Under an impression, that very few improvements have been introduced,

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.

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