The Southwestern Historical Quarterly, Volume 42, July 1938 - April, 1939 Page: 44
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Southwestern Historical Quarterly
public correspondence in his possession belonging to the executive
office. In case he refused to deliver the papers Robinson was to.
see that they were taken from him. On January 20, the advisory
committee gave Robinson similar instructions.36 Smith refused
to deliver his papers, so Robinson ordered Marshal Money to
obtain such assistance as necessary and take the papers. Money
approached twelve men in regard to the matter, and only three.
were willing to assist him,37 so Smith retained his papers.
C. B. Stewart, secretary to the executive, refused to abide by
the ruling of the Council, and continued to serve Henry Smith.
The Council found him guilty of contempt, and levied a fine of
$2,500 which was never collected. Stewart found conditions some-
what unpleasant, and finally resigned.38
The Council instructed Robinson to open all executive mail,
including letters addressed to Henry Smith with the exception of
those marked personal. In a short time this policy brought to
Robinson a letter from Smith. Smith informed Robinson that
he liked him, and should continue to do so "if your own acts
did not forbid it." The chief purpose of the letter was to con-
vince Robinson that he should not open mail addressed to Henry
Smith, governor, but it also contained statements concerning
other matters. One of these statements tends to bear out the
contention of the Council that Smith wished to be the "Supreme
Executive." Smith said, "I well knew I could not adjourn
your body regularly, without their consent, but I knew I could
take the responsibility, and cut off their correspondence. For
this I am amenable to my peers and not to your body,-they did
not make, nor can they break me.""39 Robinson seemed willing
to live without the friendship of the late governor, for he con-
tinued to open executive mail, even though addressed to Smith.
The Council no longer had a quorum, but the advisory commit-
tee encouraged the policy.4o
36Ibid., I, 800, 1048; Advisory Committee to the governor, January 20,
1836, Consultation Papers, Vol. I, Texas State Library.
37Robinson to Money, January 21, 1836; Money to Robinson, January 22,
1836, Consultation Papers, Vol. I, Texas State Library. Among those who
refused to aid Money were W. B. Travis and Moseley Baker.
38Gammel, Laws of Texas, I, 774, 787, 794, 801.
39Gulick, Lamar Papers, I, 298.
4oAdvisory Committee to the Governor, January 20, 1836, Consultation
Papers, Vol. I, Texas State Library.
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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/m1/52/: accessed July 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.