as governor during that indisposition on the part of the governor lo act in the third article. the duties of the general council shall be lo advise ways and means, to advise and assist the governor in the discharge of his functions clearly shewing to my understanding that no act can he done by the governor without the advise of the council thereby shewing the absolute necessity of the council remaining in session during the pendency of our difficulties or untill the meeting of the convention in the same. 3d article, they shall pursue the most effective and energetic measures to rid the country of her enemies and to place her in hest possible state of defence - if any member from death or other casulaty shall.be incapacitated to act the governor shall immediately on information thereof notify the member elect lo fill vacancies and on his default any member who has been elected to their body from the same Jurisdiction - they shall have power and it is hereby made the duty of the governor and council, to treat with the several tribes of Indians concerning their land claims &c in the fourth article, the governor for the time being, and during the existance of the provisional government shall be clothed with full and ample executive powers, all of which gov. most clearly to prove that the governor cannot do a single act without the council is in session, again by the same article the govr is made commander in chief of the army and navy and of all the military forces of Texas (how I would ask) he shall have full power by himself, by and with the consent of the council shewing still more conclusively the necessity of the council being in session after a long list of instructions concludes (in the same article) and that the governor be clothed with all these and all other powers whkh may be thought necessary by the general council, shewing still more strongly the necessity of the council remaining in constant session as advisory to the governor. the tenth article, describes the oath which most certainly makes the Republican principles of the Mexican constitu- tion and the 16 article most unquestionably compels the Council to exist untill the Convention is called the 21st article clothes the Council with fuU legislative powers because previously the different duties consigned them and made their special duty to fulfil imbraces a complete code of civil & criminal laws & treaties with Indians. much may be said in the construction of the 11th article of the organic law, but to me it seems intirely clear that two thirds of the members composing the General Council can impeach and try any government officer. I have no doubt in the present case before you his excellency has become inabililated by his own act and of his own choice, by refusing to act in concert as was expressly
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