Your Committee begs to inform the House, That, in further Execution
of their Orders, they directed their Chairman to apply to Lord Sydney,
his Majesty's Secretary of State for the Home Department, for copies of
all Plans which have been submitted to Government for the transportation
of Criminals . . . That his Lordship, in Answer, informed the Committee,
that different Ideas had been suggested on the Subject, but that such
Suggestions were either made in Conversation, or appeared, from the Nature
of them, unworthy of the Attention of the Committee, and that no such
Plan as was required existed in his Office. . . .
That the Committee are far from arraigning the late Increase in the
Number of public Executions, though they lament them the more, because
these Sacrifices to Public Justice have produced no other Effect than
the Removal of the Offenders in Question; and that Crimes still multiply,
in Defiance of the severest Exertions of Justice.
The Committee further observe, That these Mischiefs are in great Measure
to be attributed to the Want of a proper Place for the Transportation
of Criminals - That the old system of Transporting to America,
answered every good Purpose which could be expected from it - That it
tended directly to reclaim the Objects on which it was inflicted, and
to render them good Citizens . . . That it tended to break down, in their
Infancy, those Gangs and Combinations which have since proved so injurious
to the Community . . . That the Colonies seem to have been sensible of
the beneficial Consequences of this Practice - That the Convicts whose
Labour was so purchased were usually removed into the Back Country, and
finding none of the Temptations, in that new State of Things, which occasioned
their Offences at Home, it does not appear that the Police or Peace of
the Colonies suffered in any considerable Degree by them.
The Committee further observe, on the Nature of Transportation, that
though the next Punishment, in Point of Severity, to a Capital Sentence,
it answers very imperfectly the Purpose of Example - That though a transported
Convict may suffer under his Sentence, his Sufferings are unseen; That
his Chasm is soon filled up, and, being as soon forgotten, it strikes
no Terror into the Minds of those for whose Correction it was intended
to operate, though the Public may gain very importantly by his Removal.
. . .
The Committee observe . . . That, therefore, their Enquiry will be confined
to such Portions of the Continent as are comprehended in the limits of
no European State - That it appears to this Committee, that a vast
Tract of Country, answering this Description, lies on the West Coast of
Africa, between Twenty and Thirty Degrees of South Latitude . .
. That this Coast has been seldom visited by any Europeans, and
that it does not appear that any Settlers whatever are to be found on
any Part of it, tho' the Soil is fertile, productive of the best Herbage,
and abounds with great Herds of wild Cattle, as Sheep, Horses, and Cows,
and also all the Animals and Birds peculiar to the Tropical Climates .
. . That in the more Mountainous Parts, particularly near the great River
Das Voltas, there is a Vein of Copper Ore which contains One Third
of pure Metal . . . That the Bay and River of Das Voltas would
be an excellent Place for the Homeward-bound Indiamen . . . That it might
also promote the Purposes of future Commerce or of future Hostility in
the South Seas. . . .
|
Recommendations for the Disposal of Convicts, 1785 . |
The Committee also observe, That if the Convicts are landed before the
Month of November . . . they will have the whole Summer to raise
Habitations, and make other Preparations for their future Subsistence
and Security - That among the Convicts now sentenced specifically to Africa,
or whose Place of Transportation depends on His Majesty, it will be proper
to select for this service Artificers, Mechanics, and Husbandmen, though,
if the latter should be wanting, it will not be material, as in such Climates
as are usually found between 20 and 30 degrees of South Latitude, the
Cultivation of Land requires very little Skill or Labour.
The Committee further observe . . . That many American Families
are desirous of settling in any healthy Part of the Globe where they can
rely on the Protection of the British Government; and that they
will readily resort to the Coast in Question, under proper Encouragement
to do so - That Settlers of this Description will be very Instrumental
in keeping the Convicts in due Subordination; and that their Labour may
be assigned to them, under proper Restrictions - That if the Colony should
flourish and become numerous, it may prove the Means of Annually relieving
the Gaols of the Kingdom; and that it is desirable to divert the Spirit
of Emigration, which leads so many British Subjects Annually to
the United States, to Countries which are still subject to the Crown of
Great Britain - That all Discoveries as well as great Commercial
Establishments now existing in distant Parts of the Globe . . . have opened
the Way to the greatest National Advantages. . . .
On considering the Whole of the Subject, the Committee are of Opinion,
That if the Legislature persists in the System of Transporting Criminals
to Africa, the scheme now suggested is the only One which appears
to them of a practicable Nature; yet, as it will not answer the Purpose
of annual Transportation, unless it becomes a numerous and flourishing
Colony, which will require for many Years the foster Hand of the Mother
Country, the Committee recommend the Adoption of it, so far only as the
Commercial and Political Benefits of a Settlement on the South West Coast
of Africa may be deemed of sufficient Consequence to warrant the
Expence inseparable from such an Undertaking, at the same Time that it
restores Energy to the Execution of the Law, and contributes to the interior
Police of this Kingdom.
Thomas Butterworth Bailey, Esquire, an acting Magistrate for
the County of Lancashire, being examined, acquainted the Committee, That
the Magistrates at Quarter Sessions have experienced great Difficulties
in inflicting the Punishment of Transportation for Seven Years, the Sentence
being for Transportation generally, to some Parts beyond the Seas, as
the Magnitude of the Punishment is rendered very uncertain, from the Difference
of the Climate and Country to which they may be sent, and from the Uncertainty
of the Offenders being able to return after the Expiration of the Term.
- That under this Embarrassment they have sentenced Persons to Imprisonment
in England for different Terms, whom otherwise they would have
sentenced to Transportation. - That in consequence of this a very great
Accumulation of Prisoners has taken place in the County Gaol, and other
Prisons, where there is not Accommodation for them. . . . That some of
them have been confined Three Years, or Three Years and a Half, since
they were sentenced to Transportation -That there is no stated County
Allowance - That they are maintained under discretionary Orders from the
Magistrates when they visit the Prisons - And that, if the Law remains
as it is, the Evil will be greatly increased. . . .
Richard Akeman, Esquire . . . acquainted the Committee, That
in a few Days the Number of Prisoners in his Custody [i.e. at Newgate]
will amount to 600, owing to the Influx from other Goals, for the Purpose
of Trial at the ensuing Sessions - That the present Number is double of
what it was usually was Five or Six Years ago - and that that, from the
full State of Goal, it has happened that Convicts under Sentence of Death
could not be kept in separate Cells as was usually the Practice.
|
An Act for effectual Transportation of Felons and other Offenders; and to authorise the Removal of Prisoners in certain Cases; and for other Purposes therein mentioned. 24 Geo. III c. 56 (1784) |
Whereas it is expedient to impower his Majesty, with the Advice of his
Privy Council, to appoint certain Places, as well out of his Majesty's
Dominions as within the same, to which Felons and other Offenders may
be transported, and to make other Regulations for the more effectual Transportation
of such Offenders; may it therefore please your Majesty that it may be
enacted; and be it enacted by the King's most Excellent Majesty, by and
with the advice and Consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the Authority of the same,
That from and after the passing of this Act, when any Person, or Persons,
at any Session of Oyer and Terminer, or Gaol Delivery, or at any other
Quarter or General Session of the Peace, to be holden for any County,
Riding, Division, City, Town, Borough, Liberty or Place, within that Part
of Great Britain called England, or at any Great Session
to be holden for the County Palatine of Chester, or within the
Principality of Wales, shall be lawfully convicted of Grand or
Petit Larceny, or any other Offence for which such Person or Persons shall
be liable by the Laws of this Realm to be transported, it shall and may
be lawful for the Court before which any such Person or Persons shall
be so convicted as aforesaid, or any subsequent Court holden at any Place
for the same County, Riding, Division, City, Town, Borough, Liberty or
Place respectively, with like Authority, to order and adjudge that that
such Person or Persons so convicted as aforesaid shall be transported
beyond the Seas, for any Term of Years, not exceeding the Number of Years
or Term for which such Person or Persons is or are, or shall be liable
by any Law to be transported; and, in every such Case, it shall and may
be lawful for his Majesty, by and with the Advice of his Privy Council,
to declare and appoint to what Place or Places, Part or Parts beyond the
Seas, either within his Majesty's Dominions, or elsewhere out of his Majesty's
Dominions, such Felons or other Offenders shall be conveyed or transported;
and such Court as aforesaid is hereby authorised and impowered to order
such Offenders to be transferred to the Use of any Person or Persons,
and his or their Assigns, who shall contract for the due Performance of
such Transportation: And when his Majesty, his Heirs and Successors, shall
be pleased to extend Mercy to any Offender or Offenders who hath or have
been, or shall be convicted of any Crime or Crimes for which he, she,
or they, is, are, or shall be by Law excluded from the Benefit of Clergy,
upon Condition of Transportation to any Place or Places, Part or Parts
beyond the Seas, either for Term of Life, or any Number of Years, and
such Intention of Mercy shall be signified by one of his Majesty's Principal
Secretaries of State, it shall be lawful for any Court having proper Authority,
|
Decision to Renew Transportation. 1784. |
to allow such Offender or Offenders the benefit of a conditional Pardon,
and (except in Cases where such Offender or Offenders shall be authorised
by his Majesty to transport himself, herself or themselves) to order the
Transfer of such Offender or Offenders to any Person or Persons who shall
contract for the due Performance of such Transportation, and his or their
Assigns, for such and the same Term of Years for which any such Offender
or Offenders shall have been ordered to be transported, or for such Term
of Life or Years for which any such Offender or Offenders shall have been
ordered to be transported, or for such Term of Life or Years as shall
be specified in such Condition of Transportation as aforesaid; and such
Person or Persons so contracting as aforesaid, his or their Assigns, by
virtue of such Order of Transfer as aforesaid, shall have a Property in
the Service of such Offender or Offenders for such Terms respectively;
and when any Offender or Offenders hath or have been, or shall be convicted
of any Crime or Crimes for which he, she, or they is or are by Law excluded
from Benefit of Clergy, the Judge, before whom such Offender or Offenders
shall be convicted, or any Justice of the King's Bench, Common Pleas,
or Baron of the Exchequer of the Degree of the Coif, in case the said
Offender or Offenders shall have been tried at any Court of Oyer and Terminer,
or Gaol Delivery, in England, or any Justice of Chester
or Wales, in case the said Offender or Offenders shall be tried
and convicted within any of their respective Jurisdictions, may, on such
Intention of Mercy as aforesaid being signified to him by one of the said
Principal Secretaries of State, make an order for the immediate Transportation
of such Offender or Offenders, in the same Manner as if such Intention
of Mercy had been signified by one of the said Principal Secretaries of
State during the Continuance of the Assizes or Sessions at which such
Offender or Offenders was or were condemned; and such Order shall be considered
as an Order made at such Assizes or Sessions as aforesaid, and shall be
as effectual, and have all the same Consequences as any Order for the
Transportation of any Offender or Offenders made by any Justice of Oyer
and Terminer, Great Session, or Gaol Delivery, for any County, City, Liberty,
Borough or Place, during the Continuance of the Assizes or Sessions.
|
Evidence given before Committee inquiring into Transportation Act of 1784. |
Evan Nepean, Esquire, being also examined, informed the Committee,
That in consequence of the Representations made to Government, of the
crouded and dangerous state of the Gaols, the Censor Hulk was hired
of Mr. Duncan Campbell, for the Reception of 250 Convicts - That
the Dunkirk Hulk, a King's Ship, lying in Ordinary at Plymouth,
was appointed for the Reception of Prisoners from the Western Gaols, and
very lately an old India Man has been hired by Mr Campbell for
the temporary Accommodation of 250 more - That the Censor contains
250, some of whom were originally sentenced to America; that there
are 100 on board the Dunkirk, of whom 46 are under their original
Sentences, and the Remainder are Convicts returned from Transportation,
who are remanded to their original Sentences, except about 10, who are
Capital Respites - That in the Ceres there are about 150, and sufficient
Room to accommodate 100 more - That these are all the Places which have
been appointed for the Reception of Convicts, at least all with which
the Secretaries of State have had any Connection. . . .
Mr, Nepean further acquainted the Committee, That a Plan has
been suggested, for the Transportation of Convicts to the Island of Lemane,
about 400 Miles up the River Gambia - That many other Places have been
submitted to the Secretary of State, but in his Opinion this is the Plan
which Government will prefer, the African company having refused
to take any more into their Ports and Settlements; and that he knows of
no other regular Plan offered, with regards to Africa. . . .- Mr Nepean
further added, That the Reason why the Persons first named are to be sent
to Africa, is, that they are notorious Felons, who are every Day
expected to break Prison, some of them have already made Attempts to do
so, and are a Class of People too dangerous to remain in this Country;
and it is thought there is no proper Place in America to transport
them to, at least within the King's Dominions. . . .
Mr. Henry Smeatham, who resided near Four Years on the Coast
of Africa . . . said, That if 200 Convicts were left on an Island
in the River Gambia, without any Medical Assistance than what they
might give to each other, not One in 100 would survive the first Six Months,
as Persons long confined in Prisons are peculiarly unfit to struggle with
an African Climate. . . .
|
Opinions on Africa as a Receptacle for Felons, 1785. |
Mr. John Boon . . . Surgeon to the Army in Africa
. . . said, That from about the Middle of July to the beginning
of November, Putrid Fevers usually prevail; and that Fluxes are
very general from December to the End of March; and that
the former Disorder is the most fatal to Europeans, Two Thirds
of the King's Forces having perished every Year. . . .
Sir George Young being also examined, acquainted the Committee,
That he had been Four Times at Gambia and Senegal . . .
That he had always considered Gambia as the most unhealthy Part
of the Coast. . . .
Sir George Young confirmed the Testimony of other Witnesses with
regard to the Impossibility of restraining a Colony of Convicts, without
Order or Government, within the Limits assigned to them; and also expressed
his Apprehension that none of the Traders, who now navigate the River
in their Long Boats, after such an Establishment took place would venture
up to it, for fear of being plundered. . . . Being further examined as
to the Practicability of Europeans subsisting themselves by Field
Labour within the Tropics he said, That it had never been attempted, as
Death would be the Consequence of their continuing an Hour exposed to
the Sun.
| The Pitt Government's Plan for Botany Bay Settlement. 1786. |
The several gaols and places for the confinement of felons in this kingdom
being in so crowded a state that the greatest danger is to be apprehended,
not only from their escape, but from infectious distempers, which may
hourly be expected to break out amongst them, his Majesty, desirous of
preventing by every possible means the ill consequences which might happen
from either of these causes, has been pleased to signify to me his royal
commands that measures should immediately be pursued for sending out of
this kingdom such of the convicts as are under sentence or order of transportation.
The Nautilus sloop, which, upon the recommendation of a committee of
the House of Commons, had been sent to explore the southern coast of Africa,
in order to find an eligible situation for the reception of the said convicts,
where from their industry they might soon be likely to obtain means of
subsistence, having lately returned, and it appearing from the reports
of her officers that the several parts of the coast which they examined
between 15º 50' south and the latitude of 33º 00' are sandy
and barren, and from other causes unfit for settlement of that description,
his Majesty has thought it advisable to fix on Botany Bay, situated on
the coast of New South Wales, the latitude of about 33 degrees south,
which, according to the accounts given by the late Captain Cook, as well
as the representatives of persons who accompanied him during his last
voyage, and who have been consulted on the subject, is looked upon as
a place likely to answer the above purposes.
I am, therefore, commanded to signify to your Lordships his Majesty's
pleasure that you do forthwith take such measures as may be necessary
for providing a proper number of vessels for the conveyance of 750 convicts
to Botany bay, together with such provisions, necessities, and implements
for agriculture as may be necessary for their use after their arrival.
. . .
According to the best opinions that can be obtained, it is supposed
that a quantity of provisions equal to two years' consumption should be
provided, which must be issued from time to time, according to the discretion
of the superintendent, in the expenditure of which he will, of course,
be guided by the proportion of food which the country and the labour of
the new settlers may produce. . . .
In the meantime, I have only to recommend it to your Lordships to cause
every possible expedition to be used in preparing the shipping for the
reception of the said convicts, and for transporting the supplies of provisions
and necessities for their use to the place of their destination.
Heads of a plan for effectually disposing of convicts, and rendering
their transportation reciprocally beneficial both to themselves and to
the State, by the establishment of a colony in New South Wales, a country
which, by the fertility and salubrity of the climate, connected with the
remoteness of its situation (from whence it is hardly possible for persons
to return without permission), seems peculiarly adapted to answer the
views of Government with respect to the providing a remedy for the evils
likely to result from the late alarming and numerous increase of felons
in this country, and more particularly in the metropolis.
It is proposed that a ship of war of a proper class, with a part of
her guns mounted, and a sufficient number of men on board for her navigation,
and a tender of about 200 tons burthen, commanded by discreet officers,
should be got ready as soon as possible to serve as an escort to the convict
ships and for other purposes hereinafter mentioned.
That, in addition to their crews, they should take on board two companies
of marines to form a military establishment on shore (not only for the
protection of the settlement, if requisite, against the natives, but for
the preservation of good order), together with an assortment of stores,
utensils, and implements, necessary for erecting habitations and for agriculture,
and such qantities of provisions as may be proper for the use of the crews.
As many of the marines as possible should be artificers, such as carpenters,
sawyers, smiths, potters (if possible), and some husbandmen. To have a
chaplain on board, with a surgeon, and one mate at least; the former to
remain at the settlement.
That these vessels should touch at the Cape of Good Hope, or any other
places that may be convenient, for any seed that may be requisite to be
taken from thence, and for such live stock as they can possibly contain,
which, it is supposed, can be procured there without any sort of difficulty,
and at most reasonable rates, for the use of the settlement at large.
That Government should immediately provide a certain number of ships
of a proper burthen to receive on board at least seven or eight hundred
convicts, and that one of them should be properly fitted for the accommodation
of the women, to prevent their intercourse with the men.
That these ships should take on board as much provisions as they can
possibly stow, or at least a sufficient quantity for two years' consumption;
supposing one year to be issued at whole allowance, and the other year's
provisions at half allowance, which will last two years longer, by which
time, it is presumed, the colony, with the live stock and grain which
may be raised by a common industry on the part of the new settlers, will
be fully sufficient for their maintenance and support.
That, in addition to the crews of the ships appointed to contain the
convicts, a company of marines should be divided between them, to be employed
as guards for preventing ill consequences that might arise form dissatisfaction
amongst the convicts, and for the protection of the crew in the navigation
of the ship from insults that might be offered by the convicts.
That each of the ships should have on board at least two surgeons' mates,
to attend to the wants of the sick, and should be supplied with a proper
assortment of medicines and instruments, and that two of them should remain
with the settlement.
After the arrival of the ships which are intended to convey the convicts,
the ship of war and tender may be employed in obtaining livestock from
the Cape, or from the Molucca Islands, a sufficient quantity of which
may be brought from either of those places to the new settlement in two
or three trips; or the tender, if it should be thought most adviseable,
may be employed in conveying to the new settlement a further number of
women from the Friendly Islands, New Caledonia, Etc., which are contiguous
thereto, and from whence any number may be procured without difficulty;
and without a sufficient proportion of that sex it is well-known that
it would be impossible to preserve the settlement from gross irregularities
and disorders.
The whole regulation and management of the settlement should be committed
to the care of a discreet officer, and provision should be made, in all
cases, both civil and military, by special instructions under the Great
Seal or otherwise, as may be thought proper.
Upon the whole, it may be observed with great force and truth that the
difference of expence (whatever the method of carrying the convicts thither
may be adopted) that this mode of disposing of them and that of the usual
ineffective one is too trivial to be a consideration with Government,
at least in comparison with the great object obtained by it, especially
now the evil is increased to such an alarming degree, from the inadequacy
of all other expedients that have hitherto been tried or suggested.
It may not be amiss to remark in favour of this plan that considerable
advantages will arise from the cultivation of New Zealand hemp or flax-plant
in the new intended settlements, the supply of which would be of great
consequence to us as a naval power, as our manufacturers are of opinion
that canvas made of it would be superior in strength and beauty to any
canvas made of the European material, and that a cable of the circumference
of ten inches made from the former would be superior in strength to one
of eighteen inches made of the latter. The threads or filaments of this
New Zealand plant are formed by nature with most exquisite delicacy, and
may be so minutely divided as to be manufactured into the finest linens.
Most of the Asiatic productions may also without doubt be cultivated
in the new settlement, and in a few years may render our recourse to our
European neighbours for those productions unnecessary.
It may also be proper to attend to the possibility of procuring from
New Zealand any quantity of masts and ship timber for the use of our fleets
in India, as the distance between the two countries is not greater than
that between Great Britain and America. It grows close to the water's
edge, of size and quality superior to any hitherto known, and may be obtained
without difficulty.
Staff Establishment for the Settlement of New South Wales: -
|
Yearly |
Salary |
|
|
£ |
s |
d |
| The Naval Commander to be appointed Governer or Superintendent-General
|
500 |
0 |
0 |
| The Commanding Officer of the Marines to be appointed
Lieut.-Gov. or Dept. Superintendent |
250 |
0 |
0 |
| The Commissary of Stores and Provisions, for himself and
assistants (to be appointed or named by the contractors for the provisions)
|
200 |
0 |
0 |
| Pay of a surgeon |
182 |
10 |
0 |
| Ditto of two mates |
182 |
10 |
0 |
|
365 |
0 |
0 |
| Chaplain |
182 |
10 |
0 |
|
1,497 |
10 |
0 |
|
|