Yoakum explains (II, 74) that this was necessary, because Houston's former commission was held under the Mexican Constitution of 1824. In 1837, President Burnet was of this opinion, too; for, in another connection, he says (Telegraph and Texas Register, August 26, 1837—Austin Papers, 44): “The provisional gubernatorial government of Texas in January, 1836, was a Mexican state government, organized under the Mexican Constitution of 1824, * * *. By necessary consequence, all the offices created by that state government, and all commissions civil and military, issued by and under its authority, were purely and properly Mexican, * * *. On the 2d of March, * * * they declared Texas to be * * * independent. * * *. The 8th section of the schedule of the new Constitution provided for all civil officers remaining and discharging their duties until others should be appointed, etc. * * *. But there was no such provision in regard to military appointments, * * *.” But, writing of this particular case in 1860 (Texas Almanac, 1860, 50), he says: “* * * Gen. Houston * * * asked and received a renewal of his commission as commander-in-chief. This was a useless consumption of time; for all, civil and military, recognized him as such as fully before as after the reappointment.”
