Your letter of the 16th instant to hand in reference to the assignment of convicts to the Elkin and Alleghany Railway, and the contention that the General Assembly did not appropriate more than 100 convicts to this road.

Your letter was forwarded to me from Sparta to this place, where I am in attendance upon a term of the Superior Court of Ashe County.

It is true the Act gives not more than 100 convicts, but our contention is that by a reasonable interpretation of that law it means 100 convicts on average. We have at no time had 100 men until the late assignment last winter and the average will be for a long time short of 100 on an average, and, therefore, we are not receiving more than allowed by law.

This is a great work, and as you know, our people are making an heroic effort to reach the top of the Blue Ridge and with the men we now have we hope to complete this work to the top of the mountain and to Sparta within a reasonable time. We have expended large sums to provide for the additional number of men recently assigned, and I trust that you will not cause any of these men to be removed until you give us an opportunity to present to you our contentions and construction of the statute.

Our people are profoundly grateful to you for your aid and friendship in our endeavor to do this great work

I will write you more fully when I return to my home.

Meanwhile with cordial good wishes, I am