RE: Crime and Convict Transportation
- What is the significance of the law of attaint as outlined by Kercher?
The party that had brought the attaint could introduce the same evidence that had been originally given at trial while the jury whose verdict was questioned was allowed to represent a new matter. In case it was found that an error had been made on the verdict, the wrong could be redressed while the original jury could be punished (Kercher 2003, p.554). The impact of being convicted of a felony was that all the property of the convict would be vested to the crown. One could not be sued or give evidence in the court. The law of attaint was applied to the felons and if it was strictly applied it became a form of civil death since no one could have full civil rights.
- What did you find most interesting or surprising from the Maxwell-Stewart article?
The most interesting thing in the article is the practice of transporting the convicts to various parts all over the World which can be likened to slavery. The convicts would be transported to Barbados, Gibraltar, Jamaica, and Bermuda. This practice would go on till in th2 20th century. These places had been earlier occupied by the British Empire (Maxwell-Stewart 2010, p.1233). The convicts that were being transported would be held in prison known as hulk or gaol at that time. Some of the convicts would later find themselves working in plantations which further liken this form of transportation to slavery in the 18th and 19th centuries.
Response to Robert Pelletier
Hi Robert, I have read your responses and liked the way you have provided in-depth responses to the law of attaint as outlined by Kercher. The law of attaint was applied to felons. If one was convicted of a felony, all the property would be vested to the crown and none would pass to the children, and one could not be sued or give evidence in the court. It is also agreeable that the law of attaint if applied strictly, it is likely that none would have full civil rights as this law acted as a form of civil death
Response to Julie Dillon
Hi Dillon, I liked the way you presented your responses. I was surprised that you found the issue of convict transportation interesting as I did. Several convicts would be transported all over the world to countries and regions such as Gibraltar, Bermuda, Jamaica, and Barbados. This practice would go on for many years until 1945. The convicts would often be loaded in ships headed to these regions. At this time, the convicts that were being transported would be held in prison known as hulk or gaol. Some of the convicts would work in the plantations which have made some historians liken it to slavery.
References
Kercher, B 2003, “Perish or Prosper: The Law and Convict Transportation in the British Empire, 1700-1850”, Law and History Review, vol.21, pp. 527-5842.
Maxwell-Stewart, H 2010, “Convict Transportation from Britain and Ireland, 1615-1870”, History Compass, vol.8, pp. 1221-1242.