The Quarterly of the Texas State Historical Association, Volume 14, July 1910 - April, 1911 Page: 61

Reminiscences of Henry Smith.

prescribed, requiring the Governor, as a special duty, so far as in
him lies, to protect and keep inviolate the constitution, or organic
law, which would indeed, have resulted from the very nature of his
office, but by expressing it in the official oath, or affirmation, shews
the importance which the framers of that instrument attached to
it by giving it a peculiar solemnity and force. Bound to the per-
formance of this duty by the oath I have taken, by the strongest
obligations of gratitude to the Texian people, and by the ties which
unite my every earthly interest, with the welfare and prosperity of
my country; and perfectly convinced that the publication of the
correspondence, and passage of the resolutions were not only a breach
of faith, but unwarranted and entirely unauthorized by the or-
ganic law, and in many respects repugnant to its provisions, and
subversive of the rights secured by it to other co-ordinate Depart-
ments. I deem it an imperitive duty to maintain the supremacy
of that secred instrument, and the immunities of the Depart-
ment intrusted to my care, by all means consistent with my own
lawful powers, with the rights of others, and with the genius of
Republican institutions. To this end I have caused this my solemn
Protest against the aforesaid proceedings to be recorded in the
Executive office, and now tender it to the Honorable the President
and representatives of the people of Texas in General Convention
assembled, with a request that by an act of their body they order it
to be enrolled and entered on the Journals of the General Council
of Texas.
It is alike due to the subject, to the Convention, to the Council,
and to the people of Texas generally, that the views which I have
taken of the proceedings refered to, and which compell me to re-
gard them in the light in which I do, should be exhibited at length,
and with the freedom and firmness which are required by an occur-
rence so peculiar so dangerous and unprecedented.
Under the law creating a provisional Government for Texas,
the powers and functions of the several Departments of the Govt.
and their responsibilities for violation or neglect of duty are clearly
defined or result by necessary inference.
The Legislative power, subject to the qualified negative of the
Governor, is vested in the General Council composed of one mem-
ber from each Jurisdiction of Texas requiring two thirds of the