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so two thousand watchmen receiving from 8-1/2d. up to 2s. a night. These were the true successors of Dogberry; often infirm or aged persons appointed to keep them out of the workhouse. The management of this distracted force thus depended upon a miscellaneous set of bodies; the paid magistrates, the officials of the city, the justices of the peace for Middlesex, and the seventy independent parishes. The law was as defective as the administration. Colquhoun represents the philanthropic impulse of the day, and notices[106] that in 1787 Joseph II. had abolished capital punishment. His chief authority for more merciful methods is Beccaria; and it is worth remarking, for reasons which will appear hereafter, that he does not in this connection refer to Bentham, although he speaks enthusiastically[107] of Bentham's model prison, the Panopticon. Colquhoun shows how strangely the severity of the law was combined with its extreme capaciousness. He quotes Bacon[108] for the statement that the law was a 'heterogeneous mass concocted too often on the spur of the moment,' and gives sufficient proofs of its truth. He desires, for example, a law to punish receivers of stolen goods, and says that there were excellent laws in existence. Unfortunately one law applied exclusively to the case of pewter-pots, and another exclusively to the precious metals; neither could be used as against receivers of horses or bank notes.[109] So a man indicted under an act against stealing from ships on navigable rivers escaped, because the barge from which he stole happened to be aground. Gangs could afford to corrupt witnesses or to pay knavish lawyers skilled in applying these vagaries of legislation. Juries also disliked convicting when the penalty for coining sixpence was the same as the penalty for killing a mother. It followed, as he shows by statistics, that half the persons committed for trial escaped by petty chicanery or corruption, or the reluctance of juries to convict for capital offences. Only about one-fifth of the capital sentences were executed; and many were pardoned on condition of enlisting to improve the morals of the army. The criminals, who were neither hanged nor allowed to escape, were sent to prisons, which were schools of vice. After the independence of the American colonies, the system of transportation to Australia had begun (in 1787); but the expense was enormous, and prisoners were huddled together in the hulks at Woolwich a
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