The Washington times., 1920-04-02
CLAIMS CONGRESS
CAN DECLARE PEACE
Hannis Taylor, International
Lawyer, Asserts Legislative
Power Is Established.


constitutional power TO end the state
Of war existing with Germany
through legislation as II Wills. Han
mis- Taylor. former minister TO Spain
and authority on international law.
In an interview today. refuted the
objection OF Senator Hitchcock to the
plan OF senator Knox. and his col
leagues. for bringing actual peace by
the passage OF a resolution.
Cites InternationsI Law.
As spokesman OF the Administra-
ton" said Mr.. Taylor, senator Hitch
cock has recently made a formal
statement In which he says: Under
our laws. action on behalf OF the
United States terminating war is vest
ed In the President, and j am OF the
opinion that the plan OF Senator
Knox and his colleagues, to restore
peace by the passage OF a resolution,
declaring a state OF peace exists, viii
fail on account OF constitutional OBJ
stacles.'
"As the Senator is not a jurist he
has naturally overlooked the fact
that as the termination of war Is a
matter regulated not by particular
constitutions, but exclusively by the
rules OF international law, II Is prac-
ticaIly impossible for constitutional
obstacles to enter into such a ques-
tion.
."Under the law OF nations a war
may be terminated % by treaty Of
peace; (2) by conquest and absorp-
ton OF one belligerent by the other:
(3) by a simple cessation OF hostl-
tiles with no accompanying agree
ment.
When a war in which this country
Is engaged ends, and peace follows
as a fact as plain to all human eyes
as the sun in the sky at MONDAY,
who under our constitution, has the
legal right to look up and sec the
sun. Senator Hitchcock contends
that there Is only one eye-the Presi-
Dental eye-that can see the sun and
proclaim it's presence, according to
his view neither the judicial nor
legislative departments OF the Gov
ernment can recognize the palpable
fact in any way. Unfortunately for
that grotesque contention, in the
great case OF exparte Milligan,
Wallace. the Supreme Court of the
United States pronounced In 1865 an
historic judgment settling the ques-
tion irrevocably the other way.
Decision of Court.
The crucial question in that case
was this: Was lhere existing In the
State OF Indiana, at the time OF the
trial OF MiIligan, a state of war
authorizing the application to him of
martial lawf President Lincoln
claimed that there was, and by a mill
tary, commi ssion Milltgan was con-
demned to death. He then appealed
to the Federal courts by habeas cor
AL aftAtrtaI LnnwladUAo nf
the fact that no state OF war did
exist at the time of his trial, despite
the assertion OF the President to the
contrary.
with the issue thus Joined the court
said: mo graver question was ever
considered by this court, nor one
which more nearly concerns the
rights Of the whole people. The Con-
stitution of the United States 10 d law
for rulers and people. equally in war
and in peace. and covers with the
shield of it's protection all classes of
men, at all times, and under all cir
cumstances." After that preface the
court declared 1) that 1t was inform
ed by it's judicial knowledge" despite
the assertion of the Executive Power
to the contrary, that a state of war
had ceased to exist in Indiana before
the trial of Milligan began; (2) that
for that reason the judgment against
him Of a military commission acting
under martial law was null and void.
In the same way the Congress of
the United States has the constitu-
tional right to look up and see the
sun at midday, and to act on the fact.
The contention that Congress has
no constitutional authority to pass
the Knox resolution is too himsy for