Early Governors' Papers

make a worthy & usefull [sic] member of your society - give him good advice & treat him as my friend. he will be yours: & I trust you will have pleasure in finding him gratefull [sic] for your attentions - if he should settle in the neighbourhood of Blount - Cocke - White - or stockley Donaldson be so good as to request their attentions to him which will oblige

Your friend

J. Parker

Gov^r Sevier

Knoxville 16t^th August 1803

Sir,

As it appears that my letter of 4^th April in answer to yours of 14^th January last has miscarried not reached you I herewith enclose a copy. By last mail I was honored with your's of 22^d July again repeating the demand for the apprehension and delivery of Stockley Donelson.

I hope you will do me the Justice to believe that I am equally disposed with yourself to aid in detecting and bringing to Justice any persons who may have committed those or any similar frauds in the Land Offices. It is a point subject in which the citizens of both states are interested ^and the baneful effects have been more felt here then in your state. But even if that was not the case the obligation I am under to ^aid in the execution of the laws would impell me to do whatever they enjoin

The act of Congress respecting fugitives from justice has pointed out the evidences of criminality necessary to be produced to the Executive authority of the state, from which the fugitive is demanded. A resolution of the legis lature of the state making the demand is not recognized and cannot be considered as any foundation for such demand A bill of Indictment to which a Nolle prosequi has been entered by the proper office appears to me not only to be no proper foundation for a demand, but rather conclusive evidence that if a demand be made on that ground it ought not to be complied with. Certainly the evidence of Criminality ought to be such as would Justify an arrest in the state where the offence is committed. And if a resolution of the Legislature or a Bill of Indictment to which a Nolle prosequi has been entered, would not justify an proofs to arrest in North Carolina, the legislature cannot expect