Part 45 (1/2)
[Footnote 176: From an estimate which has been made, the three Cla.s.ses mentioned in division IV. might be made to produce above 100,000_l._ for Police purposes, in addition to what is received at present from p.a.w.nbrokers, and Horse Dealers.--The chief part would arise from the transfer of Horses.]
VII. It would be the duty of the Commissioners to superintend, with great strictness, the conduct of their Subordinate Officers, both in the Town and Country Districts, and to be careful that those who were entrusted with the collection of the Licence Duties gave proper Security;[177] and that in their conduct, in Surveying and Watching the Movements of the different Dealers, they manifested the greatest degree of vigilance, prudence, and discretion.--Above all, that they were regular in their Payments, and remittances, so as not to incur the penalties inflicted by the proposed Act on defaulters.
[Footnote 177: The most oeconomical mode would, apparently, be to consolidate in one person the office of _Constable_ and _Collector of the Licence Duties_ in the respective Districts; having it understood that the poundage received on the money paid to the Board, should not only be considered as a remuneration for the Collection, but also as a reward for occasional Services in the general Police Department.--By such an arrangement, a chain of Select and reputable Officers may be established all over the Country, without being felt as a burden of any kind on the Community; while those Services under the general arrangements of the Board, could not fail to be productive of infinite benefits in the well-ordering of Society.]
VIII. To correspond with the Select Magistrates in every District in the Kingdom, and not only to receive from them useful information, relative to offences which have been committed, and all other matters within the scope of the Functions of these Select Magistrates; but also to give them their advice and a.s.sistance in every case where it is found necessary, for the purpose of the preservation of peace and good order, and the due administration of the Laws; and particularly as it may apply to those Select Magistrates who reside near the Sea-Coasts of the Kingdom, that in all cases of s.h.i.+pwreck, measures may be pursued, and the laws enforced, to prevent those horrid barbarities, pillage and spoliation, which have, to the disgrace of civilized Society, prevailed on such melancholy occasions.[178]
[Footnote 178: The Registers of our Courts of Record, and other well-attested accounts, have developed scenes of unfeeling Cruelty and Rapacity, in cases of s.h.i.+pwrecks, which would have disgraced the rudest and most ferocious Savages, and would lead a Stranger to suppose that we have no Laws for the prevention of such outrages.]
IX. To make arrangements with the Select Magistrates in the Country, relative to the due execution of the proposed General Police Act, with respect to the Control over the persons Licenced, and all other Duties which may be required under such a Legislative System.
X. To obtain accurate Information, by means of regular returns from Clerks of a.s.size, Clerks of the Peace, Keepers of Prisons, Houses of Correction, Penitentiary Houses, and other places of Confinement; and to have constantly in view the state of delinquency in the Metropolis, and in every part of the country; preserving such accounts in registers for the purpose of reference, as occasions might arise to render them useful to public Justice.--To a.s.sist the acting Magistrates in Town and Country by conveying all useful information applicable to their local situations, respecting the commission of crimes, and the detection of offenders, and which might tend to the prevention of disorders, or offences meditated against the Laws.
XI. To watch the proceedings of the herds of criminal delinquents who generally leave Town every year in the month of March, after the drawing of the English Lottery, for the purpose of attending _fairs_, _races_, and other places of amus.e.m.e.nt and dissipation in the country, carrying with them quant.i.ties of _base Money, and EO Tables_, with a view to commit frauds on the unwary--And to give notice to the Select local Magistrates, that they and their officers may be upon their guard in defeating the nefarious designs of these miscreants, who are often disguised as farmers and labourers, the better to enable them to effect their purposes, by cheating and stealing, particularly _horses_, to the great loss and injury of the country.
XII. It is recommended by the Select Committee of the House of Commons, that the Commissioners of this Central Board should have it in their power to distribute rewards to Constables or others for meritorious services, through the medium of the Magistrates of Police, and to use such other means as should best promote the ends of Justice, and the general utility of the Inst.i.tution to the community.
XIII. Under the direction of the princ.i.p.al Secretary of State for the Home Department, these Commissioners should avail themselves of the knowledge their situation would afford them of the degree of depravity and danger attached to the character of the different convicts; to select such as they thought proper objects for transportation to New South Wales; and to follow any other instructions they may receive for oeconomizing this branch of the criminal Police of the nation, so as, if possible, to reduce the annual expence.
XIV. These Commissioners being authorized by the Lords of the Treasury, might take under their management all matters relative to the Lottery; not only with a view to a more oeconomical mode of drawing the same, but also for the purpose of rendering the Revenue productive to the State, without the evil consequences which at present arise from it to the morals of the lower orders of the people, and the distresses and miseries to which its fascinating delusions subject them.
XV. It would be the duty of the Board, availing itself of the practical knowledge which may be obtained by means of a System of general superintendence in the Police Department, to attend closely to the operation of the whole of the present code of penal Laws, with respect to its efficacy and utility; and where imperfections are discovered, to suggest from time to time such improvements as may appear useful and beneficial to the Police, and to the Revenue.
XVI. The Select Committee in their Report recommend, that the proposed Board should have power ”to make Bye-Laws for the regulation of such minor objects of Police as relate to the objects of their superintendence, and to the control of all Coaches, Chairs, Carts, Barrows, and the conduct of all Coachmen and Chairmen, Carters, &c. and the removal and prevention of all annoyances, and the correction of all offences against the cleanliness and quiet, and the free pa.s.sage of the streets of the Metropolis, in like manner as is now possessed, by the Commissioners of Hackney Coaches, and subject to the approbation of the Superior Judges.”
XVII. To superintend the general receipts and disburs.e.m.e.nts of the Establishment, and to report the same quarterly to the Treasury, and to the princ.i.p.al Secretary of State for the Home Department.
XVIII. To receive and execute the instructions of the Treasury in all matters respecting Finance and Revenue; and the instructions and directions of His Majesty's Secretary of State for the Home Department in all matters of Police.
XIX. To establish a more correct System through the medium of the Select Magistrates, whereby the Laws for the prevention and punishment of offences may be more effectually and universally carried into execution, and not in many instances remain a dead letter, as at present, to the great injury of the community; or be partially carried into effect in particular parts of the country, against a few individuals, or for mere temporary purposes.
XX. Finally, it will be the duty of the Board to report to his Majesty in Council, and to Parliament (if required) the State of the Metropolis and the Country, with respect to criminal _Police_ in all its branches, so as to bring under the review of the Executive Government _the whole criminality of the Country_, at a given period each year, where it will be accurately discovered whether it increases or diminishes.
Such are the functions apparently necessary to be a.s.signed to the proposed Board of Commissioners, for the purpose of accomplis.h.i.+ng the objects of improvement in the Police System, which have been recommended to Parliament by the Select Committee.
These objects are of too much importance to the Public, to the Security of the State, and to the peace and good order of Society, to be lost sight of, even for one moment.
While the morals and habits of the lower ranks in Society are growing progressively worse and worse--while the innocent and useful part of the Community are daily suffering evils and inconveniences originating from this source--while crimes multiply in all instances under the existing systems, (the Thames Police only excepted[179]) it becomes of importance to apply a remedy. In legislating with this view, the same disadvantages and difficulties do not present themselves as in many other cases, since much previous labour and investigation has been bestowed in forming a ground-work for the proposed General Police System.
[Footnote 179: Nothing can be offered as a more irrefragable proof of the utility of a Police Inst.i.tution, such as has been recommended by the Select Committee on Finance, than the effect of the Marine Police Establishment upon the River Thames; where, in spite of a crippled System, and deficient Laws, the energy of the superintendence, and the strength of the Civil force, has, at a very trifling expence, applied with strict oeconomy, worked such a change in the Port of London, both with respect to the security of commercial property, and the Revenue, as would scarcely have been conceived possible. For an Account of this System, see the 8th Chapter of this Work: but for a more enlarged and comprehensive view of the nature and effect of the design, recourse must be had to the Author's _Treatise on the Commerce and Police of the River Thames, &c._ now in the press; in which the whole plan is developed, together with the Legislative System necessary to give permanent effect to the design.]
Under the Sanction of his Majesty's Princ.i.p.al Secretary of State for the Home Department, a Bill has been prepared, in which, while every attention has been paid to the means of accomplis.h.i.+ng the views of the Select Committee, nothing can exceed the pains which have been bestowed _in preserving the rights of innocence, and in divesting power of the faculty of abuse_.
A line has been carefully drawn between the _noxious_ and the _blameless_ and useful part of the community; and while the injuries arising from the pursuits of the former are checked and restrained, the privileges of the latter are extended and enlarged. This, when properly contemplated, will be found to be the _true essence of good Police_--and this explains in the shortest compa.s.s that is possible, the _ultimate object of the design_.
The Bill comprehends five divisions:--The _first_ authorizes _the imposition of Licence Duties on certain cla.s.ses of Dealers already enumerated_:--The _second_ establishes a _Board of Police Revenue, and explains its powers and functions_:--The _third_ explains _the powers and regulations which apply to the Licensing System_:--The _fourth_ relates to _penalties_ and _procedure_: and the _fifth_ transfers the functions of _the Commissioners of Hackney Coaches and Chairs, and Hawkers and Pedlars, to the new Establishment, and makes provision for such Officers as may cease to be employed_.--While the proposed duties, although light upon the individuals, promise to be productive to a certain extent; the Licensing System is likely ”to purge the occupations placed under control from the imputations which are now but too deservedly cast upon them; and to make them by gradual steps the instruments of detection, instead of the means of concealment, of every species of fraud and violence.”[180]
[Footnote 180: See the 28th Report of the Select Committee, page 4.]
The functions of the Board, by comprehending whatever relates to the delinquency of the country, will establish a general responsibility which does not now exist, and which never has existed, with respect to the evils arising from the multiplication of crimes, while their diminution will depend on the zeal, ability, and discretion to be manifested by those to whom this important duty may be a.s.signed.