JAMES II. when Duke
of York; while the frauds which have been committed by various
devices, prove some imperfections in the mode of accomptantship as now
practised, since no means appear to exist, whereby deficiencies can be
checked and discovered; it may be worthy of inquiry, whether many of
the modern improvements, which the vast extent of our Commerce has
introduced, might not be rendered useful in establishing new Checks,
by means of a System of Book-keeping, which would have the same effect
in detecting frauds, and discovering inaccuracies, as prevails in
arranging and closing the accounts of well-regulated Commercial
Establishments; adopting at the same time in the general detail,
particularly in the transit of stores, some of these excellent
regulations, which have been found so salutary and useful in the
system of the Excise. Of the practicability of improvements of this
nature there can be little doubt, since it merely depends on the
exercise of that _knowledge, attention_, and _assiduity_, which, when
properly exerted, has generally accomplished objects, which have often
appeared impracticable to minds uninformed, or not enlarged by an
extensive intercourse with the world, or a knowledge of the general
affairs of life:--But as this observation can in no respect apply to
the respectable and intelligent Individuals, who superintend the Great
Public Concerns, which have been subject to the various abuses, which
they feel so anxious to remedy, sanguine hopes are entertained, that
an improvement in the mode of keeping the Official Accounts may be
speedily carried into effect.
VIII. AN ANNUAL INVENTORY OF STORES.
Supposing an accurate System of Book-keeping to be adopted, and to be
followed as a part of the proposed System of Accuracy, indispensably
necessary, _by an annual account of Stores_; the advantages resulting
from it are not to be estimated by the most sanguine mind. Independent
of the benefits which would arise from the general accuracy, which
would thus incircle the whole oeconomy of the design, discoveries
would be made wherever frauds or embezzlements took place, while the
labour and expence, which such a task might impose, would be
compensated one hundred fold, in the National advantages which it
would produce.
* * * * *
Thus has the Author briefly gone over the whole ground, which he had
assigned to himself, as comprehending every object on the subject of
the depredations on his Majesty's Stores, which appeared likely to
render his suggestions useful to his country, whether they relate to
improved Legislative Regulations requiring the aid of Parliament, or
to Measures competent for the Lords Commissioners of the Admiralty to
carry into effect. In the prosecution of this task he has been
stimulated in a particular degree, by the laudable and patriotic
disposition, which has been manifested to promote improvements in
Naval Police, and the honourable proofs he has received of a desire
to render his suggestions useful.
If the period should indeed arrive (and it is to be hoped it may soon
arrive) when these suggestions, or even a part of them, shall be acted
upon, in a manner calculated to promote the National Interest, the
Author of these pages will then feel himself gratified, and rewarded
by the pleasing reflection, that his well-meant labours, in placing an
important branch of the political oeconomy of the country in this
particular point of view, have not been in vain.
CHAP. X.
_Receivers of stolen Goods more mischievous than
Thieves;--the latter could not exist without the assistance
of the former:--the Suppression therefore of Receivers would
restore to Society, and to honest Industry, a great number
who at present live by crimes.--The increase of Receivers of
stolen Goods to be attributed to the imperfection of the
Laws, and to the disjointed state of the Police of the
Metropolis.--The number of common Receivers does not exceed
sixty; of whom not above ten are persons of property able to
purchase valuable articles.--Thieves, in many instances,
settle with receivers before they commit
robberies:--Receivers always benefit more than
Thieves:--Their profit immense:--They are divided into two
classes.--The immediate Receivers connected with Thieves,
and those who keep shops and purchase from Pilferers in the
way of trade:--The latter are extremely numerous.--The Laws
are insufficient effectually to reach either class.--The
existing statutes examined and briefly detailed, namely, the
3d and 4th of William and Mary, cap. 9; the 1st Anne, cap.
9; the 5th of Anne, cap. 31; 4 George I. cap. 11; 29 George
II. cap. 30; 30 George II. cap. 24; 2 George III. cap. 28;
10 George III. cap. 48; 21 George III. cap. 69; 22 George
III. cap. 58.--Observations on these respective
statutes.--Amendments and improvements suggested.--Means
proposed to ensure the due execution of these improvements._
Having in the preceding Chapters completed the proposed explanation of
the various depredations and frauds upon the Public: It remains now,
in the order of the plan, to examine and follow up the progress of
this property, from the hands of _Thieves_, _Robbers_, _Cheats_, and
_Swindlers_, to that of _Receivers_, or first Purchasers of Goods
stolen or fraudulently obtained.
In contemplating the characters of all these different classes of
delinquents, there can be little hesitation in pronouncing the
_Receivers_ to be the most _mischievous of the whole_; inasmuch as
without the aid they afford, in purchasing and concealing every
species of property stolen or fraudulently obtained, Thieves, Robbers,
and Swindlers, as has already been frequently observed, must quit the
trade, as unproductive and hazardous in the extreme.
Nothing therefore can be more just than the old observation, "_that if
there were no Receivers there would be no Thieves_."--Deprive a thief
of a sale and ready market for his goods, and he is undone.
Let the strong arm of the law, and the vigour and energy of the Police
be directed in a particular manner against _Receivers_; and the chief
part of those robberies and burglaries, which are so much dreaded, on
account of the acts of violence which attend them, _would absolutely
cease to exist_:--and the resource for plunder being thus narrowed in
so great a degree, robberies on the highway would _alone_ seldom
answer the purpose of the adventurer; where the risk would be so
exceedingly multiplied, while the advantages were in the same
proportion diminished;--the result therefore would be, that in _the
suppression of the Receivers_, the encouragement to become Thieves and
Robbers would be taken away: and the present Depredators upon the
Public must either return to honest labour as useful members of the
State, or submit to be starved.
Obvious and desirable however as a measure of this sort would be, it
has never hitherto been put in practice. This has proceeded from a
variety of causes; one of the principal of which is the disjointed
state of the Police of the Metropolis, occasioned by a number of
jurisdictions clashing with each other, and preventing the full
operation of a proper system of vigilance and energy; which, with the
aid of apposite and improved laws and a superintending agency, could
not fail, either to root out all the Receivers of stolen Goods of any
consequence, or compel them to abandon their mischievous trade.
These observations apply to that class of Receivers alone, who are in
immediate connection with the thieves, burglars, and highway
robbers;--and who aid and assist them in the purchase and concealment
of whatever is stolen.--From the best information that can be
obtained, their number does not exceed _fifty_ or _sixty in all_; of
whom not more than ten, (whose names and places of abode are well
known) can be said to be persons of property who can raise money to
purchase articles of considerable value.
Aided by a well-regulated and energetic system of Police that might
pervade the whole Metropolis, how easy would it be, to compel these
large dealers to abandon the trade? The measure of watching their
houses day and night, would cost no great sum, and would embarrass the
thieves and burglars, more than any other system that could be
pursued.
It rarely happens that thieves go upon the highway, or commit
burglaries, until the money they have previously acquired is
exhausted. Having laid their plans for new depredations, negociation
is frequently entered upon with the most favourite Receiver, who (to
use their own language) is likely to be _staunch_, and to keep their
secrets.--The plan is explained.--Some liquor is drunk to the good
luck of the enterprize, and the hour fixed when they are to return
with the booty: if plate is expected, the crucible is ready in a small
furnace, built for the purpose, instantly to melt it, and arrangements
are made for the immediate concealment of the other articles.--Of the
nature of these previous arrangements, something has already been said
in Chap. IV. on Burglary and Highway Robbery.
There are, however, exceptions to this rule, where the Receivers are
not trusted till the booty is acquired; and where it is in the first
instance removed to the houses of the thieves, or to those of some of
their friends; but it seldom remains longer than may be necessary to
obliterate the marks: for money must be procured. Most thieves are
improvident; their wants are therefore pressing--they _must_
sell--the Receiver knows this and makes his own terms;--and he of
course enjoys by far the largest share of the profit.
The plunder thus purchased, finds a ready vent through the extensive
connections of the Jew dealers, both in this Country and upon the
Continent: and from the facts already stated in the course of this
Work, it may easily be conceived that the trade is not only extensive,
but that the profit is immense, since it rarely happens (except in the
articles of plate,) that thieves receive to the amount of above
one-third; or one-fourth of the value of what is stolen.
The mass of the Receivers of stolen property in and near the
Metropolis, (exclusive of those more immediately concerned in
River-plunder, as stated in Chapter VIII. on that subject,) may be
classed in two divisions:
"1. The Dealers already mentioned, as immediately connected
with professed and notorious thieves, and who are their
principal supporters, especially when apprehended and under
prosecution. Many of these have themselves been originally
thieves upon the town, _acquitted, pardoned, or discharged
from the hulks_: who prefer the trade of a Receiver as less
hazardous and more profitable, than that of a thief; and to
conceal the fraud frequently set up _Chandlers-Shops_,
_Coal-Sheds_, _Potatoe-Warehouses_, or _Old Iron-Shops_, and
not seldom become _Masters of Public Houses_, that they may
appear to have some _visible_ means of obtaining a
livelihood. Those who have not been originally thieves
generally keep shops in different branches of trade, some of
whom are very opulent.
"2. The Dealers in _Old Iron and other Metal--Rags--Old
Wearing Apparel--Buyers, Refiners, and Workers of Gold and
Silver--Dealers in Second-hand Furniture, and Building
Materials, and that Class of Sharping Pawnbrokers who have
connections with criminal people_.
"The Dealers last mentioned are extremely numerous, and
amount to several thousands in the Metropolis alone, some of
whom are _innocent Receivers_, not aware that they are
purchasing stolen articles;--others, _careless Receivers_,
asking no questions, and purchasing every thing that is
offered:--but a large proportion of _criminal Receivers_,
who purchase every thing that is offered _in the way of
trade_; well knowing, from the price and other
circumstances, that the property was originally stolen."
As the Laws now stand, (numerous, and pointed as they appear to be) it
has been found from experience, that neither of these classes can be
easily reached; and hence it is that they have multiplied in so great
a degree, (particularly the small Receivers) within the last twenty
years, and may even be said to have reigned with impunity.
For the purpose of suggesting an effectual legislative Remedy, it
will be necessary to examine shortly the laws now in being, which are
applicable to this peculiar offence.--
By the Statute of the 3d and 4th of William and Mary, cap. 9, it is
enacted, "_that Receivers of stolen Goods, knowing them to be stolen,
shall be deemed Accessaries after the fact_."
But this offence being dependent on the fate of the Principal--a
Receiver, thus circumstanced, could not be tried till after the
conviction of such Principal; so that, however strong and conclusive
the evidence might be, the Receiver was still safe, unless the Thief
could be apprehended--and even if apprehended and put upon his trial,
if acquitted through any defect of evidence, the Receiver, (although
he had actually confessed the crime, and the goods found in his
possession, could be proved to have been stolen,) must be
acquitted:--this offence also, even if completely proved, applied only
to capital felonies, and _not to petty larceny_.
These defects were discovered, and partly remedied by the Statutes 1
Anne, cap. 9; and 5 Anne, cap. 31, which enact, "_That Buyers and
Receivers of stolen Goods, knowing them to be stolen, may be
prosecuted for a misdemeanor, and punished by fine and imprisonment;
though the Principal be not previously convicted of felony_."
This Act, 5 Anne, c. 31, also greatly improved the Laws applicable to
this species of offence by _empowering the Court to substitute a
corporal punishment instead of fine and imprisonment; and by
declaring, that if the felony shall be proved against the Thief, then
the Receiver shall be taken as Accessary, and shall receive judgment
of death; but the benefit of Clergy is reserved_.
The Laws being still found insufficient, the Statute of the fourth of
George the First, cap. 11, enacted, "_That Receivers of stolen Goods,
knowing them to be stolen, should, on conviction, be transported for
fourteen years; and that buying at an under value should be
presumptive evidence of such knowledge_:--and the same statute _makes
it felony (according to the nature of the felony committed in stealing
the Goods) for any person directly or indirectly to take a reward for
helping any person to stolen Goods; unless such person bring the felon
to his trial, and give evidence against him_."
But these amendments also proving ineffectual, and not being found to
apply immediately to persons receiving stolen _lead, iron, copper,
brass, bell-metal or solder_ taken from buildings, or from ships,
vessels, wharfs, or quays--It was enacted by the 29th of George the
Second, cap. 30, "_That every person who shall buy or Receive such
articles, knowing the same to be stolen, or who shall privately
purchase these respective metals by suffering any door, window, or
shutter, to be left open between sun-setting and sun-rising, or shall
buy or receive any of the said metals in any clandestine manner,
shall, on conviction, be transported for fourteen years, although the
principal felon has not been convicted_." Sec. 1.
The same Act _empowers one Justice to grant a warrant to search in the
day time for such metals suspected to be stolen, as by the oath of one
witness may appear to be deposited or concealed in any house or
place_; and if goods are found, the Act goes so far as _to empower two
Justices to adjudge the person having the custody of the same, guilty
of a misdemeanor, if he cannot produce the party from whom he
purchased, or give a satisfactory account how they came into his
possession; and the offender shall, for the first offence forfeit
40s. for the second 4l. and for every subsequent offence 6l._
Sec. 2; 6.
This Act also _empowers officers of justice (and watchmen while on
duty) to apprehend all persons suspected of conveying any stolen
metals, as already described, after sun-set or before sun-rise; and if
such persons cannot give a good account of the manner in which they
were obtained, two Magistrates are in like manner authorized to
adjudge them guilty of a misdemeanor, and they forfeit forty
shillings, &c._ Sec. 3; 6.
_The persons also to whom such articles are offered for sale or to be
pawned, where there is reasonable ground to suppose they were stolen,
are empowered to apprehend and secure the parties and the materials,
to be dealt with according to law. And if it shall appear even on the
evidence of the thief, corroborated by other testimony, that there was
cause to suspect the goods were stolen, and that the person to whom
they were offered, did not do his duty in apprehending the person
offering the same, he shall be adjudged guilty of a misdemeanor, and
forfeit twenty shillings for the first offence: forty shillings for
the second, and four pounds for every subsequent offence_, Sec. 5, 6.
And so anxious has the Legislature been to suppress the evil of
stealing and receiving metals, that the 8th Section _entitles the
actual Thief to a pardon, on the discovery and conviction of two or
more of the Receivers_. And the 9th Section _screens from prosecution
any person stealing such metals, who shall discover the Receiver to
whom the same were delivered, so as a conviction may follow_.--In
spite, however, of these numerous and apparently effectual checks, it
is to be lamented that the evil has continued to increase.
In the following year it was provided by the Act 30th of George the
Second, cap. 24, _that it shall be lawful for any Pawnbroker, or any
other dealer, their servants or agents, to whom any goods shall be
offered to be pawned, exchanged, or sold, which shall be suspected to
be stolen, to seize and detain the persons offering the same, for the
purpose of being examined by a Justice; who is empowered, if he sees
any grounds to apprehend that the goods have been illegally obtained,
to commit the persons, offering the same, to prison for a period not
exceeding six days; and if on further examination, the Justice shall
be satisfied that the goods were stolen, he shall commit the offender
to prison, to be dealt with according to Law; and although it may,
under such circumstances, afterwards appear that the goods in question
were fairly obtained, yet the parties who seized the supposed offender
shall be indemnified_.--Sec. 7, 8.
It would have been useful if the principles of the first of these
excellent acts had extended to every kind of goods and chattels,
_horses_, _cattle_, _money_, and _Bank-notes_,[76] as well as to the
metals therein described. Indeed it is to be lamented, that the System
has not been to look at great features of abuse in _the gross_, so as
to meet every existing evil at once. Thus another partial Statute was
made, 2 George III. _c._ 28, extending the provisions of the 29th Geo.
II. _c._ 30. to goods, stores, or materials taken from ships in the
River Thames, by enacting, "_that all persons purchasing such goods,
knowing them to be stolen, or receiving the same in a concealed or
clandestine manner between sun-setting and sun-rising, shall be
transported for fourteen years, although the principal felon be not
convicted_:" but by the wording of this Act, it is doubtful if it
applies to receiving goods stolen from vessels not afloat in the
river.[77]
[Footnote 76: Vide Page 9.]
[Footnote 77: It was held in the trial of Moses Pike, at the Old
Bailey, in May, 1784, that to steal from a Barge aground in
Limehouse-Dock, was not within the meaning of the Act of 24th of
George the Second, cap. 45, which makes it felony to steal from any
vessel or craft upon a Navigable River, &c.]
The next Statute applicable to the Receivers of stolen goods, is the
10th of George III. cap. 48, by which it is enacted, "_that every
person who shall buy or receive any jewels, gold, silver, plate or
watches, knowing the same to be stolen, where such stealing was
accompanied by a burglary or highway robbery, may be tried as well
before as after the principal felon is convicted; and whether he be
in, or out of custody; and if found guilty, shall be transported for
fourteen years_."
Eleven years after passing of the above mentioned Statute, the
Legislature, appearing to be impressed with the great extent of the
depredations committed by persons stealing _pewter pots_, and desirous
to punish the Receivers, the Statute of the 21st of George the Third,
cap. 69, enacts, "_that every person who shall buy or receive any
pewter pot or other vessel, or any pewter in any form or shape
whatsoever, knowing the same to be stolen, or who shall privately buy
or receive stolen pewter, in a clandestine manner, between sun-setting
and sun-rising, shall on conviction, be transported for seven years,
or detained in the House of Correction, at hard labour for a term not
exceeding three years, nor less than one; and may be whipped not more
than three times; although the principal felon has not been
convicted_."
In the following Session of Parliament, the Statute 22 George III. c.
28. (said to have been framed by an able and experienced Lawyer and
Magistrate),[78] removed many of the imperfections of former Statutes,
and particularly that which respected Petty Larceny; by enacting,
"_that where any goods (except lead, iron, copper, brass, bell-metal,
or solder, the Receivers of which are punishable under the_ 29th
George II. c. 30. _noticed before, p. 295.) have been stolen, whether
the offence amount to Grand Larceny, or some greater offence, or to
Petty Larceny only; (except where the offender_ has been convicted _of
Grand Larceny, or some greater offence; when the Receiver must be
prosecuted as an Accessary, and under the 4th_ George I. c. 11, _may
be transported for fourteen years_; see page 295.)--_Every person who
shall buy or receive the same, knowing them to be stolen, shall be
guilty of a misdemeanor, and punished by fine, imprisonment, or
whipping, as the Quarter Sessions, who are empowered to try offenders,
or any other Court before whom they shall be tried, shall think fit,
although the Principal be not convicted; and if the felony amounts to
Grand Larceny, or some greater offence, and the person committing such
felony has not been before convicted, such offender shall be exempted
from being punished as Accessary, if the principal shall be afterwards
convicted_."--Sect. 1.
[Footnote 78: Mr. Serjeant ADAIR, then Recorder of London.]
This Act also empowers _one Justice to grant a warrant to search for
stolen goods in the day time, on oath being made that there are just
grounds of suspicion; and the person concealing the said goods, or in
whose custody they are found, shall in like manner be guilty of a
misdemeanor, and punished in the manner before-mentioned_.--Sect. 9.
The same Act extended the powers granted by former Acts relative to
metals, _to any other kind of goods: by authorizing peace officers
(and also watchmen while on duty) to apprehend all persons suspected
of carrying stolen goods after sun-setting and before sun-rising, who
shall, on conviction, be adjudged guilty of a misdemeanor, and
imprisoned, not exceeding six, nor less than three months_.--Sec. 3.
Power is also given by this Act _to any person to whom goods,
suspected to be stolen, shall be offered to be sold or pawned, to
apprehend the person offering the same, and to carry him before a
Justice_.--Sec. 4.
And as an encouragement to young Thieves to discover the Receivers,
the same Act provides, _That if any person or persons being out of
custody, or in custody, if under the age of 15 years, upon any charge
of felony, within benefit of Clergy, shall have committed any felony,
and shall discover two Receivers, so as that they shall be convicted,
such Discoverer shall have pardon for all felonies by him committed
before such discovery_.
These various Acts of Parliament prove how very prominent the evil of
receiving stolen goods has been in the view of the Legislature.--It is
to be lamented however, that a more general and comprehensive view has
not been taken of the subject, by substituting, instead of the
piece-meal System which has been from time to time adopted, on
suggestions applicable only to particular cases, _one general law that
should have embraced every object_, and remedied every defect in the
existing Statutes, on this important subject of criminal
jurisprudence.