Only Congress May Draw the Sword

Alexander H. Stephen’s criticism of President James Polk sending American troops to the Rio Grande in July 1845 and threatening Mexico, inspired his arraignment of Lincoln in 1861 for leading the country into an avoidable war.

In Lincoln’s case, his party’s governors provided the troops for his unconstitutional actions and invasion of Southern States, and subjugated a free people with an “oath of allegiance administered at the point of a bayonet.” Stephens foresaw the treatment the South would receive.
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Only Congress May Draw the Sword

“From [his] first speech in Congress to his last before the war, his straight line of endeavor was to preserve the Union under the Constitution. His opposition to Texan annexation was not pleasing to the South . . . and the first to bring him into national prominence, contained the oft-quoted sentences which revived against him at the South the charges of abolitionism while at the North he was accused of laboring for slavery extension:

“My reason for wishing it [the slavery limit] settled in the beginning, I do not hesitate to make known. I fear the excitement growing out of the agitation hereafter may endanger the harmony and even existence of our present Union . . . I am no defender of slavery in the abstract. I would rejoice to see all the sons of Adam’s family in the enjoyment of those rights set forth in the Declaration of Independence as natural and inalienable . . .”

The right of the Union to “acquire territory” and the wisdom of doing so were questioned. He declared for expansion but against imperialism: “This [annexation] is an important step settling the principle of our future extension. We are reminded of the growth of the Roman Empire which fell of its own weight; and of England, who is hardly able to keep together her extensive parts. Rome extended her dominions by conquest, she compelled provinces to bear the yoke; England extends hers upon the principle of colonization; her distant dependencies are subject to her laws but are deprived of the rights of representation.

With us, a new system has commenced, characteristic of the age. It is a system of a Republic formed by the union of separate independent States, yielding so much of their sovereign powers as are necessary for national and foreign purposes, and retaining all others for local and domestic objects. Who shall undertake to say how far this system may not go?”

He said, speaking of Mexican territory:

“No principle is more dangerous than that of compelling other people to adopt our form of government. It is not only wrong in itself, but contrary to the whole spirit and genius of liberty we enjoy.”

Asking if the Mexican war was waged for conquest:

“If so, I protest . . . I am no enemy to the extension of our domain . . . but it is not to be accomplished by the sword. We can only properly enlarge by voluntary accessions.”

In his denunciation of [President James] Polk’s abuse of power . . . :

“Only Congress can constitutionally draw the sword. The President cannot. The war was brought upon us while Congress was in session and without our knowledge. The new and strange doctrine is put forth that Congress has nothing to do with the conduct of the war; that the President is entitled to uncontrolled management; that we can do nothing but vote men and money to whatever extent his folly and caprice may dictate.

Neighboring States may be subjugated, extensive territories annexed, provincial governments erected, the rights of conscience violated, and the oath of allegiance administered at the point of the bayonet . . .”

(Recollections of Alexander H. Stephens, Myrta L. Avary, editor, LSU Press, 1998, excerpts pp. 31-32)