The Laws of Texas, 1822-1897 Volume 1 Page: 540
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Journals of the Consultation.
sons as shall, at any time, in a hostile manner, attempt or enterprize the
destruction of our liberties or the invasion, detriment or annoyance of the
country; and his proper officers use and exercise over the army and navy,
and the militia in the actual service, the law martial, in times of war,
invasion or rebellion, and to take and surprise, by all honorable ways and
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 hostile
manner, invade, or attempt the invading 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, calculated
to aid and protect the country from her enemies.
There shall be constituted a provisional judiciary in each jurisdiction
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.
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 all cases known and practised to, and under the same laws; he shall
have power to grant writs of sequestration, 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 testamentary
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 proceedings
at law shall be suspended until the governor and general council
shall otherwise direct, each municipality shall continue to elect a sheriff,
alcalde, and other officers of ayuntamientos.
All trials shall be by jury; and, in criminal cases, the proceedings shall
be regulated and conducted upon the principles of the common law of
England, and the penalties prescribed by said laws, in case of conviction,
shall 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.
The officers of the provisional government, except such as are elected
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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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5872/m1/548/: accessed November 15, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .