The Quarterly of the Texas State Historical Association, Volume 14, July 1910 - April, 1911 Page: 62
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62 Texas Historical Association Quarterly.
whole number elect to form a quorum competent to pass any ordi-
nance or resolution. The Executive power is vested exclusively in
the Governor, except that in the conclusion of treaties and in ap-
pointments to office he is to act with the advice and consent of the
Council, and holding also the commissioning power exclusively, I
deem he has the right to except to appointments made by the Genl
Council holding in all cases a qualified negative on their acts. He
is also made commander in chief of the army and Navy. The
judicial branch of the Govt. under the present provisional organ-
ization is but nominal. The Commander in Chief of the army
having originated from the same source, with some qualifications,
forms a coordinate branch also of the provisional Govt. And as
it respects the impeachment of the Govr. under the existing organ-
ization, I consider the General Council as possessing the accusatory
power by preferring specifications and charges, and the representa-
tives of the people in Convention assembled, the legitimate triers.
But although for the special purposes which have been mentioned,
there is an occasional intermixture of the powers of the different
Departments, yet with these exceptions, each of the three Depart-
ments is independent of the others in its sphere of action; and
when it deviates from that sphere, is not responsible to the others,
further than it is expressly made so by the Constitution, or organic
law. In every other respect each of them is the coequal of the
other two, and all are the servants of the Texian people, without
power or fight to control or censure each other in the service of
their common superior, save only in the manner and to the degree
which that superior has prescribed.
The responsibilities of the Governor are numerous and weighty.
He is liable to impeachment for high crimes and misdemeanors,
and on due conviction subject to removal from office, and perpet-
ual disqualification; for as the law now stands his punishment is
not clearly defined, and must be drawn from inference or subject
alone to the decision of his triers. And notwithstanding such con-
viction, he may be endicted and punished according to law. He
is also liable to the private action of any party who may have been
injured by his illegal mandates or instructions, in the same man-
ner and to the same extent as the humblest functionary. In ad-
dition to the responsibilities which may thus be enforced by im-
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Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 14, July 1910 - April, 1911, periodical, 1911; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101054/m1/70/: accessed July 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.