Estancia news-herald. [volume] (Estancia, Torrance County, N.M.) 1912-19??, 1919-07-24
TAFT THINKS
It OUGHT TO DIE

(BY WILLIAM HOWARD TAFT.)
Senator Falls joint resolution to
declare peace with Germany has
been referred to the foreign rela-
tions committee of the senate. Sen
ator Lodge has said that congress,
having power to declare war, has,
therefore, the power to declare
lpeace. This argument is faulty in
that it assumes that in their making
war and peace are of the same ma
ture. Each is legal status, but the
status of war is created by the de-
claration of one nation. The status
of peace after war may be Great
ed only by an agreement of the
belligerents to end the war. If only
one of them declares peace, war con-
tinues. Congress declares war, makes
war and can cease making war on its
side, but that does not make peace.
The nation with which we have been
at war must agree that war is end
ed and signify its agreement.
Now, agreements with other ma
tions are made, under our constitu
ton, by what is called the treaty
making power of the president and
the senate. Therefore, permanent
peace after war can only be prop
erly made by treaty. 1t is true
that we have sometimes effected ar
rangements with other nations
through an act of congress, but they
were in their nature mere enact
ments of law to prevail in our coun-
try on condition that corresponding
laws were enacted in another coun-
try. Thus Canadian reciprocity in
1911 was provided for by an act of
congress as to duties on imports
from Canada on condition that cer-
tain duties were imposed by Canada
on imports from the United States.
Either party might end the opera
ton of the arrangement by repeal
of it's law. So here, perhaps, con-
gress could declare peace with Ger
many on condition that Germany
make similar declaration. But that
is not the Fall resolution. 1t mere
Ily declares peace. Without Ger
many's accord it can not create
peace. The armistice continues. The
effect of the signing of the final
treaty before ratification will con-
tinue the armistice till ratification of
the treaty.
But suppose that Germany were
by legislative act to make corre-
spending declaration of peace. The
result would be an end of the war
without any conclusion. We went
to war specifically to maintain as
neutrals the right of our own ships
and citizens on commercial vessels
of the enemies of Germany to be
free from injury upon the high seas
by submarines. Germany denied
us those rights. If the war is to be
ended by congressional resolution,
as suggested, we shall not have set
tied in any way the rights we have
sought to maintain. Under our
alien enemy property act we have
, sold millions Of dollars of the prl-
vate property of German nations.
Germany will be in a position to
dispute the validity of every one of
, these sales. She may dispute our
little to the German commercial ves-
sells we interned and then took over
for our use. Such peace would,
indeed, be lame and impotent con-
, clusion of a great war and our great
, sacrifices.
1t would be separate peace with
Germany, ignoring our allies. Those
, who propose it must rely on the pro-
, visions of the treaty already signed
in Paris by the Germans, the advan-
tages of which it is thus intended to
secure without assuming its burdens
But it is said we can make subse.
ouent treaty with Germany with
S specific terms. Yes, we can, but
> then she will be in much more un'
restrained position to assert and de-
e mand conditions which she was un'
s able to secure against the allies.
But why discuss such an impossi
: BILE resolution as the Fall resolution
y 1t can not pass save with the eX
: ecutive signature. Of course tha
will be withheld. The presiden
: could not and would not approve the
: resolution and the country woult
e sustain him in his veto. 1t Woult
then take two-thirds of the senate
: and two-thirds of the house to pas
> it. Does anybody suppose that two
d thirds of either house would pass it
Why then an attempt to pass 1t Il
y the senate? The only possible rea
e son is that in some way it will trans
D fer to the president the burden o
l. delaying a return to normal peac
!, conditions with Germany and re
= sumption of business intercourse.
i is hoped by Senator Fall that tn
senate, in amending the Germa
treaty so as to send it back for fu1
ther negotiation, or that a majorlt
II of the senate in refusing to ratlt
e the unamended treaty may avoid II
sponsibility for the delay by man
E. Testing desire for immediate peac
by such resolution. In other wore
lie it's only object would seem to be
" playing for position.
= The Fall resolution should be a
- lowed to die the same natural deaf
b apparently suffered by the Kno
~, resolution
il When the treaty is before tt
Y, senate then no consideration of e
n. Ipediency should prevent senate
n, from voting to amend or reject Il
e. treaty if he believes it to be real
ke dangerous to our country's interes
If he hesitates to assume responsib
ity for the delay it must be that
has not confidence in his reaso
IS for opposing the treaty on its merit
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