Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1862-03-18

Provisional Governments for Rebel States
\ state Of Instruction SO extensive ais that
vhlen has spread over eleven States Of The Tn
on and found active pnrtsans and armed adj
nel,nts in three more, was not contemplated IN
the formation Of our Constitution, and Of course
hat instrument is silent in Tesrec. to such an
lnlooSed-lor event. Treason and It's punish
neut are defined IN the original compact, but
what shall be done with States that turn rebels.
: not set forth The Government m the cmpr-
-eucv that has now arisen is therefore compelled
70 WORK out It's own method Of procedure, and
settle the Iexed questions that may arise, not 50
much by the wisdom Of the fathers, as by the
neceSsite, Of the present. If the trainers Of
the Constitution could have anticipated, for in
stance, that II State, in It's SOY reign capacity,
and by q vote Of its People would have annuied
its ratification Of the Federal compact, and en-
,loyed all It's resources in wagirg war upon the
Uuion to which 1t once belonged, they would
undoubtedly have granted, and defined, the pow
rs OF the General Government in such case.
But it WIS not given them to see that turbulent
ocean which was to test 50 thoroughly the timbers
.. the good ship Union, and they laid down no
chart for the nayigators who were to steer the
vessel among the shoals and quicksands, and
sunk1n reefs, and gaping maelstroms, Of that
rough aud tempestuous sea.
Bat there are certain incidents Of all granted
powers, which need not be expressed in order to
accompany the principal gift Lawyers under
stand THAI the grant OF power carries with it,
although not expressed in the charter, all that
is necessary for the beneficial use OF the right
in terms, granted. So the grant to the Genera
Government, for example, OF the right TO lay
imposts aud collect them, would alone give tn,
Government power to march an army, if ncces
sary, to any seaport in the Union, to enforce the
collection OF revenue. SO the creation of tn,
Government, by the grant of the people accord
Ing to the forms Of the Constitution, gives t.
the Government so created without any express
and particular definition Of its powers, as al
everything dat may be necessary to preserve tn,
existence 50 begun, except as it may be Unite,
by express and particular denals of power Of
privilege and among the rights reserved to tn,
people IN the Federal Constitution we shall no
lind the right to overthrow or destroy the Gov
eminent or break up the Union
There have been already, in the progress .
the rebellion, and in the efforts of the Govern
ment to put 1t down, frequent occasions to fail
back upon this maxim in defence of assump
tons of power Tor which we shall look in vail
IN the Constitution, and 10 which we, u Will
since, called the attention of our readers An,
ihe Government Is now taking still further ster
IL the same direction. Andrew johnson Ina
been sent outs sort of Military Governor, t
establish and maintain order and authority j
Tennessee, That State has Governor an
Legislature of its own, elected according 20 tn
forms Of Its Constitution and laws. But the
CHANGED, unfortunately for them, to be rebel
aud to have led the State INTO the heresy
Secession and as the Stars and Stripes hay
taken the place Of the Confederate barsat Nasl
Vile, Gov. Harris nd his associates have four
it Convenient to leave their capital quite III
tremendously. Aud as this rebel State &c
erament maniIests no disposition t. return
is old pace Of subordination to the FEEDER
authority, the President has judged best to $
lersede tby putting over the Stue Provision
Governor The logic that led to tins act
simple. being briefly this The State Of /.
nsssee has NO loyal State authority, is very mu,
IN need VI such an authority. and according
is given one. Yet, under tie Consi;u,io
strictly construed tie President has no nae
right to name a Provisional, crany other e.
erncr, llr Sia.e, than the Eolevr 81 Ru..