1

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