Penal transportation or transportation was the relocation of
convict
A convict is "a person found guilty of a crime and sentenced by a court" or "a person serving a sentence in prison". Convicts are often also known as "prisoners" or "inmates" or by the slang term "con", while a common label for former convict ...
ed criminals, or other persons regarded as undesirable, to a distant place, often a
colony
In modern parlance, a colony is a territory subject to a form of foreign rule. Though dominated by the foreign colonizers, colonies remain separate from the administration of the original country of the colonizers, the ''metropole, metropolit ...
, for a specified term; later, specifically established
penal colonies
A penal colony or exile colony is a settlement used to exile prisoners and separate them from the general population by placing them in a remote location, often an island or distant colonial territory. Although the term can be used to refer to ...
became their destination. While the
prisoners may have been released once the sentences were served, they generally did not have the resources to return home.
Origin and implementation
Banishment or forced
exile from a polity or society has been used as a punishment since at least the 5th century BC in
Ancient Greece
Ancient Greece ( el, Ἑλλάς, Hellás) was a northeastern Mediterranean civilization, existing from the Greek Dark Ages of the 12th–9th centuries BC to the end of classical antiquity ( AD 600), that comprised a loose collection of cult ...
. The practice of penal transportation reached its height in the
British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading post ...
during the 18th and 19th centuries.
Transportation removed the offender from society, mostly permanently, but was seen as more merciful than
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
. This method was used for criminals, debtors, military prisoners, and political prisoners.
Penal transportation was also used as a method of
colonization. For example, from the earliest days of English colonial schemes, new settlements beyond the seas were seen as a way to alleviate domestic social problems of criminals and
the poor as well as to increase the colonial labour force,
[ for the overall benefit of the realm.
]
Great Britain and the British Empire
Initially based on the royal prerogative of mercy, and later under English law, transportation was an alternative sentence imposed for a felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that res ...
. It was typically imposed for offences for which death
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...
was deemed too severe. By 1670, as new felonies were defined, the option of being sentenced to transportation was allowed. Forgery of a document, for example, was a capital crime until the 1820s, when the penalty was reduced to transportation. Depending on the crime, the sentence was imposed for life or for a set period of years. If imposed for a period of years, the offender was permitted to return home after serving his time, but had to make their own way back. Many offenders thus stayed in the colony as free persons, and might obtain employment as jailers or other servants of the penal colony.
England transported its convicts and political prisoners, as well as prisoners of war from Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to th ...
and Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, to its overseas colonies in the Americas from the 1610s until early in the American Revolution
The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolu ...
in 1776, when transportation to America was temporarily suspended by the Criminal Law Act 1776 (16 Geo. 3 c. 43). The practice was mandated in Scotland by an act of 1785, but was less used there than in England. Transportation on a large scale resumed with the departure of the First Fleet to Australia in 1787, and continued there until 1868.
Transportation was not used by Scotland before the Act of Union 1707; following union, the Transportation Act 1717 specifically excluded its use in Scotland. Under the Transportation, etc. Act 1785 (25 Geo. 3 c. 46) the Parliament of Great Britain specifically extended the usage of transportation to Scotland.["An act for the effectual transportation of felons, and other offenders, in that part of Great Britain called Scotland, and to authorize the removal of prisoners in certain places."](_blank)
/ref> It remained little used under Scots Law until the early 19th century.
In Australia, a convict who had served part of his time might apply for a ticket of leave, permitting some prescribed freedoms
Political freedom (also known as political autonomy or political agency) is a central concept in history and political thought and one of the most important features of democratic societies.Hannah Arendt, "What is Freedom?", ''Between Past and Fu ...
. This enabled some convicts to resume a more normal life, to marry and raise a family, and to contribute to the development of the colony.
Historical background
The trend towards more flexibility of sentencing
In England in the 17th and 18th centuries criminal justice was severe, later termed the Bloody Code. This was due to both the particularly large number of offences which were punishable by execution (usually by hanging), and to the limited choice of sentences available to judges for convicted criminals. With modifications to the traditional benefit of clergy, which originally exempted only clergymen from the general criminal law, it developed into a legal fiction
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales.
Deve ...
by which many common offenders of "clergyable" offences were extended the privilege to avoid execution. Many offenders were pardoned as it was considered unreasonable to execute them for relatively minor offences, but under the rule of law, it was equally unreasonable for them to escape punishment entirely. With the development of colonies, transportation was introduced as an alternative punishment, although legally it was considered a condition of a pardon, rather than a sentence in itself. Convicts who represented a menace to the community were sent away to distant lands. A secondary aim was to discourage crime for fear of being transported. Transportation continued to be described as a public exhibition of the king's mercy. It was a solution to a real problem in the domestic penal system. There was also the hope that transported convicts could be rehabilitated and reformed by starting a new life in the colonies. In 1615, in the reign of James I, a committee of the council had already obtained the power to choose from the prisoners those that deserved pardon and, consequently, transportation to the colonies. Convicts were chosen carefully: the Acts of the Privy Council showed that prisoners "for strength of bodie or other abilities shall be thought fit to be employed in foreign discoveries or other services beyond the Seas".
During the Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with " republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from th ...
, Oliver Cromwell
Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three K ...
overcame the popular prejudice against subjecting Christians to slavery or selling them into foreign parts, and initiated group transportation of military and civilian prisoners. With the Restoration, the penal transportation system and the number of people subjected to it, started to change inexorably between 1660 and 1720, with transportation replacing the simple discharge of clergyable felons after branding the thumb. Alternatively, under the second act dealing with Moss-trooper brigands on the Scottish border, offenders had their benefit of clergy taken away, or otherwise at the judge's discretion, were to be transported to America, "there to remaine and not to returne". There were various influential agents of change: judges' discretionary powers influenced the law significantly, but the king's and Privy Council's opinions were decisive in granting a royal pardon from execution.
The system changed one step at a time: in February 1663, after that first experiment, a bill was proposed to the House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
to allow the transporting of felons, and was followed by another bill presented to the Lords to allow the transportation of criminals convicted of felony within clergy or petty larceny. These bills failed, but it was clear that change was needed. Transportation was not a sentence in itself, but could be arranged by indirect means. The reading test, crucial for the benefit of clergy, was a fundamental feature of the penal system, but to prevent its abuse, this pardoning process was used more strictly. Prisoners were carefully selected for transportation based on information about their character and previous criminal record. It was arranged that they fail the reading test, but they were then reprieved and held in jail, without bail, to allow time for a royal pardon (subject to transportation) to be organised.
Transportation as a commercial transaction
Transportation became a business: merchants chose from among the prisoners on the basis of the demand for labour and their likely profits. They obtained a contract from the sheriffs, and after the voyage to the colonies they sold the convicts as indentured servants. The payment they received also covered the jail fees, the fees for granting the pardon, the clerk's fees, and everything necessary to authorise the transportation.[Beattie, 1986, p. 479] These arrangements for transportation continued until the end of the 17th century and beyond, but they diminished in 1670 due to certain complications. The colonial opposition was one of the main obstacles: colonies were unwilling to collaborate in accepting prisoners: the convicts represented a danger to the colony and were unwelcome. Maryland
Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; ...
and Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the East Coast of the United States, Atlantic Coast and the Appalachian Mountains. The geography an ...
enacted laws to prohibit transportation in 1670, and the king was persuaded to respect these.
The penal system was also influenced by economics: the profits obtained from convicts' labour boosted the economy of the colonies and, consequently, of England. Nevertheless, it could be argued that transportation was economically deleterious because the aim was to enlarge population, not diminish it; but the character of an individual convict was likely to harm the economy. King William's War (1688–1697) (part of the Nine Years' War) and the War of the Spanish Succession
The War of the Spanish Succession was a European great power conflict that took place from 1701 to 1714. The death of childless Charles II of Spain in November 1700 led to a struggle for control of the Spanish Empire between his heirs, Phili ...
(1701–14) adversely affected merchant shipping and hence transportation. In the post-war period there was more crime and hence potentially more executions, and something needed to be done. In the reigns of Queen Anne (1702–14) and George I (1714–27), transportation was not easily arranged, but imprisonment was not considered enough to punish hardened criminals or those who had committed capital offences, so transportation was the preferred punishment.[Beattie, 1986, p. 502]
Transportation Act 1717
There were several obstacles to the use of transportation. In 1706 the reading test for claiming benefit of clergy was abolished (5 Anne c. 6). This allowed judges to sentence "clergyable" offenders to a workhouse or a house of correction. But the punishments that then applied were not enough of a disincentive to commit crime: another solution was needed. The Transportation Act was introduced into the House of Commons in 1717 under the Whig government. It legitimised transportation as a direct sentence, thus simplifying the penal process.[Beattie, 1986, p. 503]
Non-capital convicts (clergyable felons usually destined for branding on the thumb, and petty larceny convicts usually destined for public whipping) were directly sentenced to transportation to the American colonies for seven years. A sentence of fourteen years was imposed on prisoners guilty of capital offences pardoned by the king. Returning from the colonies before the stated period was a capital offence. The bill was introduced by William Thomson, the Solicitor General, who was "the architect of the transportation policy". Thomson, a supporter of the Whigs, was Recorder of London and became a judge in 1729. He was a prominent sentencing officer at the Old Bailey and the man who gave important information about capital offenders to the cabinet.
One reason for the success of this Act was that transportation was financially costly. The system of sponsorship by merchants had to be improved. Initially the government rejected Thomson's proposal to pay merchants to transport convicts, but three months after the first transportation sentences were pronounced at the Old Bailey, his suggestion was proposed again, and the Treasury contracted Jonathan Forward, a London merchant, for the transportation to the colonies. The business was entrusted to Forward in 1718: for each prisoner transported overseas, he was paid £3 (), rising to £5 in 1727 (). The Treasury also paid for the transportation of prisoners from the Home Counties.
The "Felons' Act" (as the Transportation Act was called) was printed and distributed in 1718, and in April twenty-seven men and women were sentenced to transportation. The Act led to significant changes: both petty
Petty may refer to:
People
* Bruce Petty (born 1929), Australian political satirist and cartoonist
* Bryce Petty (born 1991), American football player
* Dini Petty (born 1945), Canadian television and radio host
* Eric D. Petty (born 1954), Am ...
and grand larceny were punished by transportation (seven years), and the sentence for any non-capital offence was at the judge's discretion. In 1723 an Act was presented in Virginia to discourage transportation by establishing complex rules for the reception of prisoners, but the reluctance of colonies did not stop transportation.
In a few cases before 1734, the court changed sentences of transportation to sentences of branding on the thumb or whipping, by convicting the accused for lesser crimes than those of which they were accused.[Beattie, 2001, p. 435] This manipulation phase came to an end in 1734. With the exception of those years, the Transportation Act led to a decrease in whipping of convicts, thus avoiding potentially inflammatory public displays. Clergyable discharge continued to be used when the accused could not be transported for reasons of age or infirmity.
Women and children
Penal transportation was not limited to men or even to adults. Men, women, and children were sentenced to transportation, but its implementation varied by sex and age. From 1660 to 1670, highway robbery, burglary, and horse theft were the offences most often punishable with transportation for men. In those years, five of the nine women who were transported after being sentenced to death were guilty of simple larceny, an offence for which benefit of clergy was not available for women until 1692. Also, merchants preferred young and able-bodied men for whom there was a demand in the colonies.
All these factors meant that most women and children were simply left in jail. Some magistrates supported a proposal to release women who could not be transported, but this solution was considered absurd: this caused the Lords Justices to order that no distinction be made between men and women. Women were sent to the Leeward Islands, the only colony that accepted them, and the government had to pay to send them overseas. In 1696 Jamaica
Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of Hispan ...
refused to welcome a group of prisoners because most of them were women; Barbados
Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Islands. It occupies an area of and has a population of about 287,000 (2019 estimate ...
similarly accepted convicts but not "women, children nor other infirm persons".
Thanks to transportation, the number of men whipped and released diminished, but whipping and discharge were chosen more often for women. The reverse was true when women were sentenced for a capital offence, but actually served a lesser sentence due to a manipulation of the penal system: one advantage of this sentence was that they could be discharged thanks to benefit of clergy while men were whipped.[Beattie, 2001, p. 444] Women with young children were also supported since transportation unavoidably separated them. The facts and numbers revealed how transportation was less frequently applied to women and children because they were usually guilty of minor crimes and they were considered a minimal threat to the community.
The end of transportation
The outbreak of the American Revolutionary War
The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of ...
(1775–1783) halted transportation to America. Parliament claimed that "the transportation of convicts to his Majesty's colonies and plantations in America ... is found to be attended with various inconveniences, particularly by depriving this kingdom of many subjects whose labour might be useful to the community, and who, by proper care and correction, might be reclaimed from their evil course"; they then passed "An act to authorize ... the punishment by hard labour of offenders who, for certain crimes, are or shall become liable to be transported to any of his Majesty's colonies and plantations."[Marilyn C. Baseler]
"Asylum for Mankind": America, 1607-1800
p.124-127 For the ensuing decade, men were instead sentenced to hard labour and women were imprisoned. Finding alternative locations to send convicts was not easy, and the act was extended twice by the Criminal Law Act 1778 (18 Geo. 3 c. 62) and the Criminal Law Act 1779 (19 Geo. 3, c. 54). This resulted in a 1779 inquiry by a Parliamentary Committee on the entire subject of transportation and punishment; initially the Penitentiary Act was passed, introducing a policy of state prisons as a measure to reform the system of overcrowded prison hulks that had developed, but no prisons were ever built as a result of the act. The Transportation, etc. Act 1784 (24 Geo. 3 c. 56) and the Transportation, etc. Act 1785 (25 Geo. 3 c. 46) also resulted to help alleviate overcrowding. Both acts empowered the Crown to appoint certain places within his dominions, or outside them, as the destination for transported criminals; the acts would move convicts around the country as needed for labour, or where they could be utilized and accommodated.
The overcrowding situation and the resumption of transportation would be initially resolved by Orders in Council on 6 December 1786, by the decision to establish a penal colony in New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
, on land previously claimed for Britain in 1770, but as yet not settled by Britain or any other European power. The British policy toward Australia, specifically for use as a penal colony, within their overall plans to populate and colonise the continent, would differentiate it from America, where the use of convicts was only a minor adjunct to its overall policy.[Hugh Edward Egerton]
A short history of British colonial policy
p.262–269 (1897) In 1787, when transportation resumed to the chosen Australian colonies, the far greater distance added to the terrible experience of exile, and it was considered more severe than the methods of imprisonment employed for the previous decade. The Transportation Act 1790 (30 Geo. 3 c. 47) officially enacted the previous orders in council into law, stating "his Majesty hath declared and appointed... that the eastern coast of New South Wales, and the islands thereunto adjacent, should be the place or places beyond the seas to which certain felons, and other offenders, should be conveyed and transported ... or other places". The act also gave "authority to remit or shorten the time or term" of the sentence "in cases where it shall appear that such felons, or other offenders, are proper objects of the royal mercy"
At the beginning of the 19th century, transportation for life became the maximum penalty for several offences which had previously been punishable by death. With complaints starting in the 1830s, sentences of transportation became less common in 1840 since the system was perceived to be a failure: crime continued at high levels, people were not dissuaded from committing felonies, and the conditions of convicts in the colonies were inhumane. Although a concerted program of prison building ensued, the Short Titles Act 1896
The Short Titles Act 1896 (59 & 60 Vict c 14) is an Act of the Parliament of the United Kingdom. It replaces the Short Titles Act 1892.
This Act was retained for the Republic of Ireland by section 2(2)(a) of, and Part 4 of Schedule 1 to, the St ...
lists seven other laws relating to penal transportation in the first half of the 19th century.
The system of criminal punishment by transportation, as it had developed over nearly 150 years, was officially ended in Britain in the 1850s, when that sentence was substituted by imprisonment with penal servitude, and intended to punish. The Penal Servitude Act 1853 (16 & 17 Vict. c. 99), long titled "An Act to substitute, in certain Cases, other Punishment in lieu of Transportation," enacted that with judicial discretion, lesser felonies, those subject to transportation for less than 14 years, could be sentenced to imprisonment with labour for a specific term. To provide confinement facilities, the general change in sentencing was passed in conjunction with the Convict Prisons Act 1853 (16 & 17 Vict. c. 121), long titled "An Act for providing Places of Confinement in England or Wales for Female Offenders under Sentence or Order of Transportation." The Penal Servitude Act 1857 (20 & 21 Vict. c. 3) ended the sentence of transportation in virtually all cases, with the terms of sentence initially being of the same duration as transportation. While transport was greatly reduced following enactment of the 1857 act, the last convicts sentenced to transportation arrived in Western Australia in 1868. During the 80 years of its use to Australia, the number of transported convicts totaled about 162,000 men and women. Over time the alternative terms of imprisonment would be somewhat reduced from their terms of transportation.
Transportation locations
Transportation to North America
From the early 1600s until the American Revolution
The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolu ...
of 1776, the British colonies in North America received transported British criminals. Destinations were the island colonies of the West Indies
The West Indies is a subregion of North America, surrounded by the North Atlantic Ocean and the Caribbean Sea that includes 13 independent island countries and 18 dependencies and other territories in three major archipelagos: the Great ...
and the mainland colonies that became the United States of America.
In the 17th century transportation was carried out at the expense of the convicts or the shipowners. The Transportation Act 1717 allowed courts to sentence convicts to seven years' transportation to America. In 1720, an extension authorized payments by the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has differen ...
to merchants contracted to take the convicts to America. The Transportation Act made returning from transportation a capital offence. The number of convicts transported to North America is not verified: John Dunmore Lang has estimated 50,000, and Thomas Keneally has proposed 120,000. Maryland received a larger felon quota than any other province. Many prisoners were taken in battle from Ireland or Scotland and sold into indentured servitude
Indentured servitude is a form of Work (human activity), labor in which a person is contracted to work without salary for a specific number of years. The contract, called an "indenture", may be entered "voluntarily" for purported eventual compensa ...
, usually for a number of years. The American Revolution brought transportation to the North American mainland to an end. The remaining British colonies (in what is now Canada) were regarded as unsuitable for various reasons, including the possibility that transportation might increase dissatisfaction with British rule among settlers and/or the possibility of annexation by the United States – as well as the ease with which prisoners could escape across the border.
After the termination of transportation to North America, British prisons became overcrowded, and dilapidated ships moored in various ports were pressed into service as floating gaols known as "hulks". Following an 18th-century experiment in transporting convicted prisoners to Cape Coast Castle (modern Ghana) and the Gorée (Senegal) in West Africa, British authorities turned their attention to New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
(in what would become Australia).
From the 1820s until the 1860s, convicts were sent to the Imperial fortress colony of Bermuda
)
, anthem = " God Save the King"
, song_type = National song
, song = "Hail to Bermuda"
, image_map =
, map_caption =
, image_map2 =
, mapsize2 =
, map_caption2 =
, subdivision_type = Sovereign state
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, ...
(part of British North America
British North America comprised the colonial territories of the British Empire in North America from 1783 onwards. English overseas possessions, English colonisation of North America began in the 16th century in Newfoundland (island), Newfound ...
) to work on the construction of the Royal Naval Dockyard
Royal Navy Dockyards (more usually termed Royal Dockyards) were state-owned harbour facilities where ships of the Royal Navy were built, based, repaired and refitted. Until the mid-19th century the Royal Dockyards were the largest industrial c ...
and other defence works, including at the East End of the archipelago, where they were accommodated aboard the hulk of HMS ''Thames'' at an area still known as " Convict Bay", at St. George's town.
Transportation to Australia
In 1787, the First Fleet, a group of convict ships departed from England to establish the first colonial settlement in Australia, as a penal colony. The First Fleet included boats containing food and animals from London. The ships and boats of the fleet would explore the coast of Australia by sailing all around it looking for suitable farming land and resources. The fleet arrived at Botany Bay, Sydney on 18 January 1788, then moved to Sydney Cove (modern-day Circular Quay) and established the first permanent European settlement in Australia. This marked the beginning of the European colonisation of Australia.
Violent conflict on the Australian frontier between indigenous Australians
Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples o ...
and the colonists began only months after the First Fleet landed, lasting over a century. Convicts forced to work in the bush on the frontier were sometimes the victims of indigenous attacks, while convicts and ex-convicts also attacked indigenous people in some instances, such as the Myall Creek Massacre. In the Hawkesbury and Nepean Wars, a group of Irish convicts joined the Aboriginal coalition of Eora, Gandangara, Dharug and Tharawal nations in their fight against the colonists.
Norfolk Island, east of the Australian mainland, was a convict penal settlement from 1788 to 1794, and again from 1824 to 1847. In 1803, Van Diemen's Land (modern-day Tasmania) was also settled as a penal colony, followed by the Moreton Bay Settlement (modern Brisbane
Brisbane ( ) is the capital and most populous city of the states and territories of Australia, Australian state of Queensland, and the list of cities in Australia by population, third-most populous city in Australia and Oceania, with a populati ...
, Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
) in 1824. The other Australian colonies were established as "free settlements", as non-convict colonies were known. However, the Swan River Colony (Western Australia) accepted transportation from England and Ireland in 1851, to resolve a long-standing labour shortage.
Two penal settlements were established near modern-day Melbourne
Melbourne ( ; Boonwurrung/ Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a me ...
in Victoria but both were abandoned shortly after. Later, a free settlement was established and this settlement later accepted some convict transportation.
Until the massive influx of immigrants during the Australian gold rushes of the 1850s, free settlers had been outnumbered by penal convicts and their descendants. However, compared to the British American colonies, Australia received a larger number of convicts.
Convicts were generally treated harshly, forced to work against their will, often doing hard physical labour and dangerous jobs. In some cases they were cuffed and chained in work gangs. The majority of convicts were men, although a significant portion were women. Some were as young as 10 when convicted and transported to Australia. Most were guilty of relatively minor crimes like theft of food/clothes/small items, but some were convicted of serious crimes like rape or murder. Convict status was not inherited by children, and convicts were generally freed after serving their sentence, although many died during transportation and during their sentence.
Convict assignment (sending convicts to work for private individuals) occurred in all penal colonies aside from Western Australia
Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to ...
, and can be compared with the practice of convict leasing
Convict leasing was a system of forced penal labor which was practiced historically in the Southern United States, the laborers being mainly African-American men; it was ended during the 20th century. (Convict labor in general continues; ...
in the United States.
Transportation from Great Britain and Ireland ended at different times in different colonies, with the last being in 1868, although it had become uncommon several years earlier thanks to the loosening of laws in Britain, changing sentiment in Australia, and groups such as the Anti-Transportation League
The Australasian Anti-Transportation League was a body established to oppose penal transportation to Australia.C. H. Currey"Denison, Sir William Thomas (18041871)" ''Australian Dictionary of Biography'', National Centre of Biography, Australian ...
.
In 2015, an estimated 20% of the Australian population had convict ancestry. In 2013, an estimated 30% of the Australian population (about 7 million) had Irish ancestry - the highest percentage outside of Ireland - thanks partially to historical convict transportation.
Transportation from British India
In British India
The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
– including the province of Burma
Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John C. Wells, Joh ...
(now Myanmar
Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John Wells explai ...
) and the port of Karachi
Karachi (; ur, ; ; ) is the most populous city in Pakistan and 12th most populous city in the world, with a population of over 20 million. It is situated at the southern tip of the country along the Arabian Sea coast. It is the former ...
(now part of Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
) – Indian independence activists were penally transported to the Andaman Islands
The Andaman Islands () are an archipelago in the northeastern Indian Ocean about southwest off the coasts of Myanmar's Ayeyarwady Region. Together with the Nicobar Islands to their south, the Andamans serve as a maritime boundary between th ...
. A penal colony was established there in 1857 with prisoners from the Indian Rebellion of 1857. As the Indian independence movement swelled, so did the number of prisoners who were penally transported.
The Cellular Jail, also called Kālā Pānī or Kalapani (Hindi for black waters), was constructed between 1896 and 1906 as a high-security prison with 698 individual cells for solitary confinement. Surviving prisoners were repatriated in 1937. The penal settlement was shut down in 1945. An estimated 80,000 political prisoners were transported to the Cellular Jail[ which became known for its harsh conditions, including forced labor; prisoners who went on hunger strikes were frequently ]force-fed
Force-feeding is the practice of feeding a human or animal against their will. The term ''gavage'' (, , ) refers to supplying a substance by means of a small plastic feeding tube passed through the nose ( nasogastric) or mouth (orogastric) into t ...
.
Use by France
France transported convicts to Devil's Island and New Caledonia in the 19th and early-to-mid 20th centuries. Devil's Island, a French penal colony in Guiana, was used for transportation from 1852 to 1953. New Caledonia became a French penal colony from the 1860s until the end of the transportations in 1897; about 22,000 criminals and political prisoners (most notably Communards) were sent to New Caledonia.
The most famous transported prisoner is probably French army officer Alfred Dreyfus, wrongly convicted of treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
in a trial in 1894, held in an atmosphere of antisemitism
Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism.
Antis ...
. He was sent to Devil's Island. The case became a cause célèbre known as the Dreyfus Affair, and Dreyfus was fully exonerated in 1906.
Deportations in the Soviet Union
Unlike normal penal transportation, many Soviet people were transported as criminals in forms of deportation
Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...
being proclaimed as enemies of people in a form of collective punishment. During the Second World War
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
, the Soviet Union transported up to 1.9 million people from western republics to Siberia and the Central Asian republics of the Union. Most were persons accused of treasonous collaboration with Nazi Germany, or of Anti-Soviet rebellion. Following death of Joseph Stalin, most of them rehabilitated. Populations targeted included Volga Germans
The Volga Germans (german: Wolgadeutsche, ), russian: поволжские немцы, povolzhskiye nemtsy) are ethnic Germans who settled and historically lived along the Volga River in the region of southeastern European Russia around Saratov ...
, Chechens
The Chechens (; ce, Нохчий, , Old Chechen: Нахчой, ''Naxçoy''), historically also known as ''Kisti'' and '' Durdzuks'', are a Northeast Caucasian ethnic group of the Nakh peoples native to the North Caucasus in Eastern Europe. "E ...
, and Caucasian Turkic populations. The transportations had a twofold objective: to remove potential liabilities from the warfront, and to provide human capital for the settlement and industrialization of the largely underpopulated eastern regions. The policy continued until February 1956, when Nikita Khrushchev in his speech '' On the Personality Cult and its Consequences'' condemned the transportation as a violation of Leninist principles. Whilst the policy itself was rescinded, the transported populations did not begin to return to their original metropoles until after the collapse of the Soviet Union, in 1991.
In popular culture
Performing arts
Penal transportation is a feature of many broadsides, a new type of folk song that developed in eighteenth-century England. A number of these transportation ballads have been collected from traditional singers. Examples include " Van Diemen's Land," " The Black Velvet Band," and " The Fields of Athenry."
Timberlake Wertenbaker's play '' Our Country's Good'' is set in 1780s in the first Australian penal colony. In the 1988 play, convicts and Royal Marines arrive aboard a First Fleet ship and settle New South Wales
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. Convicts and guards interact as they rehearse a theatre production, which the governor had suggested as an alternate form of entertainment instead of watching public hangings.
In the TV show '' American Gods'', episode 7 season 1, for one of a side story Emily Browning is playing Essie that is transported twice in her life, bringing with her in America the Leprechaun legend.
In the TV show, '' Murdoch Mysteries'', episode 6 season 14, "The Ministry of Virtue," Murdoch must investigate the death of a woman who was sentenced to a bridal version of the punishment. Namely, Murdoch learns of "Virtue Girls," British female convicts who have accepted the alternative of agreeing to marry bachelors in Canada instead of being sentenced to prison.
Literature
One of the key characters in Charles Dickens
Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English writer and social critic. He created some of the world's best-known fictional characters and is regarded by many as the greatest novelist of the Victorian e ...
's novel '' Great Expectations'' is an escaped convict, Abel Magwitch. Pip helps him in the opening pages of the novel, and he later turns out to be Pip's secret benefactor – the source of his "great expectations". Magwitch, who had been apprehended shortly after the young Pip had helped him, was thereafter sentenced to transportation for life to New South Wales
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, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
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in Australia. While so exiled, he earned the fortune that he later would use to help Pip. Further, it was Magwitch's desire to see the "gentleman" that Pip had become that motivated him to illegally return to England, which ultimately led to his arrest and death. ''Great Expectations'' was published in serial form in 1860–1861.
''My Transportation for Life'', Indian freedom fighter Veer Savarkar
Vinayak Damodar Savarkar (), Marathi pronunciation: inaːjək saːʋəɾkəɾ also commonly known as Veer Savarkar (28 May 1883 – 26 February 1966), was an Indian politician, activist, and writer.
Savarkar developed the Hindu nation ...
's memoir of his imprisonment, is set in the British Cellular Jail in the Andaman Islands
The Andaman Islands () are an archipelago in the northeastern Indian Ocean about southwest off the coasts of Myanmar's Ayeyarwady Region. Together with the Nicobar Islands to their south, the Andamans serve as a maritime boundary between th ...
. Savarkar was imprisoned there from 1911 to 1921.
Franz Kafka
Franz Kafka (3 July 1883 – 3 June 1924) was a German-speaking Bohemian novelist and short-story writer, widely regarded as one of the major figures of 20th-century literature. His work fuses elements of realism and the fantastic. It ty ...
's story "In der Strafkolonie" (" In the Penal Colony"), published in 1919, was set in an unidentified penal settlement where condemned prisoners were executed by a brutal machine. The work was later adapted for several other media, including an opera by Philip Glass.
The novel '' Papillon'' tells the story of Henri Charrière, a French man convicted of murder in 1931 and exiled to the French Guiana penal colony on Devil's Island. A film adaptation of the book was made in 1973, starring Steve McQueen and Dustin Hoffman.
The British author W. Somerset Maugham set several stories in the French Caribbean penal colonies. In 1935 he had stayed at Saint-Laurent-du-Maroni in French Guiana
French Guiana ( or ; french: link=no, Guyane ; gcr, label=French Guianese Creole, Lagwiyann ) is an overseas departments and regions of France, overseas department/region and single territorial collectivity of France on the northern Atlantic ...
. His 1939 novel ''Christmas Holiday'' and two short stories in 1940's '' The Mixture as Before'' were set there, although he "ignored the brutal punishments and painted a pleasant picture of the infamous colony."
Penal transportation, typically to other planets, sometimes appears in works of science fiction
Science fiction (sometimes shortened to Sci-Fi or SF) is a genre of speculative fiction which typically deals with imagination, imaginative and futuristic concepts such as advanced science and technology, space exploration, time travel, Paral ...
. A classic example is '' The Moon is a Harsh Mistress'' by Robert Heinlein (1966), in which convicts and political dissidents are transported to lunar colonies in order to grow food for Earth. In Heinlein's book, a sentence of lunar transportation is necessarily permanent, as the long-term physiological effects of the moon's weak surface gravity (about one-sixth that of Earth) leave "loonies" unable to return safely to Earth.
See also
* Home children
* Millbank Prison
*Penology
Penology (from "penal", Latin ''poena'', " punishment" and the Greek suffix '' -logia'', "study of") is a sub-component of criminology that deals with the philosophy and practice of various societies in their attempts to repress criminal activit ...
*Prison
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
* Windrush scandal
* :Australian penal colonies
Notes
References
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* Maxwell-Stewart, Hamish. "Convict Transportation from Britain and Ireland 1615–1870", ''History Compass'' 8#11 (2010): 1221–42.
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* {{Citation, last1=Shoemaker, first1=Robert B., title=Prosecution and Punishment. Petty crime and the law in London and rural Middlesex, c. 1660–1725, year=1999, publisher=Longman, location=Harlow, Essex, isbn=978-0-582-23889-3.
External links
UK National archives
Convict life – State Library of NSW
Convict Transportation Registers
Convict Queenslanders
Forced migration
History of immigration to Australia
Convictism in Australia
Punishments
Crime in Australia
Penal labour