Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-11-19
THE LEASE OF THE PENITEN.
TIARY.
Special Message of the Governor.

| Assembly, Inc inspectors OF the state IT'S
| on have made contract with Thomas
! O'Conner, of Knoxville, and Robert F. Loo
ney, of Memphis, leasing to them the build
! ings, fixed machinery, and labor of the
State Prison, for the term of five years, at
$4,000 (thirty thousand dollars) per an
mum, payable quarterly. They have alse
sold to them the material and merchandise,
and transportation on hand, and herewith
transmit the special report Of the Inspectors,
with the written contract between them and
| the lessees.
heartily approve the contract. l do not
believe tbs State can work the convict labor
with profit.
The Inspectors consulted me about max
ing the lease, and l advised it. l procured
the Attorney General of the State TO exam
| inc the question and to draw the contract.
hope youmay sanction the action ofthe
Inspectors. Respectfully,
JOHN G. BROWN, Governor.
COMMUNICATION FROM THE INSPECTORS.
OFFICE OF BOARD OF INSPECTORS,
TENNESSEE STATE PENITENTIARY, NASH
VILE, Nov. II, 1S71.-To His Excellency
Gov. Jno. G. Brown-Dear Sir: By direction
of this Board, herewith transmit to your
Excellency, copy of contract just entered
! into with Messrs. Thos. O'Conner and r.
F. Looney, leasing to those parties the en-
tire Prison Labor, Buildings, Machinery,
etc, for term of five % years.
In explanation of the motives inducing
us to enter into this agreement, we would
respectfully state while our report, recently
| forwarded to your EXcellency, demonstrates
that the Prison is now in condition more
than self-sustaining; still we deem it the
| best interest of the State, when we take
| into consideration the many vicissitudes,
| changes and fluctuations in those marts
where we find sale for our manufactured arti-
cles and employment for our unskilled labor,
to accept the certainty of fair revenue to
the State, rather than hold TO present ar
rangements which, to say the least, must
necessarily be uncertain as TO their future
| results.
Under these circumstances, we would
respectfully ask the favorable attention of
your Excelleney to the terms of this con-
tract, for which we earnestly desire to OBJ
tain Executive and Legislative sanction
and endorsement.
Very respectfully your obedient servant,
J. d. NANCY, Sec.
THE CONTRACT.
Memorandum of an agreement entered
into on the 10th day of November, 1871,
! by and between T. A. Atchison, J. D.
Nancy and R. G. McNairy, of the city OF
Nashville, Inspectors of the Penitentiary Of
the State of Tennessee on behalf of the
! State of the one part, and of Thomas
O'Conner, of Knoxville, Tenn, Robert
F. Looney, of Memphis, Tenn, of the
other part.
Witnesseth that the said parties of the
| first part, acting in virtue of the power in
them vested by an act of the General As
sembly of said State, passed on the 9TH day
of February, 1870, CHI. SO, to which reference
is hereby had, have this day leased to the
parties Of the second part and do hereby
lease to the said parties for the term of five
years from and after the LIST day of Decem-
Der next after date hereof the peniten-
! tiary building, quarry, ground, fixtures, ma
! chinery, tools, implements, engines, patterns,
| ETC., and the free use thereof during the
| term aforesaid, together with the labor and
service of the convicts now in and belong
! ing TO the prison or under sentence for i'm
prisonment therein, and with all convicts
hereafter coming into said prison, but sub
.ject to the right Of pardon by the Governor
and without any liability to deduction on
the part of the State for escapes, sickness
or loss Of prisoners in any manner what
| ever.
Inventories and descriptive sched-
ules with values attached are
| to be made on delivery of the
| property, of all the engines, machinery,
! fixtures, tackle bands, tools, implements,
patterns, etc, furniture, safes desks, scales,
| elevators, showing the condition of each,
and the same or articles of the like descrip-
| ton and value, in either case, in as good
| condition and repair as when delivered are
to be redelivered at the end of the lease.
All the walls and buildings and perma-
nent erections of every kind in or about
| the prison or belonging thereto are to be
/ kept and maintained as a State prison in the
| condition in which they now are, and in re-
| pair at least equal to that in which they are
| delivered, and to be re-deliyered in that
! condition, and the State is not to be liable
| for any loss by fire or casualty, nor shall
| she be liable to replace any part thereof de-
| strOyed by fire or casualty, nor shall the
! lessees be so liable for any such loss Of
| building or permanent machinery without
blame on their part. The parties of the
| second part are to pay into the Treasury Of
| the State Of Tennessee GOO per annum,
| being the sum of seven thousand five hun
| bred dollars quarterly, in treasury notes Of
! the United States. On the first days of
March, June, September and December, in
each and every year during the continuance
Of said lease, said payments to commence
| on the first day of March, 1872, and ending
on the first day of December, 1876. They
are to purchase all the live stock, vehicles
and other property belonging to the prison,
also all supplies and material, at a cash val
uatiOn, all unfinished work and finished
| l.. e IND Of h. e
! ture, in the estimate of which the labor of
the convicts to be computed at 80 cents per
| day.
| On the sum to be paid for materials, sup
! plies, etc, the sum of $4,000 is to be paid
| down, $4,000 with interest from date is to
be paid on the first day of March, 1872, and
! the sum Of fifteen thousand dollars on the
| first day of June, 1872, the remainder on
! the first day of January, 1873. The last
| three payments to be secured by endorsed
! paper of undOHbted sOlyency and credit,
| negotiable in bank and to be approved by
| the first party.
All prison expenses of every kind, now
| by law chargeable upon the prison are TO
| be paid by the lessees, the parties of the
second part, excepting only the salaries of
Warden, Assistant Warden, Surgeon and
Chaplain.
They are to furnish all supplies, food,
| clothing, tobacco, medical supplies, and
| other OUTLAWS for the prisoners, promptly on
! the requisition of the Warden or Assistant
Warden. They are to take, carry out and
| fulfill all contracts and obligations for
which the Penitentiary is bound and are to
bear all the expenses thereof, and to have
all the profits and emolumeDts arising there
! from.
The convicts are to be governed, con-
trolled and disciplined by the Warden and
Assistant Warden and guards who are to
/ be appointed by the Warden, and to be
| subject to his orders and control, removable
at his discretion and answerable to him for
their conduct. The Warden shall be
charged with the duty now imposed upon
him, Of treating the prisoners with hui
mainly and kindness, protecting them from
harsh treatment or overwork, ana exacting
of them strict performance Of the service
and labor to which they are bound. The
number of guards to be regulated by the
| Warden or the State.
The parties Of the second part are per
| mitted to work the cOnvicts at anv place in