&c. 303 2 7
------------
L.3,721 13 6[F]]
[Footnote F: See Appendix (L. i.) to the 28th Report of Select
Committee on Finance.]
Another Act of the following year, (28 Geo. III. cap. 24,) empowered
his Majesty, under his Royal Sign Manual, to authorize any person to
make contracts for the Transportation of offenders, and to direct to
whom security should be given for the due performance of the contract.
By the Act of 30 George III. cap. 47, the Governor of the Settlement
may remit the punishment of offenders there: and on a certificate from
him their names shall be inserted in the next General Pardon.
Under these various legislative regulations, the two Systems of
Punishment, namely, the _Hulks_ and _Transportation_ to New South
Wales, have been authorized and carried into execution.
The System of the Hulks commenced on the 12th day of July, in the year
1776; and from that time until the 12th of December 1795,
comprehending a period of nineteen years, 7999 Convicts were ordered
to be punished by hard labour on the river Thames, and Langston and
Portsmouth harbours, which are accounted for in the following manner:
1. Convicts ordered to hard labour on the
River Thames, from 12th July 1776, to the
12th January, 1778 2024
2. Convicts, _under sentence of Transportation_,
put on board the Hulks on the River Thames,
from 11th January, 1783, to 12th December,
1795 4775
3. _Deduct_, under sentence of Transportation,
put on board the Hulks in Langston and
Portsmouth Harbours, received from the
Hulks at Woolwich, on the 20th of June,
1791 466
---- 4309
Additional Convicts sent from different prisons
to Portsmouth and Langston from 1791,
to 1st December, 1795 1200
To which, add those from Woolwich as above 466
---- 1666
----
Total 7999
Of the above convicts there have been
Discharged 1610
Pardoned 790
Escaped 130
---- 2530
Removed to other Gaols 17
Transported to New South Wales 2207
Died[143] 1946
----
6700
And there remain in the Hulks on the
Thames 523
And at Langston Harbour 776
---- 1299
Total as above 7999
[Footnote 143: A malignant fever, at one period, carried off a vast
number, in spite of every effort to prevent it.]
By a subsequent account laid before the Select Committee of the House
of Commons on Finance, and stated in Appendix, M. of their 28th
Report, dated the 26th of June, 1798, it appears that the number of
Convicts stood thus:
In the Hulks on the Thames, at Woolwich 501
At Portsmouth 948
----
Total 1449
Besides 415 under Sentence of Transportation in the
different Gaols, making in all 1864.
From the same authentic Documents, (pages 115, 116,) it appears, that
of these Convicts, the following numbers will be discharged upon
Society in the succeeding 13 years:[144]
Portsmouth. Woolwich.
In 1800 140 115
1801 106 43
1802 127 26
1803 107 46
1804 149 77
1805 33 3
1806 1 1
1807 1 1
1808 1 1
1809 1 0
1810 1 0
1811 10 4
1812 1 0
--- 678 --- 317
For life 76 22
[Footnote 144: See page 98 of this volume, for an Account of the
Convicts enlarged the preceding eight years,
in all 1383
To be discharged as above 995
----
Total 2378]
RECAPITULATION.
Convicts discharged from the Hulks, from 1792 to
1799 inclusive (_See page 98 of this Treatise_) 1383
To be discharged from the Hulks at Langston chiefly
in 6 years 678
From Woolwich, chiefly within the same period 317
----
Total 2378
In the same authentic Documents, namely the Appendix (L. 1 & 2) page
103 of the 28th Report of the Select Committee on Finance, a Statement
is given of the Expence which has been incurred by Government, "for or
in respect of the Conviction, Confinement, and Maintenance of
Convicts, from the 1st January, 1775, to the year ending the 31st
December, 1797," of which the following is an abstract:
1 Jan. 1775 to 1 Jan. 1776 paid at the Exchequer L.8,660 0 0
-- 1776 -- 1777 -- 7,950 16 10
-- 1777 -- 1778 -- 13,676 14 5
-- 1778 -- 1779 -- 17,939 18 0
-- 1779 -- 1780 -- 22,292 11 1-1/2
-- 1780 -- 1781 -- 21,034 0 1-1/2
-- 1781 -- 1782 -- 18,686 19 0
-- 1782 -- 1783 -- 22,320 10 9
-- 1783 -- 1784 -- 17,669 3 11
-- 1784 -- 1785 -- 31,555 18 11
-- 1785 -- 1786 -- 32,343 17 7
-- to 7 March 1786 -- 9,353 17 0
To 31 December 1786 22,282 18 4
1787 33,927 9 7
1788 34,059 14 8
1789 62,656 15 5
1790 46,865 4 6
1791 43,840 9 0
1792 22,300 12 7
1793 25,403 16 0
1794 25,751 3 7-1/2
1795 14,195 7 4-1/2
1796 36,174 7 9
1797 } { 19,506 15 11
1797 } { 12,574 0 0
---------------
Total Expence of Convicts in the }
Hulks, from the Commencement } L.623,022 14 5
of the System to 1 January 1798 }
The Contractors for the Convicts at Woolwich and Langston Harbour, (as
appear from documents laid before the House of Commons) entered into
an agreement with the Lords of the Treasury obliging themselves for
_the consideration of 1s. 3d. per day_, (being 22_l._ 16_s._ 3_d._
a year _for each Convict_,) to provide at their own cost or charge,
_one_ or more _Hulks_, to keep the same in proper repair, to provide
proper Ship's Companies for the safe Custody of such Convicts; and
sufficient _meat_, _drink_, _clothing_ and _medical assistance_, for
the Convicts; as also to sustain all other charges (excepting the
expence of the _Chaplain_, _Coroner_, and bounties to discharged
Convicts;[145]) obeying, at the same time, all the orders of his
Majesty's Principal Secretary of State for the Home Department,
respecting the Convicts. A subsequent contract was made at 14-1/2_d._
which reduced the expence to 22_l._ 1_s._ 0-1/2_d._ per man: and which
is the allowance made to the present Contractors.
[Footnote 145: This expence, by an account laid before the House of
Commons, for one Year, ending the 15th Feb. 1792, appears to be--
Expence of Chaplain, Coroner, and Bounties
for Convicts at Woolwich L.221 17 4
At Langston and Portsmouth Harbours 153 19 8
---------
Total L.375 17 0]
The terms of these contracts appear to be as favourable for Government
as could reasonably be expected, under all circumstances; and it would
appear, that some advantages are reaped by the Public, as the
documents laid before the House of Commons in 1792 and 1798, shew that
the labour performed by the Convicts is productive in a certain
degree.--The following Statements explain how their labour is
valued:--
From the 1st of January 1789 to the 1st of
January 1792, it appears that 653,432 days'
work had been performed at Langston Harbour,
Portsmouth, and Woolwich Warren;
which being estimated at 9_d._ a day, is L.24,503 14 0
and
From the 1st of January 1789 to the 1st of January
1792, it also appears that 260,440
days' work had been performed at the
Dock yard at Woolwich; which being
partly performed by artificers in a more
productive species of labour, is estimated
at 1_s._ a day 13,022 0 0
-------------
Total value of Convicts' labour in 3 years L.37,525 14 0
It appears from the 28th Report of the Select Committee on Finance,
Appendix, No. 7 and 8--
That the work done by Convicts confined on
board the Hulks in Langston Harbour,
during the year 1797, was performed by
about 421 convicts upon a daily average,
and computing the labour of each artificer
at 19_l._ 8_s._ 9_d._ per annum, and each
labourer at 11_l._ 13_s._ 3_d._ it will
amount to L.5,997 18 3
The work performed in the same year by
about 250 convicts, confined on board the
Hulks at Portsmouth, computed as above
will amount to 3,226 15 0
--------------
9,224 13 3
From which is to be deducted, to make the
amount correspond with the valuation
made by the Ordnance Board 1,440 5 3
--------------
L.7,784 8 0
The work done by convicts, confined on board
the _Prudentia_ and _Stanislaus_ Hulks at
Woolwich Dock-yards and Warren, performed
by 359 convicts, rated at 1_s._ and
1_s._ 2_d._ for labourers, and 1_s._ 5_d._
per day for artificers, is calculated to
amount to 6,578 4 7
---------------
L.14,362 12 7
Deduct allowances made, and articles supplied,
by the Board of Ordnance 1,498 14 10-1/2
-------------------
Total Estimate of the value of the labour of
Convicts in 1797 L.12,863 17 8-1/2
-------------------
Upon this last statement the Select Committee on Finance (whose
various elaborate Reports on the State of the Nation, do them immortal
honour as Patriots and Legislators) very justly observe, that it is
extremely difficult to calculate the value of labour, performed under
such circumstances, with any degree of accuracy; and after several
views of the subject a conclusion is drawn, that the net expence to
the Public, for the maintenance of 1402 convicts in 1797, after
deducting the estimated value of labour, amounted to 20,878_l._ 14_s._
10-1/2_d._ being at the rate of 14_l._ 17_s._ 9-1/2_d._ per man.
It appears, however, that out of the whole number of 1402 maintained
in 1797, only 1030 were actually employed. The labour of the remaining
370 was, therefore, in a great measure, lost to the Community.
At any rate, the value of this species of labour must be precarious,
and the advantages resulting from it problematical.
Since the mere "possession of so many idle hands will sometimes be a
temptation to engage in works, which but for this inducement, would
not recommend themselves by their intrinsic utility."[146]
[Footnote 146: See 28th Report of Finance Committee, page 17.]
While it is admitted, that considerable improvements have been made
with regard to the reduction of the expence; that provision has also
been made for religious and moral instruction, by established
salaries to chaplains;--and that the contractors have honourably
performed their part of the undertaking; it is much to be lamented,
that this experiment has not been attended with more beneficial
consequences to the Public; not only in rendering the labour of the
convicts productive in a greater degree, so as at least to be equal to
the expence; but also in amending the morals of these miserable
out-casts; so that on their return to Society, they might, in some
respect, atone for the errors of their former lives, by a course of
honest industry, useful to themselves and to their country. On the
contrary, experience has shewn, that although an expence exceeding
623,000_l._ has been incurred by Government in the course of 22 years,
most of them, instead of profitting by the punishment they have
suffered (forgetting they were under sentence of death, and undismayed
by the dangers they have escaped) immediately rush into the same
course of depredation and warfare upon the public: nay, so hardened
and determined in this respect have some of them been, as even to make
proposals to their old friends, the Receivers, previous to the period
of their discharge, to purchase their newly acquired plunder. It has
already been shewn, that those few also, who are less depraved, and
perhaps disposed to amend their conduct, can find no resource for
labour; and are thus, too frequently, compelled, by dire necessity, to
herd with their former associates in iniquity, and it is much to be
feared, that the chief part of the multitudes, who have been
periodically discharged, have either suffered for new offences, or are
actually at present afflicting Society by reiterated depredations.[147]
[Footnote 147: See the Examination of the Author before the Select
Committee of the House of Commons.]
After maturely considering the enormous expence, and the total
inefficacy of the System of the Hulks, aided by the new lights which
have been thrown upon the subject by the important documents called
for by the Select Committee on Finance, it appears clear to
demonstration, that it would be for the interest of the Country to
abandon the present System; and the Author heartily joins in the
opinion expressed by those respectable members of the Legislature,--"_That
our principal places of Confinement, and modes of Punishment, so far
from the Conversion and Reformation of the Criminal, tend to send him
forth at the expiration of the period of his imprisonment more
confirmed in vice; and that the general tendency of our oeconomical
arrangements upon this subject, is ill calculated to meet the
accumulating burdens, which are the infallible result of so much error
in the System of Police_."
Having thus explained the nature and effect of the punishment
inflicted on convicts, through the medium of the Hulks, and also the
expence attending these establishments; it will be necessary in the
next place, to examine the authentic documents, as they relate to the
transportation of Felons to New South Wales.
From the Appendix, page 122, of the 28th Report of the Select
Committee on Finance, printed the 26th of June 1798, it appears that
the number of Convicts sent to New South Wales and Norfolk Island[148]
from the year 1787 to the year 1797 inclusive, stood thus:--
Men and
Women. Children. TOTAL.
1787 778 17 795
1789 1251 22 1273
1790 2029 9 2038
1791 408 11 419
1792 412 6 418
1794 82 2 84
1795 133 3 136
1796 279 13 292
1797 393 10 403
---- -- ----
5765 93 5858
[Footnote 148: Norfolk Island is a small fertile spot, containing
about 14,000 acres of land, situated about 1200 miles distant from
Sydney Cove in New South Wales, where the seat of Government is
fixed.]
It appears also from another document in the same Report (being the
last return of Convicts in the two Settlements) that their numbers
stood as stated in the following Table,--
Convicts |Convicts |Convicts |Total |Total
|Victualled|Emancipated| |Men
| | | |and
Men Women|Men Women|Men Women|Men Women|Women
----------+----------+-----------+----------+-----
In New South } | | | |
Wales on the } | | | |
31 Aug. 1796 } 1633 755| 78 5| 20 9|1731 769|2500
| | | |
In Norfolk } | | | |
Island on the} | | | |
22 Oct. 1796.} 379 167| 53 0| 12 3| 444 170| 614
---- ---| --- -| -- --|---- ---|-----
2012 922| 131 5| 32 12|2175 939|3114
To which add the Convicts sent in 1796 and 1797,
including Children 695
----
Total 3809
The diminution of Convicts from 5858 to 3809 is to be accounted for,
by a certain proportion leaving the Settlement after the expiration of
their time, and also by deaths,[149] which in the natural course of
things must be expected.
[Footnote 149: In 21 months after the arrival of the first Convicts in
May 1788, there were 77 deaths and 87 births in the whole Settlement.]
In resorting to this mode of disposing of Convicts, which at the time
must be considered as a choice of difficulties, a very large sum of
money has been expended.--Certainly much more than could have been
foreseen at the commencement: Since it appears from the 28th Report of
the Select Committee on Finance, who certainly have bestowed infinite
pains in the investigation, that the total amount exceeds _One Million
Sterling_, as will be seen from the following Statement, extracted
from page 120 of that 28th Report, viz:
Disbursed for 5858 Convicts including 93 Children, transported
to New South Wales
L. _s._ _d._
In 1786 28,346 3 6
-- 1787 29,242 11 10-1/2
-- 1788 18,008 9 2
-- 1789 88,057 18 2
-- 1790 44,774 4 6-1/4
-- 1791 129,019 19 10-3/4
-- 1792 104,588 2 3-3/4
-- 1793 69,961 16 6-1/2
-- 1794 79,381 13 11-1/2
-- 1795 75,280 19 0-3/4
-- 1796 83,854 18 0
-- 1797 120,372 4 8-3/4
To which add the total Naval Expences 166,341 4 11
------------------------
Total Expences in 12 Years L.1,037,230 6 7-3/4
Specification of the heads of Expences above stated--
Expences of the first Establishment of the
Settlement and Transportation of Convicts 264,433 11 0
Expences of Victualing Convicts and the
Settlement from hence 186,270 1 3-1/4
Expences of Cloathing, Tools, and Sundry
Articles 116,658 15 3
Bills drawn for the purchase of Provisions,
&c. for the use of the Colony 138,225 9 8-3/4
Expence of the Civil Establishment 48,134 0 2-1/4
Expence of the Military Establishment 94,993 11 3
Expence of the Marine Establishment 22,173 13 0-1/2
Naval Expences as above 166,341 4 11
----------------------
Total L.1,037,230 6 7-3/4
----------------------
Thus it appears, that in executing the sentence of the Law on 5765
Convicts more than One Million Sterling has been expended, nearly
equal to 180_l._ for each Convict, exclusive of the expence incurred
by the Counties, and by Government in the maintenance at home; and
without taking into the account the very considerable charge, which
must have been borne by the private Prosecutors in bringing these
Offenders to Justice.
The Select Committee in their laborious investigation of the effects
of this System, very justly observe, "that the numbers of the Convicts
do not appear to have kept pace with the increase of the
expence."--They proceed to state (page 27 of the Report) "that after a
trial of twelve years, it seems not too early to inquire whether the
peculiar advantages likely to arise from this plan are such as may be
considered as compensating for its probable expence. The security held
out by the difficulty of return on the part of the convicts is the
only advantage that strikes the eye: but the nature of this advantage,
the amount of it, and the certainty of it, seem not altogether
undeserving of inquiry; nor whether a security of the same sort more
at command, and more to be depended on, might not be purchased on less
exceptionable terms. It may be also worthy of inquiry (add the
Committee) whether the advantages looked for, from this establishment
may not be dependent on its weakness? and whether as it grows less
disadvantageous in point of finance, it will not be apt to grow less
advantageous in the character of an instrument of Police? The more
thriving the Settlement the more frequented: The more frequented the
less difficulty of return.--The more thriving too the less terrible.
To persons in some circumstances;--to persons who otherwise would have
been disposed to emigrate, it may loose [Transcriber's Note: lose] its
terrors altogether, especially if by money or other means the
servitude be avoidable. This inconvenience had already become sensible
in the instance of the comparatively old planted Colonies. Many,
though innocent, went thither voluntarily, even at the price of
servitude, while others under the notion of punishment, were sent
thither for their crimes; so that while to some the emigration remains
a punishment, to others it may become an adventure; but a punishment
should be the same thing to all persons, and at all times."
Contingencies, the Committee remark, may diminish the utility of the
Establishment, or may increase the expence. "Bad seasons, and the
destruction of the vegetable part of the stock of food: Mortality
among the as yet scanty stock of cattle.[150] Mischief from the
natives,--from insurrection among the convicts, or from the enemy.
[Footnote 150: An account of the Live Stock in the possession of, and
Land in cultivation by, Government, and the Officers civil and
military, 1st September 1796, extracted from page 123, of the above
Report of the Select Committee on Finance.
Civil and
Military
Government. Officers. Settlers. Total.
Mares and Horses 14 43 0 57
Cows and Cow Calves 67 34 0 101
Bulls and Bull Calves 37 37 0 74
Oxen 46 6 0 52
Sheep 191 1310 30 1531
Goats 111 1176 140 1427
Hogs 59 889 921 1869
---- ---- ---- ----
525 3495 1091 5111[G]
---- ---- ---- ----
[Footnote G: In addition to the above Stock 61 head of Cattle were
discovered in the year 1795, about 50 miles S.W. of the town of
Sydney, which must have been produced from three Cows which strayed
from the Settlement in 1788. This proves that at least one of the Cows
at the time must have been big with a Bull Calf, and also gives the
data for calculating the rate of the increase.]
Land in cultivation, viz:-- Acres.
Government 1700
Civil and Military Officers 1172
Settlers 2547
----
5419
The above 1700 acres were unemployed in 1796, on account of the want
of public labourers, and the many buildings required--about 4-5th
parts of the 1172 acres were sown with wheat--much timber cut, but not
burnt off, on the 2547 acres belonging to the settlers.]
"Here, as at Sierra Leone, malice may produce an expedition of
devastation. The illusions to which the spirit of rapine is so much
exposed may give birth to an enterprize of depredation; apprehensions
of any such event entertained here would necessarily give birth to
preparations of defence. The apprehensions may be well or ill
grounded--the measures taken for defence successful or unsuccessful;
but the expence in the mean time is incurred. The distance is
unexampled, and all danger as well as all expence swells in proportion
to the distance: these topics appear to merit consideration.
"Another circumstance is, that the labour of the whole number of
persons sent to these colonies, whether as Convicts or Settlers, _is
entirely lost to the Country_, nor can any return, to compensate such
a loss, be expected till that very distant day, when the improved
state of the Colony may, by possibility, begin to repay a part of the
advance, by the benefits of its trade.
"Supposing abundance established, and remaining for ever without
disturbance, it may be deserving of consideration, in what shape and
in what degree, and with what degree of assurance, Government, in
point of Finance, is likely to profit by the abundance: for the stock
of the individuals, which each individual will consume, lay up or
sell, is on his own account; is not the Stock of Government. The
saving to Government depends upon the probity and zeal, and
intelligence of the Bailiffs in Husbandry, acting without personal
interest in the concern at that immense distance."
After opinions so decided, the result of an inquiry, aided by
extensive information, and conducted by men of talents and judgment,
it would ill become the Author of this Work to offer (if he could
suggest,) additional arguments to prove the disadvantages which have
attended, and which are likely to attend the transportation of
Convicts to New South Wales. Although with regard to mere
_subsistence_, there may be a prospect (and it is yet a distant one),
of the Colony becoming independent of supplies from this Country; yet
with respect to most other articles its wants will experience no
diminution, and having once engaged in the project, humanity requires
that the Settlement should be supplied at the expence of the Nation.
When the measure of establishing this Colony was adopted, a hope was
probably entertained that while the great difficulty and expence of
the passage home, joined to the fertility of the soil and the
salubrity of the climate, might induce convicts to remain after the
expiration of the period specified in their sentence, so as not to
become offensive again to their native Country; the removal to an
unknown region, inhabited by Savages, and situated at such a remote
distance from Great Britain would exhibit this species of punishment
in so terrific a light as to operate powerfully in preventing crimes.
Experience, however, has shewn that this salutary effect has not been
produced, and that crimes are not to be diminished by the dread of
punishment in any shape. This great desideratum is only to be attained
by a well-regulated Police, calculated to destroy the sources from
whence evil propensities spring, and to remove the facilities by which
criminality is nourished and assisted.