communications between the executive and general council should cease. By reference to the first four articles or the organic law, the inseparable, conjunct, and co-operative character of the provisional government will obviously show that Henry Smith, by this act became "defunclus officio," or disable from holding office; & had not the general council resorted lo the next officer, provided in such case, to perform the executive functions, the provisional government would have been annulled. The general council at once declared Henry Smith suspended for other acts of high misdemea- nor against the government and people, and prefered charges and specifications against him, agreeably to the eleventh section of the organic law, which were delivered to him, and to which he pleaded, and summoned witnesses lo appear, on the first day of March next, al his trial before the general convention: by which last act alone, by all common and legal usage in republics, his executive powers were suspended. Thus to every unprejudiced mind, is the inability of Henry Smith to• act as governor, clearly proven: first by his own act, in attempting lo dissolve the government, by interdicting communications between the executive and general counc.il; se- condly by the act of suspension on the part of the council, and thirdly by his own act, in taking issue upon the charges proferred against him, appointing his time and place of trial, summoning witnesses. After all these facts, still does Henry Smith pretend lo call himself the governor of Texas; and conscious of the baseness of his own conduct and the certainity that he cannot be sustained, where the truth of his conduct is known, he daily thrcatento arrest the representatives of a free people, and remove them to a remote frontier garrison, to be tried by the rules of maria! law, by inferior officers created by the general council itself. What auxiliaries are combined with him in this intention against the government, it is impossible to say, nor does it matter: for the fierce indignation of a free people will hurl to destruction all plotters of treason, whether headed by governor, commanding general, or other individuals of the community. The following papers, 38 emanating from Henry Smith, are given without further comment.
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D. C. Barrett, Chairman J. D. Clements Alex. Thompson G. A. Pattillo John McMullen
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