Category:Convict Rights

Background

Contrary to the view that has developed among professional and family historians, the convicts had a number of channels, legal, administrative and personal, through which complaints could be raised about neglect or abuse on the outward voyage. On the First Fleet, a troublesome convict who complained that she had been mistreated by the marines, lodged a complaint which made its way to the commodore of the fleet, Captain Arthur Phillip. The first civil court case in Australian history was heard in July 1788, brought by two convicts against one of the ships' captains, over the theft of some of their property in the course of the voyage. They were successful, and damages were awarded against the captain (and the damages were paid). By 1791, it was usual for the Governor to establish an inquiry by the bench of magistrates when a credible and serious complaint was made.

It would take time for these procedures to be formalised, but by 1796, the Transport Board required ships' captains to put up a table of the convicts' official rations in the ship's prison: the object of this initiative was to provide the convicts with information they could use to challenge their gaolers if they believed they were being denied their just rations. Government was making it easier for the convicts to protest!

By 1797, the Governor or one of his senior officers would routinely go on board the ships soon after they came into the cove, and muster the convicts, inquiring whether they had any complaints about their treatment throughout the voyage.

Of course the system was imperfect, but what is clear is that convict complaints routinely made their way to the Home Secretary prior to sailing and the Governor upon arrival, and that detailed investigations were launched as a result.

It is wrong for us to imagine that the convicts on a voyage to the Antipodes had no means of protecting themselves against abuse.

- Gary L. Sturgess, 12 February 2016

The former NSW commissary, John Palmer, told the 1812 Select Committee that if the convicts had complaints to make upon their arrival, ‘it was generally put down, and delivered to the Governor in writing’. He said that such complaints were very rare. ‘Sometimes their money has been intrusted to the mates, and not returned, and the business has been inquired into before the magistrates, and they have been redressed’.