The convict was thus torn from every tie of relationship; and as even the depraved have their kindred affinities and private affections softened by some of the endearments of life, the separation rendered the fulfilment of the sentence painful, and in this respect satisfied one intention of the law. Indeed the very worst offender seems not so divested of the character of humanity, but that the possession of life is still held by some link of nature to him of strong association.
The transport with which the condemned malefactor receives the reprieve or the news of pardon, proves the estimation in which he holds life, not more on his own account, than as it concerns his future hopes of benefiting his children or relations. With what rapturous emotion must the robber feel his bosom swell, when informed that his pardon was given because the life of the person he had robbed was spared!—that because in the career of his maddening plunder, whilst with one hand he grasped the purse, and with the other the devoted throat of his unresisting victim, a sudden thought of his own little ones flashed across his brain, and made him cast away the deadly pistol!—Grateful for the extension of life, one cannot but think he will carry with him in his exile a strong tendency to amendment, and impress on the mind of other offenders that sense of humanity which saved and opened to him so great a consolation.
The original intention of disposing of convicts by transportation was most likely to break off all existing connexions, and to estrange the mind from all former associations, so as to render the prisoner as abstracted as possible from every consideration but that of the immediate duty or discipline imposed. The expense attending their removal made it necessary that it should be repaid out of the convicts’ labour; and every possible chance of a return before their time, and all thought of home, or as much as could be, were carefully removed, that their whole time should be given for the above purpose. The punishment of exile had other terrors for the convicts themselves, which served to render their banishment a temporary slavery.
The ingenious Doctor Colquhoun gives the following on the origin of Transportation: “Parliament authorized this species of punishment in 1718, when the general plan of sending convicts to the American plantations was first adopted. This system continued for 56 years, during which period, and until the commencement of the American war in 1775, great numbers of felons were sent chiefly to the province of Maryland. The rigid discipline which the colonial laws authorized the masters to exercise over servants, joined to the prospects which agricultural pursuits, after some experience was acquired, afforded to those outcasts, tended to reform the chief part; and after the expiration of their servitude, they mingled in the society of the country, under circumstances highly beneficial to themselves, and even to the colony. Possessed in general (as every adroit thief must be) of good natural abilities, they availed themselves of the habits of industry they acquired in the years of their servitude; became farmers and planters on their own account; and many of them succeeding in those pursuits, not only acquired that degree of respectability which is attached to property and industry, but also in their turn became masters, and purchased the servitude of future transports sent out for sale.”
When the American revolution prevented the further transmission of convicts to that country, the system of the Hulks and Houses of Correction was substituted. However, from the increasing number of delinquents, arising not only from the increase of vice but that of population, that mode soon became inadequate to the augmented demands for disposing of the prisoners, as of course to the enforcement of that labour to which for their offences they had been sentenced. Plans were then acted upon for building extensive prisons, penitentiaries, and asylums for their reception: but the enormous expense and comparative inefficacy of those establishments, which it appears were mostly conducted in the old miserable mode of gaol discipline, the evils of which became now universally acknowledged, soon raised loud complaints against the system.
The attention of Government, still directed to this necessary and important relief of the community from those who would subvert its comforts and security, caused the coast of Africa to be explored for a fit situation for a colony: but that research proved fruitless, on account of the unhealthiness of the climate, or hostility of the natives of those situations which remained unoccupied by other European nations, rendering it imprudent to risk an establishment in that country. The discovery of the vast territory of New South Wales by Captain Cook in 1770 and 1777, opened a new field for disposing of those refractory characters. The following is recorded by Collins as the commencement of the present colony there:
“The Commissioners of His Majesty’s Navy, toward the end of the year 1786, advertised for a certain number of vessels to be taken up for the purpose of conveying between seven and eight hundred male and female felons to Botany Bay, in New South Wales, on the eastern coast of New Holland, whither it had been determined by Government to transport them, after having sought in vain upon the African coast for a situation possessing the requisites for the establishment of a colony.
“Six transports and three store-ships were accordingly engaged to convey the persons designed to form the new settlement, with the stores and provisions necessary for their use and consumption. Of the latter, sufficient for two years were put on board; and among the former were tools, implements of agriculture, and such other articles as were considered necessary to a colonial establishment.
“The government of the country was intrusted by His Majesty to Arthur Phillip, Esq. a Post Captain in the service.—The convicts for whose disposal this speculation was undertaken, consisted of 565 men and 192 women; and every necessary arrangement having been made by the naval and military commanders, which seemed best calculated to ensure a fortunate termination to the voyage, on Sunday the 13th of May 1787, the little fleet, which had previously collected at the Mother Bank, sailed with a leading wind through the Needle passage, accompanied by the Hon. Captain de Courcy in the Hyena frigate.
“This expedition anchored in Botany Bay, after a voyage of eight months and one week. The Governor employed a short time in examining, but had not seen any spot to which some strong objection did not apply. If in one place he met with a promising soil, it was deficient in that grand essential, fresh water, and was besides too confined for their numbers. He therefore determined on examining the adjacent harbours of Port Jackson and Broken Bay, and for that purpose set off in three open boats accompanied by some of the officers of the settlement.