The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899 Page: 42
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42 Texas Historical Association Quarterly.
"2nd. Resolved, That said Government shall consist of a chief
executive officer, to be styled the President of the Republic of
Texas; a Vice-President, Secretary of State, Secretary of War, Sec-
retary 'of the Navy, Secretary of the Treasury, and Attorney Gen-
eral, whose 'salaries shall be fixed and determined by the first 'Con-
gress of the Republic.
"3rd. Resolved, That all questions touching the powers hereby
confided to these officers shall (be decided by a majority of said
"4th. Resolved, That the President be 'elected by this conven-
tion; and that the candidate or the individual having the majority
,of the whole number of votes given in, shall be, and is hereby, de-
clared to be duly elected.
"5th. Resolved, That the Vice-President, the 'aforesaid Secre-
taries 'and 'the Attorney General be elected by this 'Convention, a ma-
jority of 'the whole number of votes being requisite to ,a choice.
"6th. Resolved, That the members of this body vote for the
above named officers 'viva voce.' "
'The government thus inaugurated was not state but national,
embodying all the attributes of sovereignty. Actual hostilities
were then going on, and naturally more attention was given to the
executive department, than to either the legislative or judicial. The
only reference to either of the latter in the ordinance is to deny
to the Government ad interim the power to exercise their respec-
tive functions. The change in the government growing out of the
substitution 'of national for state sovereignty was fully recognized
in the constitution of the Republic; but no, provision conform-
ing the existing judiciary to such change was made in the execu-
tive ordinance for the Government ad interim, and President
Burnet and his cabinet found themselves without courts 'author-
ized to deal with national or international matters. Several vessels
were captured, and it became -a very practical 'and perplexing ques-
tion as to who should 'deal with 'these prizes, and determine the
questions ,of maritime 'and international law arising. The difficulty,
and the steps taken to meet it, are given quite graphically in the
first message of President Burnet to the First Congress of the Re-
public, October 4, 1836,12 as follows:
1, Journal House of Representatives of First Congress, pp. 17 and 18.
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Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899, periodical, 1898/1899; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101011/m1/46/: accessed December 14, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.