date

nd [wm 1794] A Introd Obsns
nd [wm 1794]

A

Introd Obsns[?]

1

The provisions of the present Bill embrace a part, and but a part, of a more extensive plan the remaining parts of which will be brought forward or not according to the determination of those to whom it belongs to judge.

The main object /feature/ of it is that /comes under the head of police: and consists in the idea/ of applying a new check to depredation in all its forms, by opposing fresh difficulties and dangers to the faculty of disposing of the fruits of it. The principal means employed is the subjecting to a discretionary licence, as in the case of Public Houses such trades /occupations/ as, by reason of the mode of dealing in them have a peculiar tendency to afford facilities for that purpose.

Another feature of it consists in the {collateral} idea of extracting from the measures necessary directed more particularly to the prevention of offences, advantages /a collateral advantage/ referable to the head of conscience[?], as also a stack of political or statistical information, a secondary acquisition in its nature alike serviceable, to both these primary purposes. Three objects are accordingly pursued, and pursued in conjunction, throughout the whole – Prevention of crimes – augmentation of Revenue, and procurement of information.

Using the word economy in the most extensive sense, this is carrying economy to the highest pitch: compassing sometimes two, sometimes three ends at the expence necessary for one at an epence not greater than what would have been necessary to the at-

-tainment
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    A third example is the London Hackney Coach system, in which the same junction of objects /views/ is still discernible – but not to go into any further minuteness upon an object comparatively so minute, the bare intimation may here suffice.

    With which of the three classes /divisions/ of statesman the respective /several/ systems happened respectively to originate may not in every instance be easy to ascertain. The man of finance stands forth as the most probable author of all inventions: his necessities being of the most pressing kind /the most pressing in their nature/. But frequently where one of the three has been the only one to open the mine, the others have slipt in, and set to work at it, /were/ each for the /his own/ benefit of his own department: and thus it has happened – that the man of finance has from time to time added to the licence duty upon publicans for the sole purposes of finance, while an inferior rate of duty seconded[?] by the discretionary part of the licencing system was all that would have been necessary to the accomplishment of the main /principal/ objects views at least of the man of Police.
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    §. 45

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    That there are cases in which anonymous information may have its use – that is, that real benefit may be derived to the public from there are cases in which information may be productive of benefit to the public, although the informant should not at the time of giving the information nor even at any subsequent time, make himself or be made known, will not be denied by any one.

    One case is – where a crime is as yet but meditated, and an anonymous informant without saying by whom meditated, gives such information of it as serves for the prevention of it, no person in particular being called to account, or to so much as suspected of being concerned in it. Newgate is intended to be broke open tomorrow night – The Bank is intended to be broke open tomorrow night – A quantity of smuggled goods lie concealed in such or such a hole or cave – Suppose a man to give information to any such effect without making himself known, supporting it by indications, which an enquiry prove to be true. Is it better that Newgate should be emptied of its inhabitants or the Bank of its treasures, than that anonymous information of this sort should be attended to and acted upon? – The Gunpowder plot would not have

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    In the description of the offence for the purpose prohibition, punishment, and other operations subservient to the object /purpose/ of prevention it will be necessary or at least advantageous to the legislator to include on the one hand the whole assemblage of the different descriptions of persons that on any occasion may come to be concerned – in the production of the obnoxious effect. this may be endeavoured either 1 by generic terms sufficiently comprehensive or by specific terms sufficiently numerous and precise. Neither of these expedients are to be neglected: the latter is useful for facility of intelligence: the former for permanence of effect. The latter will be the work of history; the former, of genius. Observation and memory will be the faculties employd in the description of the latter: imagination, in the description of the former. Specification must comprize every thing that has been done: Generic notation every thing that either has been done or can be done. Specification is necessary for the information of the delinquent, that he may see beyond a doubt that his case has been provided for and that in case of his perseverance in deliquency the hand of the law will reach: it is also necessary /nor is it altogether unnecessary/ for the information of the Judge (it is the more necessary in proportion to the weakness of his intellectual faculties[)], that he may have be forearmed against all doubts with regard to the real intention and true interpretation of the law. But were it only with /had the necessity of it no other/ reference to the person exposed to the temptation of falling into delinquency that the demand for specification had place this would be sufficient to prescribe the use of it: for avail[?] at one[?] and impotent is that law which wants any of the necessary means for conveying to the knowledge of any one of those whose conduct it is designed to guide.