istence of the Provisional Government, shall be clothed with full and ample executive powers, and shall be Commander-in- Chief of the Army and Navy, nnd of all the military forces of Texas, by !!ea and land; and he shall have full power by him- self, by and with the consent of the Council, and by his proper commander or other officer or officers, from time to time, to tr11in, instruct, exercise and govern the :Militia and Navy; and for the special defence and safety of the country, to assemble in martial array, and put in warlike attitude the inhabitants thereof; and to lead and conduct them by hi.s proper officers, and ,vith them to encounter, repel, resist and pursue by force of arms, as well by sea and by land, within or without the limits of Texas; and, also, to destroy, if neces- sary, and conquer by all proper means and enterprizes what- soever, all and every such person or persons as shall, at any time, in a hostile manner, attempt or enterprize the destruc- tion of our liberties, or the invasion, detriment, or annyonce of the country; and by his proper officers, use and exercise over the Army and Navy, and the Militia in actual service, the Law Martial in time of war, invasion or rebellion; and to talce and surprise by all honorable ways and means consist- ent with the Law of 'Nations, all and every such person or persons, ·with their ships, arms, ammunition and goods as shall, in a hostile manner, invade or attempt the invading or annoying our adopted country; and that the Governor be clothe!'! with all these and all other powers which may be thought necessary by the Permanent Council, calculated to aid and protect the country from her enemies.
ARTICLE V.
There shall be constituted a Provi.sional Judiciarv in each jurisdiction represented, or which may hereafter be repre- sented in this Home, to consist of two judges, a first and second, the latter to act only 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 re-
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