Colonial American Convict Labor

From In For The Long Haul: First Fleet Voyage & Colonial Australia: The Convicts' Perspective, by Annegret Hall (ESH Publication, 2018), Kindle pp. 19-21:

A brief overview of earlier British convict transportation practices is relevant here. In 1717, the British Parliament passed the Act for the Further Preventing Robbery, Burglary, and Other Felonies, and for the More Effective Transportation of Felons, etc. (4 Geo. I cap. XI), which established penal transportation to America with a seven-year convict bond service for minor offenders, and a fourteen-year convict bond service for more serious crimes. Between 1718 and 1775 an estimated 50,000 convicts were transported to the British-American colonies. This represented about a quarter of all British migrants to the North American colonies at a time when they were desperately short of labour. The American colonists saw convict transportation as beneficial socially, politically and economically. It disposed of minor criminals at a cost that was less than gaoling them and a boon to the colonies by providing cheap labour. This was, in effect, and indeed in fact, a slave trade under a different guise. From its inception, transportation to the American colonies was a private business enterprise. Shipping contractors managed the movement of the convicts, obtained contracts from the sheriffs and in the colonies recouped their costs by selling the prisoners at auctions. Colonists would buy a convict as an indentured servant for the duration of their sentence. During an indenture the living and working conditions imposed on convicts differed little from those of slaves.

However, by the mid 18th century, convict labour had become less attractive to American colonialists and, moreover, in the 1770s the prospect of antislavery laws in England spelled the end of this practice. Maryland was the last colony to accept convicts and by 1775 the American Revolutionary War ended the trade of imported British goods and convicts. On 11 Jan 1776, the London Gazetteer reported ‘there will be no more convicts sent to America whilst the country remains unsettled.’ The article suggested that transportation would resume just as soon as peace was restored. This never took place.

With the loss of the American colonies, the systematic disposal of convicts to places beyond the seas came to a halt. Nevertheless, most judges consistently refused to apply capital punishment to relatively minor crimes and, where it was applied, capital sentences were often commuted to transportation. Consequently, the land gaols in the 1770s and 1780s overflowed with prisoners awaiting the imposition of a sentence that could not be enacted and, importantly, could not be altered. It was a serious judicial stalemate.