Chapter I (11)

The distress which is thus shewn to prevail, by no means arises from the want of competent funds:--the misfortune is, that from the nature of the present mode of management it is not possible to apply these funds beneficially for the proper relief of those for whom they were intended. A much more moderate assessment, under a regular and proper management, would remove great part of the evil.

The expence of the class of persons denominated _Casual Poor_, who have no settlement in any parish in the Metropolis, amounts to a large sum annually.--In the united parishes of St. Giles in the Fields, and St. George, Bloomsbury, this expence amounted to 2000_l._ in the year 1796. It arose from the support of about 1200 poor natives of Ireland, who but for this aid must have become vagrants. The shocking abuse of the vagrant passes previous to the year 1792, produced the Act of the 32 Geo. III. cap. 45. which requires that Rogues and Vagabonds should be first publicly whipt, or confined seven days in the House of Correction, (females to be imprisoned only, and in no case whipped) before they are passed, as directed by the Act of the 17 Geo. II. c. 5. Hence it is that so many who are either on the brink of vagrancy or have actually received alms, are permitted to remain a burden on the parishes; the Magistrates being loth to incur the charge of inhumanity, by strictly following the letter of the Act, in whipping or imprisoning poor miserable wretches, whose indigence have rendered relief necessary.

In all the 146 parishes within and without the walls, including the Bills of Mortality, &c. it is not improbable that the casual charity given in this way may amount to 10,000_l._ a year.

The loose manner in which it is given, and the impossibility either of a proper discrimination, or of finding in the distributing these resources, that time for investigation which might lead to the solid benefit of the Pauper, by restoring him to a capacity of earning his own livelihood, makes it highly probable that instead of being useful, this large sum is perhaps hurtful, to the major part of the poor who receive it. The trifle they receive, from being injudiciously given, and frequently to get rid of the clamour and importunity of the most profligate, is too often spent immediately in the Gin-shop.--No inquiry is made into the circumstances of the family--No measures are pursued to redeem the apparel locked up in the Pawnbrokers' shop, although a small sum would frequently recover the habiliments of a naked and starving family--no questions are asked respecting the means they employ to subsist themselves by labour; and no efforts are used to procure employment for those who are willing to labour, but have not the means of obtaining work.

Hence it is that poverty, under such circumstances, contributes in no small degree to the multiplication of crimes. The profligate thus partly supported, too often resorts to pilfering pursuits to fill up the chasm, and habits of idleness being once obtained, labour soon becomes irksome.

Why should not the whole nation, but particularly the Metropolis, be considered, so far at least as regards the vagrant and casual Poor, as one family, and be placed under the review of certain persons who might be considered as worthy of the trust, and might devote their time sedulously to that object?--Were such an establishment, instituted, and supported in the first instance by a sum from each parish, equal to the casual relief they have each given on an average of the five preceding years, with power to employ this fund in establishing Houses of Industry, or Work-rooms, in various parts of the Metropolis, where the Poor should receive the whole of their earnings and a comfortable meal besides:--it is highly probable that while the expence to the parishes would gradually diminish, beggary would be annihilated in the Metropolis--the modest and deserving Poor would be discovered and relieved, while the idle and profligate, who resorted to begging as a trade, would be compelled to apply to honest labour for their subsistence.

This is a point in the political oeconomy of the Nation highly important, whether it relates to the cause of humanity or to the morals of the people, upon which all good Governments are founded.--That such an institution is practicable is already proved from the partial experiments that have been made. That the advantages resulting from it would be great beyond all calculation, is too obvious to require elucidation.

While it operated beneficially to the lower classes of the people and to the State, it would relieve Parochial Officers of a very irksome and laborious task, perhaps the most disagreeable that is attached to the office of an Overseer in the Metropolis.

To give this branch of Police vigor and effect, the aid of the Legislature would be necessary; which would be easily obtained when the measure itself was once thoroughly understood, and it could not then fail to be as popular as it would unquestionably be useful.

They who from their habits of life have few opportunities of considering the state of the Poor, are apt to form very erroneous opinions on the subject.

By _the Poor_ we are not to understand the whole mass of the people who support themselves by labour; for those whose necessity compels them to exercise their industry, become by their poverty the actual pillars of the State.

Labour is absolutely requisite to the existence of all Governments; and as it is from the Poor only that labour can be expected, so far from being an evil they become, under proper regulations, an advantage to every Country, and highly deserve the fostering care of every Government. It is not _Poverty_ therefore, that is in itself an evil, while health, strength, and inclination, afford the means of subsistence, and while work is to be had by all who seek it.--The evil is to be found only in _Indigence_, where the strength fails, where disease, age, or infancy, deprives the individual of the means of subsistence, or where he knows not how to find employment when willing and able to work.

In this view _the Poor_ may be divided into five Classes:--

_The first Class_ comprehends what may be denominated _the
useful Poor_, who are able and willing to work--who have
already been represented as the pillars of the State, and
who merit the utmost attention of all Governments, with a
direct and immediate view of preventing their _poverty_ from
descending unnecessarily into _indigence_. As often as this
evil is permitted to happen, the State not only loses an
useful subject, but the expence of his maintenance must be
borne by the Public.--The great art, therefore, in managing
the affairs of the Poor, is to establish Systems whereby the
poor man, verging upon indigence, may be propped up and kept
in his station. Whenever this can be effected, it is done
upon an average at one-tenth of the expence at most that
must be incurred by permitting a family to retrograde into
a state of indigence, where they must be wholly maintained
by the Public, and where their own exertions cease in a
great measure to be useful to the Country.

_The second Class_ comprehends the _vagrant Poor_, who are
able but not willing to work, or who cannot obtain
employment in consequence of their bad character. This class
may be said to have descended from poverty into beggary, in
which state they become objects of peculiar attention, since
the State suffers not only the loss of their labour, but
also of the money which they obtain by the present
ill-judged mode of giving charity. Many of them, however,
having become mendicants, more from necessity than choice,
deserve commiseration and attention, and nothing can promote
in a greater degree the cause of humanity, and the real
interest of the Metropolis, than an establishment for the
employment of this class of indigent Poor, who may be said
at present to be in a very deplorable state, those only
excepted who make begging a profession. It is only by a
plan, such as has been recommended, that the real indigent
can be discovered from the vagrant, and in no other way is
it possible to have that distinct and collected view of the
whole class of beggars in the Metropolis, or to provide the
means of rendering their labour (where they are able to
labour) productive to themselves and the State.--And it may
be further added with great truth, that in no other way is
it possible to prevent the offspring of such mendicants from
becoming _Prostitutes_ and _Thieves_.

If, therefore, it is of importance to diminish crimes, and
to obstruct the progress of immorality, this part of the
Community ought to be the peculiar objects of a branch of
the National Police, where responsibility would secure an
accurate execution of the System. This measure ought to
begin in the Metropolis as an experiment, and when fully
matured might be extended with every advantage to the
Country.

_The third Class_ may be considered under the denomination
of the _Indigent Poor_, who from want of employment,
_sickness, losses_, insanity or disease, are unable to
maintain themselves.

In attending to this description of Poor, the first
consideration ought to be to select those who are in a state
to re-occupy their former station among the labouring Poor;
and to restore them to the first class as soon as possible,
by such relief as should enable them to resume their former
employments, and to help themselves and families.

Where insanity, or temporary disease, or infirmity actually
exist, such a course must then be pursued as will enable
such weak and indigent persons, while they are supported at
the expence of the Public, to perform such species of
labour, as may be suited to their peculiar situations,
without operating as a hardship, but rather as an
amusement. In this manner it is wonderful how productive the
exertions of even the most infirm might be rendered.--But it
must be accomplished under a management very different,
indeed, from any thing which prevails at present.

_The fourth Class_ comprehends the _aged and infirm_, who
are entirely past labour, and have no means of
support.--Where an honest industrious man has wasted his
strength in labour and endeavours to rear a family, he is
well entitled to an asylum to render the evening of his life
comfortable. For this class the gratitude and the humanity
of the Community ought to provide a retreat separate from
the profligate and vagrant Poor. But, alas! the present
System admits of no such blessing.--The most deserving most
submit to an indiscriminate intercourse in Workhouses with
the most worthless: whose polluted language and irregular
conduct, render not a few of those asylums as great a
punishment to the decent part of the indigent and infirm as
a common prison.

_The fifth Class_ comprises the _Infant Poor_, who from
extreme indigence, or the death of parents, are cast upon
the public for nurture. One fifth part of the gross number
in a London Workhouse is generally composed of this class.
Their moral and religious education is of the last
importance to the Community. They are the children of the
Public, and if not introduced into life, under circumstances
favourable to the interest of the State, the error in the
System becomes flagrant.--Profligate or distressed parents
may educate their children ill; but when those under the
charge of Public Institutions are suffered to become
depraved in their progress to maturity, it is a dreadful
reproach on the Police of the Country.--And yet what is to
be expected from children reared in Workhouses, with the
evil examples before them of the multitudes of depraved
characters who are constantly admitted into those
receptacles? Young minds are generally more susceptible of
evil than of good impressions; and hence it is that the
rising generation enter upon life with those wicked and
dangerous propensities, which are visible to the attentive
observer in all the walks of vulgar life in this great
Metropolis.

The limits of this Treatise will not permit the Author to attempt more than a mere outline on the general subject of the Poor; a System of all others the most difficult to manage and arrange with advantage to the Community; but which is at present unhappily entrusted to the care of those least competent to the task.

The principle of the Statute of the 43d of Elizabeth is certainly unobjectionable; but the execution, it must be repeated, is defective. In short, no part of it has been effectually executed, but that which relates to raising the assessments. It is easy to make Statutes; but omnipotent as Parliament is said to be, it cannot give _knowledge_, _education_, _public spirit_, _integrity_ and _time_, to those Changeable Agents whom it has charged with the execution of the Poor Laws.

In the management of the affairs of the State, the Sovereign wisely selects men eminent for their talents and integrity:--Were the choice to be made on the principle established by the Poor Laws, the Nation could not exist even a single year.

In the private affairs of life, the success of every difficult undertaking depends on the degree of abilities employed in the management. In the affairs of the Poor, the most arduous and intricate that it is possible to conceive, and where the greatest talents and knowledge is required, the least portion of either is supplied. How then can we expect success?--The error is not in the original design, which is wise and judicious. The 43d of Elizabeth authorizes an assessment to be made for three purposes.

1st. To purchase Raw Materials to set the Poor to work, who
could not otherwise dispose of their labour.

2d. To usher into the world, advantageously, the Children of
poor people, by binding them apprentices to some useful
employment.

3d. To provide for the lame, impotent and blind, and others,
being poor and not able to work.

Nothing can be better imagined than the measures in the view of the very able framers of this act: but they did not discover that to execute such a design required powers diametrically opposite to those which the law provided. The last two centuries have afforded a series of proof of the total inefficacy of the application of these powers, not only by the effects which this erroneous superintendence has produced; but also from the testimony of the most enlightened men who have written on the subject, from the venerable Lord Hale to the patriotic and indefatigable Sir Frederick Eden. But the strongest evidence of the mischiefs arising from this defective execution of a valuable System, is to be found in the Statute Books themselves.[96]

[Footnote 96: In the Preamble of the Statute on 3 & 4 _William_ and _Mary_ _cap._ 11. and particularly Sec. 11 of that Act, in which the sense entertained by Parliament, of the shocking abuses of the Statute of Elizabeth, "through the unlimited power of Parish Officers," is very forcibly expressed--the truths there stated are found to have full force, even at the distance of more than a Century.]

"The want of a due provision," says Lord Hale, "for the relief and education of the Poor in the way of _industry_, is what fills the gaols with Malefactors, the Country with idle and unprofitable persons, that consume the stock of the Kingdom without improving it; and that will daily increase even to a desolation in time--and this error, in the first concoction, is never remediable but by gibbets and whipping."

That this will continue to be the case under any species of changeable management, however apparently correct in theory the System may be, must appear self-evident to every man of business and observation, whose attention has been practically directed to the general operation of the present mode in various parishes, and who has reflected deeply on the subject.

But to return to the immediate object of inquiry, namely, the means of more effectually preventing the numerous evils which arise from indigence and mendicity in the Metropolis, whether excited by idleness or extreme and unforeseen pressures: Under every circumstance it would seem impracticable without any burthen upon the Public, to provide for all such at least as are denominated Casual Poor (from whom the greatest part of this calamity springs) by adopting the following or some similar plan, under the sanction of Government, and the authority of the Legislature.

That a Public Institution shall be established in the
Metropolis, with _three Chief Officers_, who shall be
charged with the execution of that branch of the Police,
which relates to STREET BEGGARS, and those classes of Poor
who have no legal settlements in the Metropolis, and who now
receive casual relief from the different Parishes, where
they have fixed their residence for the time;--and that
these principal Officers, (who may be stiled _Commissioners
for inquiring into the Cases and Causes of the Distress of
the Poor in the Metropolis_) should exercise the following

FUNCTIONS:--

1st. To charge themselves with the relief and management of
the whole of the _Casual Poor_, who at present receive
temporary aid from the different Parishes, or who ask alms
in any part of the Metropolis or its Suburbs.

2d. To provide Work-rooms in various central and convenient
situations in the Metropolis, where persons destitute of
employment may receive a temporary subsistence for labour.
To superintend these work-houses, and become responsible for
the proper management.

3d. To be empowered to give temporary relief to prop up
sinking families, and to prevent their descending from
poverty to indigence, by arresting the influence of
despondency, and keeping the spirit of industry alive.

4th. To assist in binding out the Children of the Poor, or
the Unfortunate, who have seen better days, and preventing
the females from the danger of becoming Prostitutes, or the
males from contracting loose and immoral habits, so as if
possible to save them to their parents, and to the state.

5th. To open offices of inquiry in different parts of the
Metropolis, where all classes of indigent persons, who are
not entitled to parochial relief, will be invited to resort,
for the purpose of being examined, and relieved according
to the peculiar circumstances of the case.

6th. To exercise the legal powers, through the medium of
Constables, for the purpose of compelling all Mendicants,
and idle destitute Boys and Girls who appear in the streets,
to come before the Commissioners for examination; that those
whose industry cannot be made productive, or who cannot be
put in a way to support themselves without alms, may be
passed to their Parishes, while means are employed to bind
out destitute Children to some useful occupation.

7th. To keep a distinct Register of the cases of all
Mendicants or distressed individuals, who may seek advice
and assistance, and to employ such means for alleviating
misery, as the peculiar circumstances may suggest--never
losing sight of indigence, until an asylum is provided for
the helpless and infirm, and also until the indigent, who
are able to labour, are placed in a situation to render it
productive.

8th. That these Commissioners shall report their proceedings
annually, to his Majesty in Council, and to Parliament; with
abstracts, shewing the numbers who have been examined--How
disposed of--The earning of the persons at the different
Work-rooms--The annual expence of the Establishment;
together with a general view of the advantages resulting
from it; with the proofs of these advantages.

Towards defraying the whole expence of this Establishment it is proposed, that (in lieu of the Casual Charity, paid at present by all the Parishes in the Metropolis, which under this System will cease, together with the immense trouble attached to it,) each Parish in the Metropolis shall pay into the hands of the Receiver of the Funds of this _Pauper Police Institution_, a sum equal to what was formerly disbursed in casual relief, which for the purpose of elucidation, is estimated as follows:--

L. _s._ _d._
97 Parishes within the Walls,
average 10_l._ each 970 0 0

16 Parishes without the Walls, in London and
Southwark, average 60_l._ each 960 0 0
---------------
L.1,930 0 0

23 Out-parishes in Middlesex and Surry,
average 100_l._ each 2,300 0 0

10 Parishes in Westminster,
average 100_l._ each 1,000 0 0
--- ---------------
146 L.5,230 0 0
---

This sum (which is supposed to be not much above one half of the average Annual disbursements of the 146 Parishes above-mentioned; especially since it has been shewn, that the expence in St. Giles' and St. George Bloomsbury alone, has been 2000_l._ in one year) will probably, with oeconomy and good management, be found sufficient for all the relief that is required; more especially as the object is not to maintain the indigent, but to put them in a way of supporting themselves by occasional pecuniary aids well and judiciously applied.

The experiment is certainly worth trying. In its execution some of the most respectable and intelligent individuals in the Metropolis, would gratuitously assist the Commissioners, who as taking responsibility upon them, in the direction of a most important branch of Police, ought undoubtedly to be remunerated by Government, especially as it is scarcely possible to conceive any mode in which the Public money could be applied, that would be productive of such benefit to the State.

If that utility resulted from the design, which may reasonably be expected, it would of course extend to other great towns, as the private _Soup Establishments_ have done, and the condition of the poor would undergo a rapid change. The destitute and forlorn would then have some means of communicating their distress, while information and facts of the greatest importance, to the best interests of Society, would spring from this source.

With respect to the general affairs of the poor, much good would arise from consolidating the funds of all the parishes in the Metropolis.

The poor for instance, who are supported from the parochial funds of Bethnal Green, and other distressed parishes in the eastern parts of the Metropolis, are the labourers of the citizens and inhabitants of the 97 Parishes within the Walls, who, although opulent pay little or nothing to the Poor, since the city affords no cottages to lodge them.

Why, therefore, should not the inhabitants of the rich parishes contribute to the relief of the distresses of those who waste their strength in contributing to their _ease_, _comfort_, and _profit_? In several of the most populous Parishes and Hamlets in the eastern part of the Town, the Poor may actually be said to be assessed to support the indigent. In the very populous Hamlet of Mile-End New Town, where there is scarcely an inhabitant who does not derive his subsistence from some kind of labour, the rates are treble the assessments in Mary-le-bone, where opulence abounds. Nothing can exceed the inequality of the weight for the support of the Poor in the Metropolis; since where the demand is greatest, the means of supply are always most deficient and inadequate.

Certain it is that the whole system admits of much improvement, and perhaps at no period, since the Poor Laws have attracted attention, did there exist so many able and intelligent individuals as at present, who have been excited by motives of patriotism and philanthropy, to devote their time to the subject.

At the head of this most Respectable Group stands Sir FREDERICK EDEN; a gentleman, whose entrance into life, has been marked by a display of the most useful talents, manifested by an extent of labour and perseverance, in his elaborate work on the Poor, which may be said to be unparalleled in point of information, while it unquestionably exhibits the respectable Author as a character in whose patriotism and abilities the State will find a considerable resource, in whatever tends to assist his Country, or to improve the condition of Human Life.

To the Lord Bishop of Durham, the Earl of Winchelsea, Count Rumford, Sir William Young, Thos. Ruggles, Esq. William Morton Pitt, Esq. Jeremy Bentham, Esq. Robert Saunders, Esq. Thomas Bernard, Esq. William Wilberforce, Esq. Rowland Burdon, Esq. the Rev. Dr. Glasse, the Rev. Thomas Gisburn, the Rev. Mr. Howlet, Mr. Davis, Mr. Townsend, Arthur Young, Esq. and William Sabatier, Esq. as well as several other respectable living characters, who have particularly turned their thoughts to the subject of the Poor, the Public are not only already much indebted, but from this prolific resource of judgment, talents, and knowledge, much good might be expected, if ever the period shall arrive when the revision of the Poor Laws shall engage the attention of the Legislature.

The measure is too complicated to be adjusted by men, who have not opportunities or leisure to contemplate its infinite ramifications.

It is a task which can only be executed with accuracy by those, who completely understand the subject as well in practice as in theory, and who can bestow the time requisite for those laborious investigations, which must be absolutely necessary to form a final opinion, and to report to Parliament what is most expedient, under all circumstances, to be done in this important National Concern.

Happy is it for the country, that a resource exists for the attainment of this object, than which nothing can contribute, in a greater degree, to the prevention of Crimes, and to the general improvement of Civil Society.

CHAP. XIV.

_The state of the Police, with regard to the detection of
different classes of offenders, explained.--The necessity,
under the present circumstances, of having recourse to the
known Receivers of stolen Goods, for the purpose of
discovering Offenders, as well as the property stolen.--The
great utility of Officers of Justice as safeguards of the
Community.--The advantages to be derived from rendering them
respectable in the opinion of the Public. Their powers, by
the common and statute law, are extensive.--The great
antiquity of the Office of Constable, exemplified by
different Ancient Statutes.--The authority of Officers and
others explained, in apprehending persons accused of
felony.--Rewards granted in certain cases as encouragements
to Officers to lie vigilant:--The statutes quoted,
applicable to such rewards, shewing that they apply to ten
different offences.--The utility of parochial Constables,
under a well-organized Police, explained.--A fund for this
purpose would arise from the reduction of the expences of
the Police by the diminution of Crimes.--The necessity of a
competent fund explained.--The deficiency of the present
System exemplified in the effect of the presentments by
Constables to the Grand Inquest.--A new System
proposed.--The functions of the different classes of
Officers, explained.--Salaries necessary to all.--The System
of rewards, as now established, shewn to be radically
deficient; exemplified by the circumstance, that in 1088
prisoners, charged at the Old Bailey in one year, with 36
different offences, only 9 offences entitled the
apprehenders to any gratuity:--Improvements suggested for
the greater encouragement of Officers of Justice.--1043
Peace Officers in the Metropolis and its vicinity, of whom
only 90 are stipendiary Constables.--Little assistance to
be expected from Parochial Officers, while there exists no
fund for rewarding extraordinary services.--Great advantages
likely to result from rewarding all Officers for useful
services actually performed.--The utility of extending the
same gratuities to Watchmen and Patroles.--Defects and
abuses in the System of the Watch explained.--The number of
Watchmen and Patroles in the Metropolis estimated at
2044:--A general System of superintendance suggested.--A
view of the Magistracy of the Metropolis.--The efficient
duty shewn to rest with the City and Police
Magistrates.--The inconvenience of the present
System.--Concluding Observations._

As it must be admitted, that the evils arising from the multiplied crimes detailed in the preceding Chapters, render a correct and energetic System of Police with regard to the _detection_, _discovery_, and _apprehension_ of offenders, indispensably necessary for the safety and well-being of Society; it follows of course, in the order of this Work, to explain _how this branch of the public service is conducted at present, the defects which are apparent,--and the means of improving the System_.

When robberies or burglaries have been committed in or near the Metropolis, where the property is of considerable value, the usual method at present, is to apply to the City Magistrates, if in London; or otherwise, to the Justices at one of the Public Offices,[97] and to publish an Advertisement offering a reward on the recovery of the articles stolen, and the conviction of the offenders.[98]

[Footnote 97: It is a well-known fact, that many persons who suffer by 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

The fluctuating Civil Force in { Ship Constables 150
{ Quay Guards 30
---
Total Civil Force of the Marine Police Establishment
when the West-India Fleets are in port 221]

Of these 1040 Officers the Reader will observe, that only 89 (exclusive of the thirty-two extra officers in the City of London; and the sixty-eight patroles at Bow-street; making in the whole no more than 189,) _are Stipendiary Officers_, particularly pledged to devote their whole time to the service of the Public:--and hence a question arises, Whether so small a number are sufficient for the purpose of watching and detecting the hordes of villains who infest the Metropolis, and who must be considerably increased on the return of peace?