The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1862-03-12
MONTPELIER. W.T..
WEDNESDAY, MARCH -, 1862
Provisional Governments for Rebel States.

Provisional Governments for Rebel States.
A state of instruction SO extensive as that
which has spread over eleven States of the Un-
Eon, and found active parJisans and armed ad-
iaereats in three more, was not contemplated in
tire formation Of our CONSTITUTE ton, and of course
that instrument is silent in respect to such an
a1nleoked-for event. Treason and its punish
aaens are defined in the original compact, but
R&aas shall be done with States that turn rebels,
- not set forth. The Government in the emer-
@cncy that has now arisen is therefore ompelled
10 WORK out its own method of procedure, and
seetae the vexed questions that may arise, not SO
much ny the wisdom of the fathers, as by ,h .
necessities of the present. If the trainers of
Ike Constitution could have anticipated, for in
stance, chat State, in its sovereign capacity,
sana |2y q vote of its people, would have annuled
lis ratification Of the Federal compact. and en-
yaoyed all its resources in waging war upon the
Un:.ur to which it once belonged, they would
undoubtedly have granted, and defined, the pow
'grs Of the General Government in such case.
Bat 1t was not given them to see that turbulent
~2cnan which was to test So thoroughly the tmbers
III the good ship Union and they laid down no
chart for the navigators who were to steer the
wessel among the shoals and quicksands, and
sGnsSes reefs. and gaping maelstroms, Of that
12ough and tempestuous sea.
But there are certain incidents Of all granted
xl5Aers, which need not be expressed in order to
accompany the principal gift Lawyers under
atand tia, the grant Of power carries with it,
although not expressed in the charter all that
IL necessarily for the beneficial use of the right,
En- Sesms, granted So the grant to the General
Government, tor example, of the right to lay
inaposts and collect them, would alone give the
GSavernment power to march an army, if neces-
sary, 10 any seaport in the Union, to enforce the
collection of revenue. So the creation of the
Government, by the grant of the people accord
ing to the forms Of the Constitution, gives to
c.Ese Government SO created, without any express
,lad particular definition of its powers, as an
Incident OF the life thus given, the right to do
everything that may be necessary to preserve the
existence so begun, except as it may DO limited
Thy express and particular denials of power or
privilege; and among the rights reserved to the
people in the Federal Constitution we shall not
and the right to overthrow Or destroy the Gov
ornament or break up the Union.
There have been already, in the progress Of
dhc rebellion, and in the efforts of the Govern.
Gnent to put 1t down, frequent occasions to fall
back upon this maxim in defence of assump-
st.ons of power for which we shall look in vain
al the Constitution, and 10 which we, a while
aa,ace, called the attention of our readers. And
she Government is now taking still further steps
an the same direction. Andrew johnson has
's'sen sent out as sort of Military Governor, to
establish and maintain order and authority in
Tennessee That State has Governor and
Legislature Of its own, elected according to the
1Qrms Of its Constitution and laws. But thew
e;hanced, unfortunately for them, to be rebels,
a2d TO have led the State into the heresy of
Secession; and as the Stars and Stripes have
saken tho place of the Confederate bars at Nash
Vile. Gov. Harris nd his associates have found
at convenient to leave their capital quite I'M
tremendously. And as this rebel State Gov
'ernment mauifests no disposition to return to
sts cid place Of subordination to the Federal
authority, the President has judged best to su.
tpessede itoy putting over the State Provisional
Governor. The logic that led to this act is
simple, being briefly this The State Of len
anessee has no loyal State authority, is very much
30 need of such an authority. and accordingly
IS given one. Yet, under the Constitution,
stzictly construed, the President has no more
tight to name a Provisional, or any other Gov
fTnor, for State, than the Emperor of Russia
has. In the progress of restoring Tennessee to
1isc Union, this step, however, having become
necessary, is taken and the Administration
have judged Of its necessity for themselves, and
tssen the responsibility.
How long it may be thought advisable to con-
sanue such semi-territorial Government in
Tennessee, it is impossible now to predict with
Aay degree of accuracy. 1t may be six weeks,