sons :l.'> :>hnll, at any time, in u hostile manner, at.tempt or ell Lerprize the dei>truction of our liberties or the invasion, detriment or annoyance of the country; and his proper officers use nnd exercise over the army and navy, and the militia m the actual service, the law martial, in times of war, invasion or rebellion, and to take and surprise, by all honorable ways nnd means consistent with the laws of nations, all and every such person or persons, with their ships, arms, ammunition and goods, as shall, in a hos- tile manner, invade, or attempt the invnding or annoying our adopted country. And that the governor be clothed with all these and all other powers which may be thought necessary by the permanent council, cal- culated to aid and protect the country from her enemies. ARTICLE V. There shall be constituted a provisional judiciary in each jurisdic• tion represented, or which may hereafter be represented in this house, to consist of two judges, a first and second, the later only to act in the absence or inability of the first, and be nominated by the council, and 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 England; he shall have power to grant writs of "habeas corpus" in nil cases known and practised to, and under the same laws; he shall have power to grant writs of sequ~stration, 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 tea- tamentary powers in all cases, 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 municipality. All office fees shall be regulated by the governor and council; all other civil proceed- ings at law shall be suspended until the governor and general council shall othenvise direct, each municipality shall continue to elect a sheriff, alcalde, and other officers of ayuntamientos. ARTICLE VII. All trials i;hall be by jury; and, in criminal case~, the proceedings shall be regulated and conducted upon the principles of the common law l)f England, and the penalties prescribed by said laws, in case of convic- tion, i,hall be inflicted, unless the offender should 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. 'fhe officers of the provisional government, except such as are elect~d by this house, or the people, shall be appointed by the general council, and all officers .shall be commissioned by the governor.
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