When was the consultation of 1835

The delegates abolished Mexican political titles and positions such as political chief. Otherwise, the Organic Law reflected a spirit of balance and hesitation. It established an executive along with a general council, made up of a representative from each municipality chosen by his delegation, to assist the governor. Its members had no legislative authority unless "in their opinion the emergency of the country requires" it, and could levy import duties but no other taxes.

The governor was to have "full and ample" executive authority, including being head of the military forces, and could be given additional powers that the council thought necessary. The Organic Law also provided for judiciary and treasury departments.

Structurally the Organic Law suffered from an unsound political concept in that the governor and council shared many of the same powers on the assumption that they would work together. The delegates chose the disputatious Smith as governor over Austin by 30 to The Consultation displayed a deferential attitude toward the army in the field.

It designed a land policy to reassure the soldiers who feared that while they sacrificed, the speculators would carry off the spoils.

In three separate articles the Organic Law nullified the "fraudulent" grants made by the last state legislature, reaffirmed the benefits of earlier emigration policies to citizens who had not yet received their land, and ended all transactions for the duration of the war. The Consultation also provided for land grants of unspecified amounts for each volunteer. The Wharton-Smith faction pushed for a regular army, disciplined by conventional military rules and subject to oversight by the civil government.

The Consultation on November 13 passed both the Organic Law and a measure concerning the military. It provided for militia organization but also established a regular army with two-year enlistments and United States Army regulations; Sam Houston won unanimous election as commander, with the rank of major general.

However, the Consultation made no attempt to assert its will over existing bodies of volunteer troops who elected their own officers, had little discipline, and served for unspecified enlistments. As a result, the regular army was not recruited. Harrisburg was also closer to the border with the United States and would allow easier communication with U.

The move took on a sense of urgency when the convention received word that Santa Anna was within 60 miles km of Washington-on-the-Brazos. He persuaded the men to continue their work on the constitution rather than rush to aid the soldiers due to fact that he knew how important crafting a general law is. It was his 43rd birthday.

Houston took over a fighting force that was an army in name only. Determined to crush the Texas rebels, Santa Anna took command of the Mexican army that invaded Texas in The First measure that will be brought before the house will be a declaration in which we will set forth to the world the causes which have impelled its to take up arms, and the objects for which we fight.

Secondly, I will suggest for your consideration the propriety of establishing a provisional Government, the election of a Governor, Lieutenant-Governor and Council, and I would recommend that these officers be clothed with both legislative and executive powers.

This measure I conceive absolutely necessary to prevent Texas from falling into the labyrinth of anarchy. Thirdly , the organization of the militia requires your immediate attention. You will have an army in the field whose achievements have already shed luster upon our arms; they have not the provisions and comforts necessary to continue their service in the field.

Give them the character, or their victories, though they are achieved not without danger and glory, will, nevertheless, be unproductive of good.

Sustain and support them, and they will do honor to you and render incalculable service to their country.

But neglect themTexas is lost. The adoption of a code of military laws is indispensable. Without discipline and order in the ranks, your armies will be mobs, more dangerous to themselves than to their adversaries, and liable at all times to be cut to pieces by a handful of regulars. I know the men that are now in the fieldthere never were better materials for soldiers; but without discipline, they can achieve nothing.

Establish military laws, and, like the dragon's teeth sown by Cadmus, they will produce armed men. It will be necessary to procure funds, in order to prepare the contemplated government, and to carry oil the war in which we are now engaged. It will, therefore, be our duty to elect agents to procure these funds.

I have too high an opinion of the plain, practical sense of the members of this body to think for a moment that they will elect any but some of our most influential citizens to this important post. Without funds, however heroically your armies may fight, however wisely your councils may legislate, they will erect but a baseless fabric that will fall by its own weight. There are several warlike and peaceful tribes of Indians that claim certain portions of our land.

Locations have been made within the limits they claim, which has created great dissatisfaction amongst them. Some of the chiefs of those tribes are expected here in a few days, and I deem it expedient to make some equitable, arrangement of the matter that will prove satisfactory to them. Permit me to call your attention to another subject. Some of our brethren of the United States of the north, hearing of our difficulties, have generously come to our aid; many more, ere long, will be with us; services such as they will render should never be forgotten.

It will be proper for this convention to secure to them the rights and privileges of citizensto secure to them their lands in "headright," and place them on the same footing with those of our citizens who have not yet obtained from the government their landsand in all other respects, to place them on equal footing with our most favored citizens.

Again, the path of promotion must be open. They must know that deeds of chivalry and heroism will meet their reward, and that you will throw no obstruction in their pathway to fame. Some fraudulent sales or grants of land, by the late government of Coahuila and Texas, will require your attention. The establishment of mails, and an express department, is deemed necessary to promote the interests of the country, besides other minor matters that have escaped my observation in this cursory review.

Finally , gentlemen and friends, let me call your attention from these details to the higher position which you now occupy. Let me remind you that the eyes of the world are upon you; that battling as we are, against the despotism of a military chieftain, all true republicans, all friends of the liberties of man, are anxious spectators of the conflict, or deeply enlisted in the cause.

Let us give evidence that we are true descendants of that band of heroes who sustained eight years' war against tyranny and oppression and gave liberty to a new world. Let our achievements be such that our mother country, when she reads the bright page that records them, shall proudly and joyfully exclaim: "These are my sons; their heroic deeds mark them as such!

I do not view the cause in which we are now engaged as that of freemen fighting alone against military despotism; I do not view it as Texas battling alone for her rights and her liberties; I view it in a nobler, more exalted light; I view it as the great work of laying the cornerstone of liberty in the great Mexican Republic.

Unlike the two previous consultations, this convention was clearly an independence assembly moving toward armed rebellion. There was no petitions to the Mexican government and no pledges of loyalty to the government. However, the aim was stated by B. Archer, to "lay the cornerstone of liberty in the great Mexican Republic. A committee of one delegate from each of the twelve municipalities prepared a declaration outlining the forces that "impel us to take up arms, and the objects for which we fight.

The Declaration. On the committee was John. Royall, Asa Mitchell, W. Fisher , R. Committee deliberations resulted in the following declaration:. Whereas, General Lopez de Santa Anna and other military chieftains have, by force of arms, overthrown the federal institutions of Mexico and dissolved the social compact which existed between Texas and other members of the Mexican confederacy; now the good people of Texas, availing themselves of their natural rights,.

That they have taken up arms in defense of their rights and liberties which were threatened by the encroachments of military despots, and in defense of the republican principles of the Federal constitution of Mexico of That Texas is no longer morally or civilly bound by the compact of union; yet, stimulated by the generosity and sympathy common to a free people, they offer their support and assistance to such of the Mexican confederacy as will take take up arms against military despotism.

That they do not acknowledge that the present authorities of the nominal Mexican republic have the right to govern within the limits of Texas.

That they will not cease to carry on war against said authorities whilst their troops are within the limits of Texas. That they hold it to be their right, during the disorganization of the federal system and the reign of despotism, to withdraw from the union, to establish an independent government, or to adopt such measures as they may deem best calculated to protect their rights and liberties; but that they will continue faithful to the Mexican government so long as that nation is governed by the constitution and laws that were formed for the government of the political association.

That Texas is responsible for the expenses of her armies now in the field. That the public faith of Texas is pledged for the payment of any debts contracted by her agents. That she will reward with donations in lands, all who volunteer their services in her present struggle, and receive them as citizens. These declarations we solemnly avow to the world and call God to witness their truth and sincerity, and invoke defeat and disgrace upon our heads should we prove guilty of duplicity.

The Provisional Government. The declaration was signed by every member present. Dyer, Asa Hoxey, James S. Lester, William W. Arrington, J. Robinson, S. Everett and A. Article I. That there shall be and is hereby created a Provisional Government for Texas, which shall consist of a governor, a lieutenant-governor, and a council to be elected from this body, one member from each municipality, by the majority of each separate delegation present; and the governor and lieutenant-governor shall be elected by this body.

Article II. The lieutenant-governor shall be president of the council, and shall perform the duties of governor in case of the death, absence or other inability of the governor, during which time a president pro-tem shall be appointed to perform the duties of the lieutenant-governor in council. Article III. The duties of the general council shall be to devise ways and meansto advise and assist the governor in the discharge of his functions; they shall pass no laws, except such as in their opinion the emergency of the country requires, ever keeping in view the army in the field, and the means necessary for its comfort and support, they shall pursue the most effective and energetic measures to rid the country of her enemies and place her in the best possible state of defense.

Two-thirds of the members elect of the general council shall form a quorum to do business; and in order that no vacancy shall happen in the council, if any member, from death or other casualty, shall be incapacitated to act, the governor shall immediately, on information thereof', notify the members elected to fill vacancies; and, on his default, any member who has been elected to this body from the same jurisdiction may take his seat. The governor and council shall be authorized to contract for loans, not to exceed one million dollars, and to hypothecate the public lands and pledge, the faith of the country for security of payment.

That they have the power to impose and regulate imposts and tonnage duties, and provide for their collocation under such regulations as may be most expedient.

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; and, if possible, to secure their friendship. They shall establish post offices and post roads and regulate the rates of postage and appoint a postmaster-general, who shall have competent powers for conducting this department of the provisional government, under such rules and regulations as the governor and council may prescribe.

They shall have Power to grant pardons, remit fines, and to hear and judge all cases usual in high courts of admiralty, agreeably to the law of nations. They shall have power to appoint their own secretary and other officers of their own body; also that they have the power to create and fill such offices as they may deem proper; provided, nevertheless, that this power does not extend to officers heretofore rejected by this house.

That the governor and council have power to organize, reduce or increase the regular forces as they may deem the emergencies of the country require. Article IV. And that the governor he clothed with all these and all other powers, which may be thought necessary by the permanent council, calculated to aid and protect the country from her enemies. Article V. There shall be constituted a provisional judiciary in each jurisdiction represented, or which shall be represented in this house to consist of two judges, a first and second, the latter only to act in the absence or inability of the first, and be nominated 1by the council and be commissioned by the governor.

Article VI. Every judge so nominated and commissioned shall have jurisdiction over all crimes and misdemeanors recognized and known to the common law of Englandhe shall have power to grant writs of habeas corpus in all cases known and practiced to and under the same laws; he shall have power to grant of sequestration, attachments or arrest, in all cases established by the civil code and code of practice of the State of Louisiana, to be regulated by the forms thereof; shall possess full testamentary powers in all eases and shall also be made a court of record for conveyances, which may be made in English and not on stamped paper, and that stamped paper be, in all cases, dispensed with; and shall be the notary public of their respective municipalities.

All office fees shall be regulated by the governor and the council; all other civil proceedings at law shall be suspended until the governor and general council shall otherwise direct.

Each municipality shall continue to elect a sheriff, alcalde and officers of ayuntamientos. Article VII. All trials shall be by jury; and, in criminal cases, the proceedings shall be regulated upon the principles of the common law of England; and the penalties prescribed by said laws, in eases of conviction, shall be inflicted, unless the offender shall be pardoned, or fine remitted; for which purpose a reasonable time shall be allowed to every convict to make his application to the governor and council.

Article VIII. The officers of the provisional government, except such as are elected by this house, or the people, shall be appointed by the general council, and all officers shall be commissioned by the governor. Article IX.

All commissions to officers hsall be, "in the name of the people, free and sovereign," and signed by the governor and secretary; and all pardons and remissions of fines granted, shall be assigned in the same manner.

Article X. Every officer and member of the provisional government before entering upon the duties of his office, shall take and subscribe to the following oath of office: "I, A. Article XI. On charges and specifications being made against any officer of the provisional government for malfeasance or misconduct in office, and presented to the governor and council to be conducted before a fair and impartial trial shall be the general council; and if, in the opinion of two-thirds of the members, cause sufficient be shown, he shall be dismissed from office by the governor.

Article XII. The governor and council shall organize and enter upon their duties immediately after the adjournment of this house and hold their sessions at such times and places as in their opinion will give the most energy and effect to the objects of the people, and to the performance of the duties assigned to them. Article XIII. The general council shall appoint a treasurer, whose duties shall be clearly defined by them, and who shall give approved security for their faithful performance.

Article XIV. The different archives of the different primary judge, alcaldes and other municipal officers of the various jurisdictions, shall be turned over to their successors in office, immediately after their election or appointment; and the archives of the several political chiefs of the departments of Nacogdoches, Brazos and Bexar, shall be transmitted forthwith to the governor and council for their disposition. Article XV. All persons now in Texas, and performing the duties of citizens, who have not acquired their quantum of land, shall be entitled to the benefit of the law of colonization, under which they immigrated, and all persons who may immigrate to Texas during her conflict for constitutional liberty, and perform the duty of citizens, shall also receive the benefits of the law under which they immigrated.

Article XVI. The governor and council shall continue to exist as a provisional government until the re-assembling of this consultation, or until other delegates are elected by the people and another government established. Article XVII. This convention when it may think proper to adjourn, shall stand adjourned to meet at the town of Washington, Texas, on the first day of March next, unless sooner called by tire executive and council.

Article XVIII All grants, sales and conveyances of land illegally and fraudulently made by the State of Coahuila and Texas, located or to be located within the limits of Texas, are hereby solemnly declared null and void and of no effect. Article XIX. All persons who leave the country in its present crisis, with a view to avoid a participation in its present struggles, without permission from the Alcalde or judge of their municipality, shall forfeit all or any lands they may hold or may have a claim to, for the benefit of this government; provided, nevertheless, that widows and minors are not included in this provision.

Article XX. All moneys now due or that may hereafter become due, on lands lying with the limits of Texas, and all public funds or revenues, shall be at the disposal of the governor and general council, and the receipts of the treasurer shall be a sufficient voucher for any and all persons, who may pay moneys into the treasury and the governor and council shall have power to adopt a system of revenue to meet the exigencies of the State.

Article XXI. Ample power and authority shall be delegated and are hereby given and delegated to the governor and general council of the provisional government for all Texas, to carry go into full effect the provisions and resolutions adopted by the consultation of the chosen delegates of all Texas in general convention assembled, for the creation, establishment and regulation of the said provisional government.

Article 1. There shall be a regular army created for the protection of Texas during the present war. Article 2. The regular army of Texas shall consist of one Major General, who shall be commander-in-chief of all the forces both regulars and volunteers, called into public service during the war.

Article 3. The commander-in-chief of the regular army of Texas shall be appointed by this convention consultation and commissioned by the governor.

Article 4. He shall be subject to the orders of the governor and council. Article 5. His staff shall consist of one adjutant general, one, quartermaster general, one paymaster general, one surgeon general and four aides-de-camp, with their respective ranks as in the United States army in time of war, to be appointed by the major general and commissioned by the governor.

Article 6. The regular army of Texas shall consist of men enlisted for two years, and of volunteers for and during the continuance of the war. Article 7. The regular army of Texas, while in service, shall be governed by the rules, regulations and discipline, in all respects , applicable to the regular army of the United States of America in as far as is applicable to our conditions and circumstances.

Article 8. The regular army of Texas shall consist of eleven hundred and twenty men, rank and file. Article 9. There shall be a corps of Rangers under the command of a Major, to consist of one hundred and fifty men, to be divided into three or more detachments, and which shall compose a battalion, under the Commander-in-Chief when in the field.