.ARTICLE III. '~he duties of the general council shall be to devise ways and means, to .advise and asi::ist the governor in the discharge of hi.s functions; they shall pass _no laws, except such as in their opinion the emergency of ihe country reqmres, ever keeping in view the army in the field, and the means neces- sary for .ils comfort and support, they shall pursue the most effective and energetic mea,5ures to rid the country of her enemies, and place her in the best possiLlc state of defence. 'l'wo 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 he incapacitated to act, the governor shall immediate- ly, .on information thereof, notify the member elected to fill vacancies, and on his default, any member who has been elected to this body from the snme jurisdiction. 'l'he governor and council shall be authorised to contrnct for loans, not to exceed one million of dollars, and to hypothe- cate the public land, and pledge the faith of the country for the secmity o( payment. That they have the power to impose and regulate imposts and tonnage duties, and provide for their collection under such regula- tions as may be the 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 poMible to secure their friendship. They shall estab- lish post offices and post roads, and regulate the rates of postage, and ap- point a postmaster general, who shall have competent powers for con- ducting 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: P1'0'dded ucverlheless, That this power does not extend to officers heretofore rejected by this house. That the governor and council have power to organize, reduce or in- crease the regular forces, as they may deem the emergencies of the coun- try require. ARTICLE IV. The governor, for the time being, and during the existence of the pro- vfaional government, shall be clothed with full and ample executive pow- ers, aud shall be commander-in-chief of the army and navy, ancl of all the military forces of Texas, by sea and by land; and he shall have fnll power, bv himi::0lf. bv and with the consent of the council. nnd hy his proper -commander, o·r other officers, from time to time, to train, instruct, exer- cise nnd iovern the militia and navy, and for the special defence and safety of the country, to as5emble in martial array, and put in warlike at!ilude, the inhabitants thereof. and to lead nncl conduct them b? his prop0r officers; and with them to encounter. repel. resi!'t and pun:ue, by force of arms. as well by sen as by land. within or without the limits of 'J'exas; and also to destroy, if necessary, and conquer, by all proper wa~•s, and cnterprizes, nnd means, whatever. all and every such person or per-
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