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

Introduction Contrary to the impression that has often been given, convicts had a number of legal and administrative avenues through which they could seek redress for wrongs, actual or perceived.

Of course, these processes were not always effective (and in some cases, they should not have been, since the prisoners were seeking to use these processes for their own ends), but there are numerous examples where complaints made their way to senior government officials, investigations were launched and wrongs were rectified.

This paper documents the processes, formal and informal, through which complaints could be made.

1. Informal Complaints

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’.

First Fleet (1787)

Elizabeth Barber’s Complaint About Mistreatment

9 August 1787 (at Rio) – Phillip invited Surgeon Arndell onto the Sirius, and he stayed for dinner. Returned with Major Ross, who came to inquire about Elizabeth Barber. She had written a complaint to the Commodore, which Ross investigated and found to be unfounded.

[Note what this says about the system of managing the convicts – a female convict who had misbehaved since leaving Portsmouth could write a complaint to the Commodore, which would be read by him and acted upon, by sending the ranking officer of the marines to investigate.]

Henry Kable’s Complaint About Missing Belongings

At either Rio de Janeiro or at the Cape, Henry Kable submitted a message to Phillip raising concerns about a missing package. At the Cape, Phillip ordered Hunter to go on board the Alexander to search for it, but they were unable to locate it.

[Again, this indicates that there was a system through which the convicts could submit complaints and they would be dealt with.]