(1797) [STEWART to COUNCIL]
San Felipe, January 15, 1836
To the President and members of the Council'
Gentlemen.-Your commands requiring me to answer to the charges of "contumely and contempt" for your honorable body in non obedience to certain resolutions, I will endeavor to comply with. The construction which I have and am compelled to place upon the 16th article of the Organic Law admits no room for me to consider the existence of any other Provisional Government, than that created by the superior power of the convention; which, consisting of a governor and council, constituting a Provisional Government, were to exist until a re convention or the establishment of another government. Your honorable body, and his ExceJlency Henry Smith, thus created, it is my duty to regard, the one as the proper legislative body, the other as the only executive power. In my own capacity, created by the General Council, claimed by the Executive, and executing the duties of an officer of the General Council, it would be difficult to determine by whom I should be controlled, did not the nomination and appointment as secretary to the executive departemnt, and the duties defined in the law creating a treasury, secretary, &c., defining their duties, clearly place me subject to the Executive head, its immediate control. In reason and truth I have not much to alledge to absolve myself of the charges above referred to, of "contempt of the representatives in council of the sovereign people," and if possible to prevent the recurrence of them by such course as your honorable body may think best; and by granting me permission to tender my resignation. I have the honor to be, Charles 8. Stewart (1798] [VOLUNTEER to KERR] [A Resident Volunteer to James Kerr, January 15, 1836, replying to Kerr's address supporting the Mexican Constitution of 1824.]
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