But the deficiency of the Criminal Code does not arise solely from an erroneous and undigested scale of penalties and punishments. While on the one hand, we have to lament the number of these applicable to certain offences of a slight nature; we have equally to regret, that there exist crimes of considerable enormity, for the punishment of which the Law has made no provision.
Among the most prominent of these crimes, may be ranked the receiving Cash or Specie, Bank-Notes or Bills, knowing them to be stolen.
To this very high offence, in its nature so productive of mischief in a Commercial Country, no punishment at all attaches; inasmuch as Specie, Notes and Bills, are not considered for this purpose to be Goods and Chattels; and the law only makes it a crime to receive property so described.
If therefore a notorious Receiver of stolen goods shall be convicted of purchasing a glass bottle or a pewter pot, he is liable to be punished severely; but if he receives ten or twenty thousand pounds in Cash, Bank Notes, or Bills, he escapes with impunity![6]
Innumerable almost are the other instances which could be collected from Reporters of Criminal Cases, shewing the deficiency of the Criminal Code; and in how many instances substantial justice is defeated, and public wrongs are suffered to go unpunished, through the objections and quibbles constantly raised in Courts of Justice; and which are allowed to prevail, principally, for want of that revision of our laws and those amendments which the present state of Society and Commerce requires.
One of the chief nurseries of Crimes is to be traced to the Receivers of Stolen Property.
Without that easy encouragement which these Receivers hold out, by administering immediately to the wants of criminals, and concealing what they purloin, a Thief, a Robber, or a Burglar, could not in fact, carry on his trade.
And yet, conclusive and obvious, as this remark must be, it is a sorrowful truth, that in the Metropolis alone there are at present supposed to be upwards of Three Thousand Receivers of various kinds of stolen Goods; and an equal proportion all over the Country, who keep open shop for the purpose of purchasing at an under-price—often for a mere trifle,—every kind of property brought to them; from a nail, or a glass bottle, up to the most valuable article either new or old; and this without asking a single question.
It is supposed that the property, purloined and pilfered in a little way, from almost every family, and from every house, stable, shop, warehouse, workshop, foundery, and other repository, in and about the Metropolis, may amount to about £.700,000 in one year, exclusive of depredations on ships in the River Thames, which, before the establishment of the Marine Police System in June 1798, were estimated at half a million more, including the stores and materials!—When to this is also added the Pillage of his Majesty's stores, in ships of war, Dock-yards, and other public repositories, the aggregate will be found in point of extent, almost to exceed credibility!
It is a melancholy reflection to consider how many individuals, young and old, who are not of the class or description of common or even repeated thieves, are implicated in this system of depredation; who would probably have remained honest and industrious, had it not been for the easy mode of raising money, which these numerous Receivers of stolen goods hold out in every bye-street and lane in the Metropolis: In their houses, although a beggarly appearance of old iron, old rags, or second-hand clothes, is only exhibited, the back apartments are often filled with the most valuable articles of ship-stores, copper-bolts and nails, brass and other valuable metals, West-India produce, household goods and wearing apparel; purchased from artificers, labourers in the docks, lumpers, and others employed on the River Thames, menial servants, apprentices, journeymen, porters, chimney-sweepers, itinerant Jews, and others; who, thus encouraged and protected, go on with impunity, and without the least dread of detection, from the easiness of access, which their various employments give them, plundering every article not likely to be missed, in the houses or stables of men of property; or in the shops, ware-houses, founderies, or work-shops of manufacturers; or from new buildings; from ships in the river; nay even from his Majesty's stores, and other repositories, so that in some instances, the same articles are said to be sold to the Public Boards three or four times over.