Chapter I (9)

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.

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]

[Footnote 88: It is to be feared that much evil arises from the want of attention on the part of Masters among the superior classes of Tradesmen with respect to their apprentices, who too seldom consider the morals of their apprentices as a matter in which they have any concern.--It is even the practice to allow apprentices a certain sum of money weekly, for the purpose of enabling them to provide themselves out of doors, and to prevent the trouble of boarding them in the house. If it were possible for a Master, after exerting all his ingenuity, to invent one mode more likely than another to ruin his apprentices, it is by adopting this plan. If he means to subject himself to great risques with respect to the security of his property, he will permit his apprentice, at the age of puberty when open to seduction, to be at large in this great Town, where he is liable to be assailed by swindlers, cheats, and sharpers, who, availing themselves of the inexperience of youth, may corrupt the mind, and give it a wrong bias. The dangers arising from allowing apprentices to victual out of doors, extend much farther than masters are generally aware of: and they who suffer it do great injury to themselves, and even great injustice to their apprentices, whose morals they are virtually, at least, bound to preserve pure. This is not to be expected where apprentices are not under the eye of the master at Meal-times. Their Sundays, in such cases, are their own, which they waste in idleness, not seldom in water-parties on the River, where they are introduced into low and bad company, which gives frequently a taint to their manners of the most injurious nature. The result is, that their master, without reflecting that he himself was the cause of their idleness, withdraws his confidence, and turns them adrift after their time expires, if not before; and in the end ruin, as might well be expected, inevitably ensues.]

_Another cause_ of the increase of crimes, arises from the number of individuals in various occupations among the lower and middling ranks of life, (and which must naturally be expected in a large Metropolis) who, from their own mismanagement and want of industry, or attention to their business, are suddenly broke down, and in some degree excluded from the regular intercourse with Society. Unable to find employment, from want of character, or want of friends, with constant demands upon them for the means of subsistence to themselves and families, they resort to Public-houses, under the influence of despondency, or to kill time which hangs heavy upon them.

In these haunts of depravity they meet persons who perhaps have been in the like circumstances; but who have resorted to illegal Lottery Insurances, and other swindling devices for subsistence, under whose banners they inlist; and thus strengthen the phalanx of low gamblers, swindlers, and cheats, whose various pursuits have been developed in this Work.--From one vice to another the transition is easy when the mind becomes depraved, and the pursuits which are ultimately followed, depend in a considerable degree on the persons with whom this class of men associate.--If at the low gaming-houses, to which from idle habits they are led to resort, they meet with highwaymen and footpads, they are easily persuaded to become associates in their iniquitous pursuits; or if in the wide range of their acquaintance, by living chiefly in Public-houses, they become acquainted with venders of base money, they enter with equal facility into their views, as a means of supplying their pecuniary wants.

In cases where they have been bred to ingenious mechanical employments, they embrace, wherever a proper opportunity offers, such propositions as may be made them, to become forgers of Bank Bills and Notes, and Coiners of Counterfeit Money.

Such is the lamentable progress of vice in the human mind, that by degrees it embraces eagerly what could not have been indured at the commencement of the career.

_Another cause_ of the increase of Crimes in the Metropolis and its environs, may be traced to the situation of idle and profligate menial servants out of place, and destitute of the means of obtaining situations from the loss of character.--These too, seek for resources in Public-houses, where they soon become the associates of Thieves, Pickpockets, Burglars, and Highwaymen; and it is believed to be chiefly from this class, particularly _Riding Footmen_, and _Postillions_, that the corps of Highway Robbers is constantly recruited.--While others less skilled in horsemanship become Footpads, Burglars, and Pickpockets.

With the major part of this class the transition is easy--depravity had previously taken hold of their minds--every other resource has failed them, and to this they resort, as soon as they can find means, to enlist in any gang that will receive them, where, to those who confine themselves chiefly to burglaries, their knowledge of the interior of the houses of their former masters, and their probable acquaintance with some of the female servants, will be a considerable recommendation, and even a ground of seduction.

_Another Cause_, and no inconsiderable one, of the progress and increase of crimes may be developed, by contemplating the deplorable state and condition of the lower order of the Jews in the Metropolis, who are of the Society of the Dutch Synagogue.[89]--Totally without education, and very seldom trained to any trade or occupation by which they can earn their livelihood by manual labour:--their youths excluded from becoming apprentices, and their females from hiring themselves generally as servants, on account of the superstitious adherence to the mere ceremonial of their persuasion, as it respects meat not killed by Jews, nothing can exceed their melancholy condition, both with regard to themselves and Society. Thus excluded from these resources, which other classes of the Community possess, they seem to have no alternative but to resort to those tricks and devices, which ingenuity suggests, to enable persons without an honest means of subsistence to live in idleness.

[Footnote 89: Another class of Jews which belong to the Portuguese Synagogue are generally opulent and respectable, and hold no community with the others; they use a different Liturgy and their language is even different; their number does not exceed three thousand; they never intermarry with the Jews of the Dutch Synagogue.--They generally pride themselves on their Ancestry, and give their Children the best education which can be obtained in the countries where they reside.--While the Dutch Jews (or rather _the German Dutch Jews_) get no education at all. Even the most affluent of them are said to be generally unable either to read or write the language of the country which gave them birth.--They confine themselves to a Bastard or vulgar Hebrew which has little analogy to the original. The Portuguese Synagogue has been established in England ever since the Usurpation.--Their place of worship is in Bevis Marks.--The Members of it being mostly wealthy are extremely attentive to their poor, among whom there is said not to be a single beggar or itinerant.--The Brokers upon the Exchange of the Jewish Persuasion, are all or chiefly of the Portuguese Synagogue. Their number is limited to _Twelve_ by a particular Act of Parliament.--Originally this privilege was given gratis by the Lord Mayor, but afterwards 100_l._ was required, which has gradually increased to _One Thousand Guineas for each Broker_.

The schism between the two classes of Jews prevail all over the world, though the rational Jews treat the distinction as absurd.

The German Dutch Jews, who may amount to from twelve to fifteen thousand have Six Synagogues, the principal of which are in _Duke's Place, Leadenhall Street_, and _Church Row, Fenchurch Street_. They observe the particular ritual of the German Synagogue, and also include the _Polish_, _Russian_, and _Turkish Jews_, established in London.--With the exception of three or four wealthy Individuals, and as many Families who are in trade on the Royal Exchange, they are in general a very indigent class of people, through whose medium crimes are generated to a considerable extent.--Their Community is too poor to afford them adequate relief, whence they have resorted to the expedient of lending them small sums of money at interest to trade upon, which is required to be repaid monthly or weekly, as the case may be. Otherwise they forfeit all claim to this aid.--The reproach arising from their evil practices and idleness, is said to have engaged the attention of the respectable part of both Synagogues with a view to a remedy, but all their attempts have been heretofore unsuccessful.]

The habits they thus acquire are the most mischievous and noxious to the Community that can be conceived.--Having connexions wherever the Dock-yards are situated, as well as in several other large trading towns in the Kingdom, they become in many respects the medium through which stolen goods are conveyed to and from the Metropolis; and as their existence depends on this nefarious traffick, they keep alive a System of Fraud and Depredation which, perhaps, is generated in a greater degree by their peculiar situation in respect to Society, than by any actual disposition on their parts to pursue these nefarious practices.

Even the system of supporting the poor of this Community, by lending them small sums of money by which they may support themselves by a species of petty traffick, contributes in no small degree to the commission of crimes; since in order to render it productive to an extent equal to the wants of families who do not acquire any material aid by manual labour, they are induced to resort to unlawful means by dealing in stolen goods and in counterfeit money, by which they become public nuisances in the Countries where they receive an asylum.

As there appears in reality to be no distinction made by the rational part of the Jewish persuasion, between the Portuguese and the Dutch Synagogues, it is earnestly to be hoped that the opulent and respectable of the former Community will lend a helping hand in devising some means of rescuing this part of the Nation of the Jews who reside in England, from the reproach, which it is to be feared, has been too justly cast upon them. Policy dictates the measure, while humanity ardently pleads for it.--In so good a work every man of feeling, be his religious persuasion what it may, will join in promoting and carrying into effect a measure so beneficial to the Community at large, by devising some means to render their labour productive; since it is clear to demonstration that to the idle habits of this numerous class of people, is to be ascribed a considerable proportion of the petty crimes, as well as some of the more atrocious offences by which the Metropolis and the Country is afflicted.

_Another cause_ of the increase and multiplication of crimes has arisen from the depraved morals of the Aquatic labourers and others, employed on the wharfs and quays, and in ships, vessels, and craft, upon the River Thames; and from the want, _until lately_, of an appropriate Preventive System to check these depredations.

The analogy between actual pillage and smuggling in the conception of nautical labourers, and the uncontrolled habit of plunder which too long existed, trained up myriads of delinquents who affixed in their minds no degree of moral turpitude to the offence; which of course extended itself both with respect to Commercial and Public Property beyond all bounds, until a remedy was imperiously called for, and at length applied by means of an experimental System of Police applicable to that object.

_Another cause, and certainly none of the least_, which has tended to facilitate the commission of crimes, has been the want of a proper control over persons of loose conduct and dishonest habits, who have opened shops for the purchase and sale of _Old iron_, and _other metals--Old stores--Rags--Old furniture--Old building materials, and second-hand wearing apparel, and other goods_;--and _also cart-keepers_ for the collection and removal of these articles from place to place.

The easy and concealed mode of disposing of pilfered articles, through the medium of these receptacles, has tended more to the corruption of the morals of youth, and to the multiplication of crimes, than it is possible to conceive; nor has the mode of Licensing _Pawnbrokers_, without a due regard to character and a more effectual control, been in many respects less mischievous to the Community.--To the reputable part of this class of dealers it is degrading and even cruel that the reproach and stigma, arising from the nefarious practices of the fraudulent, should unavoidably in the public mind, attach upon those that are blameless, and fair in their dealings.--While the law admits of no power of discrimination, and no means of excluding improper characters exist, the evil must continue; and while it remains on the present footing, it must also be considered as no inconsiderable medium, by which both petty and more atrocious crimes are produced.

_But perhaps the greatest source of delinquency and crimes is to be ascribed to ill-regulated Public Houses_, conducted by men of loose conduct and depraved morals--Since it is in these receptacles that the corruption of morals originates.--It is here that the minds of youth are contaminated, and the conspiracies for the purpose of committing frauds and depredations on the Public formed and facilitated.