The Quarterly of the Texas State Historical Association, Volume 14, July 1910 - April, 1911 Page: 65
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Reminiscences of Henry Smith. 15
cil, by inference or construction of law, under Republican princi-
ples, I am willing to admit, should possess the accusatory power,
and as such, I have acknowledged the receipt of the specifications
and charges which they have prefered against me; but the people
of Texas, by their representatives in General Convention assem-
bled, and from whom I emanated, I recognize as my peers, and
legitimate triers; and to whatever decision they may think proper
to make, I bow in humble submission. "To advise and assist the
Governor in the discharge of his functions." In what way advise
and assist the Governor in the discharge of his functions? Clearly
by their legislative action, by placing the means at his disposition
to aid and assist him in the constitutional discharge of his Exec-
utive functions, as the exigencies of the country might require.
It will be discovered on a perusal of the 3rd article of the organic
law, as alluded to, that the Governor and Council, as co-ordinate
branches of the provisional Govt. cooperate together for the pro-
tection of the public good. The Governor possessing the right of
veto, on all of their legislative action. But in no part. of that ar-
ticle, which prescribes the duties of the Council, will it appear
that the Governor was bound to advise with them, without he
thought proper. It will no where be found in the organic law,
.that they were otherwise, than by legislative action, made his con-
trollers-that they were not made by law his Constitutional ad-
visers, without whose consent, he could not act; but each depart-
ment bound to discharge their own duties, with the qualification
before alluded to, each independent of the other, as before stated.
Each could recommend to the other, the passage or adoption of
measures; but possessed no compulsory powers except such as are
defined in the organic law The duties of the Council, as will ap-
pear on an examination of the said article, defining them, shews
that they were limited and confined to certain objects, that the
bounds were set, over which they were not permitted to nas--
that Lheir continued presence in the Council Hall is no where
rendered necessary-that after performing all the essential duties
designated in the law which created them, an adjournment of that
body, by the supreme Executive authority, who by that notice or
adjournment, acknowledges that for the present, he needs neither,
their legislative action, or assistance as counselors, renders such
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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/m1/73/: accessed April 26, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.