gave them some alleviation, by allowing masters to cry down[1] the credit of their men. Only masters of British or Indian vessels, however, were allowed this privilege, and not those of colonial ships unless the names of the crew had been advertised in the Gazette. This was reasonable, for the crews on the colonial ships were constantly changing. The detainers were intended to serve the double purpose of preventing the escape of prisoners and securing the payment of debts, which under the colonial system of judicature could not be recovered in the court against persons out of the Colony. With all its defects and possibilities of imposing hardships, it was found on the whole to serve its purpose with tolerable efficiency.[2]
But the regulations for mustering the ship's crew and passengers were more burdensome and less efficient. It was obviously the duty of the Government to make sure that no prisoners escaped, and for that reason it was necessary to make a thorough examination of each ship before its departure, to muster its crew and see the passengers. But the work was badly done, and by holding the muster on shore at the Secretary's office, instead of on the ship, no useful purpose was served. The following description sent to Bigge by the master of a convict ship shows clearly the objections to Campbell's methods.
"The was in the first place detained ten days after it was advertised ready for sea; at the expiration of which time the Secretary would not muster the crew though applied to for an earlier muster. On the tenth day, as some of my crew had deserted, Mr. Campbell appointed that day week for the purpose; … I wrote to the Governor … on which an earlier day was fixed by him. That day came, and I brought my crew on shore (the ship at this time being left entirely to the mercy
- ↑ i.e., to publish a notice warning publicans and traders that they would not be responsible for debts incurred by their crews.
- ↑ One objectionable feature was the tax paid to the Judge-Advocate's clerk for each certificate of "no detainer," which amounted in four years to £3,000. This of course was specially heavy for the masters of ships who had to pay for all their crew. Appendix, Bigge's Reports. R.O., MS. Sometimes persons against whom detainers were lodged did get away without paying. Blaxcell, e.g., left the Colony in 1817 when there was a detainer lodged against him for duties due to the Crown of £2,385. There were probably many similar instances in which private and no less important creditors were involved.
