means of small Robberies, afraid of the trouble and expence of a
prosecution, submit to the loss without inquiry; while others from
being strangers to the laws, and to the proper mode of application,
fall into the same mistake; this, by proving a great encouragement to
thieves of every class, is of course an injury to the Public.--In all
cases where robberies are committed, the parties sustaining the loss
have only to inquire for the nearest Public Office, and apply there,
and state the case to the sitting Magistrates, who will point out the
proper mode of detection; every assistance through the medium of
constables, will then be given for the purpose of recovering the
property and apprehending the offenders.--The same assistance will be
afforded by the Lord Mayor and Aldermen, sitting at the Mansion-house
and Guildhall, whenever the offence is committed within the limits of
the City of London.]
[Footnote 98: It had been usual for many years previous to 1752, when
robberies were committed, to make a composition of the felony, by
advertising a reward to any person who would bring the property
stolen, to be paid without asking any questions; but the pernicious
consequences of recovering goods in this way from the encouragement
such advertisements held out to thieves and robbers of every
description, became so glaring and obvious, that an Act passed the
25th year of George II. cap. 36. _inflicting a penalty of 50l. on
any person_ (including the printer and publisher) _who shall publicly
advertise a reward for the return of stolen goods with "no questions
asked," without seizing the person producing the goods stolen:--or who
shall offer to return to any pawnbroker, or other person, the money
lent thereon, or any other reward for the return of the articles
stolen_.]
In many cases of importance, to the reproach of the Police, recourse
is had to noted and known Receivers of stolen Goods for their
assistance in discovering such offenders, and of pointing out the
means by which the property may be recovered: this has on many
occasions been productive of success to the parties who have been
robbed; as well as to the ends of public justice; for however
lamentable it is to think that Magistrates are compelled to have
recourse to such expedients, yet while the present System continues,
and while robberies and burglaries are so frequent, without the means
of prevention, there is no alternative on many occasions _but to
employ a thief to catch a thief_.
It is indeed so far fortunate, that when the influence of Magistrates
is judiciously and zealously employed in this way, it is productive in
many instances of considerable success, not only in the recovery of
property stolen, but also in the detection and punishment of atrocious
offenders.
Wherever activity and zeal are manifested on the part of the
Magistrates, the Peace Officers, under their immediate direction,
seldom fail to exhibit a similar desire to promote the ends of public
justice. And when it is considered that these Officers, while they
conduct themselves with purity, are truly _the safeguards of the
Community_, destined to protect the Public against the outrages and
lawless depredations of a set of miscreants, who are the declared
enemies of the State, by making war upon all ranks of the body
politic, who have property to lose;--they have a fair claim, while
they act properly, to be esteemed as "_the civil defenders of the
lives and properties of the People_."
Every thing that can heighten in any degree the respectability of the
office of _Constable_, adds to the security of the State, and the
safety of the life and property of every individual.
Under such circumstances, it cannot be sufficiently regretted that
these useful constitutional officers, destined for the protection of
the Public, have been (with a very few exceptions) so little regarded,
so carelessly selected, and so ill supported and rewarded for the
imminent risques which they run, and the services they perform in the
execution of their duty.
The common Law, as well as the ancient Statutes of the kingdom, having
placed extensive powers in the hands of _Constables_ and _Peace
Officers_;--they are, in this point of view, to be considered as
_respectable_;--and it is the interest of the Community, that they
should support that rank and character in society, which corresponds
with the authority with which they are invested.--If this were
attended to, men of credit and discretion would not be so averse to
fill such situations; and those pernicious prejudices, which have
prevailed in vulgar life, and in some degree among the higher ranks in
Society, with regard to _thief-takers_, would no longer operate; for
it is plain to demonstration, "_that the best laws that ever were made
can avail nothing, if the Public Mind is impressed with an idea, that
it is a matter of infamy, to become the casual or professional agents
to carry them into execution_."
This absurd prejudice against the office of Constable, and the small
encouragement which the major part receive, is one of the chief
reasons why unworthy characters have filled such situations; and why
the public interest has suffered by the increase of crimes.
The office of Constable is as old as the Monarchy of England;--and
certainly existed in the time of the Saxons.[99]--The law requires
that he should be _idoneus homo_: or in other words, _to have honesty
to execute the office without malice, affection, or partiality;
knowledge to understand what he ought to do; and ability, as well in
substance or estate, as in body_, to enable him to conduct himself
with utility to the public.
[Footnote 99: Fineux.]
The Statute of Winchester, made in the 13th year of Edward the First
(anno 1285) appoints two Constables to be chosen in every Hundred; and
such seems to have been the attention of the Legislature to the Police
of the Country at that early period of our history, "_that suspicious
night-walkers are ordered to be arrested and detained by the
watch_."[100]
[Footnote 100: Winton, chap. 4.]
The Statute of 5 Edward III. _cap._ 14, (anno 1332) empowers
Constables "_to arrest persons suspected of man-slaughter, felonies,
and robberies, and to deliver them to the Sheriff, to be kept in
prison till the coming of the Justices_:" and another Act of the 34th
of the same reign, _cap._ 1, (made anno 1361,) empowers Justices,
(_inter alia_) "_to inquire after wanderers, to arrest and imprison
suspicious persons, and to oblige persons of evil fame to give
security for good behaviour; so that the People may not be troubled by
rioters, nor the peace blemished; nor Merchants and others travelling
on the highways be disturbed or put in peril by such offenders_."
By the common law, every person committing a felony may be arrested by
any person whomsoever present at the fact, who may secure the prisoner
in gaol, or carry him before a Magistrate,[101]--and if a prisoner
thus circumstanced, resists and refuses to yield, those who arrest
will be justified in the beating him,[102] or, in case of absolute
necessity, even killing him.[103]
[Footnote 101: Hale.]
[Footnote 102: Pult. 10, a.]
[Footnote 103: Hale.]
In arresting persons on suspicion of a felony, actually committed,
_common fame_ has been adjudged to be a reasonable cause.[104]
[Footnote 104: Dalton.]
There are four methods, known in law, by which Officers of Justice,
as well as private individuals, may arrest persons charged with
felony.--1. _By the warrant of a Magistrate._--2. _By an Officer
without a warrant._--3. _By a Private Person without a warrant._--And
4. _By Hue-and-Cry._[105]
[Footnote 105: Blackstone.]
When a warrant is received by an Officer, he is bound to execute it,
so far as the jurisdiction of the Magistrate and himself extends.--But
the _Constable_ having great original and inherent authority, may,
_without warrant_, apprehend any person for a breach of the Peace: and
in case of felony, _actually committed_, he may, on probable
suspicion, arrest the felon: and for that purpose (as upon the warrant
of a Magistrate,) he is authorised to break open doors, and even
justified in killing the felon, if he cannot otherwise be taken.[106]
[Footnote 106: Blackstone.]
All persons present, when a felony is committed, are bound to arrest
the felon, on pain of fine and imprisonment, if he escapes through
negligence of the by-standers; who will (the same as a constable) in
such case be justified in breaking open doors, to follow such felon,
and even to kill him if he cannot be taken otherwise.[107]
[Footnote 107: Blackstone.]
The other species of arrest is called _Hue-and-Cry_, which is an
_alarm raised in the country_ upon any felony being committed. This
was an ancient practice in use as far back as the reign of Edward the
First, (1285) by which, in the then infant state of society, it
became easy to discover criminal persons flying from justice.
However doubtful the utility of this ancient method of detecting
offenders may be, in a great Metropolis, in the present extended state
of Society, it is plain, that it has been considered as an important
regulation of Police so late as the 8th George II. (1735;) since it
was enacted in that year, (stat. 8, George II. cap. 16.) that the
Constable who neglects making _hue-and-cry_, shall forfeit five
pounds; and even the district is liable to be fined (according to the
law of Alfred) if the felony be committed therein, and the felon
escapes.[108] This, however, applies more particularly to the country,
and where the practice cannot fail to be useful in a certain degree.
[Footnote 108: Blackstone.]
When a _hue-and-cry_ is raised, every person, by command of the
Constable, must pursue the felon, on pain of fine and imprisonment.
In this pursuit also, Constables may search suspected houses if the
doors be open: _but unless the felon is actually in the house_, it
will not be justifiable to use force; nor even then, except where
admittance has been demanded and refused.
A Constable, even without any warrant, may break open a door for the
purpose of apprehending a felon; but to justify this measure, he must
not only shew that the felon was in the house, but also that access
was denied after giving notice that he was a Constable, and demanding
admittance in that capacity.[109] In the execution of the warrant of a
Magistrate, the Officer is certainly authorized to break open the
doors of the felon, or of the house of any person where he is
concealed.--The first is lawful under all circumstances; but forcibly
entering the house of a stranger may be considered as a trespass, if
the felon should not be there.[110]
[Footnote 109: Hale.]
[Footnote 110: Hale.]
Such are the powers with which Constables are invested,--and which
are, in many instances, enforced by penalties; that public justice may
not be defeated.[111]
[Footnote 111: It may not be improper in this place to hint, that
there is a deficiency in the present state of the Law, which calls
aloud for a remedy. None can be arrested on a Sunday, but for felony
or breach of the peace (except in certain cases, where their guilt has
been previously decided on, as in _Escape_, &c.) By this means
Lottery-Vagrants, Gamblers, Sharpers, and Swindlers, bid defiance to
the Civil Power on that day; while a person guilty of pushing or
striking another in an accidental squabble, may be arrested and
confined.]
In addition to this, the wisdom of the Legislature, as an
encouragement to officers and others to do their duty in apprehending
and prosecuting offenders, has granted rewards in certain cases;
_Namely_,
4 Will. & Mary, 1. For apprehending, and prosecuting L.
c. 8; and 6 to conviction, every robber, on the
Geo. I. c. 23. highway, including the streets of the
Metropolis, and all other towns, a reward
of 40_l._ besides the _horse_, _furniture_,
_arms_, and _money_, of the said robber,
if not stolen property: to be paid
to the person apprehending, or if killed
in the endeavour, to his Executors. 40
And the Stat. 8 Geo. II. c. 16. superadds
10_l._ to be paid by the Hundred
indemnified by such taking.
6 & 7 Will. and 2. For apprehending, and prosecuting
Mary, c. 17; to conviction every person who
and 15 & 16 shall have counterfeited, clipped, washed,[112]
Geo. II. c. 28. filed, or diminished the current
coin; or who shall gild silver to make
it pass as gold, or copper, as silver,--or
who shall utter false money, (being
the third offence) or after being once
convicted of being a common utterer,
&c. a reward of 40
3. For apprehending, and prosecuting
to conviction, every person counterfeiting
copper money, a reward of 10
10 and 11 Will. 4. For apprehending, and prosecuting
III. c. 23. to conviction, every person privately
stealing to the value of 5_s._ from any
_shop_, _warehouse_, or _stable_, a Tyburn
ticket,[113] average value, about 20
10 & 11 Will. 5. For apprehending, and prosecuting
III. c. 23. to conviction, every person charged
5 Ann. c. 32. with a burglary, a reward of 40_l._ (to
the apprehender, or if killed, to his
executors) in money, and a Tyburn
ticket, 20_l._ 60
6. For apprehending, and prosecuting
to conviction, every person charged
with house-breaking in the day-time,
40_l._ in money, and a Tyburn ticket 60
7. For apprehending, and prosecuting
to conviction, any person charged
with horse-stealing, a Tyburn Ticket 20
6 Geo. I. 8. For apprehending, and prosecuting
c. 23. with effect, a person charged with
the offence of compounding a felony,
by taking money to help a person to
stolen goods, without prosecuting and
giving evidence against the felon 40
14 Geo. II. 9. For apprehending, and prosecuting
c. 6. with effect, a person charged with
15 Geo. II. stealing, or killing to steal, any sheep,
c. 34. lamb, bull, cow, ox, steer, bullock,
heifer, or calf 10
16 Geo. II. 10. For apprehending, and prosecuting
c. 15. with effect, persons returning from
8 Geo. III. transportation 20
c. 15.
[Footnote 112: In consequence of some doubts which have been started
relative to washed money, the reward in this case is not paid; it is
confined entirely to the conviction of _Coiners_.]
[Footnote 113: This is a Certificate which may be assigned _once_,
exempting the person who receives it, or his immediate assignee, from
all offices within the parish or ward where the felony was committed.
In some parishes it will sell from 25_l._ to 30_l._ In others it is
not worth above 15_l._ to 18_l._ according to local situation.]
These rewards apply to ten different offences, and ought, no doubt, to
be a considerable spur to Officers to do their duty; but it may be
doubted whether this measure has not, in some degree, tended to the
increase of a multitude of smaller crimes which are pregnant with the
greatest mischiefs to Society.--It is by deterring men from the
commission of _smaller_ crimes (says the Marquis Beccaria) that
_greater_ ones are prevented.
If small rewards were given in cases of _Grand Larceny_, (now very
numerous,) as well as of several other felonies, frauds, and
misdemeanors, a species of activity would enter into the system of
detection, which has not heretofore been experienced.
While rewards are limited to higher offences, and CONVICTION _is the
indispensable condition upon which they are granted_, it is much to be
feared that lesser crimes are overlooked; and the Public subjected, in
many instances, to the intermediate depredations of a rogue, from his
first starting upon the town until he shall be worth 40_l._
This system of giving high rewards only on conviction, also tends to
weaken evidence: since it is obvious that the Counsel for all
Prisoners, whose offences entitle the Prosecutors and Officers to a
reward, generally endeavour to impress upon the minds of the Jury an
idea, that witnesses, who have a pecuniary interest in the conviction
of any offender standing upon trial, are not, on all occasions,
deserving of full credit, unless strongly corroborated by other
evidence; and thus many notorious offenders often escape justice.
By altering the system entirely, and leaving it in the breast of the
Judge who tries the offence, to determine what reward shall be
allowed, with a power to _grant_ or _withhold_, or to _limit_ and
_increase the same_, according to circumstances connected with the
trouble and risk of the parties, _whether there is a conviction or
not_, a fairer measure of recompence would be dealt out;--the public
money would be more beneficially distributed,[114] so as to excite
general activity in checking every species of criminality;--and the
objections, now urged against Officers and Prosecutors as interested
witnesses, would, by this arrangement, be completely obviated.
[Footnote 114: The expence to the Public for rewards paid by the
Sheriffs of the different Counties for 12 years, from 1786 to 1797
inclusive, appears from the Appendix of the 28th Report of the Select
Committee on Finance, page 104, to stand thus:
1786 L.10,840
1787 15,060
1788 6,590
1789 7,340
1790 8,970
1791 6,050
--------
L.54,850
1792 L.7,330
1793 8,160
1794 7,140
1795 3,290
1796 4,010
1797 9,650
--------
L.39,580
--------
Total in 12 years, L.94,430.]
For the purpose of elucidating these suggestions, it may be useful to
examine the different offences which constitute the aggregate of the
charges made against criminals arraigned at the Old Bailey, in the
course of a year.
With this view the following statement is offered to the consideration
of the Reader.--It refers to a period of profound peace (as most
likely to exhibit a true average) and contains a register of the
trials, published by authority, including eight sessions from
September 1790 to 1791. From this it appears that 1088 prisoners were
tried for different offences in that year, and that 711 were
_discharged_! and yet, striking as this may appear, it may be asserted
on good grounds, that the following melancholy Catalogue (extensive as
it seems to be) does not probably contain even _one-tenth part_ of the
offences which are actually committed!
6 For Treason in making false money L.
_A reward in money on conviction amounting for each to_ 40
81 Highway Robberies
_A reward (besides the highwayman's property) for each_ 40
41 Burglaries
_A reward 40l. besides a Tyburn ticket worth 20l._ 60
10 House Breaking in the day time
_A reward 40l. besides a Tyburn ticket worth 20l._ 60
23 Stealing goods to the value of 5_s._ from a shop, &c.
_A Tyburn ticket value as above, average_ 20
3 Coining Copper Money
_A reward in money_ 10
17 Horse stealing
_A reward in a Tyburn ticket, average value_ 20
10 For Stealing Cattle and Sheep
_A reward in money_ 10
2 Returning from Transportation
_A reward in money_ 20
---
193 Prisoners tried for offences entitling the apprehenders to
--- rewards on conviction; and 895 also tried, for which
no rewards are allowed, _viz._
10 for Murders
4 Arson
10 Forgeries
2 Piracies
4 Rapes
642 Grand Larcenies[115]
32 Stealing privately from persons
13 Shop-lifting under 5_s._
16 Ripping and stealing Lead
12 Stealing Pewter Pots
22 Stealing from furnished Lodgings
1 Stealing Letters
1 Stealing a Child
22 Receiving Stolen Goods
9 for Dealing in and uttering base Money
1 Sodomy
7 Bigamy
6 Perjuries
6 Conspiracies
3 Fraudulent Bankrupts
15 Frauds
9 Misdemeanors
1 Assaulting, and cutting Clothes
1 Smuggling
7 Obstructing Revenue Officers
1 Wounding a Horse maliciously
38 Assaults
---
89, Total.
193 For which rewards were paid.
445 Prisoners from the late Sheriffs.
---
Aggregate number 1533
[Footnote 115: Grand Larceny is defined to be a felonious and
fraudulent taking away by any person, of the mere personal goods of
another, above the value of _twelve pence_.--1 _Hawk. P.C._ _c._ 33. Sec.
1.]
_Disposed of as follows, viz._
Executed 32
Died 25
Sent to the Hulks 2
Transported 517
Removed to other Prisons 95
Transferred to the new Sheriffs 151
Discharged upon the town 711
----
1533
Thus it appears that murders, as well as several other very atrocious
crimes, are committed, where officers of justice are not entitled to
any reward for their trouble and risque in apprehending the offenders.
Receivers of stolen Goods in particular, who, as has been repeatedly
stated, are _the nourishers and supporters of thieves_, and who, of
all other offenders, are of that class where the greatest benefit to
the public is to arise from their discovery and apprehension, seem to
be totally overlooked.
If it should be thought too loose a system to allow rewards _not
exceeding a certain sum in any one case_, to be distributed according
to the discretion of the Judges who try the offence; perhaps it might
be possible _to form a scale of premiums_ from _one guinea up to fifty
pounds_, which, by holding out certain encouragement _in all cases
whatsoever_, might not only excite a desire on the part of men of some
property and respectability to become Officers of Justice: but would
create that species of _constant vigilance and attention_ to the means
of apprehending every class of offenders, which cannot be expected at
present, while the rewards are so limited.
The _Officers of Justice_, (parochial and stipendiary) who are
appointed to watch over the Police of the Metropolis and its environs,
in keeping the peace, and in detecting and apprehending offenders,
amount at present (as near as possible) to 1040 individuals, under
five separate jurisdictions, _and are arranged as follows_:
OFFICERS, &c.
_London, 1st._ { The City of London in } City Marshals 2
{ 25 Wards, exclusive of } Marshals' Men 6
{ Bridge Without. } Beadles 36
{ Principals 98
Parochial Constables { Substitutes 145
{ --- 243
{ Extra Officers 32
--- 319
_Westminster, { The City and Liberty } High Constable 1
2d._ { of Westminster, 9 }
{ parishes and 2 } Parochial
{ precincts } Constables 70
--- 71
_Middlesex, { The Division of } High Constable 1
3d._ { Holborn, in Middlesex, } Parochial
{ joining the Metropolis, } Constables &
{ in 13 parishes, } Headboroughs 78
{ liberties, and manors } -- 79
{
{ The Division of } High Constable 1
{ Finsbury, in Middlesex, } Parochial
{ joining the Metropolis } Constables &
{ 4 parishes and } Headboroughs 68
{ 1 liberty } -- 69
{
{ The Division called } High Constable 1
{ the Tower Hamlets, } Parochial
{ including the eastern } Constables &
{ part of the Metropolis, } Headboroughs 217
{ and comprehending 10 } --- 218
{ parishes, 4 hamlets, 1 }
{ liberty, and }
{ 2 precincts }
_Tower Liberty, { The liberty of the } High Constable 1
4th._ { Tower of London, } Constables &
{ being a separate } Headboroughs 16
{ jurisdiction } -- 17
The Division of } High Constable
Kensington, Chelsea, &c. } Parochial
comprehending 2 parishes } Constables &
and 3 hamlets } Headboroughs --- 22
_Surry, 5th._ { The Borough of } High Constable 1
{ Southwark, &c. } Constables 87
{ comprehending 9 } -- 88
{ Parishes. }
---
Total Parochial Officers 883
To which are to be added the stated Officers of Police,
specially appointed for the purpose of preventing crimes,
and of detecting and apprehending offenders.
1. The establishment at Bow-Street, under the
direction of the three Magistrates presiding at
that Office, viz. Constables 6
and (under the direction of Sir W. ADDINGTON,
Knt.) Patroles for the Road 68
-- 74
2. The establishment of seven Public Offices by
the Act of the 32d of his present Majesty,
cap. 53, under the direction of three Magistrates
at each Office, viz.
Constables at the Public Office, Queen-Square 6
Marlborough-St. 6
Hatton Garden 6
--
18
Constables at the Public Office, Worship-Street 6
Whitechapel 6
Shadwell 6
Union Hall, Southw. 6
-- 42
---
Total Civil Force in the Metropolis 999
To which add the Civil Force of the Thames Police
Establishment;[116] established in July 1798,
under the sanction of Government 41
----
Total 1040
[Footnote 116: The Thames Police Establishment fluctuates according to
the Season of the year, and the number of West India ships on the
River.--
The permanent force in House Constables, Boat Surveyors,
and Water Officers, &c. is 41