(1623] [SMITH to COUNCIL]
San Felipe, December 26, 1835
To the General Council:
Gentlemen.-! transmit to your body a transcript made from a communication just received from John Forbes of Nacogdoches. A part of the communication being of a private character, precludes its introduction. Mr. Forbes encloses back a commission which had been previously sent to him, which I herewith transmit to you with these remarks, as a reason why it was returned. That he had previously received the appointment of first judge of that municipality, and in obedience to an ordinance and decree regulating ordinances under this government, he felt bound to decline the acceptance of the last commission and returned it with these remarks. An furthermore says that "owing to the combined and active opposition of some six or eight speculators, sustained by individuals from the States, who employ them to engross the lands that are properly the public domain, that the intentions of the government and its acts relating to the public land, and even its judicial acts, have been delayed and interupted greatly to the injury of the public." He says: "I should be happy to receive from the council some rules for my government as judge, the duties of which I shall endeavor faithfully to discharge." He further says: "I am solicitous to hear whether the two per cent. duties, which have heretofore been laid for the use of the States, is yet in force." Your honorable body will plainly see from the foregoing, the situation of the land office in the east, and that the acts of the convention have not been carried into effect; nor does it appear that it can be, short of a military force; and whether such a course would be calculated ·to produce any salutary effect, is for your honorable body to determine. That some kind of effort should be made by us to sustain and protect the public interest, must be obvious to all. While we are contending with a powerful foe, even for our very existence, that we should find men among us capable of committing piracies both on sea and land is, I must admit,
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