TRANSPORTATION (trans and ports), removal, banishment to Some fixed place. Transportation, as a punishment for crime in Eng land, having been practically abolished, it is only in its historical point of view that it will be here considered. Under CRIMES AND PUNISH MENTS ; LAW, CRIMLNAL ; and PFNAI, SERVITUDE, will be found the present state of the law with regard to the punishment of crime, and the nature of the system of imprisonment The statute of 30 Elizabeth, c. 4, for the banishment of dangerous rogues and vagabonds, was virtually converted by James I. into an act for transportation to America by a letter to the treasurer and council of the colony of Virginia, in the year 1619, commanding them "to send a hundred dissolute persona to Virginia, which the knight-marshal would deliver to them for that purpose." Transportation is not distinctly mentioned in any English statute prior to the stat. 18 Car. II., c. 3, which gives a power to the judges at their discretion either to execute or transport to America for life the moss-troopers of Cum berland and Northumberland. Until after the passing of the stat. 4 Geo. I., c. 2, continued by etat. 6 Geo. I., c. 23, this mode of punish ment ,was not brought into common operation. By these statutes the courts were allowed a discretionary power to order felons who were by law entitled to benefit of clergy to be transported to the American plantations, Transportation to America under the statutes of George I. lasted from 1718 till the commencement of the War of Independence in 1775: • A plan for the establishment of penitentiaries, which was strongly recommended by Judge Blackstone, Mr. Eden (afterwards Lord Auck land), and Mr. Howard, was taken into consideration by parliament, and the act 19 Geo. III., c. 74, for the erection of penitentiaries, passed. The government failed, however, to adopt the necessary measures for its execution ; and transportation was resumed by an act passed in the 24th year of George III., which empowered his majesty in council to appoint to what place beyond the seas, either within or without his majesty'e dominions, offenders should be transported; and by two orders in council, dated December 6th, 1786, the eastern coast of Aus tralia and the adjacent islands were fixed upon. In the month of May,
1787, the first band of convicts left England, which in the succeeding year founded the colony of New South Wales.
By statute 5 Geo. IV., c. 84 (amended by the 11 Geo. IV., and I Will. IV., c. 39) the crown was empowered to appoint places beyond the seas to which persons under sentence or order of transportation or banishment should he conveyed, the governor of the colony, or his assignee, having the property in the service of the convicts. The crown was also empowered to appoint places of confinement at home, either on land or on board vessels in the Thames, or other rivers or harbours, for the removal and confinement of male offenders (extended by the etat. 16 & 17 Vict. to females) under sentence of death, but reprieved or respited, or under sentence of transportation, there to remain under order of the Secretary of State until entitled to their liberty, or removed, or otherwise dealt with. The capital punishment for offend ers found unduly at Large before the expiration of their sentence, was still retained, but was subsequently abolished by the eat. 4 & 5 Will. IV. c. 67, which substituted transportation for life, with previous imprisonment not exceeding four years.
New South Wales, Van Diemen 's Land, and Norfolk Island became, under these statutes and an earlier statute of George III., the principal receptacles for convicts. The power of the colonial governors to remit sentences was next restrained by the stat. 2 & 3 Will. IV., c. 62, they being only empowered to pardon or remit labour after the convicts had undergone a certain portion of their sentence ; but this statute was repealed by the 6 & 7 Viet. c. 7, which provides that, instead of governors of colonies remitting either absolutely or conditionally the period of transportation, the govErnors shall recommend felons to government at home for pardon, and they are to be pardoned according to the instructions received thereupon, such pardons having the same effect as a pardon under the great seal.