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DEPORTATION
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DEPORTATION , or. TRANSPORTATION, a See also:system of See also:punishment for See also:crime, of which the essential See also:factor is the removal of the criminal to a penal See also:settlement outside his own See also:country. It is to be distinguished from See also:mere See also:expulsion (q.v.) from a country, though the See also:term " deportation " is now used in that sense in See also:English See also:law under the Aliens See also:Act 1905 (see See also:ALIEN). Strictly, the deportation or transportation system has ceased to exist in See also:England, though the removal or exclusion of undesirable persons from See also:British territory, under various Orders in See also:Council, is possible in places subject to the See also:Foreign See also:Jurisdiction Acts, and in the See also:case of criminals under the See also:Extradition Acts.
Earlier British Transportation System.—At a See also:time when the British See also:statute-See also:book bristled with See also:capital felonies, when the pick-See also:pocket or See also:sheep-stealer was hanged out of See also:hand, when See also:Sir See also:Samuel See also:Romilly, to whose strenuous exertions the amelioration of the penal See also:code is in a See also:great measure due, declared that the See also:laws of England were written in See also:blood, another and less sanguinary See also:penalty came into great favour. The deportation of criminals beyond the seas See also:grew naturally out of the laws which prescribed banishment for certain offences. The See also:Vagrancy Act of See also: An organized system of See also:kidnapping prevailed along the British coasts; See also:young lads were seized and sold into what was practically See also: One was for See also:Islington, another for Limehouse; Howard only stipulated for some healthy place well supplied with See also:water and conveniently situated for supervision. He was strongly of See also:opinion that the penitentiary should be built by convict labour. Howard withdrew from the See also:commission, and new members were appointed, who were on the See also:eve of beginning the first penitentiary when the discoveries of See also:Captain See also:Cook in the See also:South Seas turned the See also:attention of the See also:government towards these new lands. The vast territories Australian of See also:Australasia promised an unlimited See also: All lived upon rations sent out from home; and when convoys with See also:relief lingered by the way See also:famine stared all in the See also:face. The colony was See also:long a penal settlement and nothing more, peopled only by two classes, convicts and their masters; criminal bondsmen on the one hand who had forfeited their independence and were bound to labour without See also:wages for the See also:state, on the other officials to guard and exact the due performance of tasks. A few See also:free families were encouraged to emigrate, but they were lost in the See also:mass they were intended to See also:leaven, swamped and outnumbered by the convicts, shiploads of whom continued to pour in See also:year after year. When the influx increased, difficulties as to their employment arose. Free settlers were too few to give work to more than a small proportion. Moreover, a new policy was in the ascendant, initiated by See also:Governor See also:Macquarie, who considered the convicts and their rehabilitation his See also:chief care, and steadily discouraged the See also:immigration of any but those who " came out for their country's See also:good." The great bulk of the convict labour thus remained in government hands. This See also:period marked the first phase in the See also:history of transportation. The penal colony, having triumphed over early dangers and difficulties, was crowded with convicts in a state of semi-freedom, maintained at the public expense and utilized in the development of the latent resources of the country. The methods employed by Governor Macquarie were not, perhaps, invariably the best; the time was hardly ripe as yet for the erection of palatial buildings in Sydney, while the See also:congregation of the work-men in large bodies tended greatly to their demoralization. But some of the See also:works undertaken and carried out were of incalculable service to the young colony; and its early advance in See also:wealth and prosperity was greatly due to the magnificent roads, See also:bridges and other facilities of inter-communication for which it was indebted to Governor Macquarie. As time passed the criminal sewage flowing from the Old See also:World to the New greatly increased involume under milder and more humane laws. Many now escaped the gallows, and much of the overcrowding of the gaols at home was caused by the gangs of convicts awaiting transhipment to the Antipodes. They were packed off, however, with all convenient despatch, and the numbers on government hands in the colonies multiplied exceedingly, causing increasing embarrassment as to their disposal. Moreover, the expense of the Australian convict establishments was enormous. Some See also:change in system was inevitable, and the See also:plan of " See also:assignment" was introduced; in other words, that of freely lending the convicts to any who would relieve the authorities of the See also:burden-some See also:charge. By this time free settlers were arriving in greater number, invited by a different and more liberal policy than that of Governor Macquarie. Inducements were especially offered to persons possessed of capital to assist in the development of the country. Assignment See also:developed rapidly; soon eager competition arose for the convict hands that had been at first so reluctantly taken. Great facilities existed for utilizing them on the wide areas of grazing See also:land and on the new stations in the interior. A See also:pastoral See also:life, without temptations and contaminating influences, was well suited for convicts. As the colony grew richer and more populous, other than agricultural employers became assignees, and numerous enterprises were set on See also:foot. The trades and callings which See also:minister to the needs of all civilized communities were more and more largely pursued. There was plenty of work for skilled convicts in the towns, and the services of the more intelligent were highly prized. It was a great boon to secure gratis the assistance of men specially trained as clerks, book-keepers or handicraftsmen. Hence all manner of intrigues and manceuvres were afoot on the arrival of drafts and there was a scramble for the best hands. Here at once was a palpable flaw in the system of assignment. The See also:lot of the convict was altogether unequal. Some, the dull, unlettered and unskilled, were drafted up country to heavy See also:manual labour at which they remained, while See also:clever See also:expert rogues found pleasant, congenial and often profitable employment in the towns. The contrast was very marked from the first, but it became the more apparent when in due course it was seen that some were still engaged in irksome toil, while others who had come out by the same See also:ship had already attained to affluence and ease. For the latter transportation was no punishment, but often the See also:reverse. It meant too often See also:transfer to a new world under conditions more favourable to success, removed from the keener competition of the old. By adroit management, too, convicts often obtained the command of funds, the product of nefarious transactions at home, which wives or near relatives or unconvicted accomplices presently brought out to them. It was easy for the free new-corners to secure the assignment of their convict See also:friends; and the latter, although still nominally servants and in the background, at once assumed the real See also:control. Another system productive of much evil was the employment of convict clerks in positions of See also:trust in various government offices; convicts did much of the legal work of the colony; a convict was clerk to the See also:attorney general; others were schoolmasters and were entrusted with the See also:education of youth. Under a system so anomalous and uncertain the See also:main object of transportation as a method of penal discipline and repression was in danger of being quite overlooked. Yet the state could not entirely abdicate its functions, although it on r t surrendered to a great extent the care of criminals to system. private persons. It had established a code of penalties for the See also:coercion of the See also:ill-conducted, while it kept the worst perforce in its own hands. The See also:master was always at See also:liberty to See also:appeal to the strong See also:arm of the law. A See also:message carried to a neighbouring See also:magistrate, often by the See also:culprit himself, brought down the prompt retribution of the lash. Convicts might be flogged for See also:petty offences, for idleness, See also:drunkenness, turbulence, absconding and so forth. At the out-stations some show of decorum and regularity was observed, although the work done was generally scanty and the convicts were secretly given to all manner of evil courses. The See also:town convicts were worse, because they were far less controlled. They were nominally under the Assign. See also:meat system. surveillance and supervision of the See also:police, which amounted to nothing at all. They came and went, and amused themselves after working See also:hours, so that Sydney and all the large towns were hotbeds of See also:vice and immorality. The masters as a See also:rule made no See also:attempt to See also:watch over their charges; many of them were absolutely unfitted to do so, being themselves of See also:low See also:character, "emancipists " frequently, old convicts conditionally pardoned or who had finished their terms. No effort was made to prevent the assignment of convicts to improper persons; every applicant got what he wanted, even though his own character would not See also:bear inspection. All whom the masters could not manage—the incorrigible upon whom the lash and See also:bread and water had been tried in vain—were returned to government charge. These, in See also:short, comprised the whole of the refuse of colonial convictdom. Every See also:man who could not agree with his master, or who was to undergo a penalty greater than flogging or less than capital punishment, came back to government and was disposed of in one of three ways, (1) the road parties, (2) the See also:chain gang, or (3) the penal settlements. (1) In the first case, the convicts might be kept in the vicinity of the towns or marched about the country according to the work in hand; the labour was severe, but, owing to inefficient supervision, never intolerable; the See also:diet was ample and there was no great See also:restraint upon independence within certain wide limits. To the slackness of control over the road parties was directly traceable the frequent See also:escape of desperadoes, who, defying recapture, recruited the gangs of bushrangers which were a See also:constant terror to the whole country. In (2) the chain or See also:iron gangs, as they were sometimes styled, discipline was far more rigorous. It was maintained by the constant presence of a military guard, and when most efficiently organized the gang was governed by a military officer who was also a magistrate. The work was really hard, the custody close—in hulk, stockaded barrack or See also:caravan; the first was at Sydney, the second in the interior, the last when the undertaking required constant change of place. All were locked up from sunset to sunrise; all wore heavy See also:leg irons; and all were liable to immediate flagellation. The convict " scourger " was one of the regular officials attached to every chain gang. (3) The third and ultimate receptacle was the penal settlement, to which no offenders were transferred till all other methods of treatment had failed. These were terrible cesspools of iniquity, so See also:bad that it seemed, to use the words of one who knew them well, that " the See also:heart of a man who went to them was taken from him and he was given that of a beast." The horrors accumulated at See also:Norfolk See also:Island, Moreton Bay, Port See also:Arthur and See also:Tasman's See also:Peninsula are almost beyond description. The convicts herded together in them were soon utterly degraded and brutalized; no wonder that reckless despair took See also:possession of them, that death on the gallows for See also:murder purposely committed, or the slow terror from See also:starvation following escape into surrounding wilds was often welcomed as a relief. The See also:stage which transportation was now reaching and the actual See also:condition of affairs in the Australian colonies about this period do not appear to have been much understood in England. See also:Earnest and thoughtful men might busy themselves with prison discipline at home, and the legislature might watch with peculiar See also:interest the results obtained from the See also:special treatment of a limited number of selected offenders in Millbank penitentiary. But for the great mass of criminality deported to a distant See also:shore no very active concern was shown. The country for a long time seemed satisfied with transportation. Portions of the system might be open to See also:criticism. Thus the See also:Commons committee of 1832 freely condemned the hulks at See also:Woolwich and other arsenals in which a large number of convicts were kept while waiting embarkation. It was reported that the indiscriminate association of prisoners in them produced more vice, profaneness and demoralization than in the See also:ordinary prisons. After dark the wildest orgies went on unchecked—dancing, fighting, gambling, singing and so forth; it was easy to get drink and See also:tobacco and to see friends from outside. The labour hours were short and the tasks See also:light; " altogether the. situation of the convict in the hulks," says the See also:report, " cannot be considered penal; it is a state of restriction, but hardly of punishment." But no objection was raised to transportation. It was considered by this same committee " a most valuable expedient in the system of secondary punishment." They only thought it necessary to suggest that See also:exile should be preceded by a period of severe probationary punishment in England, a proposal which was reiterated later on and actually adopted. It was in the country most closely affected that dissatisfaction first began to find See also:voice. Already in 1832 the most reputable sections of Australian society were beginning to murmur grievously. Transportation had fostered the growth of a strong party—that representing convict views—and these were advocated boldly in unprincipled prints. This party, constantly recruited from the emancipists and See also:ticket-of-leave holders, Australian ecgradually grew very numerous, and threatened soondonns. do g s. to swamp the honest and untainted parts of the community. As years passed the prevalence of crime, and the universally low See also:tone of morality due to the convict See also:element, became more and more in the ascendant. At length in 1835 See also:Judge See also:Burton made a loud protest, and in a charge to the See also:grand See also:jury of Sydney plainly intimated that transportation must cease. While it existed, he said, the colonies could never rise to their proper position; they could not claim free institutions. This bold but forcible See also:language commanded attention. It was speedily echoed in England, and particularly by See also:Archbishop See also:Whately, who argued that transportation failed in all the leading requisites of any system of secondary punishment. Transportation exercised no salutary terror in offenders; it was no longer exile to an unknown inhospitable region, but to one flowing with See also:milk and See also:honey, whither innumerable friends and associates had gone already. The most glowing descriptions came back of the wealth which any clever See also:fellow might easily amass; stories were told and names mentioned of those who had made ample fortunes in See also:Australia in a few years. As a See also:matter of fact the convicts, or at least large numbers of them, had prospered exceedingly. Some had incomes of twenty, See also:thirty, even See also:forty thousand pounds a year. The deteriorating effects of the system were plainly See also:manifest on the See also:surface from the condition of the colony,—the profligacy of the towns, the scant reprobation of crimes and those who had committed them. Down below, in the openly sanctioned slavery called assignment, in the demoralizing chain gangs and in the inexpressibly horrible penal settlements, were more abundant and more awful proofs of the general wickedness and corruption. Moreover these appalling results were accompanied by See also:colossal See also:expenditure. The cost of the colonial convict establishments, with the passages out, amounted annually to upwards of 300,000; another xoo,000 was expended on the military garrisons; and various items brought the whole outlay to about See also:half a million per annum. It may be argued that this was not a heavy See also:price to pay for peopling a See also:continent and laying the See also:foundations of a vast Australasian See also:empire. But that empire could never have See also:expanded to its See also:present dimensions if it had depended on convict immigration alone. There was a point, too, at which all development, all progress, would have come to a full stop had it not been relieved of its stigma as a penal colony. That point was reached between 1835 and 1840, when a powerful party came into existence in New South Wales, pledged to bring about the See also:abandonment of transportation. A strongly hostile feeling was also gaining ground in England. In 1839 a new committee of the See also:House of Commons had made a patient and searching investigation into the merits and demerits of the system and freely condemned it. The government had no choice but to give way; it could not ignore the protests of the colonists, backed up by such an authoritative expression of opinion. In 1840 orders were issued to suspend the deportation of criminals to New South Wales. But what was to become of the convicts? It was impossible to keep them at home. The hulks which might have served had also failed; the faultiness of their See also:internal management had been fully proved. The committee had recommended the erection of more penitentiaries. But the costly experiment of Millbank had been barren of results. The See also:model prison at Pentonville, in See also:process of construction under the pressure of a Reform See also:movement. movement towards prison reform, could offer but limited See also:accommodation. A proposal was put forward to construct convict See also:barracks in the vicinity of the great arsenals; but this, which contained really the germ of the present British penal system, was premature. The government in this See also:dilemma steered a See also:middle course and resolved to adhere to transportation, but under a greatly modified and it was hoped much improved form. The colony of See also:Van See also:Diemen's Land, younger and, less self-reliant than its See also:neighbour, had also endured convict immigration but had made no protest. It was resolved to See also:direct the whole stream of deportation upon Van Diemen's Land, which was thus constituted one vast colonial prison. The main principle of the new system was one of See also:probation; hence its name. All convicts were to pass through various stages and degrees of punishment according to their conduct and character. Some general See also:depot was needed where the necessary observation could be made, and it was found at Millbank penitentiary. Thence boys were sent to the prison for juveniles at Parkhurst; the most promising subjects among the adults were selected to undergo the experimental discipline of solitude and separation at Pentonville; less hopeful cases went to the hulks; and all adults alike passed on to the Antipodes. Fresh stages awaited the convict on his arrival at Van Diemen's Land. The first was limited to " lifers " and colonial convicts sentenced a second time. It consisted in detention at one of the penal stations, either Norfolk Island or Tasman's Peninsula, where the disgraceful conditions already described continued unchanged to the very last. The second stage received the largest number, who were subjected in it to gang labour, working under restraint in various parts of the colony. These probation stations, as they were called, were intended to inculcate habits of industry and subordination; they were provided with supervisors and religious instructors; and had they not been tainted by the vicious See also:virus brought to them by others arriving from the penal stations, they might have answered their purpose for a time. But they became as bad as the worst of the penal settlements and contributed greatly to the breakdown of the whole system. The third stage and the first step towards freedom was the concession of a pass which permitted the convict to be at large under certain conditions to seek work for himself; the See also:fourth was a ticket-of-leave, the possession of which allowed him to come and go much as he pleased; the fifth and last was See also:absolute See also:pardon, with the prospects of rehabilitation. This scheme seemed admirable on See also:paper; yet it failed completely when put into practice. Colonial resources were quite unable to bear the pressure. Within two or three years ° aduala= Van Diemen's Land was inundated with convicts. ment. Sixteen thousand were sent out in four years; the See also:average See also:annual number in the colony was about 30,000, and this when there were only 37,000 free settlers. Half the whole number of convicts remained in government hands and were kept in the probation gangs, engaged upon public works of great utility; but the other half, pass-holders and ticket-of-leave men in a state of semi-freedom, could get little or no employment. The See also:supply greatly exceeded the demand; there were no hirers of labour. Had the colony been as large and as prosperous as its neighbour it could scarcely have absorbed the glut of workmen; but it was really on the See also:verge of bankruptcy—its finances were embarrassed, its trades and See also:industries at a standstill. But not only were the convicts idle; they were utterly depraved. It was soon found that the system which kept large bodies always together had a most pernicious effect upon their moral condition. " The congregation of criminals in large batches without adequate supervision meant simply wholesale, widespread pollution," as was said at the time. These ever-present and constantly increasing evils forced the government to reconsider its position; and in 1846 transportation to Van Diemen's Land was temporarily suspended for a couple of years, during which it was hoped some relief might be afforded. The formation of a new convict colony in See also:North period of time spent in a hard labour prison preceded relegation, Australia had been contemplated; but the project, warmly but the convicts on arrival were generally unfitted to assist in espoused by Mr See also:Gladstone, then under-secretary of ata.te for the colonization. They were for the most See also:part decadent, morally colonies, was presently abandoned; and it now became clear t and physically; their labour was of no substantial value to and numbering 14,000, all of whom died. The prractic tdce. attempt was repeated in 1766 and with the same miserable result. Other failures are recorded, the worst being the scheme of the philanthropist See also:Baron Milius, who in 1823 planned to form a community on the See also:banks of the Mana (See also:French See also:Guiana) by the See also:marriage of exiled convicts and degraded See also:women, which resulted in the most ghastly horrors. The principle of deportation was then formally condemned by publicists and government until suddenly in 1854 it was reintroduced into the French penal code with many high-See also:sounding phrases. Splendid results were to be achieved in the creation of See also:rich colonies afar, and the regeneration of the criminal by new openings in a new land. The only outlet available at the moment beyond the See also:sea was French Guiana, and it was again to be utilized despite its pestilential See also:climate. Thousands were exiled, more than half to find certain death; none of the penal settlements prospered. No return was made by agricultural development, farms and plantations proved a dead loss under the unfavourable conditions of labour enforced in a malarious climate and unkindly soil, and it was acknowledged by French officials that the attempt to establish a penal colony on the See also:equator was utterly futile. Deportation to Guiana was not abandoned, but instead of native-See also:born French exiles, convicts of subject races, See also:Arabs, Anamites and See also:Asiatic blacks, were sent exclusively, with no better success as regards colonization. In 1864, however, it was possible to divert the stream else-where. New See also:Caledonia in the Australian Pacific was annexed to See also:France in 1853. Ten years later it became a new settlement for convict emigrants. A first shipload was disembarked in 1864 at Noumea, and the foundations of the See also:city laid. Prison buildings were the first erected and were planted upon the island of Non, a small See also:breakwater to the Bay of Noumea. Outwardly all went well under the fostering care of the authorities. The See also:population steadily increased; an average See also:total of 600 in 1867 See also:rose in the following year to 1554. In 1874 the convict population exceeded 5000; in 188o it had risen to 8000; the total reached 9608 at the end of See also:December 1883. But from that time forward the numbers transported annually fell, for it was found that this South Pacific island, with its fertile soil and fairly temperate climate, by no means intimidated the dangerous classes; and the French See also:administration therefore resumed deportation of French-born whites to Guiana, which was known as notoriously unhealthy and was likely to act as a more See also:positive deterrent. The authorities divided their exiles between the two outlets, choosing New Caledonia for the convicts who gave some promise of regeneration, and sending criminals with the worst antecedents and presumably incorrigible to the settlements on the equator. This was in effect to hand over a fertile colony entirely to criminals. Free immigration to New Caledonia was checked, and the colony became almost exclusively penal. The natural growth of a prosperous colonial community made no advance, and convict labour did little to stimulate it, the public works, essential for development, and construction of roads were neglected; there was no extensive clearance of lands, no steady development of See also:agriculture. From 1898 See also:simple deportation practically ceased, but the islands were full of convicts already sent, and they still received the product of the latest invention in the criminal code known as " relegation," a punishment directed against the recidivist or incorrigible criminal whom no penal retribution had hitherto touched and whom the French law See also:felt justified in banishing for ever to the " back of beyond." A certain that no resumption of transportation was possible. The See also:measures taken to substitute other methods of secondary punishment are set forth in the See also:article PRISON (q.v.). France.—France adopted deportation for criminals as far back as 1763, when a penal colony was founded in French Guiana and failed disastrously. An expedition was sent there, composed of the most evil elements of the See also:Paris population colonists or themselves, and there was small See also:hope of profitable result when they gained conditional liberation, with a concession of colonial land and a possibility of rehabilitation by their own efforts abroad, for by their See also:sentence they were forbidden to hope for return to France. The punishment of relegation was not long in favour, the number of sentences to it fell year after year, and it has now been practically abandoned. Other Countries.—Penal exile has been practised by some other countries as a method of secondary punishment. See also:Russia since 1823 has directed a stream of offenders, mainly See also:political, upon See also:Siberia, and at one time the yearly average sent was 18,000. The Siberian exile system, the horrors of which cannot be exaggerated, belongs only in part to penitentiary See also:science, but it was very distinctly punitive and aimed at regeneration of the individual and the development of the soil by new settlements. Although the See also:journey was made mostly on foot and not by sea transport, the principle of deportation (or more exactly of removal) was the essence of the system. The later practice, however, has been exactly similar to transportation as originated by England and afterwards followed by France. The penal colonization of the island of See also:Sakhalin reproduced the preceding methods, and the See also:Russian convicts were conveyed by See also:ships through the See also:Suez See also:Canal to the Far See also:East. Sakhalin was hopefully intended as an outlet for released convicts and their rehabilitation by their own efforts, precisely in the manner tried in Australia and New. Caledonia. The result repeated previous experiences. There was land to reclaim, forests to cut down, marshes to drain, everything but a temperate climate and a good will of the felon labourers to create a prosperous colony. But the convicts would not work; a few sought to win the right to occupy a concession of soil, but the bulk were pure vagabonds, wandering to and fro in See also:search of See also:food. The agricultural enterprise was a See also:complete failure. The wrong sites for cultivation were chosen, the labourers were unskilled and they handled very indifferent tools. Want amounting to constant starvation was a constant rule; the rations were insufficient and unwholesome, very little meat eked out with See also:salt See also:fish and with entire See also:absence of vegetables. The general tone of morals was inconceivably low, and a universal See also:passion for See also:alcohol and card-playing prevailed. According to one authority the life of the convicts at Sakhalin was a frightful nightmare, " a mixture of debauchery and innocence mixed with real sufferings and almost inconceivable privations, corrupt in every one of its phases." The prisons hopelessly ruined all who entered them, all classes were indiscriminately herded together. It is now generally allowed that deportation, as practised, had utterly failed, the chief reasons being the unmanageable numbers sent and the absence of outlets for their employment, even at great cost. The prisons on Sakhalin have been described as hotbeds of vice; the only See also:classification of prisoners is one based on the length of sentence. Some imperfect attempt is made to See also:separate those waiting trial from the recidivist or hardened offender, but too often the association is indiscriminate. Prison discipline is generally slack and ineffective, the See also:staff of warders, from ill-judged See also:economy, too weak to supervise or control. The See also:officers themselves are of inferior See also:stamp, drunken, untrustworthy, over-bearing, much given to " trafficking " with the prisoners, accepting bribes to assist escape, See also:quick to misuse and oppress their charges. Crime of the worst description is See also:common. See also:Italy has practised deportation in planting various agricultural colonies upon the islands to be found on her See also:coast. They were meant to imitate the intermediate prisons of the Irish system, where prisoners might work out their redemption, when provisionally released. Two were established on the islands of Pianoso and Gorgona, and there were settlements made on See also:Monte Christo and See also:Capraia. They were used also to give effect to the system of enforced See also:residence or domicilio coatto. See also:Portugal also has tried deportation to the See also:African colony of See also:Angola on a small See also:scale with some success, and combined it with free See also:emigration. The settlers have been represented as well disposed towards the convicts, gladly obtaining theirservices or helping them in the matter of See also:security. The convict element is orderly, and, although their treatment is " peu repressive et relativement debonnaire," few commit offences. The Andaman Islands have been utilized by the See also:Indian government since the See also:mutiny (1857) for the deportation of heinous criminals (see ANDAMAN ISLANDS). Additional information and CommentsThere are no comments yet for this article.
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