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Show THE RESOLUTION DECLARING PEACE We are Indebted to President Day of tho Equltablo for bringing to tho attention of tho Sun and New York Herald this comprehensive definition In Trofessor W. E. Hall's treatise on International Law, of the three methods ot terminating a war: "Section 197. War Is terminated by the conclusion of a treaty ot peace, by simple cessation of hostilities, hostil-ities, or by tho conquest of one, or, or part of one of the bcllgerent states by the other.' This statement by an accepted BrltlBh authority affords a sufficient commentary upon the theory, now propounded solely for the benefit of President Wilson's pride of opinion that the United States cannot constl- l jtutlonally reach peace except thru a treaty on the negotiation and conclusion con-clusion of which the executlro has a strangle hold by reason ot his powers pow-ers ot Initiative and of withholding. ,Ab to tho status of property In the event of the termination of war without a treaty of peace or the con-quest con-quest ot ono of the bellgercnt states by tho other, but by simple cessation of hostilities, the samo recognized authority remarks: "By tho principle commonly called that ot ult possidetis it Is understood that tho Btmplo conclusion of peace, If no express stipulation accompanies accompan-ies It, or In so far as express stipulations stipu-lations do not extend, vests In tho two belligerents as absoluto property proper-ty whatever they 'respectively have under their actual control In the case ot territory and things attached to It, and In the case ot movables whatever they have In their legal possession at the moment; occupied territory, for example, Is transferred to tho occupying Power, nnd ifiova-bles, ifiova-bles, on the other hand, which have been In the territory of an enemy during the war without being confiscated con-fiscated remain tho property of tho original owner. Tho doctrlno is not altogether satisfactory theoretically, but It supplies a practical rulo for the settlement of such matters relating relat-ing to property and sovereignty as may have been omitted In a treaty, or for covering concessions which one or other party has been unwilling unwil-ling to make In words. This advantage advan-tage could evidently not bo .claimed by tho necessary alternative doctrlno that, except In so far as expressly provided, alt things should return to their stato before tho war." The President of the United States as President Day points out, has stated stat-ed that wo take nothing tho treaty ot Versailles, and therefore that treaty merely confirms our tltlo to what we havo already taken. But this confirmation con-firmation Is unnecessary, so far as Germany la, concerned, under tho doc trine ot ull possidetis. Tho contention conten-tion of some Administration Senators that tho treaty ot Versailles Is necessary ne-cessary In order to confirm our tltlo to the. German ships this government has taken would seem to be unsound As we have already remarked, It tho termination of a great foreign war by declaration ot Congress Is an unprecedented thing for our government govern-ment to do, bo Is the situation unprecedented un-precedented which Is forced upon Congress by an obstinate .and defiant de-fiant executive, bent on having his own way no matter what the consequences conse-quences to his country and his fellow fel-low citizens. Congress la on- tho light path toward to-ward a formal and technical peace supplementing tho actual peaco which already exists; and Congress should pursue that path to tho end. Tho Sun and New Vprk Herald. |