Around 1835, Smith became a leader in the party favoring independence for Texas, called the War, or Independence Party. This party met with the Peace Party at a convention in 1836 called the Consultation. There, these two parties debated whether to declare immediate independence from Mexico, or not. While urging an immediate declaration of independence, he helped prepare the organic law that served as the constitution of a provisional government. Smith was named governor of the provisional government but soon was locked in struggles with rivals both political and personal. He dissolved the provisional government's council which retaliated by impeaching him. Smith refused to relinquish the governorship to James W. Robinson but the matter was rendered moot by the Convention of 1836.