Capital journal. (Salem, Or.) 1919-1980, 1920-05-05

treaty of Versailles.
There was no excuse for greatly
prolonging the war beyond the sign
ing of the armistice." Senator Knox
said. "and the only expiation for so
doing was the deliberate aim to re-
tain all those autocratic compulsory
powers with which the executive had
been endowed for the prosecution of
the war in order that they might be
used for other purposes.
Peace Held Necessity.
1.-THE welfare and safety Of the ma
tion imperatively demands that we
have peace. The whole world seeths
with revolution? Our own nation is
in ferment and toll. Force and strife
are rampant and threaten the destruc-
tion not only of our property but of
our free institutions and even of our
lives. And yet we stand and have
stoca fer months, as a rudderless
ship"
"The course of the president ever
since he cruised to Europe to partici-
pate in the peace conference" con-
tinued the former secretary Of state.
'leaves no chance for doubt that he
will continue hereafter as heretofore,
to thwart so far as he is able, every
attempt - to take any action =
affecting the provisions Of the treaty
of Versailles as it came to the United
States fresh from his signature.
HE has conjured up every power
within hissdomestic domain in his ef-
fort to compel this senate to surrender
its will and judgment to him, to be-
come the mere automatons to register
his mandate--to approve this treaty
in its last minutes OF detail as he sent
1t to u.s.
Congress- Has Power.
Launching into q 10000 discussion
Of his reason, the senator said com
gress had the power to ''unmake" any
of its acts and consequently had the
power to repeal the resolutions de-
claring state of war with the imper-
ial German government and with the
Austro-H Hungarian empire.
Pointing out that the war declara-
tion by congress was directed against
the imperial German government,
Senator Knox said that government
had ceased to exist and with it the
enemy named by congress.
Supporting his contention that In
ternationally the nation actually and
legally is at peace. the senator dis
cussed the terms and effect of the ar
mistice, declaring that by this docu-
ment, Germany had conceded its capt
tulation. He ocntended also that rati-
fication of the treaty OF Versailles by
Germany and the allies made peace for
the United States.
Reiteratlng opposition to the treaty
of Versailles, Senator Knox said 1t
was almost universally discredlted
and that the senate reservations did
not Americanize the league of nations
but merely made 1t safer for America
to join. Instead Of the league, he
urged IAN arrangement for the codifi-
cation OF International faw, the estab-
lishment of court Of international
Arguments Summarized.
Senator Knox summed up the legal
aspects of the question as follows
"Flrst-War Is actual hostilities.
"Second-That 1t was so understood
by our constitutional fathers.
"Third-That the power to declare
war was exclusively with congress.
which created the status of war by a
law which, like any other law, could
be amended modified or repealed.
'Fourth-That the purpose of the
war powers of the constitution was 70
give the national government the le-
gal power and practical ability to con.
duct a successful war, that is actual
hostilities.
''F'ifth--That war powers could not
be exercised after actual hostillties
had ceased.
'Sixth-That the powers of the
president came from two sources, that
of the chief executive and that OF
commander In chief. that the powers
OF neither capacity could be invoked
to augment the other; that he possess
ed no extraordinary powers as chief
executives save only and to the extent
such powers were conferred by stat
ute which, to authorize action by him,
must be duly and legally In operation.
''It results from all Of the foregoing
facts and principles" concluded tho
senator, that the war has ended in
ternationally both as a matter OF fact
and law; that domestlcally the war
powers ceased with the end OF actual
hostilities and that therefore we are
already at peace, both internationally
and domestlcally without further fact
by either the executive or Legislative