The Quarterly of the Texas State Historical Association, Volume 14, July 1910 - April, 1911 Page: 64
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Texas Historical Association Quarterly.
of his Executive functions to carry into effect, as will clearly appear
in the 11th article of the organic law But to do this they must
have a constitutional quorum of their body present. To dismiss
their President, one of their own body or other public functionary,
their constitutional right to do so, is cheerfully conceded. But to
declare the Executive office vacant, without the casualties having
happened, contemplated by law, deposing or attempting to depose
the legitimate Governor as expressed in said Resolutions, is on
the part of the Council clearly an outrage unauthorised by the or-
ganic law, which they were solemnly sworn to support.
The whole phraseology and sense of the preamble and resolu-
tions seem to be judicial. Their only essence, true character, and
only practical effect, are to be found in the conduct which they
charge upon the Governor, and the judgment which they pronounce
on that conduct. But nowhere do they set forth the reasons which
induced the Message from the Executive Department addressed to
a secret session, that called forth from the Council those resolu-
tions. The message refered to I am willing to admit, was couched
in language uncourteous and severe, repulsive in its character, and
keen and pointed in its remarks, but was not more so than I deemed
the occasion required, as will be clearly manifested by a refference
to the specifications and charges before alluded to. And in as
much as the members of the Council was acting as public func-
tionaries, I was bound to presume would by their oaths, be com-
pelled, to act in good faith, I had no right to expect that document
would ever meet the public eye. It will be found on examination of
the organic law, that the Council were limited, both in their powers
and duties. In the 3rd article of that law their powers and duties
are clearly defined, which reads' as follows. "The duties-of the
Genl. Council shall be to devise ways and means, to advise and
assist the Governor in the discharge of his functions." Acting in
their Legislative capacity as the divisers of ways and means, the
Governor does, clearly, by law, hold a qualified negative over all
their legislative action, and none of their acts can become laws, or
valid, without his concurrence or approval. It is evident and
clear, that no legislative action on the part of the Council could
remove the Governor from office, or lawfully interfear or conflict
with him in the discharge of his Executive functions. The Coun-
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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/m1/72/: accessed May 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.