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DISPOSAL of ACQUITTED CRIMINALS 2
whenever such a supply is to be procured in by that irregular and unhappy manner method, there
will be one the less wanted for every one the more than was before. It must be allowed
however that in the case proposed he is taken before that absolute necessity has commenced
A similar course might perhaps be expedient to be taken with persons convicted of
These reasons [I must confess] have operated convictions in my mind in favor of a Scheme of this sort; against every thing that can be said in deprecation of possible injustice.
bare Attempts to some crimes; with this difference that here being some degree of guilt implicitly
proved, they might be sent not into the service at large, but specially into to some state
reputed peculiarly hazardous, as in Africa or the East-Indies. The honor of the Army Service
which cannot be very scrupulously regarded in the choice of the 1 lower of it's the lower 2 subordinate members
Rogues could get none to be surety but Receivers; & it seems probable that Receivers would not be forward to become such on account of the scrutiny into their way of livelyhood which it would occasion. But least any thing of this sort should happen & through surety like the being become a trade, I have proposed as some sort of Check, a power to be vested in the Jury of disallowing the recognizance.
would be in some measure consulted, by the persons into circumstances respecting then placed in it, of the interception of their guilt
before it's [arrival at its'] final consummation.
But of this it belongs rather to the Gentleman dignitaries of that profession, than to any
one else, to judge.
It might also possibly be approved of as a means to prevent the desertion, that
such should be marked in some unconspicuous part of their body (as on their back) by in the
manner of the leper stigmatisation. with the date at which their service is to expire +
+ But this must be in letters words at length not in figures; by reason of the case with which these last might be falsified
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After all there may be danger with regard to the extending of the provision here proposed
to this latter class, least the punishment for the attempt being regarded by some
as greater that that annexed to the crime when consummated, might frustrate the design
of making a difference between in favor of the attempt former and serve as as a motive - for instead if
against the pushing on to accomplishment a criminal enterprize begun.
Particular modifications on this kind would be requisite if the upon new model for Juries proposed in III Ms 35 & c.
By way of remedy to this, it might be left to the option of the Criminal to submitt
either to this obligation, the term if proposed for its continuance being declared to him, or to the punishment
specifically allotted to his offence.
which is <del>
<del> extent of
Or it might be an instruction to them not to inflict this impose it without the alternative except
where in such case they should be satisfied there was no room for [a repentance] an alteration of Will to intervene between
the attempt & the consummation.
N.B. Observe there is always an Oath against them which obviates abuse.
If the proposal be not admitted absolutely and universally, it might be admitted with under these restrictions
1st That the culprit be not unmarried: 2nd That he be under age: 3rd That it be
his 2nd Trial.
[+] [+] It may be of use to call to instead not a few of the examples that may serve [which the fugitive histories of these transactions, as far as they may be defended or affords in proof confirmation]to swear of their of this proposal. One must be content to take them from Newspapers and compilations from Newspapers till it be thought expedient to take measures for giving some higher degree of authenticity to a body of experience of such Importance to the instruction of the Legislator.
Qv Annual Register 1771. Sept.18 p.141 A young Fellow was tried at the Old Bailey for Felony
& acquitted at 12 o'clock: at 2 he was detected in picking a Gentleman's pocket in Catherine
Street, carried before Fielding & before 3 found himself again safely lodged in Newgate
132. Matthew Polland who was executed at Tyburn Aug. 1771, tho' but 18 years of age, had been 5
evidence at the Old Bailey.
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