Presidents -- United States -- Messages; United States -- Politics and government -- Sources
Being sincerely convinced that these views are correct, I would be
unfaithful to my duty if I did not recommend the repeal of the acts of
Congress which place ten of the Southern States under the domination 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.
Public-domain text, read in full here on John Shaqi.
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