The Quarterly of the Texas State Historical Association, Volume 14, July 1910 - April, 1911 Page: 69
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Reminiscences of Henry Smith.
that body, who usurped the authority to become his constitutional
triers. It is clearly evident however, that they possessed no such
authority, and it is only necessary to look at the condition in
which the Council and Governor have been placed, by this pro-
ceeding to perceive its utter incompatibility with the provisions
and the spirit of the organic law, and the plainest dictates of com-
mon sense, humanity and justice.
The resolutions at all events shews clearly by their passage by a
unanimous vote of the Council, that the Governor is considered by
that body guilty of an impeachable offence. As such it is spread
upon the Journals of the Council-published to the nation, and
to the World-made part of our enduring archives-and incorpo-
rated in the History of the age. The punishment of removal from
office and future disqualification does not it is true follow this de-
ci sion, because they were not the constitutional triers. But the
moral influence of a solemn declaration by the unanimous vote of
that body, that the accused is guilty of the offence charged upon
him, has been as effectually secured as if the like declaration had
been made upon an impeachment, expressed in the same terms
Whether the resolutions expressly alledge that the assumption of
power and authority, which they condemn, was intentional and
corrupt, is no answer to the preceding view of their character and
effect. The act thus condemned, necessarily implies volition and
design in the individual to whom it is imputed, and being unlaw-
ful in its character, the legal conclusion is, that it was prompted
by improper motives, and committed with an unlawful intent.
The charge is not of a mistake in the exercise of supposed powers,
but of the assumption of power not confered by the constitution
and laws, but in derrogation of both, and nothing is suggested to
excuse or palliate the turpitude of the act. In the absence of any
such excuse or palliation, there is only room for one inference, and
that is, that the intent was unlawful and corrupt. Besides the
resolutions not only contains no mitigating suggestion, but on the
contrary, it holds up the act complained of as justly obnoxious to
censure and reprobation: and thus as distinctly stamps it with
impurity of motive as if the strongest epithets had been used.
The judgement of Guilty, by one of the co-ordinate branches of the
Government; the stigma it would inflict on the offender, his family
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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/m1/77/: accessed April 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.