Convict Guide - published 2006 - Manual / Resource - Page 17
Guide to New South Wales State archives relating to convicts and convict administration
Chapter 1: Trial and Transportation
1.1
Background to the records
Trial
'Transportation was awarded by Courts of Quarter Sessions and Assizes
as a rule, though a handful of men was transported by courts martial,
and a few by special commission, such as that established after the
1830 agrarian outrages in southern England'. (Robson, The Convict
Settlers of Australia, p.6).
Following apprehension, after committing a crime, a person was brought
before a magistrate and formally charged. If there was enough
evidence, the prisoner would be detained in gaol to await trial. After
being tried and if found guilty the prisoner could be sentenced to
transportation or death, which was often commuted to transportation,
the prisoner would then be sent to a gaol or hulk to wait to board a
convict vessel for the Australian colonies.
Awaiting
transportation
In England those from inland gaols were conveyed to seaports, the
women by coach or carts and the men trudged on foot. (Bateson, The
Convict Ships, p.58). In Ireland male and female prisoners 'were
collected from the country and city gaols and placed aboard small
vessels at Dublin or Cork to await a convict ship or to voyage to one of
those ports – sometimes they remained for weeks in the small, crowded
brigs, awaiting the arrival of a convict ship, but more often the convict
ship had to await its passengers'. (Bateson, The Convict Ships, p.58).
Deaths on board
Thanks to Governor Phillip's thorough preparations and the care
displayed on the voyage to Botany Bay there were only about 3%
deaths on the First Fleet. Nearly 26% of the convicts on the Second
Fleet, however, died on the voyage out and within eight months of their
arrival 40% were dead. (Flynn, Second Fleet, p.1).
New instructions for
voyages
After the high death toll of the Second Fleet contractors, previously paid
for the number of convicts who embarked, were now paid for those who
arrived. (Shaw, Convicts and the Colonies, p.111).
Matters left much to be desired in the years up to 1801 when the
Transport Commissioners issued instructions to the masters and
surgeons of the Minorca, Canada and Nile. The vessels were to be kept
'sweet and clean', and that every day weather permitting 'the convicts
to be brought on deck for the benefit of Air, and see that their Berths be
properly cleansed and ventilated'. The Master's Log and Surgeon's diary
were to record these particulars and the Governor was to issue
'certificates of Good Conduct if satisfied with the conduct of the voyage'.
These were then presented to be paid a gratuity. (HRA Vol 3, pp.97-98).
Enquiry into deaths
on board
Deaths continued to occur and in 1814 three transports, the General
Hewitt, the Three Bees and the Surrey arrived with the convicts in
appalling condition. (Bateson, Convict Ships, p.48). William Redfern
conducted an enquiry at Macquarie's request and urged that naval
surgeons be appointed as surgeon-superintendents, that assistant
surgeons travel on each transport, and that greater attention be paid to
ventilation and cleanliness. (Shaw, Convicts and the Colonies, pp.119120).
The adoption of these recommendations resulted in improvements,
particularly after faster ships reduced travel time and the quality of
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State Records Authority of New South Wales