[2350) [EVERITT to BURNET]
Washington March 17th 1836
To His Excellency David G. Burnet President of the Republic of Texas Sir
In conformity with the 14th Art. of the Organic Law, adopted by the Consultation of all Texas in November 1835, I was appointed a Commissioner with two others. Commissioners for the purpose (as therein expressed) of closing the land offices, and taking in charge the documents belonging to the land offices of the Department of Nacogdoches. In conformity with my orders, I repaired to Nacogdoches and arrived there on the 27th November last, but no other Commissioner having arrived there and not being empowered to take charge of the documents individually, I reported to Government and asked further instructions. They replied (the Council and Governor) to me and sent a commission for John Forbes, making it necessary for only two to be present to act. Mr. Forbes, being the then acting first Judge did not think it would be proper for him to act in the capacity of Judge and Commissioner at the same time, but advised me to close the offices. I therefore issued orders to the Commissioners of the several Land Offices, signed by my own name, as Commissioner, requesting them to suspend their operations for the lime being and to hold their Documents and Books subject to the order of the Government of Texas. I have to inform you that the Honl. George W. Smyth promptly closed his office, and the documents &c connected with his office are at your disposal, in his hands,- Mr. C. S. Taylor refused to close his office and has, as I have been , credibly informed, issued many titles since the order was referred to him.- Mr. George A. Nixon has closed his office and has left the Country. I respectfully suggest lo your Excellency the propriety of having the papers and documents attached to his office, forthwith secured, as they are truly important to the settlers of our Country. Mr. R. Berry refused to obey the order issued lo him, saying that he was a Constitutional officer and that
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