The Southwestern Historical Quarterly, Volume 42, July 1938 - April, 1939 Page: 42

Southwestern Historical Quarterly

All these acts of stubbornness and perverseness, were not
sufficient to gratify his thirst for the sole dominion and
arbitrary sway of the land. His dignity was insulted at the
idea of the existence of the coordinate branch of the Gov-
ernment, to curb his acts and check his usurpation. He be-
came more and more restless, until enraged at the presump-
tion of the Council, in the exercise of a constitutional right,
and in conformity with the true interests of the country, to
pass an ordinance and decree by a constitutional majority,
after it had been vetoed by 'his Excellency,' he ignites; his
fury in a blaze, consumes his prudence, (what he had) he
orders the Council to disperse, shuts the doors of communi-
cation between the two departments, and proclaims himself
the Government.31
The address was adopted unanimously, and was signed by the
eleven members of the Council who were present. In view of
Governor Smith's contention that only three members of the
Council were corrupt, it is of particular interest to note that all
steps toward his removal were taken by unanimous vote.
The articles of impeachment were to be published with the
address to the people. There were four of these articles, and
Smith was given the privilege of answering them either before
the Council or before the Convention when it met. It was but
natural for him to choose to plead his case before the Convention.
Briefly, the articles charged the governor with violation of the
principles of the Mexican Constitution of 1824, and the organic
law of the provisional government; with failure to support the
Declaration of November 7; with "official perjury"; and with
slandering and libelling members of the General Council. The
four articles of impeachment listed seventeen specific acts of the
governor, all of which were said to be, contrary to the organic
law, and any one of which was, according to the Council, suffi-
cient cause for impeachment.32
In the rush of events the Council neglected to appoint managers
to prosecute Smith before the Convention. This matter was later
taken care of by the advisory committee, which suggested to
Robinson that he appoint J. D. Clements and Alexander Thom-
son to manage the case for the Council, and this was done. The
managers were to have authority to employ one or more legal
3lIbid., I, 766.
32Ibid., I, 768-772.