Page:History of New South Wales from the records, Volume 1.djvu/113

AND COLONISATION. 15 in the eighteenth century was reduced to a regular system. One reason why it came so largely into use was because *' it was found that the Government might save the expense of maintaining convicts by selling them as slaves for a term selling the of years or for life, to a Virginia or Maryland planter.'^* The Government, of course, did not sell the convicts directly, but it empowered the shipowners who contracted for their transportation to sell them, by giving the former a statutory right of property in their service.f The Government trans- ferred them to the contractors, who in their turn transferred them to the planters — the Government in that way relieving itself of all cost and responsibility. But although the system of contract was continued for some years when con- victs were sent out to Australia, they ceased to be made the subject of actual sale. A different method of dealing with AsBignment them was adopted; the Government retained its control over them from first to last, paid for their transportation at a fixed rate, and afterwards} permitted their assignment to colonists on certain terms. • Lewis, p. 237. + Post, p. 447. t"ln 1824, by statate 5 Oeorge IV, c. 84, a new element was introduced into the system of transportation, by giving to the Governor of a penal colony a property in the services of a transported offender for the period of his sentence, and authorising him to assign over such offender to any other person." — Mills, Colonial Constitutions, p. 346. The element referred to was not altogether new. Governor Phillip was instructed to obtain an assiffnment to himself, from the masters of the transports in the First Fleets of the servitude of the convicts on board for the remainder of the terms specified in their sentences; and he was authorised, in 1789, to assign to each grantee of lands in the colony any number of convicts that he might judge sufficient on certain conditions. The section (viii) of the Act refeired to by Mills is as follows :— And be it further enacted that so scon as any such offender shall be delivered to the Goremor of the colony, or other person or persons to whom the contractor shall be so directed to deliver him or her, the property in the service of such offender shall be vested in the Governor of the colony forthe time beinr, or in such other peiwn or persons; and it shall be lawful for the Governor for the time being, and for such ot^er person or persons, whenever he or they shall think fit, to assign any suoh offender to any otner person for the then residue of his or her term of transpoixation, and for suoh assignee to assign over such offender, and so often as may be thought fit: and the property in the service of such offender shall continue in the Governor for the time being, or in such other person or persons as aforesaid, or his or their assiirns, during the whole remaining term of life or years for which such offender was sentenced or ordered to be transported. Digitized by Google