Chapter XVIII: Act 32: Geo. III. cap. 53. and continued for 5 years by 36 (1)

Geo. III. cap. 75.

Queen's Square, Cranley Thomas Kerby, Esq. }
St. Margaret's Henry James Pye, Esq. } _Magistrates_.
Westminster. Patrick Colquhoun, Esq. }
Mess. Arthur Gliddon and J. Jones, _Clerks_.

Great Marl- Nathaniel Conant, Esq. }
borough-street, John Scott, Esq. } _Magistrates_.
Oxford Road. Phillip Neave, Esq. }
Mess. H.P. Butler and J. Thornton, _Clerks_.

Middlesex.

Hatton Garden William Bleamire, Esq. }
Holborn. Aaron Graham, Esq. } _Magistrates_.
Robert Baker, Esq. }
Mess. A. Todd and W. Upton, _Clerks_.

Worship-street, John Floud, Esq. }
Finsbury-Squ. William Brodie, Esq. } _Magistrates_.
John Nares, Esq. }
Mess. Chas. Lush and J. Chalmers, _Clerks_.

Lambeth-street, Rice Davies, Esq. }
Whitechapel. Henry Reynett, D.D. } _Magistrates_.
Daniel Williams, Esq. }
Mess. John Smith and J. Bailey, _Clerks_.

High-street, George Storie, Esq. }
Shadwell. John Staples, Esq. } _Magistrates_.
Rupert Clarke, Esq. }
Mess. J. Rowswell and G. Skeen, _Clerks_.

Surrey.

Union-street, Gideon Fournier, Esq. }
Southwark. Benjamin Robinson, Esq. } _Magistrates_.
Richard Carpenter Smith, Esq. }
Mess. D. Campbell and J.A. Jallicoe, _Clerks_.

Marine Police, P. Colquhoun, Esq. superintending Magistrate,
Wapping New gratis
Stairs. John Harriot, Esq. Resident Magistrate
Henry Lang, Esq. Chief Clerk
William Brooke, Cashier
Three Junior Clerks, and Ten Surveyors, &c.

N.B. The whole Fees and Penalties taken and received at the seven Offices, established by 32 Geo. III. cap. 53. are paid into the _Receiver_ on account of the Public, and the whole expences of the Establishments are defrayed from the funds placed in his hands for that purpose.]

[Footnote 156: The Marine Police Magistrates, on account of the extent of the Establishment, and the number of River Officers under their Control, never leave the Office from the time that business commences in the morning until a late hour in the evening.]

This Institution of established Justices (except with regard to the three Magistrates at Bow-street, and the Justices at the Marine Police Office,) was suggested to the Legislature, in consequence of the pressure felt by the Public, from the want of some regular and properly-constituted Tribunals for the distribution of justice; where the System should be uniform; and where the purity of the Magistrates, and their regular attendance, might insure to the People, the adjustment of their differences, at the least possible expence; and the assistance of gratuitous advice in every difficulty; as well as official aid, in all cases within the sphere of the Magistrates in their respective districts.

The duty of these established Magistrates, (in conjunction with other Justices of the Peace, who find it convenient to give their assistance,) extends also to several important judicial proceedings; where, in a great variety of instances, they are empowered and required to _hear_ and _determine_, in a summary way; particularly in cases relative to the _customs, excise, and stamps--the game laws--hawkers and pedlars--pawn-brokers--friendly societies--highways--hackney coaches, carts, and other carriages--Quakers and others refusing to pay tythes--appeals of defaulters in parochial rates--misdemeanors committed by persons unlawfully pawning property not their own--bakers for short weight, &c.--journeymen leaving their services in different trades--labourers not complying with their agreements--disorderly apprentices--alehouse keepers keeping disorderly houses--nuisances by different Acts of Parliament--acts of vagrancy by fraudulent lottery insurers--fortune-tellers; or persons of evil fame found in avenues to public places, with an intent to rob--As well as a multitude of other offences, in which Justices have power to proceed to conviction and punishment, either by fine or imprisonment_.

The duty of the Magistrates also extends to a vast number of other objects, such as _licencing Public Houses_, and establishing Rules and Orders for Publicans,[157] _watching over the conduct of Publicans--swearing in, charging and instructing parochial constables and headboroughs from year to year, with regard to their duty--issuing warrants for privy searches; and in considering the cases of persons charged with being disorderly persons, or rogues and vagabonds, liable to be punished under the Act of the 17th of George II. cap. 5, and subsequent acts of Parliament--in making orders to Parish Officers, Beadles, and Constables, in a variety of cases--in Parish Removals--in billeting soldiers--in considering the cases of poor persons applying for assistance, or admission to workhouses--in granting certificates and orders to the wives of persons serving in the Militia_, and also _in attesting recruits, for the Army--in attending the General and Quarter Sessions of the Peace, and in visiting the Workhouses, Bride-wells, and Prisons_.[158]

[Footnote 157: See Tract on Public Houses, by the Author of this Treatise.]

[Footnote 158: The Magistrates at the Marine Police confine their attention almost wholly to the cognizance of offences, either committed on the River, or connected with Maritime Affairs, and his Majesty's Stores in the Public Arsenals.]

In addition to these various duties, many criminal cases occur in the course of a year, which are examined for the purpose, if necessary, of being sent to superior tribunals for trials:--such as charges of _Treason, Murder, Coining, and uttering Base Money, Arson, Manslaughter, Forgery, Burglary, Larceny, Sedition, Felonies of various descriptions, Conspiracies, Frauds, Riots, Assaults, and Misdemeanors of different kinds_:--all which unavoidably impose upon every official Magistrate, a weight of business requiring great exertion, and an unremitting attention to the Public Interest, in the due execution of this very important Trust.

When the Police System was first established in the year 1792, the public mind became impressed with an idea that the chief, if not the only, object of the institution was to prevent _Robberies_, _Burglaries_, and other _atrocious Offences_; and that the suppression of those crimes, which bore hardest upon Society, and were most dreaded by the Public at large, was to be the result. These expectations shewed, that neither the powers nor authorities granted by the Act of Parliament, nor the other duties imposed upon the Magistracy of the Police, were understood. For this Statute (useful as it certainly is in a very high degree in many other respects,) does not contain even a single regulation applicable to the prevention of crimes; except that which relates to the apprehension of suspected characters, found in the avenues to public places, with intent to commit felony; who are liable to be punished as rogues and vagabonds,--and even this provision does not extend to the city of London.

But this is not all--an establishment has been created, without the most necessary of all engines to give vigour and effect to the exertions of the Magistrates; namely, a pecuniary Fund to defray the expences of detecting criminals, and of rewarding those who bring informations useful to Public Justice. The expence of each Public Office being restricted to _two thousand pounds_ a year, and the establishment in _salaries_, _rents_, _taxes_, and other _contingencies_ exhausting that sum, nothing remains for one of the most necessary purposes of the Institution--the _Prevention_ and the _Suppression of Crimes_.[159]

[Footnote 159: It is by no means to be understood, that this deficiency arose from any want of real attention or public spirit on the part of the respectable individuals who framed and promoted this act. It was perhaps as much as could reasonably be expected at the time, until the public mind could be more fully informed. It was by the operation of this act, that a correct view of the improvements necessary to complete the System, were to be obtained. This first step was, therefore, of great importance; and it is but justice to state, that to the Authors of this Act the Public will be indebted for every subsequent arrangement, which may be adopted for perfecting the Police of the Metropolis.]

It is in vain to expect that either vigour or energy can enter into that part of the System, where a great deal of _both_ is necessary, _without Funds_.

If criminals, at war with the Community, are to be detected--if risks are to be run to effect this purpose--if it is to be done, (as it must frequently be) at the hazard of the loss of health, and _even of life_, by watching desperadoes in the night time--if accurate informations are necessary, either to discover where stolen property is deposited, or where the delinquents are to be found; a Fund must be provided, or the Public cannot be protected. Those, whose province it is to watch over the Police must not expect that men, capable of giving them useful information, will return a second time, if they have not some adequate reward bestowed upon them for their labour, risk, and trouble. Without such power of granting small rewards, (so far as that part of his duty which relates to the discovery of property plundered, and the detection of the offenders is of importance to the Public,) a Magistrate is placed in the situation of a person pledged to work, _without tools or implements of labour_, by which he can in any respect accomplish his purpose. And hence it is, that among the numerous causes assigned in the course of this Work, for the increase of Crimes,--this is none of the least.

Not that it is meant that any additional burthen on the Public, by an extensive expenditure of money, would be necessary--A very moderate sum judiciously and oeconomically laid out, would bring to Commissioners of the Police, or to the _disbursing Magistrates_, through some medium or other, an early account of most of the depredations committed upon the Public, as well as every circumstance relative to coiners and sellers of base money.--This would lead to the detection and apprehension of most of the offenders; and thereby strike such an universal terror, as (assisted by the other salutary regulations proposed in this Work) would soon reduce the number of Thieves, Coiners, and other delinquents; and thus, of course, diminish the ultimate and great additional expence which follows conviction, in all cases where felons are in the course of punishment.

In this view of the subject, it would prove a Regulation calculated greatly to reduce the aggregate expence; for surely, if _a few guineas_ judiciously laid out, in the first instance, would save _fifty_ afterwards to the State, it must be a wise and a good arrangement; and in this way it would probably operate. But this would not be the only saving to the Nation: by preventing crimes, all those concerned in projects of mischief must, instead of preying upon the industry of others, assist the State, by contributing their share to the national stock of labour.

Next to the want of a sufficient pecuniary Fund, the most obvious deficiency in the present System of executive Police in the Metropolis, is that which regards the Magistracy of the City of London; _where the case is precisely reversed_; for _there_ the funds for the detection and discovery of offenders, may be made as ample as the Corporation shall think fit; but the want of a _Stipendiary Establishment_ must prevent the operation of that System of vigour and energy, which the increase of Criminals and the present state of Society demand.

The Magistrates of the City of London form a body, perhaps the most _respectable_, and _independent_ of any in the world; but besides the unavoidable, important, and multiplied affairs of the Corporation, in attending the various Courts of the Lord-Mayor--Aldermen--Common Council--Common Hall--Wardmotes--Conservancy--Courts of Requests--Court of Orphans--and General and Quarter Sessions of the Peace, and Justice Hall at the Old Bailey, they have avocations and engagements in business, which must necessarily occupy their minds. It cannot, therefore, reasonably be expected, that they should forego their own important private interests, and bestow upon the business of the Public that attention which their situation as Magistrates seems to require.[160]

[Footnote 160: The Author having had occasion to represent to a late Chief Magistrate, of great talents and respectability, the enormous evil arising from _base coin_:--He very judiciously observed, that to do any good in protecting the Public against this species of offence, _it would require the mind of a Magistrate to be given up to that object alone_. This pointed and accurate remark is sufficient to elucidate, in an eminent degree, the necessity of Magistrates with salaries, in all large Communities.]

The Chief Magistrate cannot, in the nature of things, while the immense load of municipal affairs, joined to his own private concerns, presses constantly upon his mind, bestow either time or attention in considering the cases of delinquents brought before him; or in following up informations, and devising plans necessary to detect offenders; and yet this detail of duty, even from the pass-vagrant to the most atrocious villain, is imposed on him, by ancient immemorial custom and usage; at the very moment when he is overpowered with other official business, of great magnitude and importance; which can be transacted by no other person. Hurried with constant engagements, inseparable from the functions and dignity attached to his high office, and the general government of the City, a Lord-Mayor is just beginning to understand the duties attached to the Chief Magistracy, at the period when he must lay it down.

The other Magistrates of the City having had a precise line of duty anciently chalked out, when Commerce and Society had made less progress, the same System continues; nor would it be proper to expect an augmentation of labour, or a greater proportion of time, from Magistrates who serve the Public gratuitously.--The unremitting attendance and indefatigable industry, which the Public interest requires, it would be vain and unjust to expect, from any but Magistrates selected for that purpose, and that only.[161]

[Footnote 161: The Select Committee of the House of Commons on Finance, in their 28th Report (already repeatedly quoted), appear to be very strongly impressed with the necessity of Police Magistrates, and a Concurrent Jurisdiction for the City of London.--They express themselves in the following words: "It is further to be stated, that a considerable defect is felt in the Police of the Metropolis, from the limited jurisdiction of the present Magistrates in every part of it, and from the want of an Institution similar to that of the Police Offices to be established in the City of London, as was originally intended and proposed: that the delay which necessarily takes place in obtaining the sanction of the local Magistracy in either case, to the warrants of those presiding in other districts, operates in all cases to the advantage of offenders against the Laws, and to the obstruction of Public Justice: add to which, that the numerous and important avocations, both public and private, of the truly respectable Magistracy of the City, is too often inconsistent with that constant and unremitting attention which the due preservation of the Police of the Metropolis requires. That it would be unfortunate indeed if any local jealousy founded upon no just grounds, though entertained by honourable minds, should continue to deprive even the Inhabitants of the City itself, as well as those of the rest of the Metropolis, of that security which a more permanent attendance, and a perfect intercommunity of Jurisdiction in Criminal matters between the Magistrates of every part of the Metropolis, and of the five adjoining Counties, could not fail to produce."--See p. 13, 28th Report, 26th of June, 1798.]

With the increase of those blessings which are supposed to arise from a course of prosperity and wealth, there is generally an increase also of _evils_ and _inconveniences_; and hence it is that while an influx of riches preponderates in _one scale_, an augmentation of crimes acts as a counterbalance in the _other_:--thus requiring the constant and progressive application of such antidotes and remedies as will preserve the _good_, while the _evil_ is diminished or kept within bounds.

It seems that the Metropolis is now in that situation where the active and unceasing attention of Magistrates with salaries, has become necessary to promote a vigorous and energetic execution of the Law, for the general protection of property, and the safety of individuals.[162]

[Footnote 162: If this were the case, neither the Bank, nor the avenues to every part of Cheapside, &c.[H] would be beset with gangs of rogues and sharpers, both men and women, who support themselves principally by the resource which the vast amount of moving property, in money and portable goods, affords them, in this part of the Metropolis; where, it appears, capital offenders are rarely detected; since, at the Old Bailey, those convicted in the course of a year, from the City and County, run in the proportion of about 1-7th part for London, and 6-7th parts for Middlesex.[I]]

[Footnote H: See p. 106.]

[Footnote I: Vide Table, p. 429.]

Contemplating the various existing evils detailed in this Work, and which form so many prominent features of Police, requiring the constant and watchful eye of the Magistrate, it seems clear to demonstration, that unless official duties become the sole business and pursuit of the parties engaged in them, the Public Interest must suffer; and (although imperceptible in their progress), Crimes will increase and multiply; at a time when the comfort, happiness and security of Society, require that they should be diminished.

In consequence also of the great accumulation of the Statute Laws, requiring the attention of Justices in a vast number of instances, which did not occur a century ago, their duty has so multiplied as to require the _whole time_ of Magistrates acting in all great Societies; an observation which applies not merely to the Metropolis, but to many large Provincial Towns. It follows, therefore, almost as a matter of course, that Stipendiary Justices have become indispensably necessary.[163]

[Footnote 163: In the measures finally proposed by the Finance Committee, in the 9th Article (page 30), they recommend it to Parliament, "That two additional Offices of Police should be established in the City, consisting each of three Magistrates, to sit at the Mansion-house, and at Guildhall, for the purpose of assisting the Lord-Mayor and the Court of Aldermen: such Magistrates to be named by the Lord-Mayor and Court of Aldermen; and paid out of the General Funds arising from the proposed regulations; to sit permanently, as at the other Offices, with Commissions from the Crown, extending over the whole Metropolis, and the counties of Middlesex, Kent, Essex, and Surry."]

If men of business, integrity, and talents, could once be prevailed on to accept of such employments, and execute the trust reposed in them with zeal and attention to the public interest, and with firm and independent minds, attached to no Party, infinite advantages must result to the Community from their services.[164]

[Footnote 164: A Police Magistrate has nothing to do with the politics of the Country; and he is incapable, and unworthy of the trust reposed in him, if he permits any bias, or influence, but that which is immediately connected with a correct and chaste execution of the Laws, to take hold of his mind.--It is only by this line of conduct, that he can either render himself useful or respectable.]

Where men of this description pledge themselves, as they must necessarily do, to give up every other pursuit, assiduously and constantly to execute the laborious duties of a Police Magistrate; Justice also requires that the reward should be commensurate to the sacrifices which are made. It is the interest of the Community that it should be so: for in the present extended state of Commerce and Society, no gratuitous System can ever be expected to answer any purpose of real utility.

While the higher order of Magistrates receive the just reward of their useful labour, bestowed in the exercise of their functions in promoting the public good--where can be the impropriety of extending the same species of remuneration to inferior Magistrates; who must devote even a greater portion of time and attention to the multifarious duties assigned them?

The office of _Assistant Magistrates_ in the City might be assigned to six active and honourable men, who would give _their whole attention to_ the criminal department of the Police. The proceedings of these Magistrates should be sanctioned by the presence of the Aldermen, as often as one or more could conveniently attend; on which occasions they would necessarily preside, as holding within their own district, the highest rank in the Magistracy.

The difference in point of benefit to the Community between a _Mind_ constantly occupied in objects of public utility, and that which is only occasionally employed, is great beyond all possible calculation.--Nor is the measure without precedent, even in the City of London, since the Recorder may, in his high office, be fairly considered in the light of a Magistrate with a salary.

Ready on every occasion at their Sittings in the morning and evening, to offer their advice or assistance to the labouring people, as well as all ranks of the Community, who apply for it--to adjust their differences, and to protect them against wrongs and oppressions: prepared also, as a matter of business, to receive and follow up informations where crimes have been committed, and never to lose sight of the object while it is practicable to attain it; these Assistant Magistrates would afford incalculable advantages to the City: which would be still farther increased, if a System of co-operation of the other Police Magistrates were established, upon a plan which would unite their energy, and render their jurisdiction co-extensive. (See _ante_ pages 419, 420).

It is a well-known fact, that since the establishment of Police Magistrates for Westminster, and the parts of Middlesex and Surry, contiguous to the City of London, great benefits have been experienced from the assistance and advice which have been afforded to the indigent, and the ignorant.

Many quarrels and little law-suits have been prevented, and innumerable differences immediately reconciled without any expence.

It is in this manner that Magistrates, acting up to the spirit of their Public Duty, and bestowing their _whole_ attention upon whatever relates to that duty, confer those obligations upon the Community which no moderate remuneration can repay.

The office of a Police Magistrate is not like other public situations:--for the business is multifarious, seldom admits of any recess or a vacation.--It is, or ought to be, _constant_, _laborious_, and without _intermission_.[165]

[Footnote 165: In the month of October, 1793, a respectable Committee, representing the great body of the Manufacturers in Spitalfields, waited on His Majesty's Principal Secretary of State for the Home Department, with an Address of Thanks for the Establishment of the Police System; the substance of which is as follows:

"That it is the opinion of this Society, that great benefits have arisen, with regard to the security of property, from the correct and regular manner in which the judicial business has been conducted by the Magistrates of Police; in consequence of whose vigilance and attention, an effectual check has been given to a System of depredation which heretofore occasioned a loss of many thousands per annum to the Silk Manufacturers:"--And it was Resolved,--"That the Thanks of this Society are due to the Right Honourable Henry Dundas, one of His Majesty's Principal Secretaries of State; and also to Mr. Burton, and the other Members of Parliament, who proposed and supported the Police System, for the share they had in the establishment of a judicial Tribunal, which has been found to extend, to the Silk Manufacturers, many advantages in a just and proper execution of the Laws which were not heretofore experienced."]

But with all these advantages, even improved by competent funds appropriated to the different Public Offices, still a _Centre-point_ is wanted to connect the whole together, so as to invigorate and strengthen every part, by a superintending Establishment, under the immediate controul of the Secretary of State for the Home Department: There, indeed, the constitutional superintendence of the Police of the Metropolis, as well as of the whole country, rests at present; but from the vast weight and increase of other Public Business, connected with the general affairs of the State, foreign, colonial, and domestic, it has been found impracticable to pursue that particular System which has now become, more than ever, necessary for the detection of criminals. It seems then, that in executing a task so complicated and multifarious, a delegation of subordinate _Responsible Management_ to a _Central Board of Police_ should be resorted to: as the only means of giving strength, vigour, and energy to a System, heretofore only partially useful; and which, in its present disjointed state, is incapable of extending that Protection and Security, which has been shewn in the course of this Work, to be so much wanted, and so indispensably necessary.

To understand the Police of the Metropolis to that extent which is necessary to direct and superintend its general operations, it must be acted upon _practically_; and those who undertake the _superintendence_ and _management_ alluded to, must be men _able_, _intelligent_, _prudent_, and _indefatigable_: devoting their whole attention to this object alone. Clerks might be continually employed with great advantage in entering and posting up under the proper heads, such new information as should be obtained from day to day; and hours should be appointed for receiving such intelligence from all proper and well-informed persons, who might choose to offer the same; so far as such information related to Public wrongs, and offences against the peace, safety, and well-being of Society.

Under such a System, with a proper power of remunerating Officers and others, scarcely a _Robbery_, _Burglary_, _Larceny_, or _fraudulent Transaction_, could be committed, where the perpetrators would not be very speedily detected and brought to justice; for then the Magistrates, in their respective districts, would be enabled to act with confidence, vigour, and energy, in the discovery and apprehension of offenders;--and the effect would be to excite a general terror in the minds of every class of delinquents; which could not fail to operate strongly as a means of preventing crimes, and improving the morals and the happiness of the lower orders of the People.

In addition to this these responsible Commissioners of Police might, with great propriety, and with no little public utility, have committed to them the superintendence of _all Receipts and Disbursements of the accounts_, and of _all monies applicable to objects of Police_: these they should lay annually before Parliament, if required, accompanied by a General Report; that the Legislature, as well as the Public at large, might see in what manner the funds had been applied; and what progress had been made in the prevention of crimes, and in restoring among the Labouring People that sense of morality, which never, perhaps, was at a lower ebb than at present.

The most enlightened Foreigners who have visited this Metropolis, and contemplated the nature and organization of our Police System, join in one general remark upon it; viz.--"_That we have some shadow of Police, for apprehending Delinquents, after crimes are actually committed; but none for the purpose of preventing them_."--This certainly is, in one sense, literally true;--and from this source, combined with the imperfection of the Criminal Code, have arisen all those enormities and inconveniences already so amply detailed.

Attached to the Laws and Government of his country, even to a degree of enthusiasm, the Author of this Work will not be too prone to seek for greater perfection in other nations: or to quote them as examples to be imitated in the Metropolis of the British Empire; and still less if such examples should tend, in the slightest degree, to abridge that freedom which is the birth-right of every Briton. But as all true liberty depends on those fences which are established in every Country, for the protection of the Persons and Property of the People, against every attack whatsoever: and as prejudices ought to be banished from the mind in all discussions tending to promote the General Weal, we ought not to be ashamed of borrowing good Systems from other Nations; wherever such can be adopted, consistent with the Constitution of the Country, and the Liberty of the Subject.

In France, under the Old Government, how much soever many parts of the System of that Country were justly reprobated, by all who were acquainted with the blessings of Freedom, yet, in the management and regulation of what was denominated _The Police_, there existed that kind of Establishment, with regard to personal security, and protection against the depredations of the most depraved part of the community, which Englishmen have certainly never enjoyed; who, on the contrary, have suffered manifold inconveniences from an idea, (surely a very erroneous one,) "that we must endure these public wrongs, and expose our property and lives to the attack of murderers, robbers, and highwaymen, as the price of _Liberty_."

When difficulties are felt, it is our duty to look at them dispassionately; to face them with fortitude, and to discuss them with intelligence--divested of all prejudices generated merely by habit and education. By pursuing this mode of investigation, it will be discovered that in other Governments there may be some Establishments worthy of imitation; and which, perhaps, might in part be adopted, not only in perfect consistency with the Freedom of the Subject; but with the advantage of extending to the mass of the People, who are not in a course of delinquency, more real liberty than they at present enjoy.--

At the commencement of the troubles in France, it is a curious fact, that the Lieutenant-General of the National Police, as well as that of the Metropolis, had upon his Registers the names of not less than twenty thousand suspected and depraved characters, whose pursuits were known to be of a criminal nature; yet, by making this part of Police the immediate object of the close and uniform attention of one branch of the Executive Government, Crimes were much less frequent than in England; and the security extended to the Public, with regard to the protection of Life and Property against lawless depredation, was infinitely greater.--To elucidate this assertion, and to shew to what a wonderful height the System had advanced, the Reader is referred to the following Anecdotes; which were mentioned to the Author by a Foreign Minister of great intelligence and information, who resided some years at the Court of France.

"A Merchant of high respectability in Bourdeaux had occasion to visit the Metropolis upon commercial business, carrying with him bills and money to a very large amount.

"On his arrival at the gates of Paris, a genteel looking man opened the door of his carriage, and addressed him to this effect:--_Sir, I have been waiting for you some time; according to my notes, you were to arrive at this hour; and your person, your carriage, and your portmanteau, exactly answering the description I hold in my hand, you will permit me to have the honour of conducting you to Monsieur De Sartine._

"The Gentleman, astonished and alarmed at this interruption, and still more so at hearing the name of the Lieutenant of the Police mentioned, demanded to know what _Monsieur De Sartine_ wanted with him; adding, at the same time, that he never had committed any offence against the Laws, and that he could have no right to interrupt or detain him.

"The Messenger declared himself perfectly ignorant of the cause of the detention; stating, at the same time, that when he had conducted him to _Monsieur De Sartine_, he should have executed his orders, which were merely ministerial.

"After some further explanations, the Gentleman permitted the Officer to conduct him accordingly. _Monsieur De Sartine_ received him, with great politeness; and after requesting him to be seated, to his great astonishment, he described his portmanteau; and told him the exact sum in bills and specie which he had brought with him to Paris, and where he was to lodge, his usual time of going to bed, and a number of other circumstances, which the Gentleman had conceived could only be known to himself.--_Monsieur De Sartine_ having thus excited attention, put this extraordinary question to him--_Sir, are you a man of courage?_--The Gentleman, still more astonished at the singularity of such an interrogatory, demanded the reason why he put such a strange question, adding, at the same time, that no man ever doubted his courage. _Monsieur De Sartine_ replied,--_Sir, you are to be robbed and murdered this night!--If you are a man of courage, you must go to your hotel, and retire to rest at the usual hour: but be careful that you do not fall asleep; neither will it be proper for you to look under the bed, or into any of the closets which are in your bed-chamber_; (which he accurately described);--_you must place your portmanteau in its usual situation, near your bed, and discover no suspicion:--Leave what remains to me.--If, however, you do not feel your courage sufficient to bear you out, I will procure a person who shall personate you, and go to bed in your stead._

"The Gentleman being convinced, in the course of the conversation, that _Monsieur de Sartine's_ intelligence was accurate in every particular, he refused to be personated, and formed an immediate resolution, literally, to follow the directions he had received: he accordingly went to bed at his usual hour, which was eleven o'clock.--At half past twelve (the time mentioned by _Monsieur De Sartine_), the door of the bed-chamber burst open, and three men entered with a _dark lantern_, _daggers_ and _pistols_.--The Gentleman, who of course was awake, perceived one of them to be his own servant.--They rifled his portmanteau, undisturbed, and settled the plan of putting him to death.--The Gentleman, hearing all this, and not knowing by what means he was to be rescued, it may naturally be supposed, was under great perturbation of mind during such an awful interval of suspense; when, at the moment the villains were preparing to commit the horrid deed, four Police Officers, acting under _Mons. De Sartine's_ orders, who were concealed under the bed, and in the closet, rushed out and seized the offenders with the property in their possession, and in the act of preparing to commit the murder.

"The consequence was, that the perpetration of the atrocious deed was prevented, and sufficient evidence obtained to convict the offenders.--_Monsieur De Sartine's_ intelligence enabled him to _prevent_ this horrid offence of robbery and murder; which, but for the accuracy of the System, would probably have been carried into execution."

Another Anecdote, was mentioned to the Author by the same Minister, relative to the Emperor Joseph the Second: "That Monarch, having, in the year 1787, formed and promulgated a new Code of Laws relative to criminal and civil offences;[166] and having also established what he conceived to be the best System of Police in Europe, he could scarcely ever forgive the French Nation, in consequence of the accuracy and intelligence of _Mons. De Sartine_ having been found so much superior to his own; notwithstanding the immense pains he had bestowed upon that department of his Government.

[Footnote 166: Vide page 63 & _seq._ of this Volume.]

"A very notorious offender, who was a subject of the Emperor, and who committed many atrocious acts of violence and depredation at Vienna, was traced to Paris by the Police established by His Majesty, who ordered his Ambassador at the Court of France to demand that this delinquent should be delivered up to Public Justice.

"_Mons. De Sartine_ acknowledged to the Imperial Ambassador, that the person he inquired after had been in Paris;--that, if it would be any satisfaction, he could inform him where he had lodged, and the different gaming-tables, and other places of infamous resort, which he frequented while there;--but that he was now gone.--

"The Ambassador, after stating the accuracy and correct mode by which the Police of Vienna was conducted, insisted that this offender must still be in Paris; otherwise the Emperor would not have commanded him to make such an application.

"_Monsieur de Sartine_ smiled at the incredulity of the Imperial Minister, and made a reply to the following effect:--

"_Do me the honour, Sir, to inform the Emperor, your Master, that the person he looks for left Paris on the 10th day of the last month; and is now lodged in a back room looking into a garden in the third story of a house, number 93, in ---- street, in his own Capital of Vienna; where his Majesty will, by sending to the spot, be sure to find him._--

"It was literally as the French Minister of Police had stated.--The Emperor, to his astonishment, found the delinquent in the house and apartment described; but he was greatly mortified at this proof of the accuracy of the French Police; which, in this instance, in point of intelligence _even in Vienna_, was discovered to be so much superior to his own."--

The fact is, that the French System had arrived at the greatest degree of perfection; and though not necessary, nor even proper, to be copied as _a pattern_, might, nevertheless, furnish many useful hints, calculated to improve the Police of this Metropolis, consistent with the existing Laws; and even to extend and increase the Liberty of Subject without taking one privilege away; or interfering in the pursuits of any one class of individuals; except those employed in purposes of _mischief_, _fraud_, and _criminality_.

The situation of this Country, (indeed of every country in Europe,) has changed materially since the dissolution of the ancient Government of France.--The horde of sharpers and villains, who heretofore resorted to Paris from every part of Europe, will now consider London as their general and most productive theatre of action; for two obvious reasons:--1st. Paris being exhausted of riches, its Nobility banished, and the principal part of the active property there annihilated, the former resources for the support of criminal and depraved characters no longer exist; while that Metropolis holds out no allurements similar to what were formerly experienced. 2dly. The ignorance of the English language (a circumstance which formerly afforded us some protection), will no longer be a bar to the resort of the continental sharpers to the Metropolis of this kingdom. At no period was it ever so generally understood by Foreigners; or the French language so universally spoken, by at least the younger part of the People of this Country.--

The spirit of gaming and dissipation which prevails in London, promoted already in no inconsiderable degree by profligate characters from the Continent, the opulence of the People, and the great mass of active property in circulation, will afford a wide field for the exercise of the invention and wits of that description of men, both foreigners and natives, who infested Paris under the old Government, and which rendered a more than ordinary attention to its Police indispensably necessary.--

The termination of the present war will probably throw into this country a vast number of idle, profligate, and depraved characters, natives of this, as well as of other nations, who will require to be narrowly watched by a vigilant and well-regulated Police. The probability of such an accession to the numbers already engaged in acts of delinquency, serves to establish new and incontrovertible arguments in favour of the proposed _Board of Responsible Commissioners_, for managing the affairs of the Police of the Metropolis; to form a _Centre-point_, and to bind the System together.

To be well prepared against every possible evil, is one great step towards prevention; and among the many advantages already detailed, as likely to result from a _Board of Police Revenue_, this would be none of the least.

In every view in which the subject can be considered, such a System, strengthened by good and apposite Laws, could not fail to be productive of vast benefits to the Community. _Petty Thefts_ affecting all ranks who have any property to lose, and destroying the moral principle, would be greatly abridged:--as would also the plunder from vessels in the River Thames, as well as from the public Arsenals, Dock-yards, and Ships of War. The more atrocious Crimes of Burglary and Highway Robbery, would suffer a severe check, in the embarrassments which would arise from the System of detections and Rewards--from the restrictions proposed to be laid upon Receivers of Stolen Goods; upon Night Coaches,--and from other regulations applicable to those particular offences. A large proportion of the _Coiners_, _Dealers_, and _Utterers of Base Money_, feeling the risk of detection, as well as of punishment, greatly extended and increased, would probably abandon the business as hazardous and destructive. The completion of the General System would also, either collaterally or immediately, reach the tribe of Cheats, Swindlers, and Lottery Offenders, in such a manner as to occasion a considerable reduction of their number, by narrowing the ground, and destroying the resources by which they at present flourish.

The establishment of such a System would be an immediate benefit to every man of property, as an individual, independent of the Public at large; but even in another point of view, it is doubly necessary at this juncture, when new events are daily occurring, of a nature truly interesting to the peace and well-being of Society, and to the tranquillity of the State; rendering it more than ever necessary to establish a System of unremitting vigilance. It is a fact well established, that it was principally through the medium, and by the assistance, of many of the twenty thousand miscreants who were registered, previous to the anarchy of France, on the books of the Lieutenant of Police, that the contending Factions in that distracted country, were enabled to perpetrate those horrid massacres and acts of atrocity, which have been beheld with detestation, abhorrence, and astonishment, by every civilized nation in the world.

Let it be recollected, at the same time, that Mankind, in a state of depravity, arising from a long course of criminal turpitude, are nearly alike in every country; and that it becomes us to look with a jealous eye on the several thousand miscreants of the same description which now infest London; for they too, upon any fatal emergency, (which GOD forbid!) would be equally ready as their brethren in iniquity were, in Paris, to repeat the same atrocities, if any opportunity offered.

As the effectuating such an object has become so great a desideratum;--and as it is to confer those blessings which spring from a well-regulated Police, calculated to extend a species of protection[167] to the inhabitants of this great Metropolis, which has never been heretofore experienced:--it can scarcely fail to be a matter of general satisfaction to know that the Select Committee of the House of Commons on Finance, have strongly recommended to Parliament a System of Police, similar to that which had been submitted to the consideration of the Public in the former editions of this Work.

[Footnote 167: In mentioning what regards the protection of the Metropolis, with the inefficiency of the existing Civil Force in Constables, it is impossible to overlook those eminent advantages which have arisen from the excellent institutions of the Honourable Artillery Company, the Light Horse Volunteers, and the other associated Corps, who have so nobly stood forth in the hour of danger to support the deficient Police of the Country.

To these Patriotic individuals, the inhabitants of the Metropolis are under infinite obligations.

Regardless of their own _ease_, _convenience_, _interest_, or _personal safety_, the members of these public-spirited associations have ever stood forward in the hour of tumult and disorder gratuitously, and at their own expence, for the protection of their Fellow-citizens, and for the preservation of the Public peace.

The assistance they have, on every occasion, afforded the civil power, and the sacrifices of valuable time which they have made, at the risk of health, and under circumstances where they were compelled to forego that ease and comfort, which, in many instances, from their opulence and rank in life, are attached to their particular situations--it is to be hoped will never be forgotten by a grateful Public.]

In order that improvements, sanctioned by such high authority, and the adoption of which are so important to the best interests of Society, may be fully explained and elucidated; a detail of the measures, which have been recommended, with general observations on the proposed System, are reserved for the ensuing Chapter.

CHAP. XVIII.

_The System of Police recommended by the Select Committee on
Finance explained.--A proposition to consolidate the two
Boards of Hawkers and Pedlars, and Hackney Coaches, into a
Board of Police Revenue.--The whole Revenues of Police from
Fees, Penalties, and Licence Duties, to make a common
Fund.--Accounts to be audited.--Magistrates to distribute
small Rewards.--A power to the Board to make Bye-Laws.--A
concurrent jurisdiction recommended--also the Penitentiary
House for reforming Convicts.--Other measures proposed after
the Board is established--namely, a Public Prosecutor for
the Crown--A Register of Lodging Houses--The establishment
of a Police Gazette.--Two leading objects to be
attained--The prevention of Crimes: and raising a Revenue
for Police purposes.--The enumeration of the Dealers who are
proposed to be Licenced.--A General View of the annual
expence of the present Police System. Observations on the
effect of the System recommended by the Finance Committee,
with respect to the Morals and Finances of the
Country.--Suggestions respecting a chain of connection with
Magistrates in the Country, and the mode of effecting
it.--Licences to be granted by select Magistrates in the
Country, and by the Central Board in London and the
neighbourhood.--The Functions of the proposed Board
explained.--Specifications of the Trades to be regulated and
Licenced.--General Reflections on the advantages likely to
result from the adoption of the plan recommended by the
Finance Committee.--Concluding Observations._

Impressed with a deep sense of the utility of investigating the nature of the Police System, the Select Committee of the House of Commons on Finance turned their attention to this, among many other important objects in the Session of the year 1798; and, after a laborious investigation which occupied several months, (during which period the Author of this Treatise underwent several examinations),[168] they made their _final Report_--in which, after stating it as their opinion, "that the general tendency of our oeconomical arrangements upon this subject is ill calculated to meet the accumulating burdens, which are the infallible result of so much error in our System of Police"--they recommended it to Parliament to reduce or consolidate "the two offices of Hawkers and Pedlars, and Hackney Coaches, into a Board of Police Revenue, under the direction of a competent number of Commissioners, with such Salaries as should bid fair to engage talents adequate to the situation, and as should be sufficient to command the whole exertion of those talents.--That the Receiver of the Police offices, should be the Receiver-General of the funds proposed to be collected by this Board.--That the superintendence of aliens should form a part of its business.--That the fees and penalties received at the several offices of Police, together with the Licence-duties and penalties, if any, which shall be in the collection of this consolidated Board, shall make one common fund, out of which all salaries and expences of the several offices of Police should be defrayed, as well as all those of the Consolidated Board, and that all payments whatever should be made by the Receiver, under the sanction of this Board, subject to the approbation of the Lords Commissioners of his Majesty's Treasury.--That the accounts of the Receiver should be audited and signed by the Board before being delivered to the Treasury, or the office for auditing accounts.--That the balances in the hands of the Receiver, after retaining what may be sufficient for current expences, should be paid into the Exchequer at frequent and fixed periods.--That Magistrates of Police should be impowered to distribute small rewards to Constables or others, for meritorious services, to be paid by the Revenue, after receiving the sanction of the Board: And further, that the Board should have power to make Bye-laws, for the regulation of such Minor Objects of Police as relate to the objects of their superintendence, and to the control of all Coaches, Chairs, Carts, Barrows, and the conduct of all Coachmen, Chairmen, Carters, &c. and the removal and prevention of annoyances, and the correction of all offences against the cleanliness, the quiet, and the free passage of the Streets of the Metropolis, similar to the powers now possessed by the Commissioners of Hackney Coaches, and subject in like manner to the approbation of the Superior Judges in the Courts in Westminster-Hall."--The Committee further recommend that two additional Police Offices should be established in the City of London, consisting each of three Magistrates, to be named by the Lord Mayor and Aldermen, and paid out of the General funds, and to have Commissions from the Crown, extending over the whole Metropolis, and the Counties of Middlesex, Kent, Essex, and Surry; and that the Commissions of the Magistrates of the other eight Offices should extend in like manner over the whole Metropolis, and the four above-mentioned Counties.[169] And finally, the Committee recommend that no time should be lost in carrying into effect the Plan and Proposal of Jeremiah Bentham, Esq. for employing and reforming Convicts, as a measure which bids fairer than any other that was offered to the Public, to diminish the Public expenditure in this branch, and to produce a salutary Reform in the object of the proposed Institution.

[Footnote 168: See Appendix to the 28th Report of the Committee.]

[Footnote 169: It is not proposed in the Bill, now in preparation, hereafter stated, to introduce any thing respecting the City of London, unless the consent of the Lord-Mayor, Aldermen, and Common-Council, shall be previously obtained.]

Other measures are stated by this Committee as well calculated to facilitate the means of detection and conviction of Offenders, and to reduce the expence which is now borne by the Public, or sustained by private Individuals, in the maintenance of a very inefficient Police; while they seem calculated to lessen the growing Calendars of Delinquency, but which may be better matured after the consolidation of the Offices here proposed shall have taken place.--"Such as the appointment of Counsel for the Crown, with moderate Salaries, to conduct all Criminal Prosecutions, and rendering the Solicitor to the Board useful, either in such Prosecutions as any of the Public Officers might find it necessary to institute; or in such Criminal Prosecutions at the suit of Individuals, as the Public Justice of the Country should render expedient.--Such as a Register of Lodging-houses in the Metropolis.--Such as the establishment of a Police Gazette, to be circulated at a low price, and furnished gratis to all persons under the superintendence of the Board; who shall pay a licence duty to a certain amount: And such also as an Annual Report of the state of the Police of the Country."

In considering this Report in general, it is no slight gratification to the Author of this Treatise, to discover that all the great features of his original design for giving to Police its genuine character, unmixed with those judicial Powers which lead to punishment, and properly belong to Magistracy alone, have been sanctioned by such high authority.

In taking a general view not only of what is specifically recommended by the Select Committee of the House of Commons; but also of the Report itself, two leading objects appear to be in contemplation, namely--

1st. The prevention of crimes and misdemeanors, by bringing
under regulations a variety of dangerous and suspicious
trades;[170] the uncontrolled exercise of which by persons
of loose conduct, is known to contribute in a very high
degree to the concealment, and by that means to the
encouragement and multiplication of crimes.

[Footnote 170: The Trades alluded to are these
following,--vide Appendix (C) 28th Report of Select
Committee of the House of Commons on Finance, page 45, 46,
and 47.

_New Revenues._

1. Wholesale and Retail Dealers in old Naval Stores,
Hand-stuff, and Rags.

2. Dealers in second-hand wearing Apparel, Stationary and
Itinerant.

3. Dealers in old Iron and other Metals, &c.

4. Founders and others using Crucibles.

5. Persons using Draught and Truck Carts for conveying
Stores, Rags, and Metals.

6. Persons Licenced to slaughter horses.

7. Persons keeping Livery Stables, and letting Horses for
hire.

8. Auctioneers, who hold periodical or diurnal Sales.

_Existing Revenues proposed to be transferred with a view to
a more effectual control, and to an improved Finance._

9. Hackney Coaches and Chairs.

10. Hawkers and Pedlars.

11. Pawn Brokers.

12. Dealers in Horses.

N.B. The new Revenues are Estimated to yield L.64,000
The increase of the existing Revenues is stated at 19,467
--------
L.83,467
--------]

2d. To raise a moderate Revenue for Police purposes from the
persons who shall be thus controlled, by means of Licence
Duties, and otherwise so modified as not to operate as a
material burden; while a confident hope is entertained, that
the amount of this revenue will go a considerable length in
relieving the finances of the country, of the expences at
present incurred for objects of Police, and that, in the
effect of the general System, a considerable saving will
arise, in consequence of the expected diminution of crimes,
particularly as the chief part of the expence appears to
arise after delinquents are convicted.[171]

[Footnote 171: The amount of the general expence of the Criminal Police of the Kingdom as stated by the Committee on Finance in their 28th Report is as follows:

1st. The annual average of the total expence
of the Seven Public Offices in the Metropolis,
from the institution in August
1792 to the end of the year 1797, being
a period of 5-1/2 years L.18,281 18 6

2d. The total expence of the Office at Bow-street,
in the year 1797, including remunerations
to the Magistrates in lieu
of fees, perquisites, and special services,
and the expence of the patrole of 68
persons 7,901 7 7
-------------
Total expence for the Metropolis 26,183 6 1

3d. The money paid to the several Sheriffs for
the conviction of Felons in 1797 9,650 0 0

4th. The expence of maintaining
Convicts on board
the Hulks, (exclusive
of 415 under Sentence
of Transportation in
the different gaols),
amounted in 1797 to L.32,080 0 0