IV. Old Stores.

The mode at present practised in disposing of unserviceable Naval and Victualing Stores by Auction, in the Public Arsenals and Repositories, is productive of infinite evils, independent of the cover which is thereby afforded to many purchasers, of loose conduct, in protecting them, by means of the certificates they obtain against the penalties of the Law, as Receivers of stolen and embezzled goods of the same species and quality; thereby not only defeating the ends of Public Justice, but operating as an encouragement to these criminal dealers to extend the iniquitous part of their trade, by holding out facilities and incitements to those who have access to commit depredations on the Public Property, which possibly would never have otherwise taken place.

The Public Sales at the Dock-yards and other Repositories, draw together men of loose and depraved morals; who, in order to obtain bargains, do not hesitate (wherever it can be done) to seduce, by means of pecuniary gratuities, the inferior officers and labourers into the evil practice of mixing superior stores with unserviceable articles, ordered to be made up in lots, so as to elude discovery. New and valuable cordage has been detected coiled within old cables,[75] while frauds also are practised as to the weight, and in the delivery of greater quantities than are actually sold.—Such practices have taken place in spite of the vigilance and attention of the superior officers, by which a two-fold mischief arises,—in the immediate loss which is sustained by the frauds thus practised, and in the cover which is thus afforded for the protection of additional stores purchased clandestinely; perhaps from the persons who have been thus corrupted.—An evil so prominent, in the view of a very able and penetrating Judge now upon the bench, as to induce him to declare publicly in Court, immediately after a trial, where a notorious offender (as many notorious offenders do) escaped Justice, under the cover of his certificates: "That Government had better burn their old Stores than suffer them to be the means of generating so many offences"—or to the same effect.

It is however humbly presumed that a remedy may be applied without the destruction of such valuable materials; and the following suggestions are offered with a view to this object.

Plan for an improved mode of disposing of unserviceable Naval and Victualing Stores.

That the said stores shall not on any pretence be sold to dealers, but only to the actual consumers, or Rope Spinners to convert into small cordage; nor shall any certificate be granted to purchasers on any pretence whatsoever.

That accounts of sales shall be furnished monthly, and such sales shall be accompanied by a full remittance for the amount, it being always understood that no credit is to be allowed.

That at the end of each year, an inventory shall be transmitted on a specific day to be fixed, of the whole stores on hand, and a general account current shall be then furnished; in which shall be exhibited, agreeable to a form to be prescribed, a complete view of the whole transactions which have occurred during the preceding year, with a full remittance for the balance due on the said account.

The Agent for Metalic Stores to be allowed 10 per Cent. on the value as ascertained, by the original Invoice, founded on a survey and valuation upon oath, and this to be in full of Freight, Carriage, Warehouse-rent, Insurance from fire, and all other expences, including Commission for his trouble, on all Stores that are again converted to useful purposes; and 7½ per cent. on the value of such as are sold, in consequence of their being incapable of being rendered useful; so as to make it the interest of the Agent to render as large a portion useful as possible.

It is presumed that by an arrangement of this kind, an immense sum will be saved to the Public annually; who would retain the Contractor's profit in all cases where Old Stores are received back at the price of old Metal, and again returned at the full contract price, after a small expence is incurred in converting them into serviceable Stores.

By this arrangement it will be the interest of all the parties concerned, to render the sale as productive as possible; and as the stores in question will constantly be exposed to sale, where the demand for such articles is most extensive, the probability is, that higher prices will be obtained than at present; and that upon the whole, after paying all expences, a larger aggregate sum will be received annually by Government, since, as the sales are only to be made to the actual Containers, the Dealer's profit will make a part of the Sale Price, and will be thereby secured to the Public. As men of the first character and respectability may be expected to solicit for such Commissions, no doubt can be entertained, either of the purity of their conduct, or their exertions to sell to the best advantage. Their credit and interest, and also the emulation between one Agent and another, as to who shall make the best sales, will prove a powerful stimulus and a strong ground of security.—Above all, the plan is easy and practicable:—It imposes no trouble upon the superior or inferior officers in the different Naval Departments, and no doubt can be entertained, that while it shuts up all the avenues to fraud and peculation, which at present operate so powerfully in facilitating the stealing and embezzling of Naval and Victualing Stores, in the result it will prove highly beneficial to Government.

V. The Perquisite of Chips.

The extensive evils arising from the permission granted to Artificers in the Dock-yards, to convert chips to their own use, and to remove them in bundles from the Dock-yards, having already been noticed, it may only be necessary to add, that on the abolition of this perquisite, which the Author has reason to believe is now in contemplation, a liberal increase of wages should be made to the Artificers in lieu thereof; and that hereafter Chips should not be sold in the Yards by Public Auction, but removed to a place of deposit at some small distance, and disposed of, not to the highest bidder, but at such price as should be offered above the estimated value, and by no means by contract.

By adopting this mode, the saving of useful Timber, Time, and Property, which, through the medium of the existing practice, is purloined, lost and stolen, would probably exceed any estimate that has been formed from a view of the present abuses.

This measure, while it forms an important Link in the preventive Chain, would appear to be easy and practicable.

If necessary the superintending Agent for unserviceable stores, whose functions have already been explained, could take upon him the sole management of the disposal of the chips at the different Yards, by which a handsome sum might be obtained annually in aid of the resources of the State, perhaps more than would be sufficient to pay the additional wages of the Artificers, while no existing arrangement in the Yards would be disturbed, nor any trouble given to the Officers, who at present fill the respective Departments in those Arsenals.

VI. The Abolition of Fees and Perquisites,
and an Increase of Salaries.

The total Abolition of Fees guarded by the severest penalties, is an important object in the preventive System: Until this is effected, it will be in vain to expect purity of conduct. Under this pretext, men of loose principles, in transactions with Government, seldom fail to seduce from the strict line of their duty, avaricious, extravagant, or indigent Officers, whose business it is to check and control the receipt and delivery of property, and to arrange, settle, and adjust Accounts, or to form Public Documents. The delusion and seduction of these Officers is not seldom effected by the supposed liberality of those whose business must pass through their hands; and they are not at all times perfectly aware of the injury that is done to the Public.

It has already been observed, and it is a circumstance much to be lamented, that in too many instances, where individuals have pecuniary transactions with any of the Departments of Government, a dereliction of principle is apparent which does not extend to the general intercourse of society, and hence arises the necessity of stronger guards, where the Public interest is concerned; and nothing appears to be better calculated to counteract this baneful propensity in the human mind than the total abolition of fees and perquisites.

It is said to be no uncommon thing to pay 300l. for a Clerk's situation in the Dock-yards, where the salary does not exceed 30l. or 40l. a year; and it is known that some who hold such situations live very expensively. It may be fairly asked, in what manner a person so situated is to reimburse himself? the conclusion is obvious, and the result has been already explained, which may perhaps be still farther elucidated by stating the following fact:—

An Officer of Justice having discovered some instances of pillage and peculation going forward in the course of the removal of old copper and other articles, from a dismantled ship of war, complained to the Store-keeper in the Dock-yard, whose province it was to have received those articles into his charge, which were conveyed elsewhere.—He replied thus: "D—n it, mind your own business.—Such things have always been done, and will continue in spite of you and me; it will, at any rate, last our time."

While the resources of Government are fully commensurate to the liberal remuneration of its servants, so as to place them above all temptations to abuse the trust reposed in them: and while such remuneration is in itself no less politic than just, the object and view of the Author of these pages differs widely from this faithless servant of the Crown. The suggestions now offered, lead to measures, which he now trusts to the honour and credit of those respectable characters, at the head of the different departments, are in the best train of being adopted, by the total abolition of Fees and Perquisites, and a liberal Increase of Salary, in lieu of the reduction of income, which such an arrangement will occasion: Such salaries as will secure to the Nation those inestimable advantages, which always result from rectitude of conduct, zeal, accuracy, and fidelity, in the discharge of Public trusts committed to subordinate Officers. It is by this and other wise and practicable arrangements, that a confidence is to be established, "that the resources of the State will not only last our time," but extend to many generations; while the improvement of Public morals will contribute, in an eminent degree, to the happiness and prosperity of the country.

VII. An improved Mode of Keeping Accounts.

Under an impression, that very few improvements have been introduced, since the establishment of the original System, for keeping the Navy and Victualing Accounts, brought forward by King James II. when Duke of York; while the frauds which have been committed by various devices, prove some imperfections in the mode of accomptantship as now practised, since no means appear to exist, whereby deficiencies can be checked and discovered; it may be worthy of inquiry, whether many of the modern improvements, which the vast extent of our Commerce has introduced, might not be rendered useful in establishing new Checks, by means of a System of Book-keeping, which would have the same effect in detecting frauds, and discovering inaccuracies, as prevails in arranging and closing the accounts of well-regulated Commercial Establishments; adopting at the same time in the general detail, particularly in the transit of stores, some of these excellent regulations, which have been found so salutary and useful in the system of the Excise. Of the practicability of improvements of this nature there can be little doubt, since it merely depends on the exercise of that knowledge, attention, and assiduity, which, when properly exerted, has generally accomplished objects, which have often appeared impracticable to minds uninformed, or not enlarged by an extensive intercourse with the world, or a knowledge of the general affairs of life:—But as this observation can in no respect apply to the respectable and intelligent Individuals, who superintend the Great Public Concerns, which have been subject to the various abuses, which they feel so anxious to remedy, sanguine hopes are entertained, that an improvement in the mode of keeping the Official Accounts may be speedily carried into effect.

VIII. An annual Inventory of Stores.

Supposing an accurate System of Book-keeping to be adopted, and to be followed as a part of the proposed System of Accuracy, indispensably necessary, by an annual account of Stores; the advantages resulting from it are not to be estimated by the most sanguine mind. Independent of the benefits which would arise from the general accuracy, which would thus incircle the whole œconomy of the design, discoveries would be made wherever frauds or embezzlements took place, while the labour and expence, which such a task might impose, would be compensated one hundred fold, in the National advantages which it would produce.

Thus has the Author briefly gone over the whole ground, which he had assigned to himself, as comprehending every object on the subject of the depredations on his Majesty's Stores, which appeared likely to render his suggestions useful to his country, whether they relate to improved Legislative Regulations requiring the aid of Parliament, or to Measures competent for the Lords Commissioners of the Admiralty to carry into effect. In the prosecution of this task he has been stimulated in a particular degree, by the laudable and patriotic disposition, which has been manifested to promote improvements in Naval Police, and the honourable proofs he has received of a desire to render his suggestions useful.

If the period should indeed arrive (and it is to be hoped it may soon arrive) when these suggestions, or even a part of them, shall be acted upon, in a manner calculated to promote the National Interest, the Author of these pages will then feel himself gratified, and rewarded by the pleasing reflection, that his well-meant labours, in placing an important branch of the political œconomy of the country in this particular point of view, have not been in vain.

CHAP. X.

HAVING in the preceding Chapters completed the proposed explanation of the various depredations and frauds upon the Public: It remains now, in the order of the plan, to examine and follow up the progress of this property, from the hands of Thieves, Robbers, Cheats, and Swindlers, to that of Receivers, or first Purchasers of Goods stolen or fraudulently obtained.

In contemplating the characters of all these different classes of delinquents, there can be little hesitation in pronouncing the Receivers to be the most mischievous of the whole; inasmuch as without the aid they afford, in purchasing and concealing every species of property stolen or fraudulently obtained, Thieves, Robbers, and Swindlers, as has already been frequently observed, must quit the trade, as unproductive and hazardous in the extreme.

Nothing therefore can be more just than the old observation, "that if there were no Receivers there would be no Thieves."—Deprive a thief of a sale and ready market for his goods, and he is undone.

Let the strong arm of the law, and the vigour and energy of the Police be directed in a particular manner against Receivers; and the chief part of those robberies and burglaries, which are so much dreaded, on account of the acts of violence which attend them, would absolutely cease to exist:—and the resource for plunder being thus narrowed in so great a degree, robberies on the highway would alone seldom answer the purpose of the adventurer; where the risk would be so exceedingly multiplied, while the advantages were in the same proportion diminished;—the result therefore would be, that in the suppression of the Receivers, the encouragement to become Thieves and Robbers would be taken away: and the present Depredators upon the Public must either return to honest labour as useful members of the State, or submit to be starved.

Obvious and desirable however as a measure of this sort would be, it has never hitherto been put in practice. This has proceeded from a variety of causes; one of the principal of which is the disjointed state of the Police of the Metropolis, occasioned by a number of jurisdictions clashing with each other, and preventing the full operation of a proper system of vigilance and energy; which, with the aid of apposite and improved laws and a superintending agency, could not fail, either to root out all the Receivers of stolen Goods of any consequence, or compel them to abandon their mischievous trade.

These observations apply to that class of Receivers alone, who are in immediate connection with the thieves, burglars, and highway robbers;—and who aid and assist them in the purchase and concealment of whatever is stolen.—From the best information that can be obtained, their number does not exceed fifty or sixty in all; of whom not more than ten, (whose names and places of abode are well known) can be said to be persons of property who can raise money to purchase articles of considerable value.

Aided by a well-regulated and energetic system of Police that might pervade the whole Metropolis, how easy would it be, to compel these large dealers to abandon the trade? The measure of watching their houses day and night, would cost no great sum, and would embarrass the thieves and burglars, more than any other system that could be pursued.

It rarely happens that thieves go upon the highway, or commit burglaries, until the money they have previously acquired is exhausted. Having laid their plans for new depredations, negociation is frequently entered upon with the most favourite Receiver, who (to use their own language) is likely to be staunch, and to keep their secrets.—The plan is explained.—Some liquor is drunk to the good luck of the enterprize, and the hour fixed when they are to return with the booty: if plate is expected, the crucible is ready in a small furnace, built for the purpose, instantly to melt it, and arrangements are made for the immediate concealment of the other articles.—Of the nature of these previous arrangements, something has already been said in Chap. IV. on Burglary and Highway Robbery.

There are, however, exceptions to this rule, where the Receivers are not trusted till the booty is acquired; and where it is in the first instance removed to the houses of the thieves, or to those of some of their friends; but it seldom remains longer than may be necessary to obliterate the marks: for money must be procured. Most thieves are improvident; their wants are therefore pressing—they must sell—the Receiver knows this and makes his own terms;—and he of course enjoys by far the largest share of the profit.

The plunder thus purchased, finds a ready vent through the extensive connections of the Jew dealers, both in this Country and upon the Continent: and from the facts already stated in the course of this Work, it may easily be conceived that the trade is not only extensive, but that the profit is immense, since it rarely happens (except in the articles of plate,) that thieves receive to the amount of above one-third; or one-fourth of the value of what is stolen.

The mass of the Receivers of stolen property in and near the Metropolis, (exclusive of those more immediately concerned in River-plunder, as stated in Chapter VIII. on that subject,) may be classed in two divisions:

As the Laws now stand, (numerous, and pointed as they appear to be) it has been found from experience, that neither of these classes can be easily reached; and hence it is that they have multiplied in so great a degree, (particularly the small Receivers) within the last twenty years, and may even be said to have reigned with impunity.

For the purpose of suggesting an effectual legislative Remedy, it will be necessary to examine shortly the laws now in being, which are applicable to this peculiar offence.—

By the Statute of the 3d and 4th of William and Mary, cap. 9, it is enacted, "that Receivers of stolen Goods, knowing them to be stolen, shall be deemed Accessaries after the fact."

But this offence being dependent on the fate of the Principal—a Receiver, thus circumstanced, could not be tried till after the conviction of such Principal; so that, however strong and conclusive the evidence might be, the Receiver was still safe, unless the Thief could be apprehended—and even if apprehended and put upon his trial, if acquitted through any defect of evidence, the Receiver, (although he had actually confessed the crime, and the goods found in his possession, could be proved to have been stolen,) must be acquitted:—this offence also, even if completely proved, applied only to capital felonies, and not to petty larceny.

These defects were discovered, and partly remedied by the Statutes 1 Anne, cap. 9; and 5 Anne, cap. 31, which enact, "That Buyers and Receivers of stolen Goods, knowing them to be stolen, may be prosecuted for a misdemeanor, and punished by fine and imprisonment; though the Principal be not previously convicted of felony."

This Act, 5 Anne, c. 31, also greatly improved the Laws applicable to this species of offence by empowering the Court to substitute a corporal punishment instead of fine and imprisonment; and by declaring, that if the felony shall be proved against the Thief, then the Receiver shall be taken as Accessary, and shall receive judgment of death; but the benefit of Clergy is reserved.

The Laws being still found insufficient, the Statute of the fourth of George the First, cap. 11, enacted, "That Receivers of stolen Goods, knowing them to be stolen, should, on conviction, be transported for fourteen years; and that buying at an under value should be presumptive evidence of such knowledge:—and the same statute makes it felony (according to the nature of the felony committed in stealing the Goods) for any person directly or indirectly to take a reward for helping any person to stolen Goods; unless such person bring the felon to his trial, and give evidence against him."

But these amendments also proving ineffectual, and not being found to apply immediately to persons receiving stolen lead, iron, copper, brass, bell-metal or solder taken from buildings, or from ships, vessels, wharfs, or quays—It was enacted by the 29th of George the Second, cap. 30, "That every person who shall buy or Receive such articles, knowing the same to be stolen, or who shall privately purchase these respective metals by suffering any door, window, or shutter, to be left open between sun-setting and sun-rising, or shall buy or receive any of the said metals in any clandestine manner, shall, on conviction, be transported for fourteen years, although the principal felon has not been convicted." Sec. 1.

The same Act empowers one Justice to grant a warrant to search in the day time for such metals suspected to be stolen, as by the oath of one witness may appear to be deposited or concealed in any house or place; and if goods are found, the Act goes so far as to empower two Justices to adjudge the person having the custody of the same, guilty of a misdemeanor, if he cannot produce the party from whom he purchased, or give a satisfactory account how they came into his possession; and the offender shall, for the first offence forfeit 40s. for the second 4l. and for every subsequent offence 6l. Sec. 2; 6.

This Act also empowers officers of justice (and watchmen while on duty) to apprehend all persons suspected of conveying any stolen metals, as already described, after sun-set or before sun-rise; and if such persons cannot give a good account of the manner in which they were obtained, two Magistrates are in like manner authorized to adjudge them guilty of a misdemeanor, and they forfeit forty shillings, &c. Sec. 3; 6.

The persons also to whom such articles are offered for sale or to be pawned, where there is reasonable ground to suppose they were stolen, are empowered to apprehend and secure the parties and the materials, to be dealt with according to law. And if it shall appear even on the evidence of the thief, corroborated by other testimony, that there was cause to suspect the goods were stolen, and that the person to whom they were offered, did not do his duty in apprehending the person offering the same, he shall be adjudged guilty of a misdemeanor, and forfeit twenty shillings for the first offence: forty shillings for the second, and four pounds for every subsequent offence, Sec. 5, 6. And so anxious has the Legislature been to suppress the evil of stealing and receiving metals, that the 8th Section entitles the actual Thief to a pardon, on the discovery and conviction of two or more of the Receivers. And the 9th Section screens from prosecution any person stealing such metals, who shall discover the Receiver to whom the same were delivered, so as a conviction may follow.—In spite, however, of these numerous and apparently effectual checks, it is to be lamented that the evil has continued to increase.

In the following year it was provided by the Act 30th of George the Second, cap. 24, that it shall be lawful for any Pawnbroker, or any other dealer, their servants or agents, to whom any goods shall be offered to be pawned, exchanged, or sold, which shall be suspected to be stolen, to seize and detain the persons offering the same, for the purpose of being examined by a Justice; who is empowered, if he sees any grounds to apprehend that the goods have been illegally obtained, to commit the persons, offering the same, to prison for a period not exceeding six days; and if on further examination, the Justice shall be satisfied that the goods were stolen, he shall commit the offender to prison, to be dealt with according to Law; and although it may, under such circumstances, afterwards appear that the goods in question were fairly obtained, yet the parties who seized the supposed offender shall be indemnified.—Sec. 7, 8.

It would have been useful if the principles of the first of these excellent acts had extended to every kind of goods and chattels, horses, cattle, money, and Bank-notes,[76] as well as to the metals therein described. Indeed it is to be lamented, that the System has not been to look at great features of abuse in the gross, so as to meet every existing evil at once. Thus another partial Statute was made, 2 George III. c. 28, extending the provisions of the 29th Geo. II. c. 30. to goods, stores, or materials taken from ships in the River Thames, by enacting, "that all persons purchasing such goods, knowing them to be stolen, or receiving the same in a concealed or clandestine manner between sun-setting and sun-rising, shall be transported for fourteen years, although the principal felon be not convicted:" but by the wording of this Act, it is doubtful if it applies to receiving goods stolen from vessels not afloat in the river.[77]

The next Statute applicable to the Receivers of stolen goods, is the 10th of George III. cap. 48, by which it is enacted, "that every person who shall buy or receive any jewels, gold, silver, plate or watches, knowing the same to be stolen, where such stealing was accompanied by a burglary or highway robbery, may be tried as well before as after the principal felon is convicted; and whether he be in, or out of custody; and if found guilty, shall be transported for fourteen years."

Eleven years after passing of the above mentioned Statute, the Legislature, appearing to be impressed with the great extent of the depredations committed by persons stealing pewter pots, and desirous to punish the Receivers, the Statute of the 21st of George the Third, cap. 69, enacts, "that every person who shall buy or receive any pewter pot or other vessel, or any pewter in any form or shape whatsoever, knowing the same to be stolen, or who shall privately buy or receive stolen pewter, in a clandestine manner, between sun-setting and sun-rising, shall on conviction, be transported for seven years, or detained in the House of Correction, at hard labour for a term not exceeding three years, nor less than one; and may be whipped not more than three times; although the principal felon has not been convicted."

In the following Session of Parliament, the Statute 22 George III. c. 28. (said to have been framed by an able and experienced Lawyer and Magistrate),[78] removed many of the imperfections of former Statutes, and particularly that which respected Petty Larceny; by enacting, "that where any goods (except lead, iron, copper, brass, bell-metal, or solder, the Receivers of which are punishable under the 29th George II. c. 30. noticed before, p. 295.) have been stolen, whether the offence amount to Grand Larceny, or some greater offence, or to Petty Larceny only; (except where the offender has been convicted of Grand Larceny, or some greater offence; when the Receiver must be prosecuted as an Accessary, and under the 4th George I. c. 11, may be transported for fourteen years; see page 295.)—Every person who shall buy or receive the same, knowing them to be stolen, shall be guilty of a misdemeanor, and punished by fine, imprisonment, or whipping, as the Quarter Sessions, who are empowered to try offenders, or any other Court before whom they shall be tried, shall think fit, although the Principal be not convicted; and if the felony amounts to Grand Larceny, or some greater offence, and the person committing such felony has not been before convicted, such offender shall be exempted from being punished as Accessary, if the principal shall be afterwards convicted."—Sect. 1.

This Act also empowers one Justice to grant a warrant to search for stolen goods in the day time, on oath being made that there are just grounds of suspicion; and the person concealing the said goods, or in whose custody they are found, shall in like manner be guilty of a misdemeanor, and punished in the manner before-mentioned.—Sect. 9.

The same Act extended the powers granted by former Acts relative to metals, to any other kind of goods: by authorizing peace officers (and also watchmen while on duty) to apprehend all persons suspected of carrying stolen goods after sun-setting and before sun-rising, who shall, on conviction, be adjudged guilty of a misdemeanor, and imprisoned, not exceeding six, nor less than three months.—Sec. 3.

Power is also given by this Act to any person to whom goods, suspected to be stolen, shall be offered to be sold or pawned, to apprehend the person offering the same, and to carry him before a Justice.—Sec. 4.

And as an encouragement to young Thieves to discover the Receivers, the same Act provides, That if any person or persons being out of custody, or in custody, if under the age of 15 years, upon any charge of felony, within benefit of Clergy, shall have committed any felony, and shall discover two Receivers, so as that they shall be convicted, such Discoverer shall have pardon for all felonies by him committed before such discovery.

These various Acts of Parliament prove how very prominent the evil of receiving stolen goods has been in the view of the Legislature.—It is to be lamented however, that a more general and comprehensive view has not been taken of the subject, by substituting, instead of the piece-meal System which has been from time to time adopted, on suggestions applicable only to particular cases, one general law that should have embraced every object, and remedied every defect in the existing Statutes, on this important subject of criminal jurisprudence.

That these Laws, numerous as they are, and applicable as many of them appear to be, have not been in any degree effectual, is clearly manifested by the unquestionable increase of the evil, even to an extent beyond all calculation.

Under such circumstances, where the Receiver is in reality the greatest offender, and even the source from whence most of the burglaries and highway robberies have their origin, the Thief being not seldom his pupil—Why should not the Receipt of Stolen Goods be made an original offence?[79]—Why should not the rewards for detection, and the punishment on conviction, be the same, in the case both of the Receiver and the Thief?

In contemplating the best means of preventing depredations upon the public, the simplest and perhaps the most effectual mode would be to make a stand at this particular point; by bending the attention wholly to the means of destroying effectually the trade of Receiving stolen goods; under the fullest conviction that by accomplishing so valuable a purpose, thieving and swindling in all its branches would also be, in a great measure, destroyed.

It is believed, that this object (difficult as it may appear) is attainable, by well digested applicable laws, containing and enforcing such regulations as would ensure a full and energetic execution.

The importance of a measure of this kind is so immense, that if even a considerable part of one Session of Parliament were employed in devising and legalizing a proper System, it would be time well and usefully spent for the benefit of the Country.

The obvious means of remedy seem to lie within a narrow compass. The first point to be obtained is the Licensing all those dealers (some of them already particularized in pages 292, 293), whose various branches of trade are friendly to the encouragement of depredations; and the putting them under the control of the Central Board of Police, in the manner stated more fully in the concluding part of this Work.—

The next step must be to consolidate and improve the Laws now in being, relative to Receivers of stolen goods; by an arrangement which shall render the whole clear and explicit, and applicable to all the evils which have been felt to exist.

And lastly to make the following additions to these Laws:

In the formation of such a System, it is absolutely necessary that care should be taken to secure a regular and perfect execution, by means of a proper superintendance and inspection:—without this, the best laws will remain a dead letter.—Such has, in fact, been the case in a great measure with respect to several of the very excellent Statutes, now in force, relative to Receivers of stolen Goods; and such also would be the case with regard to the laws relative to the Revenue, if a System had not been established to secure their execution.

If it be allowed that the prevention of crimes is at least of as much importance to Society, as any consideration connected with partial revenue:—if experience has shewn that, after the skill and ingenuity of the ablest lawyers and the most profound thinkers have been exhausted in framing laws to meet offences, which are daily committed; these offences are progressively increasing:—Is it not clear to demonstration, that some active principle is wanting, which does not at present exist, for the purpose of rendering these laws effectual?

This principle of activity is, (it is humbly apprehended,) only to be established by the introduction of such a System of regulation, as shall attach to all classes of dealers, who, in their intercourse with Society, are in the train of encouraging either directly or collaterally, transactions of an immoral, a fraudulent, or a mischievous nature.

The idea is not new in the System of jurisprudence of the country;—Publicans have long been under regulations prescribed by Magistrates; Pawnbrokers also have been of late years regulated to a certain extent by Statute.—Let the same principle be extended to the other dealers alluded to; and let the Legislature, profiting by that experience which has manifested the cause of the inefficacy of a vast number of penal Statutes, establish such a system of regulation, inspection, and superintendance, as will insure to the Public the full benefits arising from good laws, administered with activity, purity, and discretion.

Nothing can evince in a greater degree the necessity of inspecting the execution of all laws of regulation where the well-being of Society is concerned, than the abuses which occur with regard to the two classes just mentioned, namely, Public-houses and Pawnbrokers.—Many excellent rules are established by the Legislature, and the Magistrates; but while it is seldom the interest of the depraved or dishonest part of these two classes to adhere to such rules, by what means is the execution to be insured, so as to operate as a complete protection to the Public?—surely not by the operation of the law through the medium of common informers; since independent of the invidious nature of the office, experience has shewn that the public good rarely enters into the consideration of persons of this description; who look merely to their own emolument, frequently holding up the penalties as a rod by which money is privately extorted, and the parties laid under contribution, for the purpose of allowing them to continue in the practice of those abuses, which the engine used for this nefarious purpose was meant to prevent.

The System of Inspection, thus strongly and repeatedly recommended, while it remedied these corrupt practices, by preventing the existence of the evil, could only be disagreeable to Fraudulent Dealers.

The honest and fair Tradesmen, as things are at present circumstanced, are by no means on an equal footing with men who carry on business by fraudulent devices.—Such fair traders who have nothing to dread, would therefore rejoice at the System of inspection which is proposed, and would submit to it cheerfully; as having an immediate tendency to shield them from fraudulent competition, and to protect the Public against knavery and dishonesty.

CHAP. XI.