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The Founding of a State Prison

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Shortly after California became a state of the Union, San Quentin was established as a site for a State Prison. The Gold Rush to California in 1849 and 1850 attracted people of all types. Some were fortune seekers, people of an adventurous nature, many respectable individuals, but often some of low, unsavory character. Naturally conflicts developed, and the heavy influx of people of all races, types and character resulted in actions taken without regard to law and order, or respect for the rights of others. Law enforcement was haphazard and Jails' were inadequate or non-existent.

As the state became organized and divided into counties and political subdivisions, county jails were established. But these soon became crowded and inadequate.

An old sailing ship called the WABAN was converted into a prison ship and anchored in the northern part of San Francisco bay, not far from Point San Quentin. The ship soon became overcrowded, and its isolated position made it difficult to keep the prisoners employed at useful work. Supplies for the ship were also a problem, particularly food and water.

On July 14, 1852, this ship was towed to Point San Quentin. An old legend says that during a heavy wind storm the ship dragged anchor and was tossed on the rocks at San Quentin Point, but we have not been able to confirm that legend. But it did arrive at the Point on Bastille Day, July 14, 1852.

A few days earlier the State of California had purchased from Benjamin Buckelew, twenty acres of land for the purpose of establishing a State Prison.

The state adopted a policy of leasing the prison to private operators under franchise, and the contractor took full responsibility of caring for, feeding and clothing the prisoners.

The contractor would "let out" the prisoners to do private work, and would collect fees for their services. The first such lease was made to James Madison Estell and General Mariano Guadalupe Vallejo in 1851 while the prisoners were still housed aboard the ship WABAN. The contract was for a ten year period. Early in the contract period General Vallejo sold his interest to Estell. This contract was in the most part unprofitable. The Contractor was primarily interested in a profit, and food, clothing and facilities cost money and were kept at a minimum. Escapes were many, and the contractors kept his staff of guards very low as he had to pay their salaries. End of Waban

Estell's reputation as an administrator was a hectic one. He instigated cruel practices and did not provide adequate security. In 1857 he sold his contract to John F. McCauley.

For a while, prior to McCauley, John McDougal, who had previously been governor of California, was in charge under Estell. During McCauley's reign, there was much dissent and the prison troubles caused great concern among the legislators at Sacramento, as well as the nearby residents of Marin County whose security was threatened. For a time, the prison was placed under the jurisdiction of the Lieutenant Governor of the State.

The State of California eventually abandoned the franchise system and took over the prison management in full, operating under the state budget.

Through the years there have naturally been many wardens in charge at San Quentin. The warden had quite a bit of autonomy and made many of the rules that governed the prison and the routine care of the prisoners. In later years, the direction was partly taken over by the Board of Prison Directors. But the Board's principal duties were to set the sentences that had been placed in the Indeterminate Sentence Class, and to grant paroles. The warden was primarily a custodian but was to plan and assign work for the inmates. Rehabilitation was not in the plan, but the concept of punishment was always in evidence. The warden controlled the employee personnel of the prison and had the right to hire and fire.

Wardens were appointed by the Governor, and a change in regime at Sacramento usually meant a new warden. The job was attractive and usually given by the Governor to a loyal supporter. Hale was succeeded by Martin Augirre, a man of Spanish-Mexican decent, who was appointed by Governor Gage. Augirre's regime was a turbulent one and he was noted for cruel disciplinary actions.

Other wardens were John W. Tompkins, who had been Chief of Police in Oakland, and there was John Hoyle, John C. Edgar and James Johnson. Johnson later became the warden at Alcatraz. Hoyle was a popular warden and was responsible for some humanitarian reforms. Hoyle was a hotel man and when he left San Quentin he operated a hotel in San Francisco. Return to Wardens

Author; William J. Duffy, Jr.

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Last Revision March 2001

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