The Washington herald., 1920-05-24
Taft Defines Powers of Congress
Former President Asserts 1t Can Only Make
Limited Treaty-Present Membership Is
Without Authority to Bind Lawmakers
By DWIC

it is difficult to construe to be a
permanent peace by acquiescencc.
Such a resolution Of Congress as
that we are considering which de-
Clares peace would. however. even
without similar joint resolution
by Germany. IL the deadlock were
lcng to continue and trade relations
were established. without any re-
sumption of hostilities, be evidence
of general aCquiescence.
Would Make Peace.
From these propositions it fol-
lows that such a resolution as either
the one which passed the House or
the one which passed the Senate, or
the one agreed upon in conference
OF similar tenor, would, IL Ger
many enacted similar legislation.
make peace. But il is very awk-
ward way of formulating terms of
peace.
Indeed the resolutions es prepared
in the two houses, while differing
! somewhat, were careful to negative
any possible waiver of rights OF the
United States growing out of this
declaration of peace, and are an ef-
tort to preserve permanently what
is secured to the United States nv
the armistice. TO which il was a
party only. through the signature
OF our commander in chief. and also
10 secure the benefits of the treaty
or Versailles without assuming its
obligations.
Ihls 1t would be very difficult 70
/ do. and the joint declaration of
peace by the two countries would
leaNe open fruitful opportunity
icr dlsa agreement, much to be depre-
Gated To such a peace and its con-
sequences, authorities of interna
tl0nal law attach the doctrine of uti
rossiditis. which means that each
party TO the peace retains what is
IN ms possession. The parties are
iett In the bed in which they were
iying at tn time of peace. One need
hardiy say that this would he an
unsatisfactory settlement and would
[ need subsequent treaty between
the parties properly to fix their ma :
terial rights.
Domestic Effect.
Ihlrd-The domestic effect of such
ueStaration as this by Congress is
more easily stated. All the war
a'ules conferring exceptional pow
ers upon the President or exercisinp
Congressional legislative authoritS
wholly dependent on the existence
OF war. and limited by terms to a
period having a relation to the end
OF the war would cease.
| Inc resolution dispenses with the
necessity for any further formal
ueclaratlon, though such a declara-
tlon was required in the acts them
serves. Thus the arbitrary powers
Wnlch have been used to accomplish
peace purposes would end, and a
growing source of irritation to the
/ public would be removed.
! The President intends to veto the
resolution. on the ground that it is
an unconstitutional ousting of him
ana the Senate from the treaty
making power. and is an encroach-
meht on function of government
entrusted to them. The Democrats
are In sufficient number in each
mouse to sustain the veto. and
therefore the resolution will not
pass. -. =;
The Republicans are charged with
praying politics. therefore. in press
ing the resolution and sending II
up 10 the President to be Vetoed
IN view OF the fact that the Presi-
uent refuses to compose his differ
ences with the Senate over the
treaty, and thus obstructs the per-
Iormance of the function of the
reaty-making branch of the gov.
ernment, the Republicans would
seem to be, justified in showing his
unreasonableness by seeking to
make peace in another way.
They thus compel him to assume
sole power of initiating peace, and
render more acute his responsibility
Tor putting the treaty through by
! reasonable concession to the judg.
ment or the Senate, his coordinate
associate in making the treaty.
| Makes Another Treaty.
In any event, as the situation now
is, even II the resolution were to
pass, a subsequent treaty should bt
made. There is nothing in this res.
oiution Inconsistent with subsequent
action by Republican President in
submitting the treaty to the Senate
and Its ratification with the Lodge
reservations by majority of the
Republican Senators and the Demo,
Gratis. who freed from President
i.Wilson's control, would vote for 1t
Thus we could. after long delay
take our place, as we should TAX,
it. with Sthe other nations Of th'