The Laws of Texas, 1822-1897 Volume 1 Page: 769
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Proceedings of the General Council.
221
49 —VOL. T.
( 769)
CHARGE SECOND.
Specification 1st. That the said Henry Smith, as Provisional Gov-
ernor aforesaid, has neglected and refused to co-operate with the Mexi-
can citizens opposed to centralism, and endeavored to prevent the Gen-
eral Council from sending support and assistance to members of the'
Mexican Republic, as especially extended in the second article of No-
vember seventh, 1835.
First—By throwing difficulties and obstacles in the way of Colonel
Gonzales, and the party under his command, who late in the month of
November, asked the support and assistance of the Provisional Govern-
ment, which was extended to him by the General Council; the said Henry
Smith, Provisional Governor as aforesaid, opposing the Council in the
measure, and intriguing and managing with the citizens to render this
act of the General Council obnoxious, and by writing to the officer in
command of the Colonial troops, that he had no faith in him, (Colonel
CHARGE FIRST.
For violating the Republican Principles, &c.
Specification 1st. For assuming a high and dictatorial tone in his
first message, addressed to the General Council, dated at San Felipe, No-
vember 16th, 1835, and in the first sentence of said message, the said Pro-
visional Governor declared himself the Supreme Executive of the free
and sovereign state of Texas, contrary to the Republican principles of
the Federal Constitution of Mexico of 1824.
Spec. 2d. That the said Henry Smith, Provisional Governor as afore-
said, did on or before the 17th day of December, ultimo, without the ad-
vice or consent of the General Council, direct the commanding General
of the regular army of Texas, to issue orders to James Bowie, to arrange
and conduct an expedition against Matamoras at the public expense, said
Bowie not being an officer of the Government nor army, as proven by
exhibit, number one, given as a part of this specification.
Spec. 3d. For attempting to prorogue or dissolve the General Council,
contrary to the 110th article, under the fourth section of the Federal
Constitution of Mexico, and declaring his intention to assume all the
functions and powers of the Provisional Government, and to control the
destinies of the good people of Texas, by forcible dispersion of their
Representatives in General Council assembled, as shewn by the general
tenor of a communication made to said Council, dated the'ninth day of
January, instant, and by oral declarations to that effect.
especially the second article as adopted by the said Convention, Novem-
ber the seventh, 1835.
3d. For official perjury, in infringing and violating the organic law
of the Provisional Government of Texas.
4th.. .For slanders and libels upon the General Council as a body, and
upon the members thereof individually, and contempt of its powers and
authority, and attempting to dissolve the Government, and assume dicta-
torial powers over the good citizens of Texas, and by inconsistency, mis-
representation, and other official misconduct, has produced confusion and
aimed at general disorganization.
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5872/m1/777/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .