American Slavery: English Criminal Transport


Figure 1.--The illustration reprtedly dates from the 17th century, but the early-18th century seems more likelky. It shows a group of English convicts being transported to the colonies as indentured servants. They are being put on a ship that has come up the Thames to Blackfriars. Notice that the convicts include young children which would motly be boys. We do not know what colony was the destination. We lso do not know who the illutrator was and where it was published.

The greatest problem in the colonies from the very beginning was labor. Slavery largely disppeared in England during the Norman era (11th-12th centuries). Thus there was no legal basis for slavery with the early English colonists. There was, however, a basis for forced labor--indentured servants. Some of the indentured servants in the English colonies were criminals transported by the Government. The criminal justice system in England and the rest of Europe was brutal before reforms following the mid-19th century. Individuals found guilty of the most minor offenses such as petty larceny and pick pocketing could be hanged. An option to the presiding was transportation to the colonies as indentured servants. This occurred in both England and Ireland. The individuals included those found guilty for both serious and petty crimes. Because the offenses included petty crimes, some quite young children, mostly boys, were included in these transports. The decesion seems a matter of judicial choice rather than legal guidelines. We are not sure to what extent judges were influenced by a miscreants age in deciding the punishment or the length of servitude. These transports began with the founding of the colonies, but were relatively limited until the 18th century. They continued even after the American Revolution into the 19th century. Ausrtralia was seen at first as a porison colony. Sentences varied. They could be for life, but were more commonly for a specific period. There was no inheritance of slave status by their children, although there were limitations on marriage. The criminals transported were used to work on a variety of government projects, including road construction, building works, and mining. It was virtually impossible to find workers for such projects. Free indivuals wanted to found a farm or business. Those transported might also be purchased for use as unpaid labour. Most of thge transportees were men, but there were a few women. They worked as domestic servants and agricultural labor. There were both indentured servants who were transported and those who contracted to be endentured servants to pay for therir passage. In the later case, 7 years was a common term of servitude. Their legal status meant that they could be bought and sold, required permission to marry, and could be punished phyically. Transported convicts after serving a portion of his term could aplly for a 'ticket of leave' through which some freedoms might be gained. As there was no basis for slavery in English law, the first Africans brought to the colonies were treated as indentured servants.

Slavery in England

Slavery largely disppeared in England during the Norman era (11th-12th centuries).

Labor Shorage

The greatest problem in the colonies from the very beginning was labor. This was the primary problem in the colonies.

Colonial Legal Basis

Thus there was no legal basis for slavery with the early English colonists. There was, however, a basis for forced labor--indentured servants.

Indentured Servitude

There were both indentured servants who were transported and those who contracted to be endentured servants to pay for therir passage. In the later case, 7 years was a common term of servitude.

Criminal Justice System

The criminal justice system in England and the rest of Europe was brutal before reforms following the mid-19th century. Individuals found guilty of the most minor offenses such as petty larceny and pick pocketing could be hanged. At the time there were no prisons for long-term incarceration.

Deportation

Authorities launched a public relations campign to promote the transport of the poor and homeless and to justify the round-ups. It was seen as giving those seen as the dregs of society a second chance. The City of London burghers saw the street children as a nusiance and wanted to get rid of them. City merchants financing the Virginia Company saw the depoeteees as free labor, a commodity in short supply in the colonies. Among who brought the ide of deportatyion was poet John Donne, the Dean of St Paul's. He did not, hiowever, accept the udea of deporting chilkdren.

Criminal Transports

Some of the indentured servants in the English colonies were criminals transported by the Government. Shipments of criminal deportees reached the colonies before the first Africans (1619). An option to hanging was transportation to the colonies as indentured servants. This occurred in both England and Ireland. The individuals included those found guilty for both serious and petty crimes. These transports began with the founding of the colonies, but were relatively limited until the 18th century. They continued even after the American Revolution into the 19th century. Ausrtralia was seen at first as a porison colony. Sentences varied. They could be for life, but were more commonly for a specific period.

Others Adults Tranported

In addition to the criminals, there were other groups of adults deported. They included dissidents, vagrants, prisoners of war, and others.

Children

Quite a number of children were deported, although have not yet found a precise accounting. The children included juvenilke delinquents (modern term), street children, and orphans. Because the offenses for which criminaks coukd be deported included petty crimes, some quite young children, mostly boys, were included in the criminal transports. The term 'juvenile delinquents' did not yet exidt. Boys as youngas 10 years old were recorded among the deportees. [Jordan and Walsh] The decesion seems a matter of judicial choice rather than legal guidelines. We are not sure to what extent judges were influenced by a miscreants age in deciding the punishment or the length of servitude. Many of te children deported were street children called waifs at the time. And there were orphans being cared for by local authoritie.

Duty Boys

Many of the children transported were not criminal. Authorities included waifs and strays in the transports. They were rounded up from streets around St Paul's and held in the Bridewell, a London workhouse and prison which was located just off Fleet Street, near Blackfriars Bridge. Men women, and children wee housed there. King James I was atriong supporter of the transports. He was convinced that the London homeless and itinerant were spreading plague and other diseases. The child deportees were known as Duty Boys. The first ship to take them to the colonies was the Duty. There were girkls among the deportees, aboyt 25 percent were girls.

Numbers

One source reports that more than 70,000 adult convicts and unnumbered children were shipped from the Birdwell and other Englih gaols, to be sold in the American colonies. London seems the most important source. [Jordan and Walsh] This is a very sizeable number, especially whrn the number of voluntary indentured servant is added to the convict and child waif numbers. It means that they were an important part of of the peopleing of the colonies and the early labor force. One source suggests that through the 17th and intob the 18th century thatindentured sevants were a more importat labor source than Afrcan slaves. This varied from colobny to coloby. [Jordon and Wash] It is not cler just when the number of African slaves exceeded the number of indentured servants. factor here of course is tht indentured servitude was for the most part not permnent or at any rate did not extend to the mext generation. African slaves on the other hand increased through reproduction as the children inherited the slave status of their parents.

Legal Status

There was no inheritance of slave status by their children, although there were limitations on marriage. Their legal status meant that they could be bought and sold, required permission to marry, and could be punished phyically. Transported convicts after serving a portion of his term could aplly for a 'ticket of leave' through which some freedoms might be gained. As there was no basis for slavery in English law, the first Africans brought to the colonies were treated as indentured servants.

Employment in the Colonies

The criminals transported were used to work on a variety of government projects, including road construction, building works, and mining. It was virtually impossible to find workers for such projects. Fee indivuduals wanted to found afarm or business. Those transportedf might also be purchased for use as unpaid labour. Most of the transportees were men, but there were a few women. They women worked as domestic servants and agricultural labor.

Treatment

We do not have much information as to how the deportees wre treated. One source reports that among the first 300 deportees, only 12 survived 4 years. The others died of ill treatment, disease, attack by native Americans or overwork. [Jordon and Walsh] This seems a very high number, but it should be seen in the prospective that ,any of the free colonists also died in the first years of the colonies. One child deportee, Elizabeth Abbott, was beaten to death. Her master had ordered her to be given 500 lashes for running away. Indentured servants might suffer some of the brutalities now associated with black slavery: branding, whipping, manacling and other abuses. This would have been subject to laws passed by colonial legislatures. We do not yet have information on these laws which varied from colony to colony.

Image

The convict deportees were seen with contempt by the colonists. Benjamin Franklin proposed sending rattlesnakes back to England in return for the deportees. After the American victiory in the Revolutinry War, Lord North, encouraged by King George III, reportedly sent over convicts disguised as ordinary imigrants. The deportees apparently did nor report what wa happening, fearing arrest. The King was recoirded as saying, "The Americans cannot expect any favours from me. But permitting them to obtain men unworthy to remain in this island I shall certainly consent to.'

Sources

Jordan, Don and Michael Walsh. White Cargo: The Forgotten History Of Britain's White Slaves In America (Mainstream, 2007). .







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Created: 8:58 PM 4/10/2012
Last updated: 8:58 PM 4/10/2012