-2-
 
The matter was discussed, however, at the Constitutional Convention, on August 17, 1787, in
connection with the granting of power to Congress to make war. A motion was made to add the
words "and peace" after the word "war" so as to give Congress the power to declare both war
and peace. The motion was unanimously rejected. (II Journal of the Constitutional Convention
(Hunt's ed., 1908) 188, 189.)
 
     While Congress has authority under the Constitution to declare war, once it is declared it
is for the President to determine when peace may be concluded. He may conclude an armistice or
negotiate a treaty of peace, or both. The armistice is wholly a function of the President but a
treaty of peace requires senatorial approval.
 
     Hare, in his work on the Constitution, says that "it is the right of the President, and not of
Congress, to determine whether the terms [of peace] are advantageous, and if he refuses to make
peace, the war must go on." (I Hare, American Constitutional Law (1889) 171-172.)
 
     In the report of the Judiciary committee to the Forty-ninth Congress on the treaty power,
it is stated that "Congress cannot create the status of peace by repealing its declaration of war,
because the former requires the concurrence of two wills, the latter but the action of one." (H.
Rept. 4177, 49th Cong., 2d
               Sess.,
                        
 
 
*    Article IX of the Articles of Confederation had given
            Congress sole and exclusive power to determine on peace
            and war.