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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 efl'ective and energetic measures to rid the country of her enemies, and place her in the best possible state of defence: 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 mem- ber elected to fill the place; and on his default, any member who has been elected to this body from the same jurisdiction. The Governor and Council shall be authorized to contract for loans, not to exceed one million of Dollars, and to hypothe- cate the Public Lands and pledge the faith of the Country for the security of the payment: that they have power to impose and regulate Impost and Tonnage Duties, and provide for their collection 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 pos- s.i.bl~, to secure their friendship. · 'l'hey shall establish Post-Offices and Post-Roads and regu- .lnt,· the rates of postage, and appoint a Postmaster-General, ;d.10 chall have competent power for conducting this Depart- ment 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, a~d to hear an<l judge all cases usual in high Courts of Adrruralty, r1~1<eably 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 offi- cers heretofore rejected by this House. That the Governor and Council have power to organize, reduce, or increa!-e the regular forces., as they may deem the emergencies of the Country require.
ARTICLE IV.
The Governor, for the time being, and during the ex-
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