DEPARTMENT OF STATE
 
                       THE LEGAL ADVISER
December 20, 1941.
 
TERMNATION OF HOSTILITIES
 
                      The Secretary:
                              I do not feel that there is the slightest question
                      regarding an undertaking by the President "not to cease
                      hostilities against or conclude a separate armistice
                      with the common enemies or any of them, except by common
                      agreement".                                                                               
                              The Constitution declares that the President "shall
                      be Commander in Chief of the Army and Navy of the United
                      States,'. (Art. 2, sec. 2.) The Supreme Court in United
                      States v. Sweeny stated that the object of this provision
                      is "evidently to vest in the President the supreme command
                      over all the military forces,--such supreme and undivided
                      command as would be necessary to the prosecution of a
                      successful war." [Underscoring supplied. ] (157 U.S.
                      (1895) 281, 284.)
                              The power of the President as Commander in Chief and
                      his duty to prosecute a war to a "successful,, conclusion
                      are no less extensive than those of the Congress "To
                      declare war . . .; To raise and support Armies . . .;
                      To provide and maintain a Navy", etc. (Art. l, sec. 8.)
                              The Constitution itself contains no specific grant
                      of power to any branch of the Government to make peace.
                                                                                                      The