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.
a.s.sAULT 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 a.s.saults--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 a.s.serted 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 a.s.similate 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 pa.s.sed 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 pa.s.s 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 mult.i.tudes 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 Inst.i.tution 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 a.r.s.enals, 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 Inst.i.tution--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 int.i.tles 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 cla.s.s 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 embarra.s.s, 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 ma.s.s, 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 a.s.signed 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.