The Journal of the Senate During the ... Session of the Legislature of the State of California

REPLY OF J. M. ESTELL.

SAN FRANCISCO, May 16, 1855.

Governor BIGler:

SIR

I am in receipt of yours of yesterday, and in reply, have to say, that, ruined as I am pecuniarily, by a failure as I believe, on the part of the State, to carry out in good faith her obligations executed April 25, 1851, I shall offer no resistance to the enforcement of the law approved May 7, 1855, entitled "An Act to provide for the Government of the State Prison."

Yet having an abiding faith in the honor and integrity of the people and the institutions of my adopted State, I shall, at some future day, apply for reasonable remuneration.

With the understanding that I yield no rights to which I am entitled under the law, and believing the peace and quiet of community requires that something should be done, and that quickly, I am compelled, as a good citizen, to yield to the pressure of public necessity, and rely on the future for remuneration.

I am, very respectfully,

J. M. ESTELL,

Lessee State Prison.

GOV. BIGLER TO J. M. ESTELL.

SAN FRANCISCO, May 17, 1855.

GEN. J. M. ESTELL:

SIR

Your letter of the 16th inst., relinquishing the State Prison and State Prisoners, together with the contract entered into by you with the State of California in the year 1851, has just been received, and in reply, have the honor to inform you, that, in compliance with the provisions of an Act approved May 7. 1855, and the constitutional requirement to see the laws faithfully executed, I will, on behalf of the State, take passession of the State Prison, State Prisoners, and State Prison grounds owned by the State, on the first day of June, A. D.

1855.

I beg leave further to remark, in reply to your note, that although I differ with you in opinion, and maintain that the State has in good faith and in every respect performed her part of the contract, I do not conceive that I have the power to do more in the premises than take possession of the Prison, Prisoners, and Prison grounds, and manage the same in accordance with law, leaving you entirely free to act as you may hereafter determine in relation to the remuneration which you claim, and which you, in your letter, express a determination at some future day to demand from the State.

In short, so far as any just claim you may have against the State is concerned, it is proper to say that I do not regard the relinquishment of the State Prison contract on your part, or the assumption of the control of the Prison and Prisoners on the part of the State, as interfering in any manner with your right hereafter to ask for remuneration, or the right of the State to refuse to recognize and pay such claim when by you presented.

On the first day of June, being the day designated in the Act of May 7th, 1855, I will be iu attendance at the State Prison, prepared on behalf of the State to take control of the Prisoners, Prison and the Prison Grounds, owned by the State.

I have the honor to be,

Very respectfully,

Your obedient servant,

JOHN BIGLER.

COPY OF AN ARTICLE OF AGREEMENT MADE BETWEEN THE STATE PRISON DIRECTORS AND GEN. J. M. ESTELL, LESSEE OF STATE PRISON.

WHEREAS, by virtue of an Act of the Legislature of the State of California, passed April 25, A. D. 1851, the said State entered into a contract with James M. Estell, whereby the said Estell was and is bound to receive and safely keep the State convicts for the period of ten years from the date of said contract, and in consideration thereof, was and is entitled to the labor of said convicts for ten years. And, whereas, it is believed that that the interests of the State and the execution of the laws would be best subserved by a relinquishment on the part of said Lessee, of the convicts now in his charge, and the remaining portion of the unexpired contract, from aud after the date hereof,

Now, therefore, be it known, That the said James M. Estell, as Lessee of the State Prison, and R. N. Snowden, J. S. Love and Wm. H. Palmer, Directors, appointed under and by virtue of a law passed May 7, 1855, have this day entered into and executed the following agreement, viz:

The said James M. Estell agrees and hereby relinquishes to the said Directors,

acting on the part of of the State of California, the State convicts, buildings, lands, and appurtenances thereunto belonging, and the property of the State, together with the unexpired portion of his contract, and all right to the labor and service of said convicts from and after the date of these presents, and in so doing, relinquishes to the said Directors, in compliance with the provisions of the Act of May 7, 1855, all control over the convicts, grounds and buildings; and furthermore agrees and stipulates, that he will in no manner interfere with the Directors in the assumption of the contract and the full control of the convicts, or in the performance of their duties under the Act of May 7, 1855, from and after the signing and ensealing hereof, and that he will not hereafter seek to disturb the State in the custody of the convicts and prison grounds and buildings, obtained by said Lessee under the Act of April 25, 1851.

And it is furthermore agreed and understood, that in relinquishing the unexpired portion of the contract and the convicts, as above mentioned, the said Lessee relinquishes no legal or equitable claim he may have, or claim to have, against the State, for damages or relief in consequence of alleged failure or neglect on the part of the State to perform or fulfil the provisions of the contract of 1851, prior to the first day of June, 1855, or for any damages to which he may be justly entitled for injuries sustained or claimed to have been sustained in consequence of the Act of May 7, 1855; provided, however, that, as the said Directors have no authority other than to take possession of said convicts, prison grounds and prison, Junder the law, and disclaim all right or intention to take into consideration, or interfere in any manner with the claims of the said Lessee against the State, it is distinctly understood that nothing in this agreement. shall be so construed as to admit, recognize, deny or prejudice the validity of any such claim or claims.

[Signed by the Lessee and State Prison Directors.]

NAMES OF PRISONERS WHO HAVE ESCAPED.

No. of Commit

meut.