WRIGHT— POWER TO MAKE POLITICAL DECISIONS. 379 



dent.^'' The power to recognize the existence of war to which the 

 United States is a party is vested concurrently in the President and 

 Congress, the latter having the power by implication from its ex- 

 press power to declare war.^" No constitutional clause has been 

 cited from which congressional power to recognize the termination 

 of war can be implied. On the contrary a resolution vesting 

 Congress with power to " make peace " was voted down in the Fed- 

 eral Convention of 1787.^^ 



The President's power to recognize the termination of war may 

 be clearly deduced from his power as the representative organ and 

 has been admitted by the Supreme Court in the case of the Civil 

 War.^^ His proclamation or his reception or dispatch of diplomatic 

 representatives from or to a former enemy therefore seems the proper 

 method for recognizing peace in the absence of treaty, though, as in 

 the case of recognizing new states, he is of course free to solicit the 

 advice of Congress, which action would usually be desirable. This 

 was the course actually followed in terminating the wars with Ger- 

 many, Austria, and Hungary. By his proclamation, issued on No- 

 vember 14, 1921,^^^ after exchange of ratifications of the treaty with 

 Germany of August 25 (and similar treaties with the other powers) 

 President Harding recognized that the war terminated on July 2, 

 192 1, the date on which Congress had passed a resolution declaring 

 the war " at an end." The antedating of the proclamation indi- 

 cates that the war terminated, not by express treaty, but by tacit 

 agreement, recognized in the United States by the President, when, 

 in his opinion, there was sufficient evidence that Germany had con- 

 curred in the opinion expressed by the United States on July 2. 



B. The Power to Use Force in Foreign Affairs. 



214. Diplomatic Pressure. 



Force, coercion, or pressure may assume a number of forms in 

 the conduct of foreign relations. The sending of notes, the making 



29 Supra, sec. 194. 



30 Supra, sec. 210. 



31 Debate, Aug. 17, 1787, Farrand, op. cit., 2: 319. 



32 The Protector, 12 Wall. 700. 

 32a Treaty Series No. 658. 



