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John C[anfield] Spencer to MVB, 26 February 1829


I received last night, from the deputy Secretary of State, a commission appointing me special attorney under the "act to provide for the employment of counsel for the purposes therein mentioned".

In accepting this appointment, I beg leave to say, that it is done with some reluctance and at much personal inconvenience; and that I am chiefly induced to undertake its duties, from my knowledge of the manner in which my name has been brought to the notice of your Excellency.

The act unto which the appointment is made, expires on the first day of May next. I have not yet had an opportunity to ascertain from Mr. Moseley the precise state of the prosecutions. But judging from his official report and from general information, I am persuaded it will be utterly impossible to bring the Indictments now pending, to a termination, before the period provided for the expiration of the act. Two indictments in this county have been put over to the General Sessions which is to be held on the 3rd Tuesday of May. I am very unwilling to commence under the act, and to be arrested at the very <illegible>. I therefore respectfully suggest to your Excellency, the propriety of recommending to the Legislature, the continuance of the act for at least one year.

Very respectfully

Your Excellany's obt Sevt

John C. Spencer

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Source: DLC Library of Congress
Collection: William Learned Marcy Papers (DLC)
Series: Series 5 (1 January 1825-3 March 1829)