RECAPITULATION.
| Convicts discharged from the Hulks, from 1792 to 1799 inclusive (See [page 98] of this Treatise) | 1383 |
| To be discharged from the Hulks at Langston chiefly in 6 years | 678 |
| From Woolwich, chiefly within the same period | 317 |
| Total | 2378 |
In the same authentic Documents, namely the Appendix (L. 1 & 2) page 103 of the 28th Report of the Select Committee on Finance, a Statement is given of the Expence which has been incurred by Government, "for or in respect of the Conviction, Confinement, and Maintenance of Convicts, from the 1st January, 1775, to the year ending the 31st December, 1797," of which the following is an abstract:
The Contractors for the Convicts at Woolwich and Langston Harbour, (as appear from documents laid before the House of Commons) entered into an agreement with the Lords of the Treasury obliging themselves for the consideration of 1s. 3d. per day, (being 22l. 16s. 3d. a year for each Convict,) to provide at their own cost or charge, one or more Hulks, to keep the same in proper repair, to provide proper Ship's Companies for the safe Custody of such Convicts; and sufficient meat, drink, clothing and medical assistance, for the Convicts; as also to sustain all other charges (excepting the expence of the Chaplain, Coroner, and bounties to discharged Convicts;[145]) obeying, at the same time, all the orders of his Majesty's Principal Secretary of State for the Home Department, respecting the Convicts. A subsequent contract was made at 14½d. which reduced the expence to 22l. 1s. 0½d. per man: and which is the allowance made to the present Contractors.
The terms of these contracts appear to be as favourable for Government as could reasonably be expected, under all circumstances; and it would appear, that some advantages are reaped by the Public, as the documents laid before the House of Commons in 1792 and 1798, shew that the labour performed by the Convicts is productive in a certain degree.—The following Statements explain how their labour is valued:—
| From the 1st of January 1789 to the 1st of January 1792, it appears that 653,432 days' work had been performed at Langston Harbour, Portsmouth, and Woolwich Warren; which being estimated at 9d. a day, is | £.24,503 | 14 | 0 |
| and | |||
| From the 1st of January 1789 to the 1st of January 1792, it also appears that 260,440 days' work had been performed at the Dock yard at Woolwich; which being partly performed by artificers in a more productive species of labour, is estimated at 1s. a day | 13,022 | 0 | 0 |
| Total value of Convicts' labour in 3 years | £.37,525 | 14 | 0 |
It appears from the 28th Report of the Select Committee on Finance, Appendix, No. 7 and 8—
| That the work done by Convicts confined on board the Hulks in Langston Harbour, during the year 1797, was performed by about 421 convicts upon a daily average, and computing the labour of each artificer at 19l. 8s. 9d. per annum, and each labourer at 11l. 13s. 3d. it will amount to | £.5,997 | 18 | 3 |
| The work performed in the same year by about 250 convicts, confined on board the Hulks at Portsmouth, computed as above will amount to | 3,226 | 15 | 0 |
| 9,224 | 13 | 3 | |
| From which is to be deducted, to make the amount correspond with the valuation made by the Ordnance Board | 1,440 | 5 | 3 |
| £.7,784 | 8 | 0 | |
| The work done by convicts, confined on board the Prudentia and Stanislaus Hulks at Woolwich Dock-yards and Warren, performed by 359 convicts, rated at 1s. and 1s. 2d. for labourers, and 1s. 5d. per day for artificers, is calculated to amount to | 6,578 | 4 | 7 |
| £.14,362 | 12 | 7 | |
| Deduct allowances made, and articles supplied, by the Board of Ordnance | 1,498 | 14 | 10½ |
| Total Estimate of the value of the labour of Convicts in 1797 | £.12,863 | 17 | 8½ |
Upon this last statement the Select Committee on Finance (whose various elaborate Reports on the State of the Nation, do them immortal honour as Patriots and Legislators) very justly observe, that it is extremely difficult to calculate the value of labour, performed under such circumstances, with any degree of accuracy; and after several views of the subject a conclusion is drawn, that the net expence to the Public, for the maintenance of 1402 convicts in 1797, after deducting the estimated value of labour, amounted to 20,878l. 14s. 10½d. being at the rate of 14l. 17s. 9½d. per man.
It appears, however, that out of the whole number of 1402 maintained in 1797, only 1030 were actually employed. The labour of the remaining 370 was, therefore, in a great measure, lost to the Community.
At any rate, the value of this species of labour must be precarious, and the advantages resulting from it problematical.
Since the mere "possession of so many idle hands will sometimes be a temptation to engage in works, which but for this inducement, would not recommend themselves by their intrinsic utility."[146]
While it is admitted, that considerable improvements have been made with regard to the reduction of the expence; that provision has also been made for religious and moral instruction, by established salaries to chaplains;—and that the contractors have honourably performed their part of the undertaking; it is much to be lamented, that this experiment has not been attended with more beneficial consequences to the Public; not only in rendering the labour of the convicts productive in a greater degree, so as at least to be equal to the expence; but also in amending the morals of these miserable out-casts; so that on their return to Society, they might, in some respect, atone for the errors of their former lives, by a course of honest industry, useful to themselves and to their country. On the contrary, experience has shewn, that although an expence exceeding 623,000l. has been incurred by Government in the course of 22 years, most of them, instead of profitting by the punishment they have suffered (forgetting they were under sentence of death, and undismayed by the dangers they have escaped) immediately rush into the same course of depredation and warfare upon the public: nay, so hardened and determined in this respect have some of them been, as even to make proposals to their old friends, the Receivers, previous to the period of their discharge, to purchase their newly acquired plunder. It has already been shewn, that those few also, who are less depraved, and perhaps disposed to amend their conduct, can find no resource for labour; and are thus, too frequently, compelled, by dire necessity, to herd with their former associates in iniquity, and it is much to be feared, that the chief part of the multitudes, who have been periodically discharged, have either suffered for new offences, or are actually at present afflicting Society by reiterated depredations.[147]
After maturely considering the enormous expence, and the total inefficacy of the System of the Hulks, aided by the new lights which have been thrown upon the subject by the important documents called for by the Select Committee on Finance, it appears clear to demonstration, that it would be for the interest of the Country to abandon the present System; and the Author heartily joins in the opinion expressed by those respectable members of the Legislature,—"That our principal places of Confinement, and modes of Punishment, so far from the Conversion and Reformation of the Criminal, tend to send him forth at the expiration of the period of his imprisonment more confirmed in vice; and that the general tendency of our œconomical arrangements upon this subject, is ill calculated to meet the accumulating burdens, which are the infallible result of so much error in the System of Police."
Having thus explained the nature and effect of the punishment inflicted on convicts, through the medium of the Hulks, and also the expence attending these establishments; it will be necessary in the next place, to examine the authentic documents, as they relate to the transportation of Felons to New South Wales.
From the Appendix, page 122, of the 28th Report of the Select Committee on Finance, printed the 26th of June 1798, it appears that the number of Convicts sent to New South Wales and Norfolk Island[148] from the year 1787 to the year 1797 inclusive, stood thus:—
| Men and Women. | Children. | Total. | |
| 1787 | 778 | 17 | 795 |
| 1789 | 1251 | 22 | 1273 |
| 1790 | 2029 | 9 | 2038 |
| 1791 | 408 | 11 | 419 |
| 1792 | 412 | 6 | 418 |
| 1794 | 82 | 2 | 84 |
| 1795 | 133 | 3 | 136 |
| 1796 | 279 | 13 | 292 |
| 1797 | 393 | 10 | 403 |
| 5765 | 93 | 5858 |
It appears also from another document in the same Report (being the last return of Convicts in the two Settlements) that their numbers stood as stated in the following Table,—
| Convicts | Convicts Victualled | Convicts Emancipated | Total | Total Men and Women | |||||
| Men | Women | Men | Women | Men | Women | Men | Women | ||
| In New South Wales on the 31 Aug. 1796. | 1633 | 755 | 78 | 5 | 20 | 9 | 1731 | 769 | 2500 |
| In Norfolk Island on the 22 Oct. 1796. | 379 | 167 | 53 | 0 | 12 | 3 | 444 | 170 | 614 |
| 2012 | 922 | 131 | 5 | 32 | 12 | 2175 | 939 | 3114 | |
| To which add the Convicts sent in 1796 and 1797, including Children | 695 | ||||||||
| Total | 3809 | ||||||||
The diminution of Convicts from 5858 to 3809 is to be accounted for, by a certain proportion leaving the Settlement after the expiration of their time, and also by deaths,[149] which in the natural course of things must be expected.
In resorting to this mode of disposing of Convicts, which at the time must be considered as a choice of difficulties, a very large sum of money has been expended.—Certainly much more than could have been foreseen at the commencement: Since it appears from the 28th Report of the Select Committee on Finance, who certainly have bestowed infinite pains in the investigation, that the total amount exceeds One Million Sterling, as will be seen from the following Statement, extracted from page 120 of that 28th Report, viz:
Disbursed for 5858 Convicts including 93 Children, transported
to New South Wales
Specification of the heads of Expences above stated—
| Expences of the first Establishment of the Settlement and Transportation of Convicts | 264,433 | 11 | 0 |
| Expences of Victualing Convicts and the Settlement from hence | 186,270 | 1 | 3¼ |
| Expences of Cloathing, Tools, and Sundry Articles | 116,658 | 15 | 3 |
| Bills drawn for the purchase of Provisions, &c. for the use of the Colony | 138,225 | 9 | 8¾ |
| Expence of the Civil Establishment | 48,134 | 0 | 2¼ |
| Expence of the Military Establishment | 94,993 | 11 | 3 |
| Expence of the Marine Establishment | 22,173 | 13 | 0½ |
| Naval Expences as above | 166,341 | 4 | 11 |
| Total | £.1,037,230 | 6 | 7¾ |
Thus it appears, that in executing the sentence of the Law on 5765 Convicts more than One Million Sterling has been expended, nearly equal to 180l. for each Convict, exclusive of the expence incurred by the Counties, and by Government in the maintenance at home; and without taking into the account the very considerable charge, which must have been borne by the private Prosecutors in bringing these Offenders to Justice.
The Select Committee in their laborious investigation of the effects of this System, very justly observe, "that the numbers of the Convicts do not appear to have kept pace with the increase of the expence."—They proceed to state (page 27 of the Report) "that after a trial of twelve years, it seems not too early to inquire whether the peculiar advantages likely to arise from this plan are such as may be considered as compensating for its probable expence. The security held out by the difficulty of return on the part of the convicts is the only advantage that strikes the eye: but the nature of this advantage, the amount of it, and the certainty of it, seem not altogether undeserving of inquiry; nor whether a security of the same sort more at command, and more to be depended on, might not be purchased on less exceptionable terms. It may be also worthy of inquiry (add the Committee) whether the advantages looked for, from this establishment may not be dependent on its weakness? and whether as it grows less disadvantageous in point of finance, it will not be apt to grow less advantageous in the character of an instrument of Police? The more thriving the Settlement the more frequented: The more frequented the less difficulty of return.—The more thriving too the less terrible. To persons in some circumstances;—to persons who otherwise would have been disposed to emigrate, it may loose its terrors altogether, especially if by money or other means the servitude be avoidable. This inconvenience had already become sensible in the instance of the comparatively old planted Colonies. Many, though innocent, went thither voluntarily, even at the price of servitude, while others under the notion of punishment, were sent thither for their crimes; so that while to some the emigration remains a punishment, to others it may become an adventure; but a punishment should be the same thing to all persons, and at all times."
Contingencies, the Committee remark, may diminish the utility of the Establishment, or may increase the expence. "Bad seasons, and the destruction of the vegetable part of the stock of food: Mortality among the as yet scanty stock of cattle.[150] Mischief from the natives,—from insurrection among the convicts, or from the enemy.
"Here, as at Sierra Leone, malice may produce an expedition of devastation. The illusions to which the spirit of rapine is so much exposed may give birth to an enterprize of depredation; apprehensions of any such event entertained here would necessarily give birth to preparations of defence. The apprehensions may be well or ill grounded—the measures taken for defence successful or unsuccessful; but the expence in the mean time is incurred. The distance is unexampled, and all danger as well as all expence swells in proportion to the distance: these topics appear to merit consideration.
"Another circumstance is, that the labour of the whole number of persons sent to these colonies, whether as Convicts or Settlers, is entirely lost to the Country, nor can any return, to compensate such a loss, be expected till that very distant day, when the improved state of the Colony may, by possibility, begin to repay a part of the advance, by the benefits of its trade.
"Supposing abundance established, and remaining for ever without disturbance, it may be deserving of consideration, in what shape and in what degree, and with what degree of assurance, Government, in point of Finance, is likely to profit by the abundance: for the stock of the individuals, which each individual will consume, lay up or sell, is on his own account; is not the Stock of Government. The saving to Government depends upon the probity and zeal, and intelligence of the Bailiffs in Husbandry, acting without personal interest in the concern at that immense distance."
After opinions so decided, the result of an inquiry, aided by extensive information, and conducted by men of talents and judgment, it would ill become the Author of this Work to offer (if he could suggest,) additional arguments to prove the disadvantages which have attended, and which are likely to attend the transportation of Convicts to New South Wales. Although with regard to mere subsistence, there may be a prospect (and it is yet a distant one), of the Colony becoming independent of supplies from this Country; yet with respect to most other articles its wants will experience no diminution, and having once engaged in the project, humanity requires that the Settlement should be supplied at the expence of the Nation.
When the measure of establishing this Colony was adopted, a hope was probably entertained that while the great difficulty and expence of the passage home, joined to the fertility of the soil and the salubrity of the climate, might induce convicts to remain after the expiration of the period specified in their sentence, so as not to become offensive again to their native Country; the removal to an unknown region, inhabited by Savages, and situated at such a remote distance from Great Britain would exhibit this species of punishment in so terrific a light as to operate powerfully in preventing crimes.
Experience, however, has shewn that this salutary effect has not been produced, and that crimes are not to be diminished by the dread of punishment in any shape. This great desideratum is only to be attained by a well-regulated Police, calculated to destroy the sources from whence evil propensities spring, and to remove the facilities by which criminality is nourished and assisted.
Under the present circumstances, where the mind continues depraved, and where the harvest is so prolific, it ceases to be a matter of wonder that a considerable proportion of the convicts transported to New South Wales, have found their way back to their native Country;—and that not a few of them have again afflicted Society by renewing their depredations on the Public.—It is, indeed, lamentable to reflect, that after the extreme labour which has been bestowed, and the unparalleled expence which has been incurred, no effect whatsoever favourable to the interest of the Community, or to the security of innocence, has been produced. Looking back to the period when Government was relieved of the expence of Convicts, almost of every description under sentence of Transportation, and reflecting on the enormous expence which has been incurred since the channel of disposal, through the medium of the late American Colonies, has been shut up; considering that within the short period of twenty-five years no less a sum than 1,663,974l.[151] has been expended in transporting and maintaining about 15,000 Convicts, which would have cost nothing under the old System;—it cannot be sufficiently lamented, that so liberal a provision had not been employed in establishing Systems of Prevention. One fourth part of this enormous sum expended in a proper establishment of Preventive Police, would probably have rendered transportation and punishment in a considerable degree unnecessary, while the Country would have benefitted by the industry of a large proportion of these outcasts, who would then have been compelled to earn an honest livelihood by their labour.
Deploring the mass of turpitude which has drawn from the resources of the Country so enormous a portion of wealth, it is no little consolation to be able to look forward to a measure recommended by the Select Committee, and in the train of being adopted by Government, which holds out so fair a prospect not only of gradually diminishing this expence in future, but also of rendering the labour of Convicts productive, and of securing the Public against the repetition of those depredations which have been rather increased than prevented, by the System of punishments which have been heretofore adopted.
The advantages in contemplation are to be attained by carrying into effect a proposal for a new and less expensive mode of employing and reforming Convicts, which has been offered to the consideration of Government by Jeremy Bentham, Esq. and which appears to have been fully investigated by the Finance Committee, who state it (p. 20, of Report 28,) "to be no small recommendation to the plan, that the Contractor proposes to employ the prisoners on his own account, receiving a proportionally smaller sum from the Public for their maintenance.—That the great and important advantages which distinguish that plan from any other which has been hitherto suggested, consist in the certain employment and industrious livelihood which it insures to those whose terms of confinement are expired. In the responsibility which the Contractor proposes to take upon himself, for the future good behaviour of Criminals entrusted to his care, even when they shall be no longer under his control: in the publicity which is meant to be given to the whole conduct and effect of the Establishment, moral, medical, and œconomical, as well by an annual report of the state and proceedings, as by the constant facility of inspection, which will in an unusual manner be afforded by the very form and construction of the building, upon which the prompt and easy exercise of the superintending power of the Governor himself principally depends."
These advantages appear to the Committee of more importance, when the periods of the enlargement of the several Convicts now on board the Hulks are taken into consideration. The pernicious effects produced upon the unfortunate persons confined in these seminaries of vice; and the circumstance of 1411 destined to be enlarged in the course of 7 years, to afflict the Society from which they have been separated—the Committee consider as deserving of very serious consideration: and they conclude their view of the subject by expressing, an uncommon degree of solicitude, that no delay should take place in the execution of the contract with Mr. Bentham, "because it would deprive the Public for a longer time of the benefits of a plan, which they cannot but look to as likely to be productive of the most essential advantage, both in point of œconomy and Police."
The object in view is by the aid of ingenious machinery, to render the labour of every class of Convicts so productive to the Contractor, as to admit of their being maintained at 25 per cent. less than the expence incurred on board the Hulks; while a rational prospect is held out of reforming these Convicts and returning them upon Society, not only with purer morals, but with the knowledge of some trade or occupation by which they may afterwards earn their bread;—but this is not all.—The proposer of this important design insures to the Convicts, after the expiration of their time, the means of obtaining a livelihood; by setting up a Subsidiary Establishment, into which all who found themselves otherwise destitute of employment would be admitted, and where they would be continued in the exercise of the trades in which they were employed during their confinement.
It is, however, impossible to do justice to the merit of this Proposal, without laying it wholly before the Public. It seems to embrace every object calculated to remove the errors and difficulties of the present System, while it promises in a short time to relieve the Finances of the Country from the enormous and unparalleled expence which is incurred by the Establishment of the Hulks, and by Transportation to New South Wales.
PROPOSAL
FOR A NEW AND LESS EXPENSIVE MODE OF
EMPLOYING AND REFORMING CONVICTS.
The Author, having turned his thoughts to the Penitentiary System from its first origin, and having lately contrived a Building in which any number of persons may be kept within the reach of being inspected during every moment of their lives, and having made out, as he flatters himself, to demonstration, that the only eligible mode of managing an Establishment of such a nature, in a Building of such a construction, would be by Contract, has been induced to make public the following Proposal for Maintaining and Employing Convicts in general, or such of them as would otherwise be confined on board the Hulks, for 25 per cent. less than it costs Government to maintain them there at present; deducting also the average value of the work at present performed by them for the Public: upon the terms of his receiving the produce of their labour, taking on himself the whole expence of the BUILDING, fitting up and stocking,[152] without any advance to be made by Government for that purpose, requiring only that the abatement and deduction above-mentioned shall be suspended for the first year.
Upon the above-mentioned Terms, he would engage as follows:
I. To furnish the Prisoners with a constant supply of wholesome Food, not limited in quantity, but adequate to each man's desires.
II. To keep them clad in a state of tightness and neatness, superior to what is usual even in the Improved Prisons.
III. To keep them supplied with separate Beds and Bedding, competent to their situations, and in a state of cleanliness scarcely any where conjoined with liberty.
IV. To insure to them a sufficient supply of artificial warmth and light, whenever the season renders it necessary: and thereby save the necessity of taking them prematurely from their work, at such seasons (as in other places) as well as preserve them from suffering by the inclemency of the weather.
V. To keep constantly from them, in conformity to the practice so happily received, every kind of strong and spirituous liquor; unless where ordered in the way of medicine.
VI. To maintain them in a state of inviolable, though mitigated seclusion, in assorted companies, without any of those opportunities of promiscuous association, which in other places, disturb, if not destroy, whatever good effect can have been expected from occasional solitude.
VII. To give them an interest in their work, by allowing them a share in the produce.
VIII. To convert the prison into a school, and, by an extended application of the principle of the Sunday Schools, to return its inhabitants into the world instructed, at least as well as in ordinary schools, in the most useful branches of vulgar learning, as well as in some trade or occupation, whereby they may afterwards earn their livelihood. Extraordinary culture of extraordinary talents is not, in this point of view, worth mentioning: it would be for his own advantage to give them every instruction by which the value of their labour may be increased.
IX. To pay a penal sum for every escape, with or without any default of his, irresistible violence from without excepted; and this without employing irons on any occasion, or in any shape.
X. To provide them with spiritual and medical Assistants, constantly living in the midst of them, and incessantly keeping them in view.
XI. To pay a sum of money for every one who dies under his care, taking thereby upon him the insurance of their lives for an ordinary premium: and that at a rate grounded on an average of the number of deaths, not among imprisoned Felons, but among persons of the same ages in a state of liberty within the Bills of Mortality.
XII. To lay for them the foundation-stone of a provision for old age, upon the plan of the Annuity Societies.
XIII. To insure to them a livelihood, at the expiration of their terms, by setting up a Subsidiary Establishment, into which all such as thought proper, should be admitted, and in which they would be continued in the exercise of the trades in which they were employed during their confinement, without any further expence to Government.
XIV. To make himself personally responsible for the reformatory efficacy of his management, and even make amends, in most instances, for any accident of its failure, by paying a sum of money for every Prisoner convicted of a Felony after his discharge, at a rate, increasing according to the number of years he had been under the Proposer's care, viz. a sum not exceeding 10l. if the Prisoner had been in the Penitentiary Panopticon one year: not exceeding 15l. if two years; not exceeding 20l. if three years; not exceeding 25l. if four years; not exceeding 30l. if five years or upwards: such sum to be paid immediately on conviction, and to be applied to the indemnification of the persons injured by such subsequent offence, and to be equal in amount to the value of the injury, so long as it did not exceed the sums respectively above specified.
XV. To present to the Court of King's Bench, on a certain day of every Term, and afterwards print and publish, at his own expence, a Report, exhibiting, in detail, the state, not only moral and medical, but economical, of the Establishment; showing the whole profits, if any, and in what manner they arise; and then and there, as well as on any other day, upon summons from the Court, to make answer to all such questions as shall be put to him in relation thereto, not only on the part of the Court or Officer of the Crown, but, by leave of the Court, on the part of any person whatsoever; questions, the answer to which might tend to subject him to conviction, though it were for a capital crime, not excepted: treading under foot a maxim, invented by the guilty for the benefit of the guilty, and from which none but the guilty ever derived any advantage.
XVI. By neatness and cleanliness, by diversity of employment, by variety of contrivance, and above all, by that peculiarity of construction, which, without any unpleasant or hazardous vicinity, enables the whole Establishment to be inspected at a view, from a commodious and insulated room in the centre, the Prisoners remaining unconscious of their being thus observed, it should be his study to render it a spectacle such as persons of all classes would, in the way of amusement, be curious to partake of: and that, not only on Sundays, at the time of Divine Service, but on ordinary days, at meal-times, or times of work: providing thereby a system of superintendance, universal, unchargeable and uninterrupted, the most effectual and indestructible of all securities against abuse.
Such are the methods that have occurred to him for accomplishing that identification of "interest with duty," the effectuating of which, in the person of the Governour, is declared to be one of the leading objects of the Penitentiary Act.—[19 Geo. III. ch. 74.]
The station of Gaoler is not in common account a very elevated one: the addition of Contractor has not much tendency to raise it. He little dreamt, when he first launched into the subject, that he was to become a suitor, and perhaps in vain, for such an office. But inventions unpractised might be in want of the inventor: and a situation, thus clipped of emoluments, while it was loaded with obligations, might be in want of candidates. Penetrated, therefore, with the importance of the end, he would not suffer himself to see any thing unpleasant or discreditable in the means.
Outline of the Plan of Construction alluded to in the above Proposal.
The Building circular—about the size of Ranelagh—The Prisoners in their Cells, occupying the Circumference—The Officers, (Governor, Chaplain, Surgeon, &c.) the Centre.
By Blinds, and other contrivances, the Inspectors concealed (except in as far as they think fit to show themselves) from the observation of the Prisoners: hence the sentiment of a sort of invisible omnipresence.—The whole circuit reviewable with little, or, if necessary, without any change of place.
One Station in the Inspection-Part affording the most perfect view of every Cell, and every part of every Cell, unless where a screen is thought fit occasionally and purposely to be interposed.
Against Fire (if, under a system of constant and universal inspection, any such accident could be to be apprehended,) a pipe, terminating in a flexible hose, for bringing the water down into the central Inspection-Room, from a cistern, of a height sufficient to force it up again by its own pressure, on the mere turning of a cock, and spread it thus over any part within the Building.
For Visitors, at the time of Divine service, an Annular Gallery, rising from a floor laid immediately on the cieling of the Central Inspection-Room, and disclosed to view, by the descent of a central Dome, the superior surface of which serves, after descent, for the reception of Ministers, Clerk, and a select part of the Auditory: the Prisoners all round, brought forward, within perfect view and hearing of the Ministers, to the front of their respective Cells.
Solitude, or limited Seclusion, ad libitum.—But, unless for punishment, limited seclusion in assorted companies is preferred: an arrangement, upon this plan alone, exempt from danger. The degree of Seclusion fixed upon may be preserved, in all places, and at all times, inviolate. Hitherto, where solitude has been aimed at, some of its chief purposes have been frustrated by occasional associations.
The Approach, one only—Gates opening into a walled avenue cut through the area. Hence, no strangers near the building without leave, nor without being surveyed from it as they pass, nor without being known to come on purpose. The gates, of open work, to expose hostile mobs: On the other side of the road, a wall with a branch of the road behind, to shelter peaceable passengers from the fire of the building. A mode of fortification like this, if practicable, in a city, would have saved the London Prisons, and prevented the unpopular accidents in St. George's Fields.
The surrounding Wall, itself surrounded by an open palisade, which serves as a fence to the grounds on the other side.—Except on the side of the Approach no public path by that fence.—A Centinel's Walk between; on which no one else can set foot, without forcing the fence, and declaring himself a trespasser at least, if not an enemy. To the four walls, four such walks flanking and crossing each other at the ends.—Thus each Centinel has two to check him.
In contemplating the whole of this important design, it is impossible to avoid congratulating the Public on the prospect which now opens by a recent vote of Parliament,[153] for the purpose of carrying it speedily into effect.
It comprizes in its structure every thing humanity can dictate, or which a mind full of resource, and a judgment matured by great depth of thought could suggest, for the purpose of relieving Society from a dreadful and oppressive evil.
It is even to extend comforts to offenders in the course of punishment; and they are to be returned to Society after the period expires, not as at present, polluted and depraved beyond what the human mind can conceive; but impressed with the force of religious and moral instructions, with an abhorrence of their former course of life, and with a resource for obtaining an honest livelihood by the trade or occupation which they were taught during their confinement.—And if employment should fail, when at liberty to make their own election, an asylum is provided, into which they will be admitted, and where they may continue to exercise the trades in which they were employed during their confinement, with certain advantages to themselves.
These Convicts are, moreover, while in confinement, to have an interest in the work they perform, by being allowed a share of the produce, which may be either partly or wholly applied in laying the foundation-stone of a provision for old age, upon the plan of the Annuity Societies, which is to form one of the œconomical arrangements of this excellent Establishment.
Among many other advantages calculated to improve the morals of delinquents, and to render them useful to Society, it will possess, after a certain period, the singular faculty of extending to the Public these incalculable benefits, perhaps without any expence whatsoever; since it may be reasonably expected, that by training both Sexes to productive labour, extended and rendered valuable by the proposed introduction of ingenious machinery, it will hereafter become an object of advantage to new Contractors, (after the System is fully matured, and the profits arising from it clearly ascertained), to take upon them the conduct of the design, without stipulating for any annuity or assistance whatsoever from Government. Nay, the certainty of this profit, and its magnitude arising from labour alone, may, perhaps, ultimately even create a competition of Contractors, who, instead of receiving, will be induced to offer a premium to Government for the appointment to the situation; the value of which will be evidenced by the increasing annual profits.
It is, indeed, highly probable, that as the Institution advances to maturity, under a plan so admirably adapted to render labour productive in the greatest possible degree; in the same manner will the profits gradually increase year after year until they shall be rendered obvious and certain, and not as at present depending on speculative opinions.
The proposed annual report to the Court of King's Bench, through which medium the progressive profits will be generally promulgated, will create notoriety, and excite attention; and it is by no means improbable, that when the contract becomes open, by the decease of the two Gentlemen to whom the Public are to be indebted for this invention, that it will acquire a precise value, like any other saleable commodity.
This was exemplified in the instance of Convicts sent to America, which for a great length of time cost Government a large sum annually, until a discovery of the profits, arising from the disposal of the services of Felons, created a competition, which eased the Public of every expence whatsoever on account of their Transportation.
But these are not the only advantages which the Country will derive from this new Penitentiary System. Its success will rapidly change the œconomy of the many unproductive Houses of Correction, which have been erected at an enormous expence to the different Counties, under the Act of the 16th of Geo. III. cap. 43. Those in the management of these respective Establishments will gladly follow an example which mingles in so great a degree—humanity with reform and profit, thereby holding out a prospect both of diminishing crimes, and reducing the County Rates, now estimated by the Finance Committee at fifty thousand pounds a year for prisons, and criminal Police alone.
Such are some of the benefits which may be reasonably expected to arise from the proposed Penitentiary System. If they shall be realized to the extent which is contemplated, so as to render transportation, as well as the Hulks, unnecessary, the pecuniary saving to Government in twenty years will be immense. This may be ascertained by referring to a [preceding page], where the disbursements in the criminal department are inserted, which have taken place since the commencement of the American war, which rendered a new System necessary. If to this sum is added the expences incurred by the Counties, it will probably be found to have exceeded Two millions sterling in all.
But still further advantages may be contemplated in addition to those of a pecuniary nature.—By retaining delinquents in the Country, and rendering their labour profitable to the State, a new source of wealth is opened which never existed at any former period, since the labour of convicts transported, whether to America or New South Wales, has been totally unproductive to the Country.
The success of such a design, once clearly manifested, would give a new and favourable turn to the System of Punishments. Labour would be exacted in almost every case, not more for the benefit of the State than the advantage of the Prisoner, since labour and reform generally go hand in hand.—Without the aid of labour, it is in vain to expect an improvement in the morals or habits of delinquents—without an asylum to which discharged prisoners can resort for employment, their punishment produces no advantage. On the contrary, the vices of a Gaol send them forth more hardened in iniquity, and greater adepts in the trade of thieving than before.
Nothing, therefore, can be more hostile to the diminution of crimes than the present mode of punishment for small offences, by a short imprisonment, without being employed in useful and productive labour.
Under this defective System the different Gaols in the Metropolis and the Kingdom, are periodically vomiting forth hordes of Minor Delinquents, who serve as recruits to the more desperate gangs, and remain in a course of turpitude until cut off by the commission of higher offences. Some exceptions, doubtless, there are; but while the resource for honest labour is so effectually shut out, many who have totally lost character, and are without friends, seem to have no other resource.
To all who may be confined in the proposed Penitentiary Establishment, this difficulty will be removed.—A difficulty in the present state of things, the magnitude of which cannot be estimated, since it generates most of those evils to which are to be attributed the extensive corruption of morals, and the increase and multiplication of crimes.
Upon the whole, it would be expedient to give full effect to the new Penitentiary System as soon as possible; which, to use the language of the Select Committee, (p. 30.) "seems to bid fairer than any other that was ever yet offered to the Public, to diminish the Public expenditure in this branch, and to produce a salutary reform in the objects of the proposed institution."
At the same time for the purpose of rendering the System of Punishments useful in the greatest possible degree to the Community, and that they may operate, in the fullest extent, as an example, tending to the prevention of crimes, it would seem that the following general principles should be adopted.
1st. That examples of punishment by death, (except, perhaps, in cases of Murder), should only take place twice a year: and that the impression upon the Public mind may be stronger from the less frequency of such painful exhibitions, they ought on all occasions to be conducted with a degree of solemnity suited to the object in the view of the Legislature, when the life of a fellow-creature is sacrificed, that it may really prove useful in deterring others; and not be contemplated with indifference, as is too often the case at present, without making the least impression, or being in any degree beneficial to the great ends of Public justice.
2d. That the System of the Hulks should be at once wholly abandoned, as a source of great expence, producing in the result infinitely more evil than good, and thereby exhausting the Finances of the Country without any one beneficial consequence.
3d. That Transportation to New South Wales and Norfolk Island, should be limited to a few of the most depraved, incorrigible, and irreclaimable Convicts, whose vicious and ungovernable conduct, while under the discipline of a Penitentiary House, rendered their reform hopeless.—That shipments should only take place once in three years, and that the Civil and Military Establishment of the Colony should be gradually reduced, so as to bring the National Expenditure on this branch of Police within moderate bounds.
4th. That every thing should be done to accelerate the erection of National Penitentiary Houses.—That their capacity, including appendages, should be equal to the accommodation of 3,500 Convicts of all descriptions, so as to admit of different degrees of treatment and labour, according to the age, sex, and state of health of the Convicts.
5th. That the local Penitentiary Houses in the different Counties, destined for the Punishment of persons convicted of Larcenies, and other minor offences, should be conducted, as nearly as possible, upon the plan of the National Establishments; and also by contract, under circumstances where the labour of the Convicts may, by the resources of the Contractor, be rendered (without hardship) equal, or nearly equal, to the expence; a measure conceived to be almost, in every instance, practicable, where knowledge of business, stimulated by interest, shall form an ingredient in the executive management.
6th. That there should be attached to each County Penitentiary House, a Subsidiary Establishment, into which all discharged prisoners should be admitted who choose it, and where they might be continued in the exercise of the trades in which they were employed during their confinement, and for which they should receive wages in proportion to their earnings, until they could otherwise find a settled employment through an honest medium: thus giving those who are desirous of reforming an opportunity of sheltering themselves from the dangers of relapse, which arise from being afloat upon the Public—idle, and without the means of subsistence.
In carrying the Penitentiary System into effect, it ought not to escape notice, that the hardship imposed on Convicts, with respect to manual labour, would be no more than every honest artisan who works industriously for his family, must, during the whole course of his life, impose upon himself. The condition of a Convict would, even in some respects, be superior, inasmuch as he would enjoy medical assistance, and other advantages tending to the preservation of health, which do not attach to the lower classes of the people, whose irregularities not being restrained, while their pursuits and labours are seldom directed by good judgment and intelligence, often produce bad health, and extreme indigence and distress.
The difficulty which has heretofore been experienced with respect to productive labour in the Provincial Houses of Correction will vanish, when the System shall be exemplified in the National Penitentiary Establishment. To conduct a Plan of this nature with advantage to the Public and to the individual, an assemblage of qualities, dispositions, and endowments, which rarely meet in one man, will be necessary—namely, education, habits of business, a knowledge of the common affairs of life—an active and discriminating mind—indefatigable industry—the purest morals, and a philanthropic disposition, totally divested of those hurtful propensities which lead to idle amusements.
Such men are to be found, and would come forward, as Contractors, with ample security as often as opportunities offered, after the System became matured. It is only by the uncontrolled energy of talents, where duty and interest go hand in hand, that labour is to be obtained from Convicts.—No fluctuating management, nor any superintendance whatsoever, where a spring is not given to exertion by motives of interest, can perfect any Penitentiary design; or, indeed, any design where profit is to be derived from labour. Hence the ill success of almost all the well meant establishments with respect to the Poor, and to most of the local Penitentiary Houses. In some instances a few establishments at first hold out prospects of success; but at length they dwindle and decay, and in the result they have mostly all been unprofitable. The death or removal of an active or philanthropic Magistrate produces a languor, which terminates often in the ruin or the abandonment of the design.
The National Penitentiary System is guarded against this contingency; and until the local Establishments can enjoy equal advantages, success in any degree is scarcely to be expected, and permanent success is altogether hopeless.
The object to be attained is of great magnitude.—Let an appeal be, therefore, made to the good sense of the country, and to the feelings of humanity in behalf of an unfortunate and noxious class of individuals. Let the effects of the present System be candidly examined, in opposition to the benefits which may result from that which is proposed, and let the decision be speedy, that Society may no longer be tormented by the evils which arise from this branch of the Police of the country.
The suggestions which are thus hazarded on the subject of punishments, are by no means the refinements of speculation doubtful and uncertain in their issue.
The System accords either with what has been already enacted by the Legislature or recommended by the Finance Committee. And the whole has been admitted to be practicable under an able and permanent superintendence. A hope may, therefore, be indulged, that where the interest of Society and the cause of Humanity is so deeply concerned, a design which holds out so many advantages, will experience that general support which it unquestionably merits; since its object is not only to reclaim the Out-casts of the present generation, but also to rescue thousands yet unborn from misery and destruction.
CHAP. XVII.
The Police of the Metropolis examined—Its organization explained, with regard to that branch which relates to the prevention and suppression of Crimes.—The utility of the new System, established in 1792, examined and explained.—Reasons assigned why this System has not tended, in a greater degree, to the suppression and prevention of atrocious Crimes—Its great deficiency from the want of funds, by which Magistrates are crippled in their exertions, with regard to the detection and punishment of Offenders.—Reasons in favour of a New System.—The Police of the City of London (as now constituted) explained and examined.—Suggestions relative to established Justices, and the benefits likely to result from their exertions in assisting the City Magistrates: from whose other engagements and pursuits, that close and laborious attention cannot be expected which the Public interest requires.—The Magistrates of London the most respectable, perhaps, in the world.—The vast labour and weight of duty attached to the chief Magistrate.—The Aldermen have certain duties assigned them, which ought not, in justice to be augmented, as they act gratuitously.—The benefits which result to the Community from established Police Magistrates, considered in different points of view; and exemplified in the advantages which have arisen from the System under the Act of 1792.—General Reflections on the advantages which would arise from the various remedies which have been proposed in the course of this Work.—These benefits, however, only of a partial nature, inadequate to the object of complete protection, for want of a centre-point and superintending Establishment, under the controul of the first Minister of Police.—Reasons assigned in favour of such a System.—The advantages that would result from its adoption.—The ideas of enlightened Foreigners on the Police of the Metropolis explained.—Reflections suggested by those ideas.—Observations on the Police of Paris previous to the Revolution in France: elucidated by Anecdotes of the Emperor Joseph the Second and Mons. de Sartine.—The danger of an inundation of Foreign Sharpers and Villains on the return of Peace.—The situation of Europe requires, and the necessity of a well-regulated Police points out the utility of, a Central Board of Commissioners for Managing the Police.—This measure recommended by the Select Committee of Finance, since the publication of the last Edition of this Work.
HAVING in the preceding Chapters endeavoured to bring under the review of the Reader, not only those prominent causes which have occasioned that great increase of Public Wrongs, which every good man must deplore, but also the various classes of delinquents which compose the melancholy catalogue of human depravity; having also stated such observations and facts, relative to detection, trials, and punishments, as seemed to be necessary for the purpose of elucidating a subject of great importance to be understood; it remains now to explain and develope the System hitherto established for the purpose of protecting the Public against those enormities; and from which is to be expected that energy, and those exertions, which have been shewn to be so indispensably necessary, for the suppression and prevention of crimes.
The Police of this great Metropolis is undoubtedly a System highly interesting to be understood, although heretofore (as far as the Author has had access to know) it has never been, at any period, fully explained through the medium of the press;—and hence it is, that a vast proportion of those who reside in the Capital, as well as the multitude of strangers who resort to it, have no accurate idea of the principles of organization, which move so complicated a machine.
It has been already stated in a [preceding Chapter], that twenty-six Magistrates, forming that respectable body, comprehending the Lord-Mayor and Aldermen,[154] sit in rotation every forenoon, at the Mansion-house, and at Guildhall, and take cognizance of all matters of Police within the ancient jurisdiction of the City of London; while twenty-six established Magistrates appointed for every other part of the Metropolis,[155] including the River Police, having particular offices or courts of justice assigned them at convenient distances in Westminster, Middlesex, and Surry, sit every day (Sunday excepted) both in the morning and evening, for the purpose of executing all the multifarious duties, connected with the office of a Justice of the Peace, which unavoidably occur in large societies.[156]
This Institution of established Justices (except with regard to the three Magistrates at Bow-street, and the Justices at the Marine Police Office,) was suggested to the Legislature, in consequence of the pressure felt by the Public, from the want of some regular and properly-constituted Tribunals for the distribution of justice; where the System should be uniform; and where the purity of the Magistrates, and their regular attendance, might insure to the People, the adjustment of their differences, at the least possible expence; and the assistance of gratuitous advice in every difficulty; as well as official aid, in all cases within the sphere of the Magistrates in their respective districts.
The duty of these established Magistrates, (in conjunction with other Justices of the Peace, who find it convenient to give their assistance,) extends also to several important judicial proceedings; where, in a great variety of instances, they are empowered and required to hear and determine, in a summary way; particularly in cases relative to the customs, excise, and stamps—the game laws—hawkers and pedlars—pawn-brokers—friendly societies—highways—hackney coaches, carts, and other carriages—Quakers and others refusing to pay tythes—appeals of defaulters in parochial rates—misdemeanors committed by persons unlawfully pawning property not their own—bakers for short weight, &c.—journeymen leaving their services in different trades—labourers not complying with their agreements—disorderly apprentices—alehouse keepers keeping disorderly houses—nuisances by different Acts of Parliament—acts of vagrancy by fraudulent lottery insurers—fortune-tellers; or persons of evil fame found in avenues to public places, with an intent to rob—As well as a multitude of other offences, in which Justices have power to proceed to conviction and punishment, either by fine or imprisonment.
The duty of the Magistrates also extends to a vast number of other objects, such as licencing Public Houses, and establishing Rules and Orders for Publicans,[157] watching over the conduct of Publicans—swearing in, charging and instructing parochial constables and headboroughs from year to year, with regard to their duty—issuing warrants for privy searches; and in considering the cases of persons charged with being disorderly persons, or rogues and vagabonds, liable to be punished under the Act of the 17th of George II. cap. 5, and subsequent acts of Parliament—in making orders to Parish Officers, Beadles, and Constables, in a variety of cases—in Parish Removals—in billeting soldiers—in considering the cases of poor persons applying for assistance, or admission to workhouses—in granting certificates and orders to the wives of persons serving in the Militia, and also in attesting recruits, for the Army—in attending the General and Quarter Sessions of the Peace, and in visiting the Workhouses, Bride-wells, and Prisons.[158]
In addition to these various duties, many criminal cases occur in the course of a year, which are examined for the purpose, if necessary, of being sent to superior tribunals for trials:—such as charges of Treason, Murder, Coining, and uttering Base Money, Arson, Manslaughter, Forgery, Burglary, Larceny, Sedition, Felonies of various descriptions, Conspiracies, Frauds, Riots, Assaults, and Misdemeanors of different kinds:—all which unavoidably impose upon every official Magistrate, a weight of business requiring great exertion, and an unremitting attention to the Public Interest, in the due execution of this very important Trust.
When the Police System was first established in the year 1792, the public mind became impressed with an idea that the chief, if not the only, object of the institution was to prevent Robberies, Burglaries, and other atrocious Offences; and that the suppression of those crimes, which bore hardest upon Society, and were most dreaded by the Public at large, was to be the result. These expectations shewed, that neither the powers nor authorities granted by the Act of Parliament, nor the other duties imposed upon the Magistracy of the Police, were understood. For this Statute (useful as it certainly is in a very high degree in many other respects,) does not contain even a single regulation applicable to the prevention of crimes; except that which relates to the apprehension of suspected characters, found in the avenues to public places, with intent to commit felony; who are liable to be punished as rogues and vagabonds,—and even this provision does not extend to the city of London.
But this is not all—an establishment has been created, without the most necessary of all engines to give vigour and effect to the exertions of the Magistrates; namely, a pecuniary Fund to defray the expences of detecting criminals, and of rewarding those who bring informations useful to Public Justice. The expence of each Public Office being restricted to two thousand pounds a year, and the establishment in salaries, rents, taxes, and other contingencies exhausting that sum, nothing remains for one of the most necessary purposes of the Institution—the Prevention and the Suppression of Crimes.[159]
It is in vain to expect that either vigour or energy can enter into that part of the System, where a great deal of both is necessary, without Funds.
If criminals, at war with the Community, are to be detected—if risks are to be run to effect this purpose—if it is to be done, (as it must frequently be) at the hazard of the loss of health, and even of life, by watching desperadoes in the night time—if accurate informations are necessary, either to discover where stolen property is deposited, or where the delinquents are to be found; a Fund must be provided, or the Public cannot be protected. Those, whose province it is to watch over the Police must not expect that men, capable of giving them useful information, will return a second time, if they have not some adequate reward bestowed upon them for their labour, risk, and trouble. Without such power of granting small rewards, (so far as that part of his duty which relates to the discovery of property plundered, and the detection of the offenders is of importance to the Public,) a Magistrate is placed in the situation of a person pledged to work, without tools or implements of labour, by which he can in any respect accomplish his purpose. And hence it is, that among the numerous causes assigned in the course of this Work, for the increase of Crimes,—this is none of the least.
Not that it is meant that any additional burthen on the Public, by an extensive expenditure of money, would be necessary—A very moderate sum judiciously and œconomically laid out, would bring to Commissioners of the Police, or to the disbursing Magistrates, through some medium or other, an early account of most of the depredations committed upon the Public, as well as every circumstance relative to coiners and sellers of base money.—This would lead to the detection and apprehension of most of the offenders; and thereby strike such an universal terror, as (assisted by the other salutary regulations proposed in this Work) would soon reduce the number of Thieves, Coiners, and other delinquents; and thus, of course, diminish the ultimate and great additional expence which follows conviction, in all cases where felons are in the course of punishment.
In this view of the subject, it would prove a Regulation calculated greatly to reduce the aggregate expence; for surely, if a few guineas judiciously laid out, in the first instance, would save fifty afterwards to the State, it must be a wise and a good arrangement; and in this way it would probably operate. But this would not be the only saving to the Nation: by preventing crimes, all those concerned in projects of mischief must, instead of preying upon the industry of others, assist the State, by contributing their share to the national stock of labour.
Next to the want of a sufficient pecuniary Fund, the most obvious deficiency in the present System of executive Police in the Metropolis, is that which regards the Magistracy of the City of London; where the case is precisely reversed; for there the funds for the detection and discovery of offenders, may be made as ample as the Corporation shall think fit; but the want of a Stipendiary Establishment must prevent the operation of that System of vigour and energy, which the increase of Criminals and the present state of Society demand.
The Magistrates of the City of London form a body, perhaps the most respectable, and independent of any in the world; but besides the unavoidable, important, and multiplied affairs of the Corporation, in attending the various Courts of the Lord-Mayor—Aldermen—Common Council—Common Hall—Wardmotes—Conservancy—Courts of Requests—Court of Orphans—and General and Quarter Sessions of the Peace, and Justice Hall at the Old Bailey, they have avocations and engagements in business, which must necessarily occupy their minds. It cannot, therefore, reasonably be expected, that they should forego their own important private interests, and bestow upon the business of the Public that attention which their situation as Magistrates seems to require.[160]
The Chief Magistrate cannot, in the nature of things, while the immense load of municipal affairs, joined to his own private concerns, presses constantly upon his mind, bestow either time or attention in considering the cases of delinquents brought before him; or in following up informations, and devising plans necessary to detect offenders; and yet this detail of duty, even from the pass-vagrant to the most atrocious villain, is imposed on him, by ancient immemorial custom and usage; at the very moment when he is overpowered with other official business, of great magnitude and importance; which can be transacted by no other person. Hurried with constant engagements, inseparable from the functions and dignity attached to his high office, and the general government of the City, a Lord-Mayor is just beginning to understand the duties attached to the Chief Magistracy, at the period when he must lay it down.
The other Magistrates of the City having had a precise line of duty anciently chalked out, when Commerce and Society had made less progress, the same System continues; nor would it be proper to expect an augmentation of labour, or a greater proportion of time, from Magistrates who serve the Public gratuitously.—The unremitting attendance and indefatigable industry, which the Public interest requires, it would be vain and unjust to expect, from any but Magistrates selected for that purpose, and that only.[161]
With the increase of those blessings which are supposed to arise from a course of prosperity and wealth, there is generally an increase also of evils and inconveniences; and hence it is that while an influx of riches preponderates in one scale, an augmentation of crimes acts as a counterbalance in the other:—thus requiring the constant and progressive application of such antidotes and remedies as will preserve the good, while the evil is diminished or kept within bounds.
It seems that the Metropolis is now in that situation where the active and unceasing attention of Magistrates with salaries, has become necessary to promote a vigorous and energetic execution of the Law, for the general protection of property, and the safety of individuals.[162]
Contemplating the various existing evils detailed in this Work, and which form so many prominent features of Police, requiring the constant and watchful eye of the Magistrate, it seems clear to demonstration, that unless official duties become the sole business and pursuit of the parties engaged in them, the Public Interest must suffer; and (although imperceptible in their progress), Crimes will increase and multiply; at a time when the comfort, happiness and security of Society, require that they should be diminished.
In consequence also of the great accumulation of the Statute Laws, requiring the attention of Justices in a vast number of instances, which did not occur a century ago, their duty has so multiplied as to require the whole time of Magistrates acting in all great Societies; an observation which applies not merely to the Metropolis, but to many large Provincial Towns. It follows, therefore, almost as a matter of course, that Stipendiary Justices have become indispensably necessary.[163]
If men of business, integrity, and talents, could once be prevailed on to accept of such employments, and execute the trust reposed in them with zeal and attention to the public interest, and with firm and independent minds, attached to no Party, infinite advantages must result to the Community from their services.[164]
Where men of this description pledge themselves, as they must necessarily do, to give up every other pursuit, assiduously and constantly to execute the laborious duties of a Police Magistrate; Justice also requires that the reward should be commensurate to the sacrifices which are made. It is the interest of the Community that it should be so: for in the present extended state of Commerce and Society, no gratuitous System can ever be expected to answer any purpose of real utility.
While the higher order of Magistrates receive the just reward of their useful labour, bestowed in the exercise of their functions in promoting the public good—where can be the impropriety of extending the same species of remuneration to inferior Magistrates; who must devote even a greater portion of time and attention to the multifarious duties assigned them?
The office of Assistant Magistrates in the City might be assigned to six active and honourable men, who would give their whole attention to the criminal department of the Police. The proceedings of these Magistrates should be sanctioned by the presence of the Aldermen, as often as one or more could conveniently attend; on which occasions they would necessarily preside, as holding within their own district, the highest rank in the Magistracy.
The difference in point of benefit to the Community between a Mind constantly occupied in objects of public utility, and that which is only occasionally employed, is great beyond all possible calculation.—Nor is the measure without precedent, even in the City of London, since the Recorder may, in his high office, be fairly considered in the light of a Magistrate with a salary.
Ready on every occasion at their Sittings in the morning and evening, to offer their advice or assistance to the labouring people, as well as all ranks of the Community, who apply for it—to adjust their differences, and to protect them against wrongs and oppressions: prepared also, as a matter of business, to receive and follow up informations where crimes have been committed, and never to lose sight of the object while it is practicable to attain it; these Assistant Magistrates would afford incalculable advantages to the City: which would be still farther increased, if a System of co-operation of the other Police Magistrates were established, upon a plan which would unite their energy, and render their jurisdiction co-extensive. (See ante pages [419], [420]).
It is a well-known fact, that since the establishment of Police Magistrates for Westminster, and the parts of Middlesex and Surry, contiguous to the City of London, great benefits have been experienced from the assistance and advice which have been afforded to the indigent, and the ignorant.
Many quarrels and little law-suits have been prevented, and innumerable differences immediately reconciled without any expence.
It is in this manner that Magistrates, acting up to the spirit of their Public Duty, and bestowing their whole attention upon whatever relates to that duty, confer those obligations upon the Community which no moderate remuneration can repay.
The office of a Police Magistrate is not like other public situations:—for the business is multifarious, seldom admits of any recess or a vacation.—It is, or ought to be, constant, laborious, and without intermission.[165]
But with all these advantages, even improved by competent funds appropriated to the different Public Offices, still a Centre-point is wanted to connect the whole together, so as to invigorate and strengthen every part, by a superintending Establishment, under the immediate controul of the Secretary of State for the Home Department: There, indeed, the constitutional superintendence of the Police of the Metropolis, as well as of the whole country, rests at present; but from the vast weight and increase of other Public Business, connected with the general affairs of the State, foreign, colonial, and domestic, it has been found impracticable to pursue that particular System which has now become, more than ever, necessary for the detection of criminals. It seems then, that in executing a task so complicated and multifarious, a delegation of subordinate Responsible Management to a Central Board of Police should be resorted to: as the only means of giving strength, vigour, and energy to a System, heretofore only partially useful; and which, in its present disjointed state, is incapable of extending that Protection and Security, which has been shewn in the course of this Work, to be so much wanted, and so indispensably necessary.
To understand the Police of the Metropolis to that extent which is necessary to direct and superintend its general operations, it must be acted upon practically; and those who undertake the superintendence and management alluded to, must be men able, intelligent, prudent, and indefatigable: devoting their whole attention to this object alone. Clerks might be continually employed with great advantage in entering and posting up under the proper heads, such new information as should be obtained from day to day; and hours should be appointed for receiving such intelligence from all proper and well-informed persons, who might choose to offer the same; so far as such information related to Public wrongs, and offences against the peace, safety, and well-being of Society.
Under such a System, with a proper power of remunerating Officers and others, scarcely a Robbery, Burglary, Larceny, or fraudulent Transaction, could be committed, where the perpetrators would not be very speedily detected and brought to justice; for then the Magistrates, in their respective districts, would be enabled to act with confidence, vigour, and energy, in the discovery and apprehension of offenders;—and the effect would be to excite a general terror in the minds of every class of delinquents; which could not fail to operate strongly as a means of preventing crimes, and improving the morals and the happiness of the lower orders of the People.
In addition to this these responsible Commissioners of Police might, with great propriety, and with no little public utility, have committed to them the superintendence of all Receipts and Disbursements of the accounts, and of all monies applicable to objects of Police: these they should lay annually before Parliament, if required, accompanied by a General Report; that the Legislature, as well as the Public at large, might see in what manner the funds had been applied; and what progress had been made in the prevention of crimes, and in restoring among the Labouring People that sense of morality, which never, perhaps, was at a lower ebb than at present.
The most enlightened Foreigners who have visited this Metropolis, and contemplated the nature and organization of our Police System, join in one general remark upon it; viz.—"That we have some shadow of Police, for apprehending Delinquents, after crimes are actually committed; but none for the purpose of preventing them."—This certainly is, in one sense, literally true;—and from this source, combined with the imperfection of the Criminal Code, have arisen all those enormities and inconveniences already so amply detailed.
Attached to the Laws and Government of his country, even to a degree of enthusiasm, the Author of this Work will not be too prone to seek for greater perfection in other nations: or to quote them as examples to be imitated in the Metropolis of the British Empire; and still less if such examples should tend, in the slightest degree, to abridge that freedom which is the birth-right of every Briton. But as all true liberty depends on those fences which are established in every Country, for the protection of the Persons and Property of the People, against every attack whatsoever: and as prejudices ought to be banished from the mind in all discussions tending to promote the General Weal, we ought not to be ashamed of borrowing good Systems from other Nations; wherever such can be adopted, consistent with the Constitution of the Country, and the Liberty of the Subject.
In France, under the Old Government, how much soever many parts of the System of that Country were justly reprobated, by all who were acquainted with the blessings of Freedom, yet, in the management and regulation of what was denominated The Police, there existed that kind of Establishment, with regard to personal security, and protection against the depredations of the most depraved part of the community, which Englishmen have certainly never enjoyed; who, on the contrary, have suffered manifold inconveniences from an idea, (surely a very erroneous one,) "that we must endure these public wrongs, and expose our property and lives to the attack of murderers, robbers, and highwaymen, as the price of Liberty."
When difficulties are felt, it is our duty to look at them dispassionately; to face them with fortitude, and to discuss them with intelligence—divested of all prejudices generated merely by habit and education. By pursuing this mode of investigation, it will be discovered that in other Governments there may be some Establishments worthy of imitation; and which, perhaps, might in part be adopted, not only in perfect consistency with the Freedom of the Subject; but with the advantage of extending to the mass of the People, who are not in a course of delinquency, more real liberty than they at present enjoy.—
At the commencement of the troubles in France, it is a curious fact, that the Lieutenant-General of the National Police, as well as that of the Metropolis, had upon his Registers the names of not less than twenty thousand suspected and depraved characters, whose pursuits were known to be of a criminal nature; yet, by making this part of Police the immediate object of the close and uniform attention of one branch of the Executive Government, Crimes were much less frequent than in England; and the security extended to the Public, with regard to the protection of Life and Property against lawless depredation, was infinitely greater.—To elucidate this assertion, and to shew to what a wonderful height the System had advanced, the Reader is referred to the following Anecdotes; which were mentioned to the Author by a Foreign Minister of great intelligence and information, who resided some years at the Court of France.
"A Merchant of high respectability in Bourdeaux had occasion to visit the Metropolis upon commercial business, carrying with him bills and money to a very large amount.
"On his arrival at the gates of Paris, a genteel looking man opened the door of his carriage, and addressed him to this effect:—Sir, I have been waiting for you some time; according to my notes, you were to arrive at this hour; and your person, your carriage, and your portmanteau, exactly answering the description I hold in my hand, you will permit me to have the honour of conducting you to Monsieur De Sartine.
"The Gentleman, astonished and alarmed at this interruption, and still more so at hearing the name of the Lieutenant of the Police mentioned, demanded to know what Monsieur De Sartine wanted with him; adding, at the same time, that he never had committed any offence against the Laws, and that he could have no right to interrupt or detain him.
"The Messenger declared himself perfectly ignorant of the cause of the detention; stating, at the same time, that when he had conducted him to Monsieur De Sartine, he should have executed his orders, which were merely ministerial.
"After some further explanations, the Gentleman permitted the Officer to conduct him accordingly. Monsieur De Sartine received him, with great politeness; and after requesting him to be seated, to his great astonishment, he described his portmanteau; and told him the exact sum in bills and specie which he had brought with him to Paris, and where he was to lodge, his usual time of going to bed, and a number of other circumstances, which the Gentleman had conceived could only be known to himself.—Monsieur De Sartine having thus excited attention, put this extraordinary question to him—Sir, are you a man of courage?—The Gentleman, still more astonished at the singularity of such an interrogatory, demanded the reason why he put such a strange question, adding, at the same time, that no man ever doubted his courage. Monsieur De Sartine replied,—Sir, you are to be robbed and murdered this night!—If you are a man of courage, you must go to your hotel, and retire to rest at the usual hour: but be careful that you do not fall asleep; neither will it be proper for you to look under the bed, or into any of the closets which are in your bed-chamber; (which he accurately described);—you must place your portmanteau in its usual situation, near your bed, and discover no suspicion:—Leave what remains to me.—If, however, you do not feel your courage sufficient to bear you out, I will procure a person who shall personate you, and go to bed in your stead.
"The Gentleman being convinced, in the course of the conversation, that Monsieur de Sartine's intelligence was accurate in every particular, he refused to be personated, and formed an immediate resolution, literally, to follow the directions he had received: he accordingly went to bed at his usual hour, which was eleven o'clock.—At half past twelve (the time mentioned by Monsieur De Sartine), the door of the bed-chamber burst open, and three men entered with a dark lantern, daggers and pistols.—The Gentleman, who of course was awake, perceived one of them to be his own servant.—They rifled his portmanteau, undisturbed, and settled the plan of putting him to death.—The Gentleman, hearing all this, and not knowing by what means he was to be rescued, it may naturally be supposed, was under great perturbation of mind during such an awful interval of suspense; when, at the moment the villains were preparing to commit the horrid deed, four Police Officers, acting under Mons. De Sartine's orders, who were concealed under the bed, and in the closet, rushed out and seized the offenders with the property in their possession, and in the act of preparing to commit the murder.
"The consequence was, that the perpetration of the atrocious deed was prevented, and sufficient evidence obtained to convict the offenders.—Monsieur De Sartine's intelligence enabled him to prevent this horrid offence of robbery and murder; which, but for the accuracy of the System, would probably have been carried into execution."
Another Anecdote, was mentioned to the Author by the same Minister, relative to the Emperor Joseph the Second: "That Monarch, having, in the year 1787, formed and promulgated a new Code of Laws relative to criminal and civil offences;[166] and having also established what he conceived to be the best System of Police in Europe, he could scarcely ever forgive the French Nation, in consequence of the accuracy and intelligence of Mons. De Sartine having been found so much superior to his own; notwithstanding the immense pains he had bestowed upon that department of his Government.
"A very notorious offender, who was a subject of the Emperor, and who committed many atrocious acts of violence and depredation at Vienna, was traced to Paris by the Police established by His Majesty, who ordered his Ambassador at the Court of France to demand that this delinquent should be delivered up to Public Justice.
"Mons. De Sartine acknowledged to the Imperial Ambassador, that the person he inquired after had been in Paris;—that, if it would be any satisfaction, he could inform him where he had lodged, and the different gaming-tables, and other places of infamous resort, which he frequented while there;—but that he was now gone.—
"The Ambassador, after stating the accuracy and correct mode by which the Police of Vienna was conducted, insisted that this offender must still be in Paris; otherwise the Emperor would not have commanded him to make such an application.
"Monsieur de Sartine smiled at the incredulity of the Imperial Minister, and made a reply to the following effect:—
"Do me the honour, Sir, to inform the Emperor, your Master, that the person he looks for left Paris on the 10th day of the last month; and is now lodged in a back room looking into a garden in the third story of a house, number 93, in —— street, in his own Capital of Vienna; where his Majesty will, by sending to the spot, be sure to find him.—
"It was literally as the French Minister of Police had stated.—The Emperor, to his astonishment, found the delinquent in the house and apartment described; but he was greatly mortified at this proof of the accuracy of the French Police; which, in this instance, in point of intelligence even in Vienna, was discovered to be so much superior to his own."—
The fact is, that the French System had arrived at the greatest degree of perfection; and though not necessary, nor even proper, to be copied as a pattern, might, nevertheless, furnish many useful hints, calculated to improve the Police of this Metropolis, consistent with the existing Laws; and even to extend and increase the Liberty of Subject without taking one privilege away; or interfering in the pursuits of any one class of individuals; except those employed in purposes of mischief, fraud, and criminality.
The situation of this Country, (indeed of every country in Europe,) has changed materially since the dissolution of the ancient Government of France.—The horde of sharpers and villains, who heretofore resorted to Paris from every part of Europe, will now consider London as their general and most productive theatre of action; for two obvious reasons:—1st. Paris being exhausted of riches, its Nobility banished, and the principal part of the active property there annihilated, the former resources for the support of criminal and depraved characters no longer exist; while that Metropolis holds out no allurements similar to what were formerly experienced. 2dly. The ignorance of the English language (a circumstance which formerly afforded us some protection), will no longer be a bar to the resort of the continental sharpers to the Metropolis of this kingdom. At no period was it ever so generally understood by Foreigners; or the French language so universally spoken, by at least the younger part of the People of this Country.—
The spirit of gaming and dissipation which prevails in London, promoted already in no inconsiderable degree by profligate characters from the Continent, the opulence of the People, and the great mass of active property in circulation, will afford a wide field for the exercise of the invention and wits of that description of men, both foreigners and natives, who infested Paris under the old Government, and which rendered a more than ordinary attention to its Police indispensably necessary.—
The termination of the present war will probably throw into this country a vast number of idle, profligate, and depraved characters, natives of this, as well as of other nations, who will require to be narrowly watched by a vigilant and well-regulated Police. The probability of such an accession to the numbers already engaged in acts of delinquency, serves to establish new and incontrovertible arguments in favour of the proposed Board of Responsible Commissioners, for managing the affairs of the Police of the Metropolis; to form a Centre-point, and to bind the System together.
To be well prepared against every possible evil, is one great step towards prevention; and among the many advantages already detailed, as likely to result from a Board of Police Revenue, this would be none of the least.
In every view in which the subject can be considered, such a System, strengthened by good and apposite Laws, could not fail to be productive of vast benefits to the Community. Petty Thefts affecting all ranks who have any property to lose, and destroying the moral principle, would be greatly abridged:—as would also the plunder from vessels in the River Thames, as well as from the public Arsenals, Dock-yards, and Ships of War. The more atrocious Crimes of Burglary and Highway Robbery, would suffer a severe check, in the embarrassments which would arise from the System of detections and Rewards—from the restrictions proposed to be laid upon Receivers of Stolen Goods; upon Night Coaches,—and from other regulations applicable to those particular offences. A large proportion of the Coiners, Dealers, and Utterers of Base Money, feeling the risk of detection, as well as of punishment, greatly extended and increased, would probably abandon the business as hazardous and destructive. The completion of the General System would also, either collaterally or immediately, reach the tribe of Cheats, Swindlers, and Lottery Offenders, in such a manner as to occasion a considerable reduction of their number, by narrowing the ground, and destroying the resources by which they at present flourish.
The establishment of such a System would be an immediate benefit to every man of property, as an individual, independent of the Public at large; but even in another point of view, it is doubly necessary at this juncture, when new events are daily occurring, of a nature truly interesting to the peace and well-being of Society, and to the tranquillity of the State; rendering it more than ever necessary to establish a System of unremitting vigilance. It is a fact well established, that it was principally through the medium, and by the assistance, of many of the twenty thousand miscreants who were registered, previous to the anarchy of France, on the books of the Lieutenant of Police, that the contending Factions in that distracted country, were enabled to perpetrate those horrid massacres and acts of atrocity, which have been beheld with detestation, abhorrence, and astonishment, by every civilized nation in the world.
Let it be recollected, at the same time, that Mankind, in a state of depravity, arising from a long course of criminal turpitude, are nearly alike in every country; and that it becomes us to look with a jealous eye on the several thousand miscreants of the same description which now infest London; for they too, upon any fatal emergency, (which God forbid!) would be equally ready as their brethren in iniquity were, in Paris, to repeat the same atrocities, if any opportunity offered.
As the effectuating such an object has become so great a desideratum;—and as it is to confer those blessings which spring from a well-regulated Police, calculated to extend a species of protection[167] to the inhabitants of this great Metropolis, which has never been heretofore experienced:—it can scarcely fail to be a matter of general satisfaction to know that the Select Committee of the House of Commons on Finance, have strongly recommended to Parliament a System of Police, similar to that which had been submitted to the consideration of the Public in the former editions of this Work.
In order that improvements, sanctioned by such high authority, and the adoption of which are so important to the best interests of Society, may be fully explained and elucidated; a detail of the measures, which have been recommended, with general observations on the proposed System, are reserved for the [ensuing Chapter].
CHAP. XVIII.
The System of Police recommended by the Select Committee on Finance explained.—A proposition to consolidate the two Boards of Hawkers and Pedlars, and Hackney Coaches, into a Board of Police Revenue.—The whole Revenues of Police from Fees, Penalties, and Licence Duties, to make a common Fund.—Accounts to be audited.—Magistrates to distribute small Rewards.—A power to the Board to make Bye-Laws.—A concurrent jurisdiction recommended—also the Penitentiary House for reforming Convicts.—Other measures proposed after the Board is established—namely, a Public Prosecutor for the Crown—A Register of Lodging Houses—The establishment of a Police Gazette.—Two leading objects to be attained—The prevention of Crimes: and raising a Revenue for Police purposes.—The enumeration of the Dealers who are proposed to be Licenced.—A General View of the annual expence of the present Police System. Observations on the effect of the System recommended by the Finance Committee, with respect to the Morals and Finances of the Country.—Suggestions respecting a chain of connection with Magistrates in the Country, and the mode of effecting it.—Licences to be granted by select Magistrates in the Country, and by the Central Board in London and the neighbourhood.—The Functions of the proposed Board explained.—Specifications of the Trades to be regulated and Licenced.—General Reflections on the advantages likely to result from the adoption of the plan recommended by the Finance Committee.—Concluding Observations.
IMPRESSED with a deep sense of the utility of investigating the nature of the Police System, the Select Committee of the House of Commons on Finance turned their attention to this, among many other important objects in the Session of the year 1798; and, after a laborious investigation which occupied several months, (during which period the Author of this Treatise underwent several examinations),[168] they made their final Report—in which, after stating it as their opinion, "that the general tendency of our œconomical arrangements upon this subject is ill calculated to meet the accumulating burdens, which are the infallible result of so much error in our System of Police"—they recommended it to Parliament to reduce or consolidate "the two offices of Hawkers and Pedlars, and Hackney Coaches, into a Board of Police Revenue, under the direction of a competent number of Commissioners, with such Salaries as should bid fair to engage talents adequate to the situation, and as should be sufficient to command the whole exertion of those talents.—That the Receiver of the Police offices, should be the Receiver-General of the funds proposed to be collected by this Board.—That the superintendence of aliens should form a part of its business.—That the fees and penalties received at the several offices of Police, together with the Licence-duties and penalties, if any, which shall be in the collection of this consolidated Board, shall make one common fund, out of which all salaries and expences of the several offices of Police should be defrayed, as well as all those of the Consolidated Board, and that all payments whatever should be made by the Receiver, under the sanction of this Board, subject to the approbation of the Lords Commissioners of his Majesty's Treasury.—That the accounts of the Receiver should be audited and signed by the Board before being delivered to the Treasury, or the office for auditing accounts.—That the balances in the hands of the Receiver, after retaining what may be sufficient for current expences, should be paid into the Exchequer at frequent and fixed periods.—That Magistrates of Police should be impowered to distribute small rewards to Constables or others, for meritorious services, to be paid by the Revenue, after receiving the sanction of the Board: And further, that the Board should have power to make Bye-laws, for the regulation of such Minor Objects of Police as relate to the objects of their superintendence, and to the control of all Coaches, Chairs, Carts, Barrows, and the conduct of all Coachmen, Chairmen, Carters, &c. and the removal and prevention of annoyances, and the correction of all offences against the cleanliness, the quiet, and the free passage of the Streets of the Metropolis, similar to the powers now possessed by the Commissioners of Hackney Coaches, and subject in like manner to the approbation of the Superior Judges in the Courts in Westminster-Hall."—The Committee further recommend that two additional Police Offices should be established in the City of London, consisting each of three Magistrates, to be named by the Lord Mayor and Aldermen, and paid out of the General funds, and to have Commissions from the Crown, extending over the whole Metropolis, and the Counties of Middlesex, Kent, Essex, and Surry; and that the Commissions of the Magistrates of the other eight Offices should extend in like manner over the whole Metropolis, and the four above-mentioned Counties.[169] And finally, the Committee recommend that no time should be lost in carrying into effect the Plan and Proposal of Jeremiah Bentham, Esq. for employing and reforming Convicts, as a measure which bids fairer than any other that was offered to the Public, to diminish the Public expenditure in this branch, and to produce a salutary Reform in the object of the proposed Institution.
Other measures are stated by this Committee as well calculated to facilitate the means of detection and conviction of Offenders, and to reduce the expence which is now borne by the Public, or sustained by private Individuals, in the maintenance of a very inefficient Police; while they seem calculated to lessen the growing Calendars of Delinquency, but which may be better matured after the consolidation of the Offices here proposed shall have taken place.—"Such as the appointment of Counsel for the Crown, with moderate Salaries, to conduct all Criminal Prosecutions, and rendering the Solicitor to the Board useful, either in such Prosecutions as any of the Public Officers might find it necessary to institute; or in such Criminal Prosecutions at the suit of Individuals, as the Public Justice of the Country should render expedient.—Such as a Register of Lodging-houses in the Metropolis.—Such as the establishment of a Police Gazette, to be circulated at a low price, and furnished gratis to all persons under the superintendence of the Board; who shall pay a licence duty to a certain amount: And such also as an Annual Report of the state of the Police of the Country."
In considering this Report in general, it is no slight gratification to the Author of this Treatise, to discover that all the great features of his original design for giving to Police its genuine character, unmixed with those judicial Powers which lead to punishment, and properly belong to Magistracy alone, have been sanctioned by such high authority.
In taking a general view not only of what is specifically recommended by the Select Committee of the House of Commons; but also of the Report itself, two leading objects appear to be in contemplation, namely—
1st. The prevention of crimes and misdemeanors, by bringing under regulations a variety of dangerous and suspicious trades;[170] the uncontrolled exercise of which by persons of loose conduct, is known to contribute in a very high degree to the concealment, and by that means to the encouragement and multiplication of crimes.
2d. To raise a moderate Revenue for Police purposes from the persons who shall be thus controlled, by means of Licence Duties, and otherwise so modified as not to operate as a material burden; while a confident hope is entertained, that the amount of this revenue will go a considerable length in relieving the finances of the country, of the expences at present incurred for objects of Police, and that, in the effect of the general System, a considerable saving will arise, in consequence of the expected diminution of crimes, particularly as the chief part of the expence appears to arise after delinquents are convicted.[171]
By the consolidation of the two Boards of Hackney Coaches, and Hawkers and Pedlars, the functions of the Commissioners will become very extensive and laborious, since in addition to the inspection and control of the different suspicious trades proposed to be licenced, it will be useful to the Public, and, indeed, the System will be incomplete, unless they not only keep constantly in their view the general Calendar of delinquency; but also carry into effect such plans as, on mature deliberation, and (many will unquestionably be found practicable), shall, in a great measure, prevent the terror—dangers—losses and inconveniences which arise from foot-pad and highway robberies, burglaries, and other atrocious offences, which are so prevalent in and near the Metropolis at present.—This duty will naturally attach to the Central Board, and which the Commissioners, (from the accurate information their situation will enable them to procure, and the Civil Force they may have at their disposal,) will be well qualified to execute with advantage to the Community; and while competent pecuniary resources will arise from the Licence Duties imposed, aided by legislative regulations, applicable to this, and other objects tending to the general prevention of Crimes, blame may fairly be imputed wherever a considerable degree of success is not manifest, by the gradual diminution of the more atrocious, as well as the minor offences.
The Select Committee of the House of Commons having stated it as their opinion, that the principle upon which the plan which has been brought under their review is founded, "if liable to no error; and that supposing it faithfully executed it gives the fairest prospect of success:" the Public will naturally become anxious for an enjoyment of the benefits which may be expected to result from its adoption.
As its leading feature is the security of the rights of the innocent, with respect to their Life, Property, and Convenience, the measures of this board must, in a peculiar degree, be directed with prudence and discretion to this particular object. This will be effected not only by increasing the difficulty of perpetrating offences, through a control over those Trades by which they are facilitated and promoted, but also by adding to the risk of detection, by a more prompt and certain mode of discovery wherever crimes are committed. Thus must the idle and profligate be compelled to assist the State, by resorting to habits of industry, while the more incorrigible delinquents will be intimidated and deterred from pursuing a course of turpitude and criminality, which the energy of the Police will render too hazardous and unprofitable to be followed up as a trade; and the regular accession of numbers to recruit and strengthen the hordes of criminal delinquents, who at present afflict Society, will be in a great measure prevented.
These objects (in the opinion of the Select Committee) are to be attained by the establishment of a Central Board of Police Revenue; the views of the Members of which should be directed to the means of adding "Security to the Person and Property of the peaceful Subject; the Morals of the People, and the general Finances of the Country; by those powers of action which are likely to operate most beneficially towards the prevention of Crimes."
To accomplish these purposes it would seem, (after mature deliberation), to be necessary not only to extend the Licensing System over the whole Kingdom; but also to form a chain of connection between the Central Board, and every district of the Country, with a view as well to a more effectual Control ever those suspicious Traders, who are to become immediate objects of attention on the part of the Police, as to establish a more correct and certain mode of collecting the proposed Revenue.
This chain of connection would appear to be only attainable through the medium of Select local Magistrates,[172] to whom a certain degree of responsibility would attach, and who by means of Stationary Surveyors, (being Constables), appointed by themselves, and under their immediate Control, would be enabled to superintend the collection of the Licence Duties, and in a particular manner to inspect into, and regulate the general Police of the District, while in conjunction with other Justices in the division, they granted the Annual Licences to the different Dealers upon the same plan which is at present pursued with respect to Alehouses.
From this general rule, however, on account of the peculiar situation of the Metropolis, a deviation might be necessary and useful to the Public. It would, therefore, seem that the Dealers resident within a certain distance round the Metropolis, should receive their Licences from the Central Board, and be immediately under its control.—The advantages resulting from this arrangement are obvious.—The chief part of the Receivers, and Criminal Dealers, who contribute in so great a degree to the increase and concealment of the numerous offences, which are committed in and near the Metropolis, require that the superintendance should not be divided, but that it should be confined entirely to the Board, where all intelligence is supposed to center; and whose peculiar duty it will be to watch the progress of Crimes in all their ramifications, and to adopt measures for preventing the growing corruption of Morals, by which every species of delinquency is generated.
For the purpose therefore of compassing this and every other object in the view of the Select Committee, it is suggested that the proposed Board should be authorized to exercise the following