Early Governors' Papers

at Nashville.

I do therefore require and command you to deliver him to David Early, who is an agent appointed by the Executive of the state of Kentucky to receive and conduct him to that state.~

In testimony whereof I have hereunto set my hand and caused the Great Seal of the state of Tennessee to be affixed at Knoxville the 11th day of July 1803~ /signed/

Archibald Roane

By the Governor

W^m Maclin Secretary

Knoxville 4^th July 1803

Sir,

By last mail I received your Excellencys letter ^with the accompanying documents demanding the delivery of a certain Robert Wyley as a fugitive from justice together with the documents enclosed.

In compliance with the demand I have sent an order to the sheriff or a keeper of the Jail at [Nashville, Tenn.|Nashville]] to deliver the said Wyley to to David Early the agents by you appointment. The sheriff has also been directed to make out a Bill of the expense and forward it to you by M^r Early

I have the honor to be with respect Your [?]

Archibald Roane

His Excellency James Garrard

Knoxville 14^th July 1803

Sir,

Herewith Enclosed you will receive an Order to Deliver to David Early the Agent appointed by the Governor of Kentucky a certain Robert Wiley said to be now confined in the Jail at Nashville

You will please to take a receipt of the delivery from M^r Early of the delivery of the prisoner and also make out a Bill of the fees due on account of the arrest confinement &c of said Wiley and forward it by the agent to the Governor of Kentucky

I am sorry that M^r Early has been so long detained. The papers would have been sent by last post but the secretary was from home when the Mail arrived

I am [illegible] [illegible] with Esteem

Archibald Roane

John Boyd Esq^r Sheriff of Davidson

Frankfort 27^th June 1803.

Sir

In conformity with the provisions of an act of the congress of the united states, passed in the year 1793, entitled "an act respecting fug-gitives from justice and persons escaping from the service of their masters", I have transmitted to your Excellency an affidavit made before a magistrate of this state, charging a certain Ro-bert Wiley with felony and have certified the said affidavit to be authentic. Information has been communicated to me, and is indeed fully corroborated by the affidavit of M^r Early, that the said Robert Wiley, being a fugitive from the justice of this state, was apprehended in consequence of the charge exhibited against him by M^r Early, & committed to the district jail in Nashville.

It is therefore my request that he may be de-livered to David Early, whom I have appointed agent to receive and conduct him to this state, and that your Excellency will be pleased to con-sider this request as an official demand of the said Robert Wiley, as a fugitive from justice, under the authority of the before mentioned act of congress.

The deposition of David Early of Mason county in the state of Kentucky.

This deponent, being of lawful age, on his oath doth say, that on the 11^th. of March last a dark boy horse, with an intermixture of grey hairs, between 15 & 16 hand high, & having no brand was stolen from him, out of a pasture at May's lick in the county of Mason, - that on this 23^d of May following a certain John [Perinot?] Wiggin of Nashville in the State of Tennessee, passing through May's lick gave information that such a horse, together with one in the pos -ession of this said Wiggin, and which had likewise been stolen about the same time from Edm^d Martin, then in Nicholas county, had been publicly sold on a court day in May last at Nsahville by a certain Robert Wiley . - that in consequence of this information, this deponent immediately went to Nash-ville, found his horse, and applied for a warrant to take the said Wiley, that he went with the constable to take him, and that the said Wiley, on the instant that he saw this de-ponent, who had known him several years, darted from the spot where he stood, tppl immediately down the left near the tavern he was at in Nashville, and jumped into the river: that he was, however, overtaken by a canoe, which had put out after him, was apprehended and lodged in jail. - that this depo-nent on the same evening, saw a young man from Kentucky of the name of Ogden, who had been working for Wiley, and who informed him that he had been en-gaged by the said Wiley whilst in Kentucky, and had come with him to Nashville, - that on Saturday morn-ing the 12^th of March, the said Wiley came to the house of a brother of the said Ogden's in Nicholas county, about 12 miles from May's lick, with the two horses mentioned above, and a mare, - that Wiley then engaged the s^d Ogden, - that they started from hence on Sunday morning avoided the main road and kept through the woods two days, leaving Cynthianna and Georgetown to the left hand and shunning