"The first thought which comes to one's mind in connection with this section is that it gives to Germany and her nationals all the rights they would have had if the United States had ratified the Treaty of Versailles. Without the provisions of the treaty great uncertainty prevails as to the title to and right to use German ships. The Versailles Treaty contains Germany's assent to the use of the property seized by the Alien Property Custodian, amounting to more than $500,000,000, to pay claims of the United States against Germany. This resolution does not pretend to accomplish this result.
"If we are dependent for a status of peace upon this resolution, I fail to see how we could be able to demand reimbursement for the cost of our army of occupation.
"Under the treaty Germany can become a League of Nations member, and, having under this resolution all the rights it would have had under the treaty when it became a member of the League, it would be entitled to assert against the United States the same rights which any other nation could assert, had our country ratified the treaty. We would thus be in the position of being compelled to protect the independence and territorial integrity of Germany against the aggressions of any or all of our allies.
"Section 5 is an attempt to preserve something out of the wreck of American rights which have been so outrageously surrendered in former sections of the resolution."
RESOLUTION PASSES HOUSE, 242 TO 150
The first test of strength between the supporters and the opponents of the resolution came on April 8th, when a rule limiting debate was adopted by a nearly strict party vote of 214 to 155, the Republicans, as were to be expected, supporting, and the Democrats opposing the rule. The vote on the resolution itself came next day, April 9th, when, after a flow of oratory characterized chiefly by bitterly partisan attacks from both sides of the House, the resolution was adopted by a vote of 242 to 150. Twenty-two Democrats joined the Republicans in voting for it, and two Republicans broke party lines in opposing it. Despite the comfortable majority, however, the result showed that without the President's approval efforts to declare peace by Congressional action would prove futile, since the vote lacked twenty of the two-thirds majority necessary to override a veto.
SENATE TAKES UP FIGHT TO FORCE PEACE
The scene now shifted to the Senate. Here the fortunes of the resolution were placed in the hands of Senator Philander C. Knox, of Pennsylvania, Secretary of State in President Taft's cabinet and a recognized authority on international law. Senator Knox redrafted the House resolution so as to repeal specifically the joint resolutions of war against Germany on April 6, 1917, and against Austria-Hungary on December 7, 1917, and thus, by annulling Congressional action declaring a state of war, to re-establish status quo ante bellum.
Such a solution of the problem, it was felt, did not encroach at all upon the President's right of making treaties. In fact, the resolution specifically requested the President to open negotiations for the purpose of establishing friendly relations and commercial intercourse between the United States and Germany, and the United States and the successors of the Austro-Hungarian government. The resolution also provided for the retention by the United States government of all enemy property seized during the war until all American claims against enemy governments had been settled, and declared further that, although the United States had not ratified the Treaty of Versailles, nevertheless it did not waive any of the "rights, privileges, indemnities, reparations or advantages" stipulated for its benefit in the terms of that document.