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On this point it is not very easy to research the provision of the act of '63. The 6th Sec. expressly provides that the Supt. with the approval of the Governor, "may employ any of the con-victs in or upon any of the State works carried on, in or out of the State & The 5th Sec. also authorizes their removal, in case of danger of invasion, In the Temporary Penity, "to some place of safety, & secure & employ them, when so removed in the manners &c". It does not in, [?] [?], confirm the removal within the limits of the State. Whilst the 2d Sec requires that said Temporary Penity shall be prepared "as speedily as possible for the reception" of the convicts—and the 4th Sec as explicitly [?] to the policy of bringing them—back ^to the State^ speedily, declares that as soon as said Tempy Penty is rea-dy for their occupation, the fact shall be made known by proclamation, & immediately thereupon—all parties sentenced to the Penity shall be re-moved thereto. In like manner, the 7th Sec. provides that as soon as said Tempy Penity is in readiness to receive them, the Supt shall bring back those confined in Ala & confine them in the Penty in this State. This provision only be reconciled, & the intention of the Legisla-ture effectuated by this writ of construction—viz—the Tempy Penty was to be organized as [speedily?] as possible ^and the convicts in Ala. brought back as soon as it was organized^ seeing that no one was [held?] for their safe custody there—that was the primary purpose—

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