378 WRIGHT— POWER TO MAKE POLITICAL DECISIONS. 



resolution of May 21, 1920, for repealing the declarations of war 

 against Germany and Austria. This resolution was vetoed by 

 President Wilson on May ly^^ because it " does not seek to accom- 

 plish any of these objects " for which the United States entered the 

 war, but when again introduced by the Senate Foreign Relations 

 Committee, April 25, 192 1, it passed both Houses and was signed by 

 President Harding, July 2, 1921. The Resolution was defended on 

 the ground that what Congress could pass it could repeal. This 

 assumption fails to recognize the distinction between an act of legis- 

 lation and a resolution creating a status or condition. Congress can- 

 not, in general, repeal resolutions of the latter class, of which resolu- 

 tions admitting states to the Union, incorporating territory, admitting 

 nationals to citizenship, etc., are examples. An act of Congress can 

 undoubtedly terminate war legislation and bring war to an end so far 

 as domestic law is concerned,-^^ but its international effect, whatever 

 its wording, depends upon the attitude of the enemy. This was 

 recognized by President Harding when he submitted to the Senate 

 draft treaties by which the enemy powers accepted the resolution of 

 July 2, 1921:^^'' 



" Formal Peace," he wrote to Senator Lodge on September 21, 1921, " has 

 been so long delayed that there is no need now to emphasize the desirability 

 of early action on the part of the Senate. It will be most gratifying if you and 

 your colleagues will find it consistent to act promptly so that we may put 

 aside the last remnant of war relationship and hasten our return to the 

 fortunate relations of peace." 



We have noticed that the power of recognizing foreign states, 

 governments and belligerency is vested exclusively in the Presi- 



28 See note by C. P. Anderson, Am. Jl. Int. Law, 14: 384 (July, 1920). 

 Text of Resolution, ibid., p. 419; legislative history, ibid., p. 438; veto mes- 

 sage, Cong. Rec, 59: 7747. See also Corwin, Mich. Law Rev., 18: 669 (May, 

 1920). 



28a This was accomplished in part by a Resolution of March 3, 1921 (41 

 Stat. 1359), and in full by that of July 2, 1921. See remarks of Senator 

 Lodge, Cong. Rec, Sept. 24, 1921, 61 : 6434. 



281) Cong. Rec, Sept. 24, 1921, 61 : 6434. In presenting the treaties from 

 the Committee on Foreign Relations Senator Lodge remarked : " Where 

 would the failure to ratify leave us? It would leave us where we are today — 

 in a technical state of war with Germany, Austria, and Hungary." Ibid., Sep- 

 tember 26, 1921, 61 : 6458. 



I 



