That these Laws, numerous as they are, and applicable as many of them

appear to be, have not been in any degree effectual, is clearly

manifested by the unquestionable increase of the evil, even to an

extent beyond all calculation.

Under such circumstances, where the Receiver is in reality the

greatest offender, and even the source from whence most of the

burglaries and highway robberies have their origin, the Thief being

not seldom his pupil--_Why should not the Receipt of Stolen Goods be

made an original offence?[79]--Why should not the rewards for

detection, and the punishment on conviction, be the same, in the case

both of the Receiver and the Thief?_

[Footnote 79: The general rule of the ancient Law is this;--that

Accessaries shall suffer the same punishment as Principals. If one be

liable to death, the other is also liable. BLACKSTONE.

In France, (before the Revolution) the offence of receiving stolen

goods was punished with death.]

In contemplating the best means of preventing depredations upon the

public, the simplest and perhaps the most effectual mode would be to

_make a stand at this particular point_; by bending the attention

_wholly_ to the means of destroying effectually _the trade of

Receiving stolen goods_; under the fullest conviction that by

accomplishing so valuable a purpose, thieving and swindling in all its

branches would also be, in a great measure, destroyed.

It is believed, that this object (difficult as it may appear) is

attainable, by well digested applicable laws, containing and enforcing

such regulations as would ensure a full and energetic execution.

The importance of a measure of this kind is so immense, that if even a

considerable part of one Session of Parliament were employed in

devising and legalizing a proper System, it would be time well and

usefully spent for the benefit of the Country.

The obvious means of remedy seem to lie within a narrow compass. The

first point to be obtained is the _Licensing_ all those dealers (some

of them already particularized in pages 292, 293), whose various

branches of trade are friendly to the encouragement of depredations;

and the putting them under the control of the _Central Board of

Police_, in the manner stated more fully in the concluding part of

this Work.--

The next step must be to consolidate and improve the Laws now in

being, relative to _Receivers of stolen goods_; by an arrangement

which shall render the whole _clear_ and _explicit_, and applicable to

all the evils which have been felt to exist.

And lastly to make the following additions to these Laws:

"1. To make the receiving stolen goods an _original

offence_; punishable in the same manner, in all cases, as

the principal felony is punishable by Law.

"2. The offence of receiving _money, bank notes, horses,

cattle, poultry_, or _any matter_ or thing whatsoever, to be

the same as receiving goods and chattels.

"3. The persons committing any felony or larceny to be

competent to give evidence against the Receiver, and _vice

versa_; Provided that the testimony and evidence of such

Principal Felon against the Receiver, or the evidence of the

Receiver against the Principal Felon, shall not be of itself

sufficient to convict, without other concurrent evidence:

and that the offenders so giving evidence shall be entitled

to his Majesty's pardon, and also to a reward of from 10_l._

to 50_l._ as hereafter mentioned; unless they shall be found

guilty of wilful and corrupt perjury.--_By this means the

Thief will be set against the Receiver, and the Receiver

against the Thief._

"4. That rewards be paid for the detection and apprehension

of Receivers as well as Thieves, in all cases whatsoever,

according to the discretion of the Judge; _whether there

shall be a conviction or not_; which reward shall not be

less than _ten_ and may extend to _fifty pounds_.

"5. That the various classes of dealers to be licensed shall

enter into recognizance for their good behaviour: and that

no licences be granted to persons having been convicted of

felony or perjury, nor to any but such as can obtain and

produce a certificate of good character.

"6. That all such licensed dealers, as also _Publicans_,

_Pawnbrokers_, &c. shall be subject to a penalty for

concealing any stolen goods which may come into their

possession, after the same are advertised;--or punished with

transportation, if it can be made appear that such goods

were purchased at an under value, being known to be stolen.

"7. That all drivers of Hackney-Coaches, employed to take

fares after twelve o'clock at night, shall be licensed by

the Magistrates of the division; and shall enter into

recognizance for their good behaviour, themselves and one

surety in 50_l._ at least; and that every such coachman

shall be obliged, whenever he carries any goods or

valuables, to make a report of the same, on the following

morning, to the Magistrate of his district, if no suspicion

arises as to any improper or felonious intention; but in all

cases where a felonious intention shall appear, the coachman

to be authorized and required to call the assistance of the

watchmen and patroles, and to seize and apprehend the

parties, and lodge them and the goods in the nearest

watch-house; there to be kept until brought before a

justice, at the Public-Office of the district, on the

following morning: And although it may ultimately appear

that the coachman was mistaken and the parties innocent, yet

where it shall be manifest to the Justice that he hath acted

_bona fide_, he shall not be liable to any prosecution:[80]

and if it shall appear that the goods so conveyed _were_

stolen property, then the coachman shall be entitled,

whether a conviction shall follow or not, to a reward of

_two guineas_; and in all cases where a prosecution shall

follow, he shall be entitled to such further reward as the

Court shall think proper.

[Footnote 80: Vide Act 30 Geo. II. cap. 24.]

"8. That all watchmen or patroles who shall appear upon

proper proof to connive at the commission of felonies[81] in

the night time, or while they are on duty; or shall

knowingly conceal any felonious removal of stolen goods, or

goods suspected to be stolen, and conveying to Receivers'

houses, shall be deemed guilty of a misdemeanor, and liable

to be _imprisoned_, _whipt_, or _put in the pillory_.--And

in _all cases_ where such watchmen or patroles shall observe

any goods or other articles conveyed in Hackney-coaches, or

in any other manner, while they are upon duty, from one

place to another, they shall report the same to the Justices

at the nearest Public Office, in the morning: But if they

shall have good grounds to suspect a felonious intention,

and that the property is stolen, the goods and all the

parties concerned shall be conveyed to the nearest

watch-house, for the purpose of being brought before a

Magistrate; and such watchmen (acting _bona fide_) shall not

be liable to any prosecution in case of a mistake; and if a

felony shall have been actually committed, they shall each

be entitled to one guinea, besides their proportion of any

future reward which may be ordered by the Court who shall

try the offenders.[82]"

[Footnote 81: An Officer of Police who was watching the

house of a noted Receiver, in St. James's parish, being

taken for a Thief by the watchmen, the latter entered into

conversation with him, and naming the Receiver, he told the

Officer that he being very liberal and kind to them, they

did not disturb any person going to his house; and if he had

any thing to carry there, he would step out of sight, so as

to be able to say he had seen nothing.]

[Footnote 82: Vide Act 30 Geo. II. cap. 24.]

In the formation of such a System, it is absolutely necessary that

care should be taken to secure a _regular_ and perfect _execution_, by

means of a proper superintendance and inspection:--without this, the

best laws will remain a _dead letter_.--Such has, in fact, been the

case in a great measure with respect to several of the very excellent

Statutes, now in force, relative to Receivers of stolen Goods; and

such also would be the case with regard to the laws relative to the

_Revenue_, if a System had not been established to secure their

execution.

If it be allowed that the prevention of crimes is at least of as much

importance to Society, as any consideration connected with partial

revenue:--if experience has shewn that, after the skill and ingenuity

of the ablest lawyers and the most profound thinkers have been

exhausted in framing laws to meet offences, which are daily committed;

these offences are progressively increasing:--Is it not clear to

demonstration, that some _active principle_ is wanting, which does not

at present exist, for the purpose of rendering these laws effectual?

This principle of activity is, (it is humbly apprehended,) only to be

established by the introduction of such a System of _regulation_, as

shall attach to all classes of dealers, who, in their intercourse

with Society, are in the train of encouraging either directly or

collaterally, transactions of _an immoral_, _a fraudulent_, or a

_mischievous nature_.

The idea is not new in the System of jurisprudence of the

country;--Publicans have long been under regulations prescribed by

Magistrates; Pawnbrokers also have been of late years regulated to a

certain extent by Statute.--Let the same principle be extended to the

other dealers alluded to; and let the Legislature, profiting by that

experience which has manifested the cause of the inefficacy of a vast

number of penal Statutes, establish such a system of _regulation_,

_inspection_, and _superintendance_, as will insure to the Public the

full benefits arising from good laws, administered with activity,

purity, and discretion.

Nothing can evince in a greater degree the necessity of _inspecting_

the execution of all _laws of regulation_ where the well-being of

Society is concerned, than the abuses which occur with regard to the

two classes just mentioned, namely, Public-houses and Pawnbrokers.--Many

excellent rules are established by the Legislature, and the

Magistrates; but while it is seldom the interest of the depraved or

dishonest part of these two classes to adhere to such rules, by what

means is the execution to be insured, so as to operate as a complete

protection to the Public?--surely not by the operation of the law

through the medium of common informers; since independent of the

invidious nature of the office, experience has shewn that the public

good rarely enters into the consideration of persons of this

description; who look merely to their own emolument, frequently

holding up the penalties as a rod by which money is privately

extorted, and the parties laid under contribution, for the purpose of

allowing them to continue in the practice of those abuses, which the

engine used for this nefarious purpose was meant to prevent.

The System of Inspection, thus strongly and repeatedly recommended,

while it remedied these corrupt practices, by preventing the existence

of the evil, could only be disagreeable to _Fraudulent Dealers_.

The honest and fair Tradesmen, as things are at present circumstanced,

are by no means on an equal footing with men who carry on business by

fraudulent devices.--Such fair traders who have nothing to dread,

would therefore rejoice at the System of inspection which is proposed,

and would submit to it cheerfully; as having an immediate tendency to

shield them from fraudulent competition, and to protect the Public

against knavery and dishonesty.

CHAP. XI.

_The prominent Causes of the increase of Crimes reviewed and

considered:--Imputable in the first instance to deficient

Laws and an ill-regulated Police:--To the unfortunate habits

of the lower orders of the People in feeding their families

in Ale-houses.--To the bad and immoral Education of

Apprentices.--To the number of individuals broke down by

misfortunes arising from want of Industry.--To idle and

profligate Menial Servants out of place.--To the deplorable

state of the lower orders of the Jews of the Dutch and

German Synagogue.--To the depraved morals of Aquatic

Labourers.--To the Dealers in old Metals--Second-hand Ships'

Stores--Rags--Old Furniture--Old Building Materials--Old

Apparel: and Cart-keepers for removing these articles.--To

disreputable Pawnbrokers.--And finally to ill-regulated

Public-houses, and to the Superabundance of these

receptacles of idleness and vice.--Concluding Reflections on

the evils to the State and the Individual, which arise from

the excesses of the Labouring People._

In contemplating the mass of turpitude which is developed in the

preceding Chapters, and which exhibit afflicted Society, groaning

under a pressure of evils and Public wrongs, which, but for the

different views which have been taken of the subject, could not have

been conceived to exist; it may be truly affirmed in the first

instance, that much is to be imputed to deficient and ill-executed

Laws, arising chiefly from the want of a proper System of Police.

Offences of every description have their origin in the vicious and

immoral habits of the people, and in the facilities which the state of

manners and society, particularly in vulgar life, afford in generating

vicious and bad habits.

In tracing the progress of those habits which are peculiar to the

lower orders of the Community in this great Metropolis, from infancy

to the adult state, the cause will be at once discovered, why that

_almost universal_ profligacy prevails, which, by being productive of

so much evil to the unfortunate Individuals as well as the Community

at large, cannot be sufficiently deplored.

Before a child is perhaps able to lisp a sentence, it is carried by

its ill-fated mother to the tap-room of an ale-house;[83] in which are

assembled multitudes of low company, many of whom have been perhaps

reared in the same manner. The vilest and most profane and polluted

language, accompanied by oaths and imprecations, is uttered in these

haunts of idleness and dissipation.--Children follow their parents

during their progress to maturity, and are almost the constant

witnesses of their besotted courses.--Reduced, from their unfortunate

habits, to the necessity of occupying a miserable half furnished

lodging from week to week, there is no comfort at home.--No knowledge

of frugal cookery exists, by which a nourishing and palatable meal can

be provided, and frequently a sufficiency of fuel for that purpose is

not accessible.--A succedaneum is found in the ale-house at three

times the expence.--A common fire is provided for the guests,

calculated to convey that warmth which could not be obtained at home;

and food[84] and liquor is furnished at an expence which too seldom

leaves any part of the weekly earning for cloathing, and none at all

for education.--In this manner is a large proportion of what may be

denominated the lowest classes of the people reared in the

Metropolis;[85] and the result is, that while many of the adults are

lost to the state by premature death, from sottishness and

irregularity, not a few of their offspring are never raised to

manhood: But this is not all:--when by means of strong constitutions,

they survive the shocks which nature has sustained in its progress to

maturity under the influence of habits so exceedingly depraved, they

are restrained by no principle of morality or religion,[86] (for they

know nothing of either,) and only wait for opportunities, to plunge

into every excess and every crime.

[Footnote 83: It is even a practice with not a few of the labouring

families in the Eastern part of the Town, to take lodgings in

Ale-houses.]

[Footnote 84: Such is the thoughtless improvidence of this class of

the labouring people, that they are generally the first who indulge

themselves by eating Oysters, Lobsters, and Pickled Salmon, &c. when

first in Season, and long before these luxuries are considered as

accessible to the middle ranks of the Community; whose manners are

generally as virtuous as the others are depraved.]

[Footnote 85: It is not to be inferred from this statement, that there

are not to be found even among the lower classes of the labouring

People in the Metropolis, many instances of honest and virtuous Poor,

whose distresses are to be attributed to the calamity of a failure of

employment, bad health, death of Parents or Children, and other causes

which human prudence cannot prevent; and particularly where the want

of opulent Inhabitants in several of the Eastern Parishes, renders it

necessary to assess _Indigence_ for the support of _Poverty_.--To

these Parishes and Hamlets the Poor resort, both from the nature of

their employments, and the impossibility of finding habitations any

where else.--They have perhaps no legal settlement where they reside,

or the funds of the Parish can afford but a very scanty and inadequate

relief. Depressed with sickness, and broke down and dispirited by

extreme poverty, the little furniture and apparel of Man, Woman, and

Child, is carried to the Pawn-broker's to obtain a scanty pittance for

the immediate support of life, until at length there does not remain

what is sufficient to cover nakedness.--In these miserable mansions

the Author has himself frequently witnessed scenes of distress, which

would rend the heart of the most unfeeling of the human species.--A

temporary and partial expedient has through the benevolence of the

Publick, been administered in the excellent institutions of

_Soup-houses_: but until the funds of the different Parishes can be

made _one Common Purse_, and an intelligent management substituted in

the place of an ignorant and incompetent superintendance, the evil

will not diminish.--To the opulent part of the Community the burden

would never be felt.--At present, where the most indigent are

assessed, the rates are double and treble those in the rich

Parishes.--It is principally to this cause, that Poverty is no where

to be found in so great a degree, cloathed in the garb of the

extremest misery and wretchedness, as in the Metropolis.--And it is to

this cause also, joined to various others explained in this Chapter,

_that above Twenty Thousand miserable Individuals of various classes,

rise up every morning without knowing how, or by what means they are

to be supported, during the passing day; or where, in many instances,

they are to lodge on the succeeding night_.]

[Footnote 86: The Author has often had occasion to witness the extreme

ignorance of the younger part of this class, when called upon to give

evidence in judicial proceedings.--Of the nature of an oath they had

not the least conception,--nor even of the existence of a Supreme

Being.]

Profligate and depraved as the lower orders of the People appear to

have been for several centuries in this great Metropolis, it would

seem that the practice of married females resorting to Public-houses,

and mixing generally in tap-rooms with the idle and dissolute, is an

evil habit of a very modern date; for the period is not even too

remote to be recollected, since it was considered as disgraceful for

Females who pretended to any degree of modesty to be seen in a

Public-house.--It is however now to be lamented that the obloquy of

thus exposing themselves has as little influence, as the rude and

obscene language they uniformly hear uttered.

_Another cause_ of the increase of crimes, may be traced to the bad

and immoral education of Apprentices to Mechanical employments.

Although many of their Masters may not be, and certainly are not,

composed of the class whose manners have just been depicted, yet their

habits lead them too generally to Public-houses, where no

inconsiderable proportion of their earnings are expended;--where low

gaming is introduced, producing ruin and distress to many families

even among the inferior ranks, who might otherwise have moved through

life with credit and reputation.

The force of such an example on young minds is obvious.--No sooner

does an apprentice advance towards the last year of his time than he

thinks it incumbent upon him to follow the example of his master, by

learning to _smoke_.--This accomplishment acquired (according to his

conception), he is a fit associate for those who frequent

Public-houses. He resorts at first to those of a lower class, to avoid

his master or his relations.--There he meets with depraved company;

while he conceives he is following only the example of those whose

manners and habits he has been taught, by example, to imitate, he is

insensibly ensnared.--Having arrived at the age of puberty, and

meeting profligate females in those haunts of idleness, his passions

become inflamed.--The force of evil example overpowers him.--He too

becomes depraved.--Money must be procured to administer to the new

wants which are generated by depravity.--Aided by the facilities held

out by Old Iron Shops, he pilfers from his master to supply those

wants, or associates himself with Thieves, whose acquaintance he made

in progress of his seduction.[87]

[Footnote 87: In the course of the Author's investigations, in his

official situation as a Magistrate, he actually discovered that clubs

of apprentice-boys were harboured in Public-houses, for the purpose of

supporting their fellow-apprentices who ran away from their masters.

The means of thus indulging themselves in lewdness and debauchery was

obtained by pilfering from their Masters, and disposing of the

property at Old Iron Shops.]

Under the circumstances thus stated, where so many temptations assail

the young and inexperienced, the transition from innocence to guilt is

easy to be conceived.--And in a Metropolis where there are seldom

fewer than 150,000 apprentices bound to mechanical employments, the

crimes which spring from this source must be very extensive.--That

there are, however, many good and virtuous young men among the class

of apprentices, who, from a better education, or being under the

control of reputable masters, and attentive parents, escape the snare,

or resist these temptations, is _certain_; and fortunate too for the

best interests of Society. It is to be lamented, however, that the

major part, and particularly parish apprentices, have not always these

advantages; and hence it is that so many become disorderly, and

require the interference of legal authority and punishment for the

purpose of compelling obedience and good conduct.[88]

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