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Subject Area: Political Theory
Subject Area: Law

Bentham to Charles Abbot. † - Jeremy Bentham, The Works of Jeremy Bentham, vol. 10 (Memoirs Part I and Correspondence) [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 10.

Part of: The Works of Jeremy Bentham, 11 vols.

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Bentham to Charles Abbot.†

“I write what occurs to me on the instant, without having seen anybody else.

“Is the Shadwell office adjacent to the river? I rather think not. If not, it surely never can answer the purpose in question. The marine police is. I have been there: nothing can exceed it in point of convenience.

“I should doubt whether the union of ordinary business, such as that of the Shadwell office with the actual and proposed Thames police business, would be productive of advantage. In the Shadwell, as in the other police offices, the administrative part (I mean the management of the constables) is as nothing in comparison of the judicial. In the Thames Police-office, it is by far the greater of the two. If it succeeds to perfection, the judicial will be reduced to nothing. The intercourse and correspondence that, under the proposed bill, must be continually kept up between the justices and the proposed commissioners, is another source of appropriate occupation, and another circumstance that contributes to take the case out of that of an ordinary police office.

“Transferring the Shadwell office to the Marine Police-office, means, I presume, the dismissing the present Marine Police Magistrates, and putting present Shadwell ones in their room. This, I imagine, would be found incompatible with the prevention branch, which is the characteristic branch of the proposed system. I mean the extended organization and management of the River Guards. It was by Mr Colquhoun that this branch of the system was proposed and planned: it was on the personal confidence reposed in him by the parties interested, and by whom the whole of the expense of this branch has been defrayed, that the adoption of it was grounded. I have some reason for thinking, that if he were to withdraw his cooperation from it, the merchants would withdraw from it their confidence and their purse.

“Whatever intentions may have been entertained by somebody or other, of doing something or other, at some time or other, he is, in point of fact, the creator, and the sole creator of everything that has been done. His services have been gratuitous—that they should be so, was a condition sine quâ non of the offer which he made of them. He has fed the establishment out of his own pocket, over and over again—to save it from that dissolution to which official inertness would have condemned it. He has toiled at it, days and weeks together, from ten to fourteen hours in the day: he has sitten at it to be shot at, and has been shot at, and seen a man put to death by his side. Who the present Shadwell magistrates are, or what they are, I am altogether ignorant; but be they what they may, would it be consistent with common generosity (if it were practicable) to discard a man so circumstanced; and to put a set of strangers to reap the fruit of what he has sown?—I mean in point of honour: for that is the only fruit the field affords—but is it of no value?

“The appropriate information necessary to the due performance of such a business, seems to require two particular branches of experience: experience in mercantile affairs, and experience in nautical affairs.

“The first, he himself possesses in a very eminent degree: the assistant he chose (an ancient lieutenant in the East India service) possesses the second.

“Are both, or either of these requisites to be found in equal proportion among the Shadwell Justices?

“Towards giving support in the public opinion to a new establishment, there is something in character and celebrity.

“Of Mr Colquhoun’s book on the Police, 7500 copies have been sold—the fifth edition (2000) being just exhausted. It is upon his plans and opinions that the Report of the Finance Committee is principally and professedly grounded. Is there anything of this sort to be met with among the Shadwell Justices?

“A good deal more might have been said on this subject—even by me: I have scarce read it over. Send it me back when you have read it, and you shall have it again at any time.

“Your injunctions shall be punctually observed.”

As a specimen of a convenient plan of circulating, among members of Parliament and others, concise and comprehensive knowledge of intended legislation, I give a summary view of Colquhoun’s, or rather his own, bill, for the more effectual prevention of depredations on the River Thames, as drawn up by Bentham:—

“The Bumboat Act (2 Geo. III. c. 28) was passed in 1762:—Nothing was done under it for about fourteen years. The present temporary Marine Police-office had no other special ground for its proceedings than that act, which, though conducive to its object as far as it goes, has been shown, by a twelve-month’s experience, to be far indeed from adequate. What the Act contributes, is confined to penalties and legal powers. The Office furnishes civil Guards, properly equipped and armed, for the execution of those powers. The expense of these Guards being defrayed exclusively by a single branch of the trade, (viz. the West India,) out of twenty-eight, and more that may be distinguished, the immediate effects of the protection afforded by them, have, of course, been confined to that single branch of trade.

“To substitute, to this scanty and occasional detachment, a more permanent, as well as stronger force, commensurate, in point of numbers as well as funds, to the extent of the demand as furnished by the whole Trade, (not to speak of his Majesty’s floating property,) is one main object of this Bill:—to give the requisite extension to those penalties and those powers, is the other. From what has been done by the one, with such in-adequate means, as well as under numerous disadvantages, what could be done with adequate means, legal as well as pecuniary, may be inferred.

“In proportion as the following sketch is summary, the wording could not but be loose; but in the Bill itself, nothing can exceed, in point of anxiety, the care that has been taken for the security of innocence, and for divesting power of the faculty of abuse.

“If explanations of the grounds of the Bill, in point of reason and experience, be desired, they may be found, in a degree of detail rather beyond what is most customary, in the Preambles by which several of the Sections are introduced.

  • I.General Preamble.—Power to his Majesty to establish a Police Office, at or near Wapping New Stairs, under the name of the THAMES POLICE-OFFICE. Three Justices, (two of them to sit constantly,) with special powers herein-after mentioned, under the name of Special Justices, (§ 1.) Provisions of the existing Police-Act, (32 George III. c. 53,) extended, as far as applicable, to this Office. (§ 2.)
  • II. Power to Special Justices to appoint, suspend, and dismiss, divers sets of Constables, viz.: 1. Office-Constables for Land-service, (as in the existing Police-offices. (§ 3.) 2. Boat-Constables, for patroling the River in boats. 3. Ship-Constables, to be attached to ships during the unloading, &c., on application by persons interested. 4. Surveyors, with the powers of Constables, for inspecting and directing the other Constables. Power to the Lord Mayor and Aldermen, as also to the Trinity House, to dismiss any of these Constables. (§ 3 & 4.)
  • III. For defraying all such expenses of the Establishment, as are over and above the expenses of the other Police Offices, (the Fund for that purpose being distinguished by the Name of the Office Fund,) a peculiar Fund, under the Name of the Thames Police Guard Fund; to be raised by a set of Tonnage Duties, imposed on the several classes of persons benefited, in specified proportions, adjusted to the several degrees of benefit. (§ 5, 9, 10, 11.) Payment secured, by refusal of Clearance until a proper Certificate of payment be produced. (§ 14.) Sum raised, not to exceed £10,000 per annum, but to be reducible to any amount. (§ 9.) For this, and other purposes, a set of Commissioners, termed the Thames Police Fund Commissioners, to be chosen, one out of each of about 28 classes, of persons contributing to the Fund. (§ 5, 6.) Organization of the body of Commissioners—Provision for ensuring the attendance of different numbers, competent to different purposes—Meetings, general and special. Adjournments—Quorums sufficient—Chairman—Casting Votes. (§ 7.)—Vacant seats to be filled up by the Commissioners themselves, out of the class in which the vacancy takes place. (§ 8.) For necessary supplies, Meetings may be called by the Special Justices. (§ 13.) Powers for appointing Subordinates, viz.: Collector, Treasurer, Cashier, and Auditors; the Auditors out of their own number, and unpaid—Powers to Auditors for examining upon Oath. (§ 12.)—For manifest unfitness, a Commissioner may be suspended by his brethren; and, on their representation, dismissed by King in Council. (§ 51.)
  • IV. Provisions for securing the good behaviour of Working Lumpers, (labourers employed in the loading and unloading of Ships,) and their Masters.—The Master Lumpers not to act without a licence granted by the above Commissioners, or the Special Justices.—Licence discretionary, as in case of Ale-houses. (§ 15.) Working Lumpers, not without being registered—(§ 16.) Working Lumpers, quitting work, punishable as other labourers are, under 6 Geo. II. c. 25. (§ 18.) Power to Commissioners to make regulations for the government of Lumpers. (§ 19.) Lumpers’ Contracts, as particularized under heads, to be registered at the Office, for the purpose of ascertaining the conditions of the engagement, thereby preventing disputes, and rendering the parties responsible and forthcoming. (§ 20.) Special Justices to be furnished with the names and abodes of the Lumpers employed on board each Ship; as also of the Coopers, Watermen, and Lightermen. (§ 21.)
  • V. Power to Commissioners for making certain regulations relative to apparel, by prohibiting habiliments contrived (as at present) for secreting plunder; and for establishing distinctions visible at a distance, between persons having business on the spot, and persons not having business; and between persons in authority, and persons not in authority. (§ 17).
  • VI. Provisions specially applied to Ships.—Ship-Constables to be stationed by the Special Justices, on certain terms, at the instance of Owners or Consignees. (§ 23.) No Person to be charged for as a Watchman, who has not been sworn in as a Ship-Constable:—Any fit person recommended by the Ship’s Husband, shall be made a Ship-Constable. (§ 48.) Powers to the above Surveyors, for visiting Ships, directing the Ship-Constables, and inspecting the conduct of Lumpers, Coopers, &c. (§ 24.) Ship-Master to keep fastened up all the avenues to the Hold, but one; and that too, when goods are not discharging. (§ 22.) Powers to the Ship-Masters and Master-Lumpers for searching Working Lumpers: Master-Lumpers bound so to do, under a penalty, besides responsibility for specific loss. (§ 25.) Powers to Commissioners, at the instance of Owners and Consignees, to appoint Ship-Inspectors for saving spillings, drainings, &c., and thereby preventing wilful waste. (§ 31.)—General Powers to Commissioners to make regulations relative to the shipping, unloading, landing, warehousing, and sampling goods, for the prevention of waste, accident, and depredation. Power to King in Council, at the instance of the Lord Mayor and Aldermen, the Treasury Board, or the Board of Customs, to annul such regulations. (§ 49.).
  • VII. Provisions specially applied to Wharfs and Warehouses, in respect to landing, removing, sampling, &c.—Powers to the Commissioners, for appointing Wharf Inspectors, with the powers of Constables; also, at the instance of Owners and Consignees, Warehouse Inspectors. (§ 30.) Slight penalty, inflictable by summary procedure, for injuring packages, and letting out their contents, for the purpose of profiting by the waste. (§ 28.)
  • VIII. Provisions authorizing slight penalties, inflictable by summary procedure, on circumstantial evidence, aided by the examination of the delinquent, (as under the Bumboat Act, and Stolen-Metal Act,) where, on regular proof, it would be felony; and for attaching [punishment] upon the practice of depredation, in such stages of its progress, as are previous or subsequent to the felonious act.—Misdemeanour to have concealed Instruments for drawing off Liquors. (§ 32.) Misdemeanour to throw goods overboard to prevent discovery:—when it is from a boat, Power for apprehending the crew. (§ 34.)
  • IX. Powers of search, seizure, and arrest, exercisable on View, on suspicion of petty thefts committed in ships, lighters, boats, &c., landing places, and warehouses. The offence punishable, as a misdemeanour, with a slight penalty, as above. (§ 33.)
  • X. Powers of search, &c., on oath of suspicion, at a supposed Receiver’s. The offence, in default of regular proof, punishable as a misdemeanour.—The Bumboat Act amended in this behalf. (§ 33, 43.) Powers for tracing suspected goods through any number of hands;—another amendment of the Bumboat Act. (§ 37.) Penalty for fabricating false Bills of Parcels, to cover suspected goods. (§ 36.) Receivers, not authorized merely, but bound, (under a slight penalty,) to stop persons bringing (ship) goods to them, under suspicious circumstances. (§ 38.) To render the criminal intercourse dangerous on both sides, indemnity to Thieves convicting Receivers of felony or misdemeanour, as the case may be. (§ 39.)
  • XI. Provision for preventing the carrying off entire lighters with their cargoes, (a frequent offence.)—Commissioners may appoint Tickets, the want of which shall be a ground of suspicion, warranting Constables to search, &c., a Lighter navigated at suspicious hours. (§ 27.)
  • XII. Special Provision in regard to Coals.—Misdemeanour to carry off Coals from Ships, &c., otherwise than in the course of trade; or to suffer them to be carried off. (This, besides theft, prevents Coal-heavers from being paid in Coals, at the expense of the duty.) Powers of Arrest, &c. (§ 26.)
  • XIII. Provisions for preventing obstruction, and ensuring assistance to the execution of the law in this behalf.—Penalty for suppression of evidence—or other obstruction. Severe Penalty, if with force. (§ 44.)—Penalties for destroying or injuring Office-boats. (§ 45.)—Persons in general bound to assist Constables, not only on command, but, in case of need, without command. (§ 42.)
  • XIV. Penalties, and application thereof. (§ 40.) Procedure summary; no appeal, nor certiorari. (§ 41.)
  • XV. Further amendments of the Bumboat Act.—Offences against that Act punishable either as such, or as against this Act. (§ 46.) Boats, which, under that Act, are destroyed, may either be destroyed; or sold, or restored, on terms. (§ 43.) Misdemeanours, which, under that Act, are offences transportable for 14 years, deemed felonies;—that the procedure may be prompt, as in felonies, instead of dilatory, as in misdemeanours. (§ 46.)
  • XVI. Formal Clauses.—London Privileges saved.—Limitation of Actions.—General Issue.—Treble Costs.—This a Public Act. (§ 52, 53.)—Duration limited to Three Years.”

On the subject of the Marine Police Bill, the letters which follow are instructive, as showing the manner in which the public business was conducted:—

[† ] By an inadvertency, the name has, in a few instances, been printed Abbott instead of Abbot.