By statute 38 Geo. III. c. 67, Copper Coin not being the legal Copper Coin of this realm, and all counterfeit gold or silver coin whatever, exported, or shipped for exportation, to Martinique or any of the British Colonies in the West Indies or America, is declared to be forfeited, and may be seized as under the laws respecting the Customs.—And a penalty is imposed on persons exporting it, of £.200 and double the value of the coin.
We next proceed to state the deficiencies which still remain unremedied.
1. The punishment inflicted on the different offences specified in the Coinage Laws, do not seem to be adequate to the degree of enormity, in some instances; while in others, from being too severe, the law is not always put in execution. The sale of base Money (for instance) under the value it imports, is only punishable by a year's imprisonment; although in point of fact, it is well known, that the Sellers are the Employers of the Coiners; that with them this high offence originates, and but for them it would not have been committed: while the actual Coiners, who work for these Dealers merely as Journeymen, subject themselves to the punishment of Death.
2. Prosecutions under the stat. 8 & 9 W. III. c. 26, are at present limited to commence within three months. This may often defeat justice, as offences committed in the country frequently cannot be tried in less than four, five, and in some cases nearly six months. ☞ The limitation to twelve months would remove the difficulty. [There is no such limitation in the statutes of 37 & 38 of Geo. III. just alluded to.]
3. The words Milled Money seemed necessary, in the minds of the makers of the act of 8 & 9 William III. cap. 26, to form the description of coin similar to the current Coin of the Realm; and that Act declares it to be felony to take, receive, pay, or put off counterfeit milled Money.—A considerable portion of counterfeit Coin is cast, and not milled. ☞ The words counterfeit Money, Milled or not Milled, would remove the ambiguity.
4. It does not appear that any provision is clearly made, or punishment inflicted, for the offence of uttering base silver Money in exchange, as well as in payment: except under stat. 8 and 9 Will. III. cap. 26, where the expression of counterfeited milled money is used, the ambiguity of which has already been noticed. The words in the stat. 15 Geo. II. c. 28. are, "any person who shall utter or tender in payment," and it seems that the word utter cannot be detached from the subsequent words, "in payment." [The partial remedy applied in this particular in the instance of counterfeit foreign gold and silver coin, under 37 Geo. III. c. 126, should be extended to all cases of counterfeit money.]
5. The laws peculiarly relating to the Copper Coinage, although more modern, have also been found to be extremely defective, and totally inadequate to their object. The Act of the 11th of his present Majesty, cap. 40, indeed, makes it felony to sell Copper Money of the similitude of the current Money of the Realm at a less value than the denomination doth import; but the benefit of Clergy not being taken away, and no specific punishment being mentioned, the offenders are generally subjected only to a year's inprisonment, which proves no check whatever, as their families carry on business in the mean time; and if they sell plain or evasive Halfpence, or what are called Irish Harps, or mix them with stamped Half-pence, similar to the current Coin of the Realm, so that the stamped Coin does not exceed the value of what the denomination imports, it is doubtful whether the prosecution will not fail.
☞ It is submitted, that a statute ought to be framed, declaring it Felony, punishable by seven years' transportation: 1st. For any person to make or manufacture any piece of Copper or other metal, with or without any device whatsoever, with an intent that it shall pass as the Copper Monies of the Kingdoms of Great Britain or Ireland. 2nd. For any smith, engraver, founder, &c. or any person, except those employed in the Mint, or authorized by the Treasury, to make or mend, buy or sell, conceal or have in their possession, without a lawful excuse, any puncheon, stamp, die, mould, &c. on which shall be impressed, or with intent that there shall be impressed on the same, any resemblance whatever, in part or in the whole, of such Copper Monies. 3d. For any person to buy or sell, or offer to buy or sell, or to utter or tender in payment, or to give or offer to give in exchange, thirty or more pieces of Copper in any one day; such piece resembling or being intended to resemble, or passing or being intended to pass as the current Copper Money of the said kingdoms.
That such proposed statute should also make it a misdemeanor (punishable by a fine of 40s. for the first offence, £5. for the second, and £10. for every subsequent offence) for any person to buy, sell, utter, &c. any number less than thirty of such pieces of Copper, resembling or intended to resemble or pass, &c. as such current Copper Money. The fines to be recoverable in a summary way before one magistrate. This would reach Turnpike-men and others, who wilfully pass bad Halfpence at one gate which are refused at another: and would generally check the circulation of base Copper Money, which has become an evil of great magnitude.
6. The laws, as they now stand, are silent regarding Provincial Copper Coin, or what are called Tokens, representing an Halfpenny. It might perhaps be useful to legalize Tokens or Provincial Coins on three conditions. ☞ 1. That the Copper of which they are made shall be pure.—2. That this Coin shall be at least 10 per cent. heavier than Mr. Boulton's new Coinage.—3. That the parties circulating such Coin be responsible to the holders, for the value in Gold or Silver, when demanded: and shall stamp their names and an obligation to that purpose on the Coins, Tokens, or Medals so issued by them.—It would be necessary under such circumstances that every person, issuing Tokens or Medals, should take out a Licence for that purpose from the principal Officers of the Mint, as an authority for such Coinage: giving security at the same time to observe the above Conditions.