Abstract
The American Revolution did not end the story of transatlantic convict transportation. As the last ship to arrive before hostitilies fully developed, the Jenny from Newcastle, came in to the Chesapeake to land its cargo in April 1776, no one in Britain imagined that this was the demise of the convict trade to America.1 In 1769, the Virginia Gazette noted that the Conversation Club in London had debated the question, ‘is transportation a proper method of punishing criminals?’, but without noting the outcome.2 For the British government the answer was always affirmative, though this proved difficult to implement after 1776. Before the Revolution, however, alternatives to the mid-Atlantic colonies had already been mooted, notably in 1767 when it was reported that William Pitt, Lord Chatham, exercised his ‘utmost endeavours to obtain pardons for all the rioters’ condemned to death, on condition that they be transported to Florida. These probably included those West Country men sentenced to hang in Wiltshire and Gloucestershire in the year of hunger riots, 1766. Significantly, though, this ‘act of clemency’ was not to be extended to any who were guilty of ‘thefts and robberies’. Yet later the same year this idea seems to have taken root, when it was reported as a firm proposal for ‘felons of either sex convicted for transportation, white servants being much wanted in that settlement’.
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Notes
Wilfred Oldham, British Convicts to the Colonies ed. W. Hugh Oldham (Sydney: Australian National Library, 1990), p. 91.
Virginia Gazette (Purdie and Dixon), 30 April 1767; (Purdie and Dixon) 8 Oct. 1767; (Purdie and Dixon) 3 March 1768 for petition; (Purdie) 23 June 1775.
A. Roger Ekirch, Bound for America: The Transportation of British Convicts to the Colonies, 1718–1775 (Oxford: Clarendon Press, 1987), p. 233, and generally pp. 233–7; A. Roger Ekirch, ‘Great Britain’s Secret Convict Trade to America, 1783–1784’, American Historical Review 89 (1984), 1285–91; Bob Reece, The Origins of Irish Convict Transportation to New South Wales (Basingstoke: Palgrave, 2001), p. xv.
Jed Martin, ‘Convict Transportation to Newfoundland in 1789’, Acadiensis 5 (1) (1975), pp. 84–99; 102 men and twelve women, p. 88; pp. 89 and 90–3; note PRO H042/4/158–9 Reading gaol calendar, with several sentenced to be transported to Nova Scotia 20 April 1784; see Jerry Bannister,‘Convict Transportation and the Colonial State in Newfoundland, 1789’, Acadiensis 27 (2) (1998), 95–123, p. 118; for discussions concerning British Columbia, see Richard H. Dillon, ‘A Plan for Convict Colonies in Canada’, Americas 13 (2) (1956), 187–98.
Timothy Pitkin, A Political and Civil History of the United States of America from the year 1763 etc., 2 vols (New Haven, CT: Hezekiah Howe, Durrie and Peck, 1828), vol. 1, p. 133.
Gwenda Morgan, The Hegemony of the Law: Richmond County, Virginia, 1692–1776 (New York and London: Garland, 1989), 13–50.
Philip J. Schwarz, Twice Condemned: Slaves and the Criminal Laws of Virginia, 1705–1865 (Baton Rouge: Louisiana State University Press, 1988), p. 27–9; see p. 217 for women tried for theft.
Aaron S. Fogleman, ‘From Slaves, Convicts, and Servants to Free Passengers: the Transformation of Immigration in the Era of the American Revolution’, Journal o f American History 85 (1998), 43–76, pp. 60 and 61.
David W. Galenson, White Servitude in Colonial America: an Economic Analysis (Cambridge: Cambridge University Press, 1981), p. 171.
Christopher Tomlins, ‘Subordination, Authority, Law: Subjects in Labor History’, International Labor and Working-Class History 47 (1995), 56–90, p. 63, referring to the US Supreme Court case, Robertson v. Baldwin (1896); Robert J. Steinfeld and Stanley L. Engerman, ‘Labour - Free or Coerced? A Historical Reassessment of Differences and Similarities’, in Tom Brass and Marcel van der Linden (eds), Free and Unfree Labour: the Debate Continues (Berne: Peter Lang, European Academic Publishers, 1997), 107–26, pp. ix and 108.
Robert J. Steinfeld, The Invention of Free Labor: the Employment Relation in English and American Law and Culture, 1350–1870 (Chapel Hill, NC: University of North Carolina Press, 1991), pp. 114–16.
Christopher Tomlins, ‘Reconsidering Indentured Servitude: European Migration and the Early American Labor Force, 1600–1775’, Labor History 42 (1) (2001), 5–43, pp. 21–2; Bernard Bailyn, Voyagers to the West: a Passage in the Peopling of America on the Eve of the Revolution (New York: Knopf, 1986).
Introduction to Paul E. Lovejoy and Nicholas Rogers, eds, Unfree Labour in the Development of the Atlantic World (Ilford, Essex: Frank Cass, 1994), p. 3, and for estimates of about 28 million East India indentured servants, p. 7; and see Paul Craven and Douglas Hay, ‘The Criminalization of “Free” Labour: Master and Servant in Comparative Perspective’ in Lovejoy and Rogers (eds), Unfree Labour, pp. 71–101, for a comparative analysis of the development of unfree labour in British-controlled territories.
Tom Brass, ‘Introduction: Free and Unfree Labour the Debate Continues’, in Tom Brass and Marcel van der Linden (eds), Free and Unfree Labour: The Debate Continues (Berne: Peter Lang, European Academic Publishers, 1997), p. 18; see Craven and Hay, ‘Criminalization of “Free” Labour’ for colonial redevelopments after 1800 in the British Empire.
Alan Atkinson, ‘The Free Born Englishman Transported: Convict Rights as a Measure of Eighteenth-Century Empire’, Past and Present 144 (1994), 88–115, pp. 100 and 111 (’prisoners’); ‘Letters of Father Joseph Mosley’, Woodstock Letters, 35 (1906), p. 54.
Myra Glenn, Campaigns against Corporal Punishment. Prisoners, Sailors, Women and Children in Antebellum Amerfca (Albany, NY: State University of New York Press, 1984); V. A. C. Gatrell, The Hanging Tree: Execution and the English People, 1770–1868 (Oxford: Oxford University Press, 1994); Cindy C. Burgoyne, ‘Imprisonment the Best Punishment: the Transatlantic Exchange and Communication of Ideas in the Field of Penology, 1750–1820’ (PhD diss., University of Sunderland, 1997).
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© 2004 Gwenda Morgan and Peter Rushton
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Morgan, G., Rushton, P. (2004). Conclusion. In: Eighteenth-Century Criminal Transportation. Palgrave Macmillan, London. https://doi.org/10.1057/9780230000872_7
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