The Transportation of Scottish Criminals to America during the Eighteenth Century

• Published in: The Journal of British studies 1985-07, Vol.24 (3), p.366-374
• Main Author: Ekirch, A. Roger
• Format: Article
• Language: English
• Subjects: Capital punishment; Criminal courts; Criminal justice; Criminal punishment; Criminal sentencing; Criminals; Jurisdiction; Merchants; Prisoners; Transportation
• ISSN: 0021-9371; 1545-6986
• DOI: 10.1086/385840

In the last few years there has been a growth of interest in the history of crime and law enforcement in early modern Scotland. Recent studies by Stephen Davies, Bruce Lenman, and Geoffrey Parker have described the intricate operation of the country's criminal justice system. Relatively little attention, however, has been paid to the role played by transportation. During the eighteenth century, banishing criminals to the American colonies became the most common punishment employed by higher courts. By providing a merciful alternative to the death penalty without putting the public at serious risk, transportation carried enormous appeal. An attorney in Edinburgh commented, “In many cases it is absolutely necessary for the safety of the state, and the good order of society, that the country should be rid of certain criminals.” This article seeks to explore the nature of Scottish transportation, from its growing popularity in the early 1700s to its demise in 1775, a result of the American Revolution. Questions basic to an understanding of this punishment and its operation remain unanswered. How often was it utilized by courts? How many offenders were exiled during the century? What sorts of crimes had they committed? By what means were they transported to America? How did Scottish procedure differ from the system employed in England? Answers to these questions, besides shedding new light on the internal mechanics of transportation, should open a valuable window onto the Scottish criminal justice system.