Part 42 (1/2)

[Footnote 157: See Tract on Public Houses, by the Author of this Treatise.]

[Footnote 158: The Magistrates at the Marine Police confine their attention almost wholly to the cognizance of offences, either committed on the River, or connected with Maritime Affairs, and his Majesty's Stores in the Public a.r.s.enals.]

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, a.s.saults, 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 inst.i.tution 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 Inst.i.tution--the _Prevention_ and the _Suppression of Crimes_.[159]

[Footnote 159: It is by no means to be understood, that this deficiency arose from any want of real attention or public spirit on the part of the respectable individuals who framed and promoted this act. It was perhaps as much as could reasonably be expected at the time, until the public mind could be more fully informed. It was by the operation of this act, that a correct view of the improvements necessary to complete the System, were to be obtained. This first step was, therefore, of great importance; and it is but justice to state, that to the Authors of this Act the Public will be indebted for every subsequent arrangement, which may be adopted for perfecting the Police of the Metropolis.]

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 a.s.signed 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 oeconomically 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 circ.u.mstance 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 (a.s.sisted 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, a.s.sist 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]

[Footnote 160: The Author having had occasion to represent to a late Chief Magistrate, of great talents and respectability, the enormous evil arising from _base coin_:--He very judiciously observed, that to do any good in protecting the Public against this species of offence, _it would require the mind of a Magistrate to be given up to that object alone_. This pointed and accurate remark is sufficient to elucidate, in an eminent degree, the necessity of Magistrates with salaries, in all large Communities.]

The Chief Magistrate cannot, in the nature of things, while the immense load of munic.i.p.al 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 pa.s.s-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]

[Footnote 161: The Select Committee of the House of Commons on Finance, in their 28th Report (already repeatedly quoted), appear to be very strongly impressed with the necessity of Police Magistrates, and a Concurrent Jurisdiction for the City of London.--They express themselves in the following words: ”It is further to be stated, that a considerable defect is felt in the Police of the Metropolis, from the limited jurisdiction of the present Magistrates in every part of it, and from the want of an Inst.i.tution similar to that of the Police Offices to be established in the City of London, as was originally intended and proposed: that the delay which necessarily takes place in obtaining the sanction of the local Magistracy in either case, to the warrants of those presiding in other districts, operates in all cases to the advantage of offenders against the Laws, and to the obstruction of Public Justice: add to which, that the numerous and important avocations, both public and private, of the truly respectable Magistracy of the City, is too often inconsistent with that constant and unremitting attention which the due preservation of the Police of the Metropolis requires. That it would be unfortunate indeed if any local jealousy founded upon no just grounds, though entertained by honourable minds, should continue to deprive even the Inhabitants of the City itself, as well as those of the rest of the Metropolis, of that security which a more permanent attendance, and a perfect intercommunity of Jurisdiction in Criminal matters between the Magistrates of every part of the Metropolis, and of the five adjoining Counties, could not fail to produce.”--See p. 13, 28th Report, 26th of June, 1798.]

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]

[Footnote 162: If this were the case, neither the Bank, nor the avenues to every part of Cheapside, &c.[H] would be beset with gangs of rogues and sharpers, both men and women, who support themselves princ.i.p.ally by the resource which the vast amount of moving property, in money and portable goods, affords them, in this part of the Metropolis; where, it appears, capital offenders are rarely detected; since, at the Old Bailey, those convicted in the course of a year, from the City and County, run in the proportion of about 1-7th part for London, and 6-7th parts for Middles.e.x.[I]]

[Footnote H: See p. 106.]

[Footnote I: Vide Table, p. 429.]

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 acc.u.mulation 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]

[Footnote 163: In the measures finally proposed by the Finance Committee, in the 9th Article (page 30), they recommend it to Parliament, ”That two additional Offices of Police should be established in the City, consisting each of three Magistrates, to sit at the Mansion-house, and at Guildhall, for the purpose of a.s.sisting the Lord-Mayor and the Court of Aldermen: such Magistrates to be named by the Lord-Mayor and Court of Aldermen; and paid out of the General Funds arising from the proposed regulations; to sit permanently, as at the other Offices, with Commissions from the Crown, extending over the whole Metropolis, and the counties of Middles.e.x, Kent, Ess.e.x, and Surry.”]

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]