The Southwestern Historical Quarterly, Volume 42, July 1938 - April, 1939 Page: 43
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Analysis of Work of General Council, 1835-1836
advisors, who were to receive not more than $900 for their serv-
ices.33 Clements and Thomson promptly prepared three addi-
tional articles of impeachment, which had to do with the activities
of the governor after he was suspended. The first of these articles
charged the governor with libelling the volunteer army and the
General Council, a charge which grew out of letters written by
Smith to Colonel William Ward and Colonel W. G. Hill. By
the second article he was charged with the embezzlement of public
funds, as he had received a draft for $5,000 from H. K. W. Hill
of Nashville, Tennessee, for use by the Provisional Government,
and had not deposited it with the treasurer. Finally, he was
charged with treasonable practices against the government and
people of Texas."4 A copy of these charges was delivered to Smith
by John H. Money, marshal of Texas. The Convention paid no
attention to this squabble, and Smith was never called upon to
plead to. any of the charges.
The Council, having announced to the public that Smith was
no longer governor, took steps to see that he no longer performed
the executive functions. All officers of the government were
notified of the removal of Smith and the inauguration of Rob-
inson, and January 13, the public printers were instructed to
accept no more official printing from Smith.36 A resolution of
January 17, required Smith to deliver all papers, records and
33Advisory Committee to the Governor, February 10, 1836, Consultation
Papers, Vol. I, Texas State Library.
"The advisory Committee to the Executive appointed by the General
Council to act in that capacity in the absence of a quorum of the Council,
are informed that the General Council while having a quorum neglected
to appoint a committee for conducting the prosecution against Henry Smith
late Governor of the Provisional Government on his trial before the next
General Convention upon charges prefered against him by the said Gen-
eral Council, an act which ought to have been done and which now can only
be done by the acting Executive. The committee therefore advises the
acting Governor to appoint two persons for conducting the prosecution
against Henry Smith upon the charges aforesaid, who shall have power
to employ one or more legal advisers to assist them in preparing and
managing said prosecution to its close, always giving preference to a
member or members of the General Council where talents and qualifications
are equal. The committee also advises that the acting Executive and Com-
mittee of finance make an appropriation and draw for nine hundred Dollars
for defraying the expense of such assistance as may be employed-and the
committee advises that Alexander Thompson and J. D. Clements be ap-
pointed to conduct the prosecution in the foregoing case."
34Articles of Impeachment, February 11, 1836, Consultation Papers,
Vol. I, Texas State Library.
35Gammel, Laws of Temas, I, 775.
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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/m1/51/: accessed July 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.