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Thus far, I have spoken in reference to convicts who hav been rec^d into our Penity prior to the removal to Ala. Your question may be pointed to those who have [since?] been convicted, and sent ^sentenced^ to the Penity since the building was destroyed, and you may desire to know whether they continue in the control of the Sheriff of their respective counties until temporary Pentiy goes into operations. On that there is a [correction?] in the law, as to the dispensation to be made of them—the act of 63 having made [provision?] only as to those in the Al^a. Penity at the date of its passage. The 3^d Sec speaks of those hereafter convicted being confined in Said Tempy Penty, but I do not think the Sheriff chargeable with their custody until that time, the county jails not having been [designated?] for their confinment. The [general?] law provides that the court passing sentence upon a party convicted of a Penity offence shall notify the Sup^t. of the each conviction, who shall, immediately on the recept of each motion dispatch an officer of the penity, with a sufficient guard, for such convict & convey him to the Penity. See Code [Jr?] 623 Art 313— ib 625, Art 321—

You might inquire "Whether the convicts in Al^a. can be employed out of the State, or as their removal to the Penity in Al^a. has been recognized by law—Can they be with drawn until the Tempo-rary Penity is established?

(over)