Chapter XXI: Act 32: Geo. III. cap. 53. and continued for 5 years by 36 (4)
II. THE PREVENTION OF OFFENCES; and first of those denominated _Misdemeanors_; such as Cheating and Swindling; Robbing Orchards; Petty Assaults, and Perjury.--Next of Counterfeit Coinage; River Plunder; Plunder in Dock-yards, &c. Lastly, of the Prevention of Crimes in general, under _twelve_ different heads, specifying the Remedies proposed on this subject in the course of the Work.
III. AMENDMENT OF THE EXISTING LAWS; respecting the obtaining _Goods_ and _Chattles_ under false pretences--Pawnbrokers--Forgeries--Receiving Stolen Goods--Arson--Lodgers--Registering Lodging Houses--Plunder on Houses--Gypsies--Milk--Speedy Trial of Offences committed within five Miles of the Metropolis--Imprisonment for Debt, and Recovery of Debts under 50_l._
CONCLUDING OBSERVATIONS.
SUMMARY VIEW
OF THE
_REMEDIES PROPOSED._
THE First Step to all improvements in Civil Society is that which relates to the _Morals of the People_.--While in the higher and middle ranks of life a vast portion of Virtue and Philanthropy is manifested, perhaps in a greater degree than is to be found in any Country or Nation in the World, it is much to be lamented, that among the lower Classes a species of profligacy and improvidence prevails, which as it applies to the Metropolis of the Empire, is certainly not exceeded in any other Capital in Europe.--To this source may be traced the great extent and increasing multiplication of Crimes, insensibly generating evils calculated, ultimately, to sap the foundation of the State.
The grand object, therefore, must be to devise means for the purpose of checking, and gradually preventing the evils arising from the
CORRUPTION OF MORALS.
To effect so valuable a purpose to the Community at large--to render the labour of the lower orders of the people more productive to themselves, and more beneficial to the Nation, recourse must be had to that superintending System of _preventive Police_ which has been recommended generally by the Select Committee of the House of Commons, and which has been particularly detailed in the 18th Chapter of this Treatise.
It is thus by giving Police its true and genuine character, and divesting it of those judicial functions which are the province of Magistrates alone, that a proper line will be drawn between _Prevention_, and those proceedings which lead to _Punishment_ after an offence is actually committed. It is through this medium also that a change is to be effected in the Morals of the People, calculated to abridge the number of acts of delinquency, and to lead the perpetrators gradually into the walks of innocence, sobriety, and industry.--One of the first steps towards the attainment of these objects will be a Systematic attention to
PUBLIC-HOUSES.
In the eleventh Chapter of this Work, the progress of the corruption of Morals through this medium, from the Infant to the Adult, is brought under the review of the Reader; and it is considered as of the highest importance that general and apposite rules for the proper conduct of those houses, now the haunts of vice and profligacy, should be formed and recommended by a Board of Police to the Magistrates acting in all the Licensing Divisions of the Country. The benefits arising from an uniform and well-digested System might thus be extended throughout the Country: and an accurate and permanent administration of this branch of Police secured, thro' the medium of a general _Center_, where responsibility should rest, and from which the Licensing Magistrates should receive _information_, _assistance_, and _support_, in whatever related to the proper regulation of Alehouses, particularly in the Metropolis and the surrounding Counties.
Regular reports of the number of these Alehouses in each Licensing District in proportion to the extent of population; and details of the effects produced by an adherence to the general Rules which may be prescribed, would lead to new and useful suggestions which must ultimately give a favourable turn to the manners of the lower classes of the people, not only with respect to the diminution of Crimes, but also with regard to their domestic Comforts.--They would be rendered more independent of Parochial aid; and above all, the education and habits of the rising generation would be easily improved--_Apprentices_ thus secured against the evil examples of which young minds are but too susceptible, would enter upon life with dispositions differently formed, and with that sort of bias which stimulates to industry and virtue, instead of idleness, profligacy, and vice.--In this, as in many other instances, the happiness and virtue of the individual are intimately combined with the best interests of the state.
Such prudent and discreet regulations would have a general tendency to make Public-houses what they were originally intended to be by the Legislature--_Places of mere refreshment_, and not haunts of idleness as at present.--The resource now afforded by them to actual _Thieves_, _Burglars_, _Pickpockets_, _Highwaymen_, _Swindlers_, _Cheats_, _Gamblers_, and _Dealers_ in _Counterfeit Money_, would not only be cut off, but those who have been accustomed to resort to these Houses from the temporary want of employment:--such as persons broke down by misfortune and indiscretion--servants out of place, and strangers resorting to the Metropolis, would no longer be assailed by those temptations which contribute in so great a degree to recruit the gangs of Criminal Depredators. Nothing but a well-regulated Police, under a proper System of Controul, can remedy those evils arising from Public-houses, and it is earnestly to be hoped, that the Functions proposed to be exercised by the Central Board of Police would effect this valuable purpose.
PUBLIC GARDENS.
The corruption of Morals has been in a considerable degree promoted, not only by the assemblage of lewd and debauched company who have of late years crowded to Public Gardens; but also by the unrestrained Licence which has been permitted in these places of amusement.--This circumstance has not only called upon the Magistrates to refuse the renewal of the Licenses to several of the Occupiers, Lessees, and Proprietors, but it has precluded the more decent and respectable part of the Public in the middle walks of life, from what might, under proper regulations, be considered as an innocent and a desirable recreation for the Inhabitants of an overgrown Metropolis.--Most of the remaining Public Gardens have of late years fallen into disrepute, to the injury of the Proprietors, who, under the present deficient System of Police, have no means of protecting themselves against the consequences of those irregularities which operate powerfully in diminishing the number of visitors, upon which their emolument depends.
While profligate and debauched characters of both Sexes find not only an easy access to these places of amusement, but also have permission to insult Public Morals, by doing violence to the rules of decency and decorum; it is evident that they must gradually cease to be desirable as a recreation to the virtuous part of the Community; and there appears to be no remedy but by means of _Police regulations_, prescribing proper rules, with Officers appointed by the Central Board, for the purpose of carrying them into effect.[191] Indeed, if such places of resort were licensed only by the proposed Central Board, it might be productive of the greatest advantages; and they might be a fair Source of Revenue for Police purposes, to a certain moderate extent.
[Footnote 191: See pages 345, 346, and 347.]
PLACES OF PUBLIC AMUSEMENT LICENSED BY MAGISTRATES.
The general concourse of loose and immoral characters of both Sexes who frequent the Summer Exhibitions, and the irregularities which are unavoidable under such circumstances, tend in no small degree to the corruption of Morals; and while it is admitted that such amusements are necessary in great Communities, it is of the utmost importance that they should not only be regulated by the Police, with respect to the nature of the _Spectacle_ or _Exhibition_, so as clearly to ascertain that it has no immoral tendency[192], but also that the utmost decorum should be preserved by means of proper Officers acting under the proposed Central Board.--This becomes the more important, as a large proportion of the frequenters of these places of amusement are of the middle and inferior ranks of life, and many of them very young and susceptible of loose impressions, which renders it highly necessary that authority should be vested only in the responsible Board of Police, to grant or to refuse Licenses: to which a moderate Revenue might be attached to defray the expence of a regulating System.
[Footnote 192: See page 348.]
THE THEATRES.
Without entering upon a discussion how far many of the Theatrical Exhibitions which are brought forward tend to improve, or to injure the Morals of the People--it is, at least, evident that the unrestrained License which is permitted to Males and Females in the walks of Prostitution in the Lobbies, and even in the Boxes of the Playhouses, and the indecent behaviour and unbecoming language which is frequently uttered in the view and hearing of the respectable part of the Community who frequent these places of resort, with the younger branches of their families, must tend in no inconsiderable degree to the corruption of Morals.[193] It is, therefore, suggested that a Police, applicable to this object, should be formed by the proposed Central Board; and also for the purpose of effectually securing the Public against the attacks and depredations of the hordes of Pickpockets who infest the avenues of the Theatres, and have long been a reproach to the Police of the Metropolis.
[Footnote 193: See page 338.]
IMMORAL AND INDECENT PUBLICATIONS, AND PRINTS.
Nothing can exhibit in a stronger point of view the deficiency of the Police System than the number of immoral Books which are published and circulated, and the indecent Prints which are exhibited and sold in the various streets of the Metropolis, all tending in no inconsiderable degree to the corruption of Morals.--Let it once become a part of the Functions of the proposed Board of Police to take cognizance of these abuses, and they will soon cease to convey that poison to young minds, which ultimately leads to dissolute manners and loose conduct in the general intercourse of life.
BALLAD-SINGERS.
Since it has never been possible, under the existing Laws, to suppress the herd of Ballad-Singers which are to be found in such multitudes in every part of the Metropolis, and, indeed, in all the large Towns in the Kingdom: and which at present are under the controul of a very feeble Police, which does not, and indeed cannot, restrain effectually the immoral, and often seditious tendency of the Songs sung to the listening multitude--Why might not this lowest cast of amusement be turned to good purposes, tending to counteract and prevent the corruption of Morals, which are at present generated through this medium? Under a responsible Board of Police such an object is certainly attainable[194] and the present state of things points out the policy and necessity of carrying it into effect.
[Footnote 194: See page 349.]
FEMALE SEDUCTION.
In contemplating the excessive evils, and the dreadful consequences which result from Female Seduction, whether it applies to married or single women,[195] it would seem to be a matter of astonishment that no punishment has been inflicted by the criminal Law, by which the destroyers of innocence, and of the peace of families, could be held up as public examples of infamy.--A corporal punishment, accompanied with circumstances of obloquy and disgrace, is certainly not too severe where a delinquent plunges a Female (whether married or single) into a situation, in most instances, worse than death itself; since when abandoned by her Seducer, she is not only exposed to the reproach and contumely of the World, but subjected to herd with the phalanx of Prostitutes who contribute so much to the corruption of Morals, and where the miserable victim may be said to die, perhaps, _a thousand deaths_ before her actual dissolution.--Surely an offence producing such dreadful consequences should, as a mean of prevention, be marked not only as an object of _Criminal Punishment_, but of _pecuniary retribution_ to _the injured party_.--Were such a law in force, the numerous instances of Female Seduction would be greatly diminished; while the injured woman, under such unhappy circumstances, might, after the Conviction of a Jury, have a fair prospect of being again restored to her friends, and, perhaps, to Society.
[Footnote 195: See pages 33, and 34.]
FEMALE PROSTITUTION.
In the 12th Chapter of this Treatise,[196] a general view is given of the shocking corruption of Morals, which is generated by the vast increase of common Prostitutes in the Metropolis.--It now becomes necessary to explain the specific remedies which the Author had in view for the purpose of lessening this enormous and afflicting evil.
[Footnote 196: See pages 333 to 345.]
Its magnitude, and the wrongs that result from it, are too vast and extensive to admit of any common remedy.--The excellent Institution of the Magdalen Hospital in the course of 40 years, has only been able to reform or reconcile to their friends 2,217, out of 3,250 who have been actually admitted within that period--and even some of these have relapsed into their former errors: though others, who have been discharged at their own request, have behaved well.
But when a survey is taken of the aggregate number of unhappy women who have entered the walks of Prostitution within the last 40 years in the Metropolis, succeeding one another perhaps, every 13 years upon an average, it is probable that from 80 to 100,000 have passed through a miserable life, the irreclaimable victims to this debasing turpitude, without the means of rescuing themselves from a situation so pitiable and calamitous.
The fact is, that the evil is of too great a magnitude to admit of a cure through the medium of private benevolence.--Relief without _reform_, and _reputable employment_, or reconciliation to relations, will do nothing towards a diminution of the evil.--It will require an extensive System and a corresponding expence, which can only be compassed by a Police applicable to this particular object, aided by appropriate regulations.
After the maturest consideration of the subject, the Author ventures to offer the following Propositions as the most likely, in the first instance, to excite a desire in many of those unhappy women to alter their degrading course of life, and to facilitate their introduction into situations, where, through the medium of a reconciliation with their friends, or otherwise, at least a considerable part might be restored to Society who are lost at present; while, under the regulations hereafter proposed, the streets of the Metropolis will no longer hold out allurements to vice and debauchery, ruinous to the Morals of youth, and disgraceful to the Police of the Metropolis.
1st. It is proposed, with a view to prevent common
Prostitutes from walking the streets to assail passengers,
and promote the Seduction of Youth, that a Select Body of
discreet Officers should be appointed, under the direction
of the Central Board, who should apprehend all who can be
clearly ascertained to be in pursuit of objects of
Prostitution.--That each should be conveyed to their
respective homes, and when the Landlord's name, or the
person to whom they pay rent or lodging, is by that means
ascertained; that such person's name and place of abode, and
the names of his or her lodgers be registered, and a penalty
of 10_s._ for the first, and an advance of 5_s._ more for
every additional offence, be inflicted on each hirer of
Board or Lodgings for every Female apprehended in the
Streets, upon proper proof of an overt-act leading to
Prostitution.
In all cases where Prostitutes refuse to discover their real
place of abode, they shall be detained in a house to be
provided for their reception until such discovery be made.
2d. That every male person who shall be proved to have made,
or to have accepted, overtures from any Female walking the
Streets, shall in like manner be apprehended, and shall give
security for his appearance before a Magistrate next day, or
be detained in the Watch-house, and shall, on conviction,
forfeit and pay a penalty of _Twenty Shillings_.
3d. That for the purpose of holding out encouragement to
that class of unfortunate Females who have been abandoned by
their Seducers, and whose minds are not yet debased by an
indiscriminate intercourse of Prostitution; and also such
others as may have friends likely to assist them, _Twelve_
or more _sensible and discreet Matrons_ shall be appointed,
under the Board of Police, with a moderate Salary, and
residing (with proper accommodation) in different parts of
the Town, on whom it shall be incumbent to receive into
their houses, and to provide a temporary residence for every
unfortunate Female who may apply, for the purpose of stating
her case, with a view to a reconciliation with her friends,
and to the exposure of her Seducer, as a check upon such
acts of villainy hereafter.--That it shall be the duty of
the Matron, after being mistress of the whole case, to open
a negociation with the nearest relations or friends of the
unfortunate Female, and to use every means to effect a
reconciliation; or where that is found impracticable, to
endeavour to procure her some reputable employment.
And as an encouragement to such Matrons, to use all
diligence in promoting the object in view, they shall be
entituled to a certain premium from the Police funds,
(independent of what private Societies of benevolent
Individuals may be induced to bestow,) for every unfortunate
Female who shall be thus rescued from the walks of
Prostitution: to be paid at the end of 12 months, in case
such Female shall then be in society with her relations, or
in some reputable employment, and shall not have relapsed
into her former course of life.--That these Matrons shall be
distinguished for talents and humanity, and shall be capable
of exercising such powers as could, in other instances, be
employed to promote reconciliation with relations and
friends; and also to devise employments by which the
unfortunate persons, _ad interim_, under their care should
be able to subsist, by taking in _Military Shirts_,
_Slop-work_, and other branches of Female labour; to procure
which, it is not doubted, but Societies of benevolent
Individuals would contribute their aid, so as to secure, at
all times, the means of full employment for all the various
applicants in succession.
In so noble a work of humanity, especially when it is
understood that the labour of the Matrons would be
remunerated by such a moderate Salary, as might be an object
to many deserving well-educated women, little doubt can be
entertained of there being many Candidates for such
Situations, who, from having no family, would be perfectly
competent to the execution of so benevolent a design.
4th. That with a view to the reformation of Prostitutes who
have no relations or friends, or in cases where a
reconciliation is hopeless, and who may be disposed to
abandon their evil courses, _Houses of Industry_ shall be
provided in different parts of the Town, with large Kitchens
for the purpose of preparing wholesome and nourishing food
at a cheap rate, into which all who apply for an asylum will
be received; on condition that a true and faithful account
of the various circumstances of their lives shall be given,
and that they agree not only to submit to the discipline of
the Establishment, but also to perform such labour as shall
be assigned them for their subsistence, lodging and apparel.
That these _Houses of Industry_ shall also be superintended
by _discreet Matrons_, who shall receive a moderate Salary,
and a certain portion of the profit, arising from the work
done, and a premium for every Female restored to Society,
or to their friends by their means; and in honest employment
or living with relations, for the space of 12 months, in
addition to such other premiums as benevolent Societies of
Individuals may choose to bestow, in consequence of the
impression made on their minds of the utility of such
Establishments, and the success which may appear to attend
them.
5th. That all the laws now in being against Prostitution,
and against the Keepers of Brothels, shall remain in full
force; with this alteration only, that instead of proceeding
against Offenders in the latter case, by the difficult,
expensive, and circuitous mode of Presentment and
Indictment, which has heretofore proved so ineffectual, the
proceedings shall be _summary_ before two Magistrates, as in
Lottery and other offences, and the Delinquents if convicted
shall be subject to immediate punishment.
These are the regulations which the Author would humbly propose, as a mean [Transcriber's Note: means] of preventing the disasters and miseries which arise from Seduction, and of diminishing the number of Prostitutes in this great Metropolis.--Perhaps, after the experiment is tried of the House of Industry, it might be expedient to convert the whole into a large Penitentiary House, where only unfortunate women should be admitted.--The suggestions which are now offered, appear to be not only easy with respect to their execution, but likely to be compassed at a moderate expence.--They are, however, to be considered as mere outlines of a practicable design, which should certainly precede the removal of the unfortunate Females from the Streets, as humanity points out the necessity of offering them asylums: since by suddenly abridging their present resources, however iniquitous and reprehensible they may be, without such asylums, it would certainly be the means of many of them perishing for want.
The object to be attained is of vast importance; but it is too unwieldy for the efforts of private benevolence, and certainly cannot be accomplished through any other medium than that of _Public Institutions_, under the protection of a Superintending Police.
MENIAL SERVANTS.
Among the various evils, which, in the present state of Society, tend to the corruption of Morals, the state and condition of Menial Servants, Male and Female, are none of the least; particularly those who are out of place, and who swarm in multitudes, idle and unemployed, at all times in this great Metropolis.--This is chiefly to be attributed to the want of those legal restraints and punishments for improper behaviour, which apply to other classes of labourers.
Such regulations, independent of infinite advantages which must, in other respects, arise to the Community, would be _an act of great humanity to the Individuals_ who compose this class; since they would check, or in most instances prevent, those indiscretions which are the result of being under no controul, and by restraining the influence of ungovernable and ill-regulated passions, would produce that degree of steadiness which is the characteristic of a good Servant; and of course the constant disposition to shift about would not be felt, while they would be rescued from the vices which are generated at those intervals of idleness, when Servants, Male and Female, out of place, are exposed to every species of Seduction, till at length, by loss of character, they too frequently become Thieves and Prostitutes.[197]
[Footnote 197: It is calculated that there are seldom less than Ten Thousand Servants of both Sexes, at all times out of place in the Metropolis. This shews, in strong colours, the importance of the regulations which are proposed.]
It would certainly promote in an eminent degree the cause of Morality, if the whole Laws respecting Servants of every description were revised, and accommodated in a greater degree to the present state of Society. Some of them might perhaps be stript of their severity; while the penalties or breaches of moral duty, and a refusal to fulfil a civil contract, or Conspiracies and Associations for mischievious purposes, ought certainly to apply to menial Servants, in the same manner as to Servants in Husbandry, Handicrafts and Labourers. A general exclusive Register of Servants out of place, under the inspection of an appropriate branch of the general Police System, would also have an excellent effect in bringing to light the evil pursuits of bad Servants; while it operated favourably to those who were deserving of confidence. Much might be done through this medium, favourable both to the interest of the Master and Servants; and this with many other benefits are to be attained, by means of a Superintending System of Police. In no other way can it be effected.[198]
[Footnote 198: See page 150.]
THE LOTTERY.
In spite of the persevering efforts of Government, who incur a great annual expence[199] for the purpose of restraining the baneful effects of illegal Insurances among the lower classes of the people, the evil still continues; _its consequences are lamentable_, for the delusion of this infatuation tends, in a very eminent degree, to the corruption of morals, producing scenes of distress, by which thousands suddenly descend from a state of comfort to extreme indigence.--In the 6th Chapter of this Treatise, a general view is given of the effects of this contagion, and various remedies are proposed, which, under the conduct of a Board of Police, would certainly be effectual; while the Revenue drawn from the sale of Tickets might certainly be preserved. In the mean time, the following are suggested as useful expedients:--
1st. That in every Parish and District in the Metropolis,
Masters, and heads of Families, should sign and publish an
engagement to discharge all Servants who shall be concerned
in Insurances in the Lottery; to be printed and hung up in
every Servants' Hall and Kitchen, that none might pretend
ignorance.
2d. That all Members of Friendly Societies, should, by a
regulation of their own, and enforced by Parliament, be
excluded from the benefits of such Societies, on being
convicted of any concern whatever in such Insurances.[200]
[Footnote 199: Said to be above Two Thousand pounds a year.]
[Footnote 200: See page 151 to 170.]
GAMING.
The magnitude and extent of the pernicious propensity to Gaming have at all times proved a prolific source from whence has sprung an extensive corruption of morals. The reader is referred to the 6th Chapter of this work for details, which will fully elucidate the baneful effects of this evil, in generating _Cheats, Swindlers and Sharpers of every description_. For the purpose of more effectually checking this mania, and the consequences which flow from it, it might be expedient to extend the Laws now in being respecting Lottery vagrants, _to the Proprietors or Keepers of Gaming-Houses, and also to the Waiters, Servants and Assistants, who, on being apprehended, should, on proper proof, be punished as rogues and vagabonds_.--It is, however, by the operation of the General Police System, that this and other evils are to be checked or remedied.
THE LOWER CLASSES OF THE JEWS.
Nothing would be more desirable than the adoption of some effectual plan, through the medium of the opulent and respectable individuals of the Jewish persuasion, whether of the Dutch or Portuguese Synagogues, by which the lower classes, particularly of the German Jews, might be regularly trained to some useful employment, since their present pursuits not only tend, in an eminent degree, to the corruption of Morals, but also to the commission of Crimes; and under circumstances, where the necessity of the case imperiously calls for a remedy, Legislative regulations might be resorted to; which might not only better the condition of this miserable class of the community, by compelling parents to bind their children to some employment, but also render them useful, instead of being too generally noxious members of the Body Politic,[201] from the idle and useless pursuits in which they are engaged.
[Footnote 201: See pages 319 to 323, Chap. 11th.]
INDIGENCE AND BEGGARY.
The various causes which produce Indigence in the Metropolis, discoverable through the medium of Beggary or Idleness, tend, in an eminent degree, to the corruption of Morals, and the consequent increase of Crimes.--In the 13th Chapter of this Treatise this subject is examined, and _a remedy proposed_, through the medium of a _Pauper Police_, for the purpose of examining into the circumstances of the numerous class of individuals who have no parochial settlements in the Metropolis, or perhaps in any part of England, and are, from that circumstance, denominated _Casual Poor_.--There could not be a greater act of humanity to these often afflicted, and sometimes oppressed individuals, or of greater utility to the Public at large, than the establishment of a System whereby the most deserving could be propt up, rescued from despondency, and enabled to help themselves; while by discriminating between the _virtuous_ and _vicious_ poor, a proper line might be drawn, and the streets of the Metropolis freed from the multitude of Beggars, without doing violence to humanity.[202]
[Footnote 202: See pages 351 to 380.]
Various other causes might be assigned for the general corruption of Morals, which has in so great a degree increased the calendars of delinquency.--Among these might be mentioned _Smuggling_, or illicit Trade; the evil examples arising from an indiscriminate _mixture in Workhouses_ and Prisons; the profligate examples of parents, and the want of religious and moral education, so universal among the children of the labouring people.--And the too frequent cohabitation without marriage among the lowest classes of the Community. These, like other evils, which have been more particularly detailed, are objects to which the proposed Police System would gradually attach, and through which preventive medium the Public are to expect those ameliorating designs, which are to secure the privileges of innocence, and better the condition of Society.
PREVENTION OF OFFENCES.
_MISDEMEANORS_.
CHEATING AND SWINDLING.
The 5th Chapter of this Treatise developes the extensive mischiefs and evils which arise from the phalanx of Cheats and Swindlers who infest the Metropolis.--There appear to be two remedies, namely--
1st. To look accurately at the evil in all its branches, and
then to improve the two Statutes now in being[203] by
framing an act of Parliament that would include all the
various cases which have been shown to have occurred, where
the barrier of common honesty is broken down.--These cases
are detailed from page 115 to 132.
[Footnote 203: 33 Henry VIII. cap. 1. and 30 Geo. II. cap.
24.]
2d. The Establishment of a Board of Police on the plan
detailed in the 18th Chapter of this Work, with functions
calculated to check and prevent this evil, by giving to
Police the full energy of the Law.
STEALING FRUIT FROM ORCHARDS, &C.
This offence is only punishable by the act of 43 Eliz. c. 7. by compelling the party to refund the value of the fruit stolen, or in default suffer the punishment of whipping, which never takes place, as the small value of the fruit detected is always paid. It is probable at that early period Fruit was not a species of property of much consequence.--The case is, however, different at the present time, and surely it would not be thought too severe to place this offence on the same footing as stealing Cabbages, Turnips, &c.
ASSAULT AND BATTERY.
It would seem to be a great improvement in the Police, if Magistrates in Petty Sessions had a power finally to determine on offences denominated Assaults--Subject, however, to an appeal to the Quarter Sessions.--It would even be an act of humanity to the labouring people, who are often imprisoned from the time of the charge till the Sessions, when a confinement of a shorter duration might atone for the offence.--It would likewise save much trouble and expences to the parties, and the time and attention of Courts and Juries would not be wasted by matters extremely frivolous; but by which a certain expence is incurred, and a loss of valuable time to the parties, who are not seldom both in the wrong.
PERJURY.
This shocking offence, particularly prevalent among the inferior ranks in Society, is to be attributed in no small degree to the want of proper _solemnity_ and previous explanation on the administration of oaths.--Nothing can exceed the unimpressive and careless manner which is in practice in calling upon witnesses to make _this solemn appeal to the Supreme Being_.--It would seem highly necessary that all oaths should be administered in the most impressive manner by the Judge, and that a form should be devised, calculated in the greatest possible degree, to impress upon the mind of the party a high sense of the obligation he or she has come under to speak the truth.
On the whole, it may be asserted that nothing could tend to improve the Police of the Country and the Metropolis more than a general revision of the Laws respecting Misdemeanors, and particularly the Act of the 17 Geo. II. cap. 5. and subsequent Acts respecting vagrants, and rogues and vagabonds; so as to assimilate them in a greater degree to the present state of Society, and to render their execution more certain and beneficial to the Community.
PREVENTION OF THE COINAGE OF BASE MONEY.
In the 7th Chapter of this Work, the various modes in practice, by which the Public is defrauded by the coining, fabricating, and colouring of Base Money are fully developed, and specific Remedies proposed from page 195 to 210, to which the Reader is referred.
A confident hope is entertained, that those Remedies will speedily be brought under the consideration of Parliament, in the form of a Bill.--If this should be passed into a Law, and accompanied by a new Coinage of Silver, and aided by the energy of an appropriate Police, little doubt can be entertained of the measure being effectual in securing the Public against the enormous evil of Counterfeit Coin.
PREVENTION OF PILLAGE AND PLUNDER ON THE RIVER THAMES.
The 8th Chapter of this Treatise displays not only the immense importance of controlling the evil habits of aquatic labourers and others on the River Thames and in the Warehouses adjacent; but also the advantages to be expected _from a general Police System_; reasoning on the extensive success which has attended the partial experiment on the same principle _of vigilance_ applied to this object.
The extensive benefits which are known and acknowledged to have been derived from the _Marine Police_ (even under all the disadvantages of a _Crippled System_ and _Deficient Powers_) joined to a review of the state of the River _before_ and _since_ this important measure was adopted, afford the best proof that can be adduced of its utility; and also of the indispensable necessity, not only of immediately perfecting a System, by which the Commerce and Revenue of the Port of London have been in so great a degree secured; but also of extending the same beneficial designs, wherever the state of things require a similar antidote.
It remains only for the Legislature to pass a Bill which has been prepared, grounded on more than a year's experience of the powers and regulations requisite for the purpose of giving full effect and permanency to this important Establishment, in order to secure to the Commerce and Revenue of the River Thames, those advantages which will arise from the Preservation of Property against the numerous and unexampled Depredations to which it was exposed; and the Revenue of the Crown from many frauds which arose not only from the loss of the Duties of Customs and Excise on goods plundered, but also from an extensive illicit trade, which has been controlled and prevented by the known vigilance of the River Guards, particularly during the night.
If to those advantages shall be added an increase of Salaries to the inferior Officers of the Customs and Excise employed on the River, the renovated morals and improved habits of multitudes heretofore deeply implicated in a species of turpitude, hurtful in the extreme to the Public interest, will become no less a matter of triumph than advantage to the Government of the Country. Every individual concerned in the Commerce of the Port, will rejoice to see so useful an Institution supported and rendered permanent by that Legislative Aid, upon which its ultimate success must in a great measure depend.
An evil of unexampled magnitude existed, for which an effectual remedy has been found:--not in _Speculation_, but proved in _Practice_ to answer the purposes of _future security_.
Let the Legislature, therefore, avail itself of the measures which are proposed, by which incalculable benefits will be extended both to the _Commerce_, _Revenue_, and _Police_ of the Port of London, especially when strengthened and invigorated by a Central Board.
PREVENTION OF PLUNDER OF PUBLIC STORES: IN SHIPS OF WAR, DOCK-YARDS, &C.
The collateral Influence of the Marine Police System, in checking in an eminent degree, the Embezzlements and Pillage of his Majesty's Stores in Ships and Public Arsenals, within the limits of its Jurisdiction, is the strongest proof which can be adduced of what may be expected by applying a similar System to all the Dock-yards in the Kingdom. In the 9th Chapter of this Treatise, the _Evils_ and the _Remedies_ are so minutely detailed as to render a reference only necessary to pages 264 to 287.--If the measures there suggested shall be adopted by the Legislature and the Lords of the Admiralty, little doubt can be entertained of complete success in securing the Public Property (_unparalleled in point of extent in any nation in the world_)[204] against those Frauds and Depredations to which it has heretofore been exposed to a very large amount annually.
[Footnote 204: The floating Public Property is estimated, including Ships of War, Naval, Victualing, Ordnance and Military Stores, in time of War at upwards of Forty Millions sterling.]
PREVENTION OF CRIMES IN GENERAL.
It has been demonstrated in the course of this Work, that the more atrocious offences of Highway and Footpad Robberies, Burglaries, and other acts of Felony[205] may be greatly diminished, if not nearly annihilated by improved Laws and a responsible Agency, through the medium of a well-regulated Board of Police to carry those Laws into effect.
[Footnote 205: See Chapters III. and IV.]
It must, however, be obvious to the Reader, from what has been repeatedly stated, that it is not by any _single regulation_, nor by any portion of civil strength, however well it may be systematized, that this desirable object is to be effected.
Success in any material degree is only to be expected from a _combination of the various controlling regulations which have been proposed, with a vigorous and energetic civil force_, and a correct and pointed execution of the Laws and Regulations, upon which the Preventive System is founded.--These _Regulations_ may be summed up under the following heads:
1st. The adoption of eight propositions contained in the
10th Chapter, pages 303 to 307, relative to _the Receivers
of Stolen Goods, &c._
2d. An improved mode of granting rewards to Officers of
Justice and others, for meritorious services, in the
detection and conviction of Offenders--as elucidated and
explained in Chapter XIV. pages 390 to 396.
3d. An improved and modernized System, with respect to
Parochial Constables, so as to restore to the Community the
original efficacy of this useful Institution--as explained
in Chapter XIV. pages 401 to 410.
4th. An improved System also, with respect to Watchmen and
Patroles--with a view to render this branch of the Police
_efficient_, and to insure to the Public, that vigilance and
protection to which the expence they incur justly intitles
them.
5th. An extension of the Jurisdiction of the City
Magistrates, over the whole of the Metropolis and the four
adjoining Counties, and a power to Police Magistrates to
issue Search Warrants, and to follow and apprehend persons
charged with offences, who take shelter within the limits of
the City of London--as explained in Chapter XIV. pages 418
to 420.
6th. The appointment of a Prosecutor for the Crown to
obviate the difficulties which occur at present in bringing
Offenders to Justice; and which is elucidated and explained
in the 15th Chapter, particularly in pages 426 to 432.
7th. The Establishment of certain general Rules and
Conditions, according to which the Royal Mercy might be
extended to Offenders, on terms beneficial to themselves and
to the Community--as explained in the 16th Chapter, pages
450 to 452.
8th. An improved System with respect to the Punishment of
Convicts, by means of Penitentiary Establishments,
calculated to insure the reformation of Felons, and to
render this class useful afterwards to the Community--as
explained in the 16th Chapter, pages 481 to 494, and 497 to
500.
9th. General Rules laid down with respect to different modes
of Punishment, under six heads, page 495 to 497, with an
immediate view to render them more useful in the Prevention
of Crimes.
10th. An improved System of Police, aided by competent
Funds, and an extension of the Police Establishments, under
the 32 Geo. III. (1792) to the City of London--as explained
in Chap. XVII. pages 509 and 514 to 523.
11th. By the adoption of the General System of Police,
recommended by the Select Committee of the House of Commons,
and explained in Chapter XVIII.--By licensing and regulating
certain dangerous and suspicious Trades therein specified;
and by raising a Revenue for Police purposes, from persons
who shall be thus controlled.--See pages 536 to 546.
12th. By the Establishment of a Board of Police Revenue, who
shall exercise the specific Functions detailed and explained
in Chapter XVIII. pages 546 to 559: and finally, by an Act
of Parliament, authorising such a system, the heads of which
and the elucidating observations are also specified in pages
560 to 564.
Let these measures only be adopted by the Legislature, not by _piece-meal_, but _in the gross_; and little doubt need be entertained of the most beneficial effects being experienced by the innocent part of the Community, whose privileges will be extended, in proportion as the Licence which an imperfect Police afforded to Robberies, Burglaries, and other acts of violence on the person and property of the peaceful subject is abridged.
The General Police, and the powers of making it effectual, will then be a charge committed to responsible Agents; whose duty it will be to penetrate into all its mazes, and to accomplish its purposes by a variety of Regulations, all tending to embarrass, and to render difficult and hazardous, the pursuits and operations of Criminals.--Experience will suggest modifications, which, aided by competent funds, must in a short time attain that point which shall establish _Security_.--But this is not all--Without taking large sums (as at present) from the Revenue of the Country, the effect of the System will unquestionably be, to add to its resources in the diminution of the enormous expence now incurred in the punishment of Convicts;[206] and which still must continue a burden on the Finances of the Country, until the General Police System is fully (not partially) in activity.
[Footnote 206: See Chapter VI. page 430, where it is stated, that in 25 years about 15,000 Convicts have cost the Nation no less than 1,663,974_l._]
It will collaterally extend to every thing that can improve the Morals of the People, and better the condition of Human Life.--Its influence will be felt by giving vigour to the Systems proposed for checking all Misdemeanors, for securing Commercial Property, and also the Public Stores, from embezzlement and depredation; while the offences against the Mint Laws, under the new Regulations which are suggested, will tend much to the prevention of that enormous evil.
AMENDMENT OF THE EXISTING LAWS.
When in addition to the adoption of the foregoing measures, further improvements shall be made in the Laws now in force, or perhaps a general consolidation of the whole Criminal Code be effected, so as to render the System more simple, and in a greater degree applicable to the attainment of the ends of Public Justice, great indeed will be the blessings conferred on the Metropolis, and on the Nation at large.
The celebrated Lord Bacon denominated them almost two centuries ago, when they were much less voluminous, and infinitely more simple than at the present day--
"An heterogeneous mass, concocted too often on the spur of
the occasion, and frequently without that degree of
accuracy, which is the result of able and minute discussion,
or a due attention to the revision of the existing Laws."
But voluminous as they certainly are, many omissions are apparent, partly arising from the causes assigned by the able Lawyer whose strictures have been just quoted, and more particularly from the rapid changes, which Commerce and Property have made in the state of Society.
Among these, the following have occurred to the Author as highly deserving attention.--
1st. The Act of the 30 Geo. II. cap. 24. makes it a
transportable Misdemeanor, to obtain _Goods_ or _Chattels_
by false pretences.--But as _Horses_, _Cattle_, _Poultry_,
_Bank Notes_, _Bills of Exchange_, or _Notes of Hand_,
although equally objects of Fraud, are not deemed in Law to
be _Goods_ or _Chattels_, offences of equal, if not of
greater magnitude, are not within the meaning of the
Statute, and hence appears the necessity of an Amendment.
2d. The present Act relative to Pawnbrokers is extremely
deficient, and not only in several important points
ambiguous; but also inapplicable in a variety of instances
to the general views of the Legislature, as they regard the
security and interest of the Poor, while in others, perhaps
unnecessary and useless restrictions are imposed on the
Pawnbrokers themselves.
3d. As the Laws respecting Forgeries now stand--the act of
forging the Firm of a Commercial House, and obtaining goods
on the Credit of such Firm, is only punishable as a
Misdemeanor; although in this case this offence is of a
tendency _the most dangerous that can be conceived_, in a
Commercial Country, where (from the unbounded confidence
which prevails) it is so easy to obtain credit.
A case occurred and came under the cognizance of the Author
in 1796, where a Swindler assuming the Firm of a respectable
House in Bristol, ordered goods from Manchester to be sent
to Portsmouth, where the person (committing the Forgery)
stated, that one of the Partners meant to go to meet
them.--Two parcels of goods were obtained by this device,
and immediately sold at half the value by the Sharpers,
which led to a discovery, and enabled the Author to guard
the unsuspecting Manufacturers in York and Lancashire,
against the injuries they were likely to sustain, by the
operation of a very complicated and artful conspiracy to rob
them of their property to a great amount.
4th. The Receiving of _Cash or Specie, Bank Notes, Bills of
Exchange, or Notes of Hand, knowing the same to be stolen_,
is not at present a Criminal Offence: In a Commercial
Country where such offences may be productive of much evil
to Society, Why should not the Law extend to every species
of Property in the same manner as to Goods and Chattels?
5th. Although Arson is considered (and justly so) as a high
Criminal Offence, yet the offence of a person setting fire
to his own house, with a view to defraud the Insurers, is
considered only _a simple Misdemeanor_, and punished as
such; and where a house at a distance from others is set on
fire so as to occasion no danger to the neighbourhood, _it
is not an Offence known in the Criminal Code_, even although
it may appear to have been done for the purpose of
defrauding the Insurers.
With a view to the prevention of this very atrocious crime
(of which there have been but too many instances of late
years) it would seem right that it should be _clearly
defined_; and that it would not be too severe to punish
offenders by Transportation; since in all cases, where the
fire extends to a neighbouring house the offence of Arson is
committed, and the punishment is Death.
6th. Much inconvenience is at present experienced from the
circuitous and expensive process of Law, which must be
resorted to for the purpose of removing bad and profligate
_Lodgers_.--In cases of small concern, where the rent does
not exceed a few shillings a week, it would be an act of
great humanity to empower Magistrates to decide in a
summary way.--It would check that spirit of litigation,
which is the destruction of the Labouring People.
7th. As a means of controlling many offences, which are
generated by an assemblage of loose and immoral characters,
who are constantly afloat in the Metropolis, _a General
Register of Lodging-Houses_, would certainly be attended
with very beneficial effects: and to use the language of the
Select Committee of the House of Commons in their 28th
Report, page 31,--would also "be a Regulation, which, if
discreetly used, might probably afford the means of
materially assisting both the Police and the Revenue."[207]
[Footnote 207: See pages 105 and 539 in this Work.]
8th. The extensive Plunder committed on the Farmers round
the Metropolis, under the pretence of _Gleaning in Harvest_
is a very serious evil, and calls aloud for a remedy.--The
practice is pernicious and ruinous to the Morals of the
Families of the Labouring People in every part of the
Country, since through this medium children learn pilfering
habits, before they know that it is a crime.
A slight punishment on all who gleaned in any case previous
to a complete removal of the corn or vegetables, and on
every occasion, without first obtaining leave of the
Proprietor, would prove a very salutary Regulation--for it
appears that every Thief charged with stealing corn pretends
it was obtained by _Gleaning_.
9th. The existing Laws being found ineffectual in
controlling the habits, and in turning into a course of
useful industry the labour of the herds of Gypsies, who
surround the Metropolis, and commit depredations in every
part of the Country, it would be exceedingly desirable,[208]
both with respect to policy and humanity, to provide some
effectual Legislative Remedy, since the idle, vagrant, and
miserable life of this profligate community can be as little
desirable to themselves as it is hurtful to the
Public.--Compelling a residence which shall be _stationary_,
and obliging them to bind out their children apprentices at
a certain age, so as to incorporate them with the mass of
the people, would certainly prove a very salutary
Regulation.
[Footnote 208: See pages 84, 5.]
10th. The frauds and adulterations in the article of _Milk_
sold in the Metropolis, as detailed in the 3d Chapter of
this Work, pages 89 to 92, seem to justify the interference
of Parliament for the purpose of placing _Milk Dealers_
under the inspection and controul of the Police: Here the
injury is not merely confined to the frauds thus practised
on the Public, but the healths of the Consumers are in some
measure endangered from the infamous devices which are
practised.
11th. For the purpose of saving much unnecessary expence,
and also to remove the inconvenience arising from the length
of time, which frequently elapses before persons charged
with offences, in Southwark, Greenwich, and the villages
surrounding the Metropolis, make it lawful to try offences
committed in Surry, Kent, and Essex, within five miles of
the three Bridges, at the Justice Hall of the Old Bailey,
which may be done before a Jury of the Vicinage, with great
advantages to Public Justice, and without touching on the
rights of the Accused.[209]
[Footnote 209: See pages 428 and 429.]
12th. To establish certain Legislative Regulations, for the
purpose of preserving the Morals of unfortunate unoffending
families, by restoring to them such parents whose
misfortunes and not their crimes, have doomed them to the
horrors of perpetual Imprisonment.--And to establish
arrangements for the improvement of what may be denominated
_Civil Police_, by adopting inferior Tribunals for
distributing Justice in all actions of Debt under 50_l._ for
the purpose of reducing the present enormous expence, and
extending relief to traders in general.[210]
[Footnote 210: See pages 584 to 590.]
* * * * *
Thus has the Author of this Work endeavoured to develope that infinite variety of crimes and misfortunes, which have been long felt and deplored as a pressure upon the innocent part of the Community.
In travelling over so extensive a field, where almost every step is stained with turpitude and depravity, no little consolation is derived from being able thus to place upon record _practicable Remedies_, applicable to the chief part of the evils, which have been brought under the review of the Reader.
Nor is it less a matter of gratification to the Writer of the preceding pages, than it must be satisfactory to the Public at large, to discover that the leading features of the whole improvements which he suggested in the preceding editions of this Work, _have attracted the notice, and received the sanction of the Select Committee of the House of Commons_.
The conclusion which may naturally be drawn is, that the laborious efforts of the Author in bringing a new and interesting subject under the review of the Public have not been in vain; and that a confident hope may now be entertained that his humble endeavours, for the good of his Country, will ultimately produce arrangements _in the New Science of Police_, calculated to secure and protect the peaceful subject against injury, and to ameliorate the state and condition of Civil Society, particularly in this great Metropolis, by the adoption of such measures _as shall be conducive to the more effectual Prevention of Crimes:--by lessening the demand for Punishments:--by diminishing the expence and alleviating the burden of Prosecutions:--by turning the hearts and arresting the hands of evil doers: by forewarning the unwary, and preserving the untainted in purity_; thus attaching to Police its genuine preventive character, unmixed with those judicial powers which lead to Punishment, and properly belong to Magistracy alone.
FINIS.
[_Printed by H. Baldwin and Son, New Bridge-Street, London._]
_INDEX._
[Transcriber's Note: The original index resembles a table of contents, with page numbers at the right margin; and for sequential page numbers, only the last digit or two is given, e.g., 504, 5. For clarity in this e-book, the page numbers immediately follow the entries, separated by a comma, and for sequential page numbers the full number is given.]
A.
_Abstract_ of the annual Imports into, and Exports from the Port of
London (_table_), 215, 216
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A Treatise on the Police of the MetropolisChapter XXI: Act 32: Geo. III. cap. 53. and continued for 5 years by 36 (4)
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