It is difficult to say now, whether the formal adoption by Par liament of the "separate plan" at this date, anticipating by many years its world-wide adoption under American influences, would have taken place, but for the political necessity which arose for keeping British prisoners at home. The loss of the American col onies had closed the field for the deportation of the criminal classes—a policy of riddance easy of execution, which for a long time past had prevented serious consideration of the problem in volved in the safe custody in English prisons of dangerous persons convicted of the m,ore serious crimes ; but the disclosures made as to the condition of treatment of all classes committed to local gaols, even those awaiting trial, and debtors, and young persons of both sexes, rendered it imperative that some formal prescrip tion should be asserted by the Government.
But the principle, though laid down by statute, was not enforced, with a few notable exceptions. The justices, who then controlled the prisons of the country, paid small attention; but the justices of Sussex and Gloucester by building the local prisons of Horsham, Petworth and Gloucester on the "separate" plan furnish an inter esting historical record of the formal adoption in this country of the new system, which was destined, though many years later, to become the sine qua non of all civilized prison systems.
Although historically the British prison system may be said to date from the Prison Act of 1778, a long dismal history of ill-con sidered administration was destined to intervene before the prin ciples of penal science, as now understood, obtained concrete ex pression. It is probable that the re-discovery of Australia by Cap tain Cook in 177o was the circumstance which determined the prison history of Britain for nearly 5o years. The easy methods and means of transportation which this great colony afforded, re lieved parliament of the necessity of devising any new and wise methods for the punishment of crime at home.
In the meantime, in the early years of the 19th century, the declaration of parliament in favour of the "separate" or cellular system, had not been entirely lost sight of, and the best known plan is associated with the name of Jeremy Bentham. Previous
to this, following on the Declaration of the Rights of Man in 1789, "imprisonment" had been formally installed, largely under the influence of Mirabeau, as the method for the expiation of an offence against the law in the French code of 1791.
Bentham's scheme known as the "panopticon" was based on Cellular separation and hard labour, safe custody and diligence being guaranteed by close observation from a central standpoint. Although his professed desire to "grind rogues honest" has become proverbial, it was also a part of his plan to educate and classify and to make provision for discharge. He also laid great stress on the necessity of preventing crime by discovering and combating its causes. In this respect he was the founder of the modern school of "prevention." His writings exercised a considerable influence in France, where the jurists were busy preparing the penal code of the First Empire, and in Great Britain led indirectly to the pur chase of lands by the Government for the erection of Millbank penitentiary, begun in 1813 and completed 1823. This was an im portant step forward, for though built for convicts only, it marked the acceptance by parliament of the principle that the reformation of prisoners could best be secured by seclusion, employment and instruction.
To this end were labouring through these years a band of ear nest and devoted workers, the "Prison Discipline Society," on whom the mantle of Howard had fallen, and who were determined that his work for the cleansing and purifying of gaols and houses of correction should not perish. These gaols were described by this society in 1812 "as relapsing into their former horrid state of privation, filthiness, cruelty and neglect." In London itself within easy reach of the new and much vaunted Millbank peni tentiary, the chief prison of the City, Newgate, was in a disgrace ful state. It was here that Elizabeth Fry entered upon her noble work. By her amazing courage and personality she transformed what was formerly described as a "hell above ground" to a scene, where in words of an eye witness "perfect stillness and propriety reigned." Her great success and example gave a stimulus to the movement of prison reform both at home and abroad. The Prison Discipline Society redoubled its efforts in the face of considerable criticism and opposition, for in those days, as sometimes now, the assertion of ordinary principles of humanity in dealing with captives and prisoners was sneered at as false sentiment.