The Quarterly of the Texas State Historical Association, Volume 14, July 1910 - April, 1911 Page: 63
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Reminiscences of Henry Smith.
peachment, criminal prosecution, or suit at law, he is also account-
able at the bar of public opinion, for every act of his administra-
tion. Subject only to the restraints of Truth and Justice; the
free people of Texas have the undoubted right, as individuals, or
collectively, orally, or in writing, at such times and in such lan-
guage and form, as they may think proper, to discuss his official con-
duct, and to express and promulgate their opinions concerning it.
These are considered and believed to be the proper and only modes,
in which the Governor of the Provisional Govt. of Texas, is to be
held accountable for his official conduct.
Tested by these principles, the resolutions of the Council are
wholly unauthorised by the organic law, and in derrogation of its
entire spirit. They assume that the Council as a Department of
the Government may for the purposes of a public censure, create
excitement and breed disorganization and confusion for the pur-
poses of promoting vile injurious and vindictive party strife, and
promoting the injurious and unlawful views of individuals, to the
manifest injury of the public good. And by passing such public
censure, and by such unlawful injurious and disorganizing pro-
ceeding, vainly attempting to cover their own faithless and fraudu-
lent acts as will abundantly appear in certain specifications and
charges prefered against various members of that body, but by far
too prolix to be incorporated in this instrument. And as it will
evidently appear on a refference to the organic law that the Gov-
ernor is subject to no such responsibility; and in no part of that
instrument is any such power conferred on the Genl. Council.
The justice of these conclusions will be illustrated and confirmed
by a brief analysis of the powers of the Council, and a comparison
of their recent proceedings with those powers.
The functions assigned by the organic law to the Council are
in their nature either Legislative or Judicial. It is only in the
exercise of their judicial powers when sitting as a court for the
trial of impeachments, that the Council is expressly authorized and
necessarily required to consider, and decide, upon the conduct of
their own President, one of their own members, or other public
officer. And then by their proper Legislative action recommend
to the Governor by their condemnatory sentence a dismissal of the
individual from office. Whose duty it is in the regular discharge
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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/m1/71/: accessed November 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.