In contemplating and in developing the causes of the vast acc.u.mulation and increase of base money, which has thus deluged the country of late years, the evil will be found to have proceeded chiefly from the want of _a new coinage:--of laws, applicable to the new tricks and devices practised by the coiners:--of proper checks upon fraudulent Circulation:--of rewards for the detection and apprehension of Offenders;--and of a sufficient fund to ensure the prompt execution of the law; by a vigorous and energetic Police_, directed not only to the execution of apposite laws in the detection and punishment of offenders, but also to the means of prevention.
The vigour and energy requisite to put good and apposite laws in execution for the suppression of crimes of every kind, but particularly that of the coinage and circulation of base money, depend much on the zeal and activity of the Magistrate: and on the affording an adequate pecuniary resource, to enable him to reward men who may undertake to risk their persons in the company of desperate and daring offenders, in order to obtain that species of evidence which will produce a conviction. Without such pecuniary resource, the law, as well as the exertions of the Magistrate, becomes a dead letter: and his efforts for the purpose of promoting the ends of public justice, are crippled and lost to the Community.
In suppressing great evils, strong and adequate powers must be applied, and nothing can give force and activity to these powers, but the ability to reward liberally all persons engaged in the public service, either as police officers, or as temporary agents for the purpose of detecting atrocious offenders. The following ideas are therefore suggested with a view to the important subject at present under discussion.
The Coinage Laws (except those relating to copper money) which contain the most important regulations in the way of prevention, having been made a century ago, it is not to be wondered at, in consequence of the regular progress of the evil, and the new contrivances and artifices resorted to, in that period, that many obvious amendments have become necessary. A consolidation of the whole laws from the 25th of Edward the Third, to the 14th of his present Majesty, would, perhaps, be the most desirable object; as it would afford a better opportunity of correcting every deficiency, and of rendering this branch of the criminal code, _concise_, _clear_, _explicit_,--applicable to the existing evils, and to the means of prevention.
For the purpose, however, of more fully elucidating this proposition, it will be necessary to state the existing laws, and what are considered as the most apparent deficiencies therein.
We will begin by giving a short _Summary_ of the existing Laws.
25 Edw. III. _stat._ These acts make counterfeiting the 5, _cap._ 2. gold and silver coin of the 1 Mary, _stat._ 2, _c._ realm--counterfeiting foreign money, 6. current within the realm--knowingly 1 & 2 Ph. & Mary, bringing false money into the realm _cap._ 11. counterfeit to the money of England; 5 Eliz. _cap._ 11. or bringing in _any_ false and 14 Eliz. _cap._ 3. counterfeit money, current within 18 Eliz. _cap._ 1. the realm; in order to utter the same here;--diminishing or lightening any current (gold or silver) coin--_High Treason_.--Counterfeiting foreign money, not current in the kingdom--_Misprision of Treason_.
8 & 9 Will. III. These Acts contain a detail of _cap._ 26 (_made the princ.i.p.al offences and punishments, perpetual by_ 7 upon which prosecutions Anne, _c._ 25)--9 are founded at present.
& 10 Will. III.
_c._ 21.
7th of Queen Anne, Allows 400_l._ a year for prosecuting _cap._ 24. offenders; increased by 15 Geo. II. _c._ 28. -- 10, to 600_l._
15th of George II. Amends some of the above laws, and _cap._ 28. establishes new regulations relative to the Copper Coinage.
11th George III. Makes further regulations respecting _cap._ 40. the Copper Coinage; which, however, have not been at all effectual.
Since the last edition of this work the following additions have been made to the Statute Law on this subject.
By 37 Geo. III. _c._ 126, so much of 15 Geo. II. _c._ 28, as relates to _halfpence and farthings_, and the statute 11 Geo. III. _c._ 40, and all other acts relating to the copper money of this realm, are extended to all such copper money as shall be coined and issued, by the King"s Proclamation.--This was for the purpose of protecting the Coinage of _penny_ and _twopenny_ pieces made for Government by Mr.
Boulton, of Birmingham; and which it is believed have not yet been counterfeited, at least to any great extent.
By the same statute, 37 Geo. III. _c._ 126, persons counterfeiting any _foreign gold or silver coin_, tho" not current in this realm, are made guilty of felony, punishable by seven years" transportation; as are also persons bringing the same into the realm, with intent to utter it.--A penalty is imposed on persons tendering _such_ counterfeit coin in payment, _or exchange_; for the first offence, six months" imprisonment: for the second, two years; and on the third, they are declared guilty of felony without Clergy.--Persons having more than _five_ pieces of such counterfeit coin in their possession, shall forfeit the same, and also a penalty of not more than .5, nor less than 40_s._ for each piece; or suffer three months"
imprisonment.--Justices are impowered to grant warrants for searching suspected places, _for such counterfeit foreign coin_; which with the tools and materials may be seized and carried before a Justice, who shall secure the same as evidence: to be afterwards destroyed.
By statute 38 Geo. III. _c._ 59, the act 14 Geo. III. _c._ 42, prohibiting the importation of light silver coin of this realm, was revived and continued till June 1, 1799.--And by statute 39 Geo. III.
_c._ 75, it was made perpetual.
By statute 38 Geo. III. _c._ 67, _Copper Coin_ not being the legal Copper Coin of this realm, and _all counterfeit gold or silver coin whatever_, exported, or shipped for exportation, to Martinique or any of the British Colonies in the West Indies or America, is declared to be forfeited, and may be seized as under the laws respecting the Customs.--And a penalty is imposed on persons exporting it, of .200 and double the value of the coin.
We next proceed to state the deficiencies which still remain unremedied.
1. The punishment inflicted on the different offences specified in the Coinage Laws, do not seem to be adequate to the degree of enormity, in some instances; while in others, from being too severe, the law is not always put in execution. The sale of base Money (for instance) under the value it imports, is only punishable by a year"s imprisonment; although in point of fact, it is well known, that the Sellers are the _Employers of the Coiners_; that with them this high offence originates, and but for them it would not have been committed: while the actual Coiners, who work for these Dealers merely as Journeymen, subject themselves to the punishment of Death.
2. Prosecutions under the stat. 8 & 9 W. III. _c._ 26, are at present limited to commence within three months. This may often defeat justice, as offences committed in the country frequently cannot be tried in less than four, five, and in some cases nearly six months. [-->] _The limitation to twelve months would remove the difficulty._ [There is no such limitation in the statutes of 37 & 38 of Geo. III. just alluded to.]
3. The words _Milled Money_ seemed necessary, in the minds of the makers of the act of 8 & 9 William III. _cap._ 26, to form the description of coin similar to the current Coin of the Realm; and that Act declares it to be felony to take, receive, pay, or put off _counterfeit milled Money_.--A considerable portion of counterfeit Coin is _cast_, and _not milled_. [-->] _The words_ counterfeit Money, Milled _or_ not Milled, _would remove the ambiguity._
4. It does not appear that any provision is clearly made, or punishment inflicted, for the offence of _uttering base silver Money in exchange_, as well as in payment: except under _stat._ 8 and 9 Will. III. _cap._ 26, where the expression of _counterfeited milled money_ is used, the ambiguity of which has already been noticed. The words in the _stat._ 15 Geo. II. _c._ 28. are, "any person who shall utter or tender in payment," and it seems that the word _utter_ cannot be detached from the subsequent words, "in payment." [The partial remedy applied in this particular in the instance of counterfeit _foreign gold and silver coin_, under 37 Geo. III. _c._ 126, should be extended to _all_ cases of counterfeit money.]
5. The laws peculiarly relating to the _Copper Coinage_, although more modern, have also been found to be extremely defective, and totally inadequate to their object. The Act of the 11th of his present Majesty, _cap._ 40, indeed, makes it felony to sell Copper Money of the similitude _of the current Money of the Realm_ at a less value than the denomination doth import; but the benefit of Clergy not being taken away, and no specific punishment being mentioned, the offenders are generally subjected only to a year"s inprisonment, which proves no check whatever, as their families carry on business in the mean time; and if they sell _plain or evasive Halfpence_, or what are called _Irish Harps_, or mix them with _stamped Half-pence_, similar to the current Coin of the Realm, so that the stamped Coin does not exceed the value of what the denomination imports, it is doubtful whether the prosecution will not fail.
[-->] It is submitted, that a statute ought to be framed, declaring it _Felony_, punishable by seven years" transportation: 1st. For any person to make or manufacture any piece of Copper or other metal, with or without any device whatsoever, with an intent that it shall pa.s.s as the _Copper Monies of the Kingdoms of Great Britain or Ireland_. 2nd.
For any smith, engraver, founder, &c. or any person, except those employed in the Mint, or authorized by the Treasury, to make or mend, buy or sell, conceal or have in their possession, without a lawful excuse, any puncheon, stamp, die, mould, &c. on which shall be impressed, or with intent that there shall be impressed on the same, any resemblance whatever, in part or in the whole, of such _Copper Monies_. 3d. For any person to buy or sell, or offer to buy or sell, or to utter or tender in payment, or to give or offer to give in exchange, _thirty or more pieces of Copper_ in any one day; such piece resembling or being intended to resemble, or pa.s.sing or being intended to pa.s.s as the current Copper Money of the said kingdoms.
That such proposed statute should also make it a misdemeanor (punishable by a fine of 40_s._ for the first offence, 5. for the second, and 10. for every subsequent offence) for any person to buy, sell, utter, &c. any number _less than thirty_ of such pieces of Copper, resembling or intended to resemble or pa.s.s, &c. as such current Copper Money. The fines to be recoverable in a summary way before one magistrate. This would reach Turnpike-men and others, who wilfully pa.s.s bad Halfpence at one gate which are refused at another: and would generally check the circulation of base Copper Money, which has become an evil of great magnitude.
6. The laws, as they now stand, are silent regarding Provincial Copper Coin, or what are called _Tokens_, representing an Halfpenny. It might perhaps be useful to legalize _Tokens_ or _Provincial Coins_ on three conditions.
[-->] _1. That the Copper of which they are made shall be pure.--2. That this Coin shall be at least 10 per cent.
heavier than Mr. Boulton"s new Coinage.--3. That the parties circulating such Coin be responsible to the holders, for the value in Gold or Silver, when demanded: and shall stamp their names and an obligation to that purpose on the Coins, Tokens, or Medals so issued by them._--It would be necessary under such circ.u.mstances that every person, issuing Tokens or Medals, should take out a Licence for that purpose from the princ.i.p.al Officers of the Mint, as an authority for such Coinage: giving security at the same time to observe the above Conditions.
It may, however, be worthy consideration, whether these tokens should not be wholly suppressed, and the offence of fabricating any Copper pieces pa.s.sing, or intended to pa.s.s "_as, for, or in lieu of_" the lawful Copper Coin, be made felony: and that such tokens should in all respects be considered as actual Counterfeit Coin, and treated accordingly: or, at all events, that persons issuing and circulating such tokens should be liable to a severe penalty; and bound to pay the holder, on demand, the full denominated value.
7. The mischievous agents of the Dealers in base Money, _the persons who keep Flatting-mills, and other machinery, for preparing, and rolling their metals, for being coined into base Money_, are not at present within the reach of punishment by any existing law. Although by preparing the metal for the subsequent process of stamping, they are in fact parties concerned, without whose aid the Coinage of what are called _Flats_, or milled money, could not be carried on.--The chief difficulty is in punishing persons for producing an article which may be turned into coach and harness ornaments, b.u.t.tons, and many purposes as well as base Money.
[-->] With respect to this whole tribe of dangerous manufacturers, whose trade and abilities are so liable to be perverted to iniquitous purposes, it has been under consideration to regulate them, by legislative measures, to the following effect: viz. "That no person, except those employed in the mints, shall erect, set up, or use, or knowingly have in possession any _cutting engine for cutting round blanks by the force of a screw out of fatted bars or sheets of Copper, or other metal_; or any _stamping press, fly, rolling mill, flatting mill, or other instrument for stamping, flatting, or marking metals_, or _which, with the a.s.sistance of any matrix, Stamp, or dye, will stamp or mark Copper or other metals, or prepare the same for stamping or marking_, without first giving notice thereof in writing to persons authorized to keep an entry and registry thereof, containing the Christian and Surnames of the owners of such instruments, and describing the use thereof, and the house or other place in which the same is intended to be erected, set up, used or kept; and to give the like notice on any removal, under a certain penalty, recoverable as in the case of Hair Powder, and other revenue laws."--It is believed, on the best authority, that the Licence here proposed (especially as it would subject the parties to no pecuniary burden) would meet the approbation of the princ.i.p.al manufacturers, on account of the facilities which it would afford in detecting and in embarra.s.sing those who set up machinery for unlawful purposes.
8. No provision is made in any Act against, and consequently no punishment is inflicted on, the offence of _buying base money to recolour it_--[-->] This is a modern device, and may be remedied, as it seems, by enacting--"That every person who shall buy, take or receive any blank or round piece of blanched copper, mixed metal, or metal of any sort whatsoever, for the purpose of colouring the same, or causing the same to be coloured, or with intent or knowledge that the same shall or will be coloured, or which shall have been coloured, so as to pa.s.s for the current Gold or Silver Coins of Great Britain or Ireland, shall be punishable by a fine of .20 and one month"s imprisonment; and that any person who shall buy or sell, or offer to buy or sell any piece of blanched Copper, &c. which may formerly have pa.s.sed as or for such current Gold or Silver Coin, shall be punishable by a fine of 40_s._ recoverable in a summary way; or by one month"s imprisonment."--This last penalty will reach the Jew Boys, who cry bad shillings, and will prove, it is hoped, an effectual check by means of a very mild punishment upon shopkeepers, tradesmen, and others, who inadvertently sell defaced counterfeit shillings without reflecting that although they obtain 3_d._ in this traffick for what is not intrinsically worth one farthing, that the same counterfeits are again coloured, and received by them at the full value of 12_d._
9. No existing law gives any power to Magistrates upon information on oath, to search for, or seize Counterfeit Coin of this realm in the custody or possession of _known Dealers_ or _reputed Utterers_; although these Dealers and Utterers are now the persons (and not the actual Coiners) who keep the base money: neither is there any power to seize base money conveying in coaches or waggons going into the country. Under this shelter the Dealers are enabled to hold markets for sale in their houses, where they frequently keep large stocks; and base money is also sent into the country without the least hazard of detection or seizure.
[-->] Here again the partial remedy introduced by 37 Geo. III. c. 126, should be extended and applied.
10. No power is directly given by any existing law, (not even by the modern Act last mentioned) though upon the most pointed information, to search the houses or workshops of coiners _in the night time_. Hence it is that _detection_ becomes so difficult, and the evil increases, because the law in some measure shields the offenders from discovery.
Since in Lottery offences (which are certainly greatly inferior in their enormity to Coining) a power is granted to break open houses in the night-time, surely no reason can be a.s.signed why treasonable offences, in Coining base Money, should not in this respect be on the same footing. Unless a positive power is given to search in the night, and suddenly to force open doors or windows, it will be impossible to detect the Makers of Cast Money.
11. The act 11 Geo. III. cap. 40. gives a power to Magistrates to issue their warrants to search for tools and implements used in the _Copper Coinage_, (with regard to Silver or Gold Coinage of this realm no such power is given); but, what is very singular, _no punishment whatever can be inflicted by any existing law_ on the owner or proprietor of such tools for making Copper Money, nor upon the person in whose house they are found; and if when such search is made, there should be found only _plain_ Halfpence, or _Irish Harps_, or _evasive Halfpence_ or _Farthings, varying in the Stamp_ in any degree from the current Coin of the Realm, so as not to be of the exact similitude, (a practice which has now for some time very much prevailed) the act in question is defeated; inasmuch as the crime of felony does not attach to offences short of Coining _Copper Money of the similitude of the current Coin of the Realm_. The Coinage of base Copper therefore goes on with impunity; because it is owing to the carelessness of the parties themselves if ever they permit the law to reach them.
12. The laws now in being give no power to seize Counterfeit Halfpence; either in the hands of the Dealers, who keep a kind of open market at their own houses every morning to supply Jew Boys, who cry bad Shillings, or in those of many others in various trades, who become the channels of circulation to a vast extent without risk or inconvenience.
Neither does the statute law authorize the apprehension of Jew Boys, who go out every morning loaded with counterfeit Copper, which they exchange for bad shillings.
[-->] To remedy this part of the evil, it is proposed, "That on complaint made to any one Justice of Peace upon oath, that there is just cause to suspect that any person is concerned in making or using, or has in their custody any unlawful puncheon, stamp, die, mould, &c.
made for the purpose, or which may be applied to the purpose, of counterfeiting the Gold, Silver, or Copper Coin of the Kingdoms of Great Britain or Ireland; or of making or manufacturing any pieces of metal intended to pa.s.s as such coin, or any cutting engine for cutting round blanks by means of force applied to a screw, or flatted bars of metal, &c. or any wash or material which will produce the colour of Gold or silver, or copper, or any round blank of base metal or mixed metal, or of bra.s.s copper, or lead, so as to resemble such coin; or who hath been concerned in buying, selling, taking in exchange, receiving, or putting off any Gold, Silver, or Copper Money, not melted or cut, at a lower rate or value than the same doth import, such Justice may, by a warrant under his hand, cause the house, out-house, and other places occupied by such suspected person to be searched, _either by night or by day_; and if any of the articles hereinbefore mentioned, or any counterfeit or pretended coin, blanks, or round pieces of metal be found, the parties to be seized, and, with the said articles, brought before a Justice, and such articles may be afterwards used in evidence, and then broken, defaced, and disposed of as the Court or Justices shall direct.
"That any Constable, Headborough, or Beadle, and every Watchman, while on duty, may apprehend and detain all and every person or persons who may be reasonably suspected of having and carrying, or any ways conveying for the purpose of selling or trafficking in the same, any counterfeited or forged Gold, Silver, or Copper Money, whether the same shall resemble or be intended to resemble, or shall pa.s.s or be intended to pa.s.s as and for the coin of the said kingdoms, or of any foreign Country or State; or having in their possession, without lawful excuse, any round blanks of base metal or mixed metal, &c. or any pieces of Gold, Silver, Bra.s.s, Copper, or Lead, of a fit size and figure to be coined, coloured, or converted into Counterfeit Money; with power also to seize and detain the said Counterfeit Money, blanks, &c. and convey the same, with the person or persons apprehended, before one or more Justices; and if the party shall not give a satisfactory account how the same came into their possession, or shall not produce the party from whom it was received, he shall be deemed guilty of a misdemeanor, punishable by fine and imprisonment in a summary manner."
13. The statute 37 Geo. III. cap. 126. (see p. 194) has restrained the evil pointed out in former editions of this Treatise, respecting the counterfeiting of Foreign Gold and Silver Coin. It is to be wished, however, that the penalties imposed on the _exportation_ of such counterfeit Coin by 38 Geo. III. cap. 67, could be further extended and enforced.
14. It must here be repeated, that the great cause of the defect in the execution of the Laws against Coiners, is the want of a proper fund for Prosecutions and Rewards, and other expences for detecting Offenders.--The acts 7 Anne, cap. 24, and 15 Geo. II. cap. 28, allow only .600 for the expence of prosecutions, which has never been increased for above half a century; although the offences, as well as the expence of detection and prosecutions, have increased, at least, six fold.
15. The reward of .40, given under the Acts 6 and 7 William III. cap. 17; 15 Geo. II. cap. 28, is construed to be limited only to the Conviction of actual Coiners and Clippers of Gold and Silver; and is not allowed to extend to colouring and finishing, as well as a number of other offences connected with _making_, _counterfeiting_, and _uttering base_ Money:--the reward for Copper Coin is by the said Act of 15 Geo. II. cap. 28, limited to .10, and is by no means a sufficient encouragement to Officers to do their duty. _It would be a great improvement if a liberal sum were allowed by Parliament for detections, prosecutions, and rewards; to be paid on the report of the Judges who try the offenders, according to the merit and trouble of the apprehenders, prosecutors, and witnesses; whether there is a conviction or not._
The following rewards have been suggested as proper to make part of a Bill now in a state of preparation, for the general Regulation of the Coinage: and which is meant to include all the remedies before hinted at and pointed out: a Legislative measure which must do honour to the Minister who will carry it into execution.
To persons contributing to the conviction of _Coiners of British or Foreign Coin, or persons plating with Gold or Silver_, or _persons colouring with wash_ or _materials to produce the colour of Gold or Silver_, any blanks or flats of metal, base or mixed, . _s._ _d._ to resemble the said current Coin 40 0 0
Convicting, &c. persons guilty of counterfeiting Copper money of these Kingdoms or of Foreign States, or colouring such Copper money to resemble the same 20 0 0
Convicting, &c. persons guilty of uttering counterfeit Gold and Silver Coin, and selling it at a lower rate than it imports 10 0 0
Convicting, &c. persons guilty of buying or selling Counterfeit Copper money of Foreign States at a lower rate than it imports 10 0 0