Part 16 (1/2)

In contemplating and in developing the causes of the vast acc.u.mulation and increase of base money, which has thus deluged the country of late years, the evil will be found to have proceeded chiefly from the want of _a new coinage:--of laws, applicable to the new tricks and devices practised by the coiners:--of proper checks upon fraudulent Circulation:--of rewards for the detection and apprehension of Offenders;--and of a sufficient fund to ensure the prompt execution of the law; by a vigorous and energetic Police_, directed not only to the execution of apposite laws in the detection and punishment of offenders, but also to the means of prevention.

The vigour and energy requisite to put good and apposite laws in execution for the suppression of crimes of every kind, but particularly that of the coinage and circulation of base money, depend much on the zeal and activity of the Magistrate: and on the affording an adequate pecuniary resource, to enable him to reward men who may undertake to risk their persons in the company of desperate and daring offenders, in order to obtain that species of evidence which will produce a conviction. Without such pecuniary resource, the law, as well as the exertions of the Magistrate, becomes a dead letter: and his efforts for the purpose of promoting the ends of public justice, are crippled and lost to the Community.

In suppressing great evils, strong and adequate powers must be applied, and nothing can give force and activity to these powers, but the ability to reward liberally all persons engaged in the public service, either as police officers, or as temporary agents for the purpose of detecting atrocious offenders. The following ideas are therefore suggested with a view to the important subject at present under discussion.

The Coinage Laws (except those relating to copper money) which contain the most important regulations in the way of prevention, having been made a century ago, it is not to be wondered at, in consequence of the regular progress of the evil, and the new contrivances and artifices resorted to, in that period, that many obvious amendments have become necessary. A consolidation of the whole laws from the 25th of Edward the Third, to the 14th of his present Majesty, would, perhaps, be the most desirable object; as it would afford a better opportunity of correcting every deficiency, and of rendering this branch of the criminal code, _concise_, _clear_, _explicit_,--applicable to the existing evils, and to the means of prevention.

For the purpose, however, of more fully elucidating this proposition, it will be necessary to state the existing laws, and what are considered as the most apparent deficiencies therein.

We will begin by giving a short _Summary_ of the existing Laws.

25 Edw. III. _stat._ These acts make counterfeiting the 5, _cap._ 2. gold and silver coin of the 1 Mary, _stat._ 2, _c._ realm--counterfeiting foreign money, 6. current within the realm--knowingly 1 & 2 Ph. & Mary, bringing false money into the realm _cap._ 11. counterfeit to the money of England; 5 Eliz. _cap._ 11. or bringing in _any_ false and 14 Eliz. _cap._ 3. counterfeit money, current within 18 Eliz. _cap._ 1. the realm; in order to utter the same here;--diminis.h.i.+ng or lightening any current (gold or silver) coin--_High Treason_.--Counterfeiting foreign money, not current in the kingdom--_Misprision of Treason_.

8 & 9 Will. III. These Acts contain a detail of _cap._ 26 (_made the princ.i.p.al offences and punishments, perpetual by_ 7 upon which prosecutions Anne, _c._ 25)--9 are founded at present.

& 10 Will. III.

_c._ 21.

7th of Queen Anne, Allows 400_l._ a year for prosecuting _cap._ 24. offenders; increased by 15 Geo. II. _c._ 28. -- 10, to 600_l._

15th of George II. Amends some of the above laws, and _cap._ 28. establishes new regulations relative to the Copper Coinage.

11th George III. Makes further regulations respecting _cap._ 40. the Copper Coinage; which, however, have not been at all effectual.

Since the last edition of this work the following additions have been made to the Statute Law on this subject.

By 37 Geo. III. _c._ 126, so much of 15 Geo. II. _c._ 28, as relates to _halfpence and farthings_, and the statute 11 Geo. III. _c._ 40, and all other acts relating to the copper money of this realm, are extended to all such copper money as shall be coined and issued, by the King's Proclamation.--This was for the purpose of protecting the Coinage of _penny_ and _twopenny_ pieces made for Government by Mr.

Boulton, of Birmingham; and which it is believed have not yet been counterfeited, at least to any great extent.

By the same statute, 37 Geo. III. _c._ 126, persons counterfeiting any _foreign gold or silver coin_, tho' not current in this realm, are made guilty of felony, punishable by seven years' transportation; as are also persons bringing the same into the realm, with intent to utter it.--A penalty is imposed on persons tendering _such_ counterfeit coin in payment, _or exchange_; for the first offence, six months' imprisonment: for the second, two years; and on the third, they are declared guilty of felony without Clergy.--Persons having more than _five_ pieces of such counterfeit coin in their possession, shall forfeit the same, and also a penalty of not more than .5, nor less than 40_s._ for each piece; or suffer three months'

imprisonment.--Justices are impowered to grant warrants for searching suspected places, _for such counterfeit foreign coin_; which with the tools and materials may be seized and carried before a Justice, who shall secure the same as evidence: to be afterwards destroyed.

By statute 38 Geo. III. _c._ 59, the act 14 Geo. III. _c._ 42, prohibiting the importation of light silver coin of this realm, was revived and continued till June 1, 1799.--And by statute 39 Geo. III.

_c._ 75, it was made perpetual.

By statute 38 Geo. III. _c._ 67, _Copper Coin_ not being the legal Copper Coin of this realm, and _all counterfeit gold or silver coin whatever_, exported, or s.h.i.+pped for exportation, to Martinique or any of the British Colonies in the West Indies or America, is declared to be forfeited, and may be seized as under the laws respecting the Customs.--And a penalty is imposed on persons exporting it, of .200 and double the value of the coin.

We next proceed to state the deficiencies which still remain unremedied.

1. The punishment inflicted on the different offences specified in the Coinage Laws, do not seem to be adequate to the degree of enormity, in some instances; while in others, from being too severe, the law is not always put in execution. The sale of base Money (for instance) under the value it imports, is only punishable by a year's imprisonment; although in point of fact, it is well known, that the Sellers are the _Employers of the Coiners_; that with them this high offence originates, and but for them it would not have been committed: while the actual Coiners, who work for these Dealers merely as Journeymen, subject themselves to the punishment of Death.

2. Prosecutions under the stat. 8 & 9 W. III. _c._ 26, are at present limited to commence within three months. This may often defeat justice, as offences committed in the country frequently cannot be tried in less than four, five, and in some cases nearly six months. [-->] _The limitation to twelve months would remove the difficulty._ [There is no such limitation in the statutes of 37 & 38 of Geo. III. just alluded to.]

3. The words _Milled Money_ seemed necessary, in the minds of the makers of the act of 8 & 9 William III. _cap._ 26, to form the description of coin similar to the current Coin of the Realm; and that Act declares it to be felony to take, receive, pay, or put off _counterfeit milled Money_.--A considerable portion of counterfeit Coin is _cast_, and _not milled_. [-->] _The words_ counterfeit Money, Milled _or_ not Milled, _would remove the ambiguity._

4. It does not appear that any provision is clearly made, or punishment inflicted, for the offence of _uttering base silver Money in exchange_, as well as in payment: except under _stat._ 8 and 9 Will. III. _cap._ 26, where the expression of _counterfeited milled money_ is used, the ambiguity of which has already been noticed. The words in the _stat._ 15 Geo. II. _c._ 28. are, ”any person who shall utter or tender in payment,” and it seems that the word _utter_ cannot be detached from the subsequent words, ”in payment.” [The partial remedy applied in this particular in the instance of counterfeit _foreign gold and silver coin_, under 37 Geo. III. _c._ 126, should be extended to _all_ cases of counterfeit money.]

5. The laws peculiarly relating to the _Copper Coinage_, although more modern, have also been found to be extremely defective, and totally inadequate to their object. The Act of the 11th of his present Majesty, _cap._ 40, indeed, makes it felony to sell Copper Money of the similitude _of the current Money of the Realm_ at a less value than the denomination doth import; but the benefit of Clergy not being taken away, and no specific punishment being mentioned, the offenders are generally subjected only to a year's inprisonment, which proves no check whatever, as their families carry on business in the mean time; and if they sell _plain or evasive Halfpence_, or what are called _Irish Harps_, or mix them with _stamped Half-pence_, similar to the current Coin of the Realm, so that the stamped Coin does not exceed the value of what the denomination imports, it is doubtful whether the prosecution will not fail.

[-->] It is submitted, that a statute ought to be framed, declaring it _Felony_, punishable by seven years' transportation: 1st. For any person to make or manufacture any piece of Copper or other metal, with or without any device whatsoever, with an intent that it shall pa.s.s as the _Copper Monies of the Kingdoms of Great Britain or Ireland_. 2nd.