Year: 1860




into the prisons. The State is under a moral
obligation to do all in its power to avert this
1t is also far better to expend the
public money in throwing moral restraints
around those children, and in training them up
to habits of industry, than to support them in
prison.


In every State where these institutions have
been established, they have proved eminently
and it is not doubted that one here,
where we have so large number of children
without parents or kindred, cannot fail to be ex-
tensively useful.


Upon the farm which has been selected these
juveniles can be supported as well as educated
at comparatively small expense to the
Treasury.


| concur in the recommendations of the Com
missioners, and most earnestly hope that they
may meet with the approval of the Legislature
and be carried into execution.


STATE PRISON.


The Directors of the Prison will no doubt
make detailed report of the affairs of this insti-
tuition. A few weeks after | came into office
Joint Committee was appointed by the Legisla-
ture to visit the prison and TO report upon its
condition. That report was made in due time,
and exhibited state of affairs which would dis
grace any civilized country. A special message
was addressed to the Legislature (4th February,
1859, inviting their immediate attention to the
subject. On the 26th of February following, an
Act was passed directing the Governor to pro



ton. had no doubt about the constitutionality
of the Act, although the Supreme Court eventu-
ally decided otherwise. After consultation with
the Sub-Lessee, and ascertaining that no force
would be necessary, proceeded to San Quentin,
and on the 1st of March took possession of the
prison and grounds, appointed officers, and pre-
scribed rules for its government


On the 26th of April ensuing the Legislature
associated the Lieutenant Governor and the Sec
retary of State with the Governor in the direc-
tion Of the prison. The Lieutenant Governor, AZ
Chief Warden, remained at the prison until the
first of January, 1859, giving his whole time and
attention to reformation of the abuses which
for series of years had existed. Justice to that
officer requires that should say that by his en-
ergy and practical business qualifications the in
stitution was placed upon as respectable foot
ing as the crowded condition of the prison
would allow. The prisoners were properly fed
and clothed, and by his rigid economy in every
department, many thousands of dollars were
saved to the State. For these valuable services
he ought to be paid, and it is hoped that sense
OF justice will prompt you TO make the necessary
appropriation.


The Directors in their last annual report, showed
that during the year the State had possession
the value of convict labor exceeded the expen-
ditures some twenty thousand dollars In the
meanwhile the Sub-Lessee, j. F. McCauley, insti-
tuted Il suit to recover possession of the prison,
and on the 18th May the State officers were
Ousteu- 4 sent III q SDeclal
message to your predecessors, under date of
18th April, 1859, in which | said


9 Il have made every effort in my power to
secure the passage of some law which would
settle the State Prison difficulties, but the Legis-
lature is about to adjourn without disposing of
this question, and under the decision of the
Supreme Court (unless reversed ON re-hearing),
the prison in q few days will again pass into the
hands of the Lessee, McCauley. In the mean
while the Governor, and some of his friends
who happened to be with him when he took
possession under the order of the last Legisla-
ture, will be harassed with lawsuits The sys-
TEN of leasing the convicts, and giving the con
troll of them TO private individuals, is as
obnoxious to the people as it is to me, and mast
earnestly invoke your honorable body TO take
the necessary steps to prevent this calamity.
To suffer that prison to fall again into the hands
OF lessees will, IN my opinion, be disgrace to
the State. We have already expended large
sum of money in an effort to break up this sys-
TEN, and | hope the good work will not be
abandoned"


On the 10th of April an Act was passed which
il was supposed would settle the whole prison
difficulty. In approving the Act, however, the
Governor said 4" 1t is proper to remark that
the State Prison Fund is only some eight thou
sand dollars, and without an additional appro-
priation the Act in regard to the prison. which |
have this day approved, will be wholly inopera-
tive" The Attorney General, for reasons which





any action under the bill. Believing that the
contract, if valid, had in all respects been
violated by the Sub-Lessee, eminent counsel
were employed and bill filed in the Court to
set it aside.


have no personal knowledge of the manner
in which the prison has been conducted since
Mr., McCauley, under the decision of the Court.
resumed possession The course pursued bv
the Governor under the order of the Leqisls-
ture, and the consequent litigation brought
down upon him the personal and vindictiye
hostility of the Sub Lessee and his adherents
ana therefore he could not with prOpriety visit
the institution. The large number of conyicts
who have escaped since McCauley resumed nos
session Will no doubt attract the attention of
the Legislature. During the administration of
the State officers, twenty-on convicts ESCAPED
This covered period of thirteen and half
months The number of escaped repo1ted dur
ing the three months subsequent to the takina
Of the prison by McCauley is sixty-nine, to say
nothing of those who had been killed BIZ the
guard.


The present Executive has done all in his
power to break up the infamous system of Civ
ing the control OF convicts to private individuals
but his efforts have proved unsuccessful There
are now some six hundred prisoners confined at
San Quentin, and it is well known that the ac
eommadatlons are sufficient for not more than
three hundred and fifty, Indeed with that num-
Der you must necessarily place some fifteen or
twenty III the same room. fearful RESPONSE
billty rests upon people who suffer such things
to exist. The insecurity of the prison con
tributes much towards the increase of crime
and it is believed that this is the chief reason
why SO many return upon new charges. In the
present state Of things it is impossible TO adopt
reformatory system. Nothing can be done for
the moral or intellectual Improvement of the
eonvicts 10 expect ii of a Sub Lessee, whose only
ann is to extract the largest amount of labor
from the convicts at the smallest expense would
be absurd 1t is a matter of little concern to
HIM whether the convict leaves the prison an
ignorant villain or an intelligent, honest man.


How far the Sub-Lessee has complied with his
contract IS Judicial question and must be de,
cided by the Courts 1t is desirable. however
that all doubts may be removed by the passage
OF an Act authorizing the Attorney General 10
use the name Of the State for the purpose of
testing the question which has been raised be-
tween the State and the Sub-Lessee


Great difficulty is experienced by discharged
convlcts IN obtaining employment They are
sent from the prison indifferently clad and with
means scarcely sufficient to reach San Francisco.
In that oily there is but limited demand for la
hos4 aud those who desire employees are not dis
posed to engage men who come directly from
the prison. In many cases the convict leaves in
impaired health and unable to work if he couId
find employment He has neither money nor
friends. What is to become of him? He has
made up his mind to lead an honest life Int he
cannot live ON resolves alone He must have
Iood' finding no one to sympathize with him.
no one to encourage and give him q morseI To-
eat, he comes to the conclusion that society is
aging an unrelenting warfare against him he
a 10 in ,r.l1