ion of
military masters. If calm reflection shall satisfy a majority of your
honorable bodies that the acts referred to are not only a violation of
the national faith, but in direct conflict with the Constitution, I dare
not permit myself to doubt that you will immediately strike them from
the statute book.

To demonstrate the unconstitutional character of those acts I need do no
more than refer to their general provisions. It must be seen at once
that they are not authorized. To dictate what alterations shall be made
in the constitutions of the several States; to control the elections of
State legislators and State officers, members of Congress and electors
of President and Vice-President, by arbitrarily declaring who shall
vote and who shall be excluded from that privilege; to dissolve State
legislatures or prevent them from assembling; to dismiss judges and
other civil functionaries of the State and appoint others without regard
to State law; to organize and operate all the political machinery of the
States; to regulate the whole administration of their domestic and local
affairs according to the mere will of strange and irresponsible agents,
sent among them for that purpose--these are powers not granted to the
Federal Government or to any one of its branches. Not being granted, we
violate our trust by assuming them as palpably as we would by acting in
the face of a positive interdict; for the Constitution forbids us to do
whatever it does not affirmatively authorize, either by express words or
by clear implication. If the authority we desire to use does not come to
us through the Constitution, we can exercise it only by usurpation, and
usurpation is the most dangerous of political crimes. By that crime the
enemies of free government in all ages have worked out their designs
against public liberty and private right. It leads directly and
immediately to the establishment of absolute rule, for undelegated
power is always unlimited and unrestrained.

The acts of Congress in question are not only objectionable for their
assumption of ungranted power, but many of their provisions are in
conflict with the direct prohibitions of the Constitution. The
Constitution commands that a republican form of government shall be
guaranteed to all the States; that no person shall be deprived of life,
liberty, or property without due process of law, arrested without a
judicial warrant, or punished without a fair trial before an impartia