The Southwestern Historical Quarterly, Volume 42, July 1938 - April, 1939 Page: 33
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Analysis of Work of General Council, 1835-1836
In his first message to the Council the governor spoke of himself
as "the supreme Executive of the free and sovereign state of
Texas," and from that day tended to overemphasize his authority.
No clause in the organic law gave to the governor the veto power.
The Council, however, saw fit to extend to him that power, with
the provision that a veto could be overridden by a two-thirds
majority vote of the Council. Due to a very minor objection, the
governor vetoed the bill which gave him this power.4 His objec-
tion was reasonable and the Council sustained him. The second
measure passed by the Council was also vetoed. This ordinance
created several offices, and the governor thought that the salaries
specified were unduly high.5 His objections were again sustained
by the Council, and it was not until November 24, that an act
was passed over the veto.
In his message of November 24, the governor gave his reasons
for the veto of two measures passed by the Council. One of these
measures provided for the issuance of letters of marque and re-
prisal, and the creation of a navy. The Council, in this instance
accepted the recommendations of Smith. The second measure
authorized Thomas F. McKinney to negotiate a loan of $100,000
for the use of the government. This loan had been approved
by the Consultation, and the Council for the first time asserted
its right to negative an executive veto.6 This was thenceforth to
be the policy of the Council, for never again was a veto sustained.
During December Governor Smith vetoed four measures passed
by the Council, and one ordinance was vetoed in January. In
every case the measures were repassed by the Council, usually
by unanimous vote. Of the nine measures vetoed by the gov-
ernor, seven were introduced by Barrett, one by Perry and one
by Hanks. By the beginning of the new year the governor had
come to realize that his vetoes were of little use, and he then
saw fit to embark upon the disgraceful policy of receiving bills
from the Council and keeping them, refusing either to sign or
to veto them. It is certain that five ordinances were kept in this
way, and there may have been others.7
4Ibid., I, 574.
sIbid., I, 575.
6Ibid., I, 585, 587.
7Ibid., I, 1018, 1025, 1027, 1029, 1033.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 42, July 1938 - April, 1939, periodical, 1939; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101107/m1/41/: accessed October 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.