David Hunter Miller to Colonel House
Title
David Hunter Miller to Colonel House
Creator
Miller, David Hunter, 1875-1961
Identifier
WWP25237
Date
1918 October 6
Description
Legal ruling on the constitutionality of President Wilson going to France to take part in the Peace Conference.
Source
Library of Congress, Woodrow Wilson Papers
Publisher
Woodrow Wilson Presidential Library & Museum
Subject
Paris Peace Conference (1919-1920)
Constitution (United States)
Contributor
Morgan Willer
Language
English
Provenance
Document scan was taken from Library of Congress microfilm reel of the Wilson Papers. WWPL volunteers transcribed the text.
Text
Washington, DC
My dear Colonel House:
The formal opinion prepared, pursuant to your instructions, regarding the possibility of the presence of the President at the Peace Conference in Europe at the close of this war, is transmitted to you herewith.
While not all of the relevant precedents and authorities collected have been cited or discussed in the opinion, it is somewhat prolonged, though not I trust, unduly so, considering the importance of the subject.
In view of the fact, however, I venture upon a summary statement of the questions involved and of my answers thereto.
The questions which the subject presents are as follows:
First: Do the provisions of the Constitution permit the President to attend such a Peace Conference in Europe?
Second: In such case, would any of the powers or duties of the President devolve upon the Vice President?
A consideration of the powers and duties of the President shows that legally, Executive acts may be, and historically, from the foundation of this Government, have been, performed away from the seat of Government; that the President is the sole organ of intercourse between this Government and others; that Executive agreements with other powers are made by him exclusively; that negotiations relating to Treaties or proposed Treaties are conducted by him at his discretion; and that all of his powers and duties regarding the foreign relations of this country may be performed by him personally, or by such agents as he may select, according to his discretion in the matter; that the powers of the President as Commander in Chief of the forces of the United States permit and may require his presence with, and indeed his personal command of our armies in the field or our navy upon the seas or both; that those functions of the Executive which pertain to legislation may properly be exercised away from the seat of Government; and generally that the Executive functions of the President require the exercise of his discretion as to the time, manner, method and place of their performance.
These views are supported by authorities and precedents of great weight, legal and historical, and among those cited are various acts and statements of Washington, of Lincoln, of Grant, of Mr. Roosevelt and of Mr. Taft.
Under the facts assumed, the Peace Conference would take place in Europe, and as the war cannot end before the signature of the Treaty of Peace, the United States would then be at war and would have some millions of its troops in Europe and Asia and a large part of its navy in European and Asiatic waters.
My answer to the first question therefore, is that if the President, in the exercise of his discretion, determines that in the interests of the United States his presence at the Peace Conference is advisable, such presence is not only within his functions under the Constitution, but is also a solemn duty imposed upon him.
My answer to the first question is in reality an answer also to the second; as under the Constitution the functions of the Executive are indivisible, in the sense that they are all at any given time to be performed by one person, namely, by the President, if he deems it advisable that certain of these functions should be performed in a particular place, necessarily his other functions are there to be performed as may be convenient, and as the discretion of the Executive may require.
As under the circumstances supposed the President would be in Europe pursuant to his functions under the Constitution, and in performance of duties imposed upon him by that instrument, there would necessarily not exist in any sense the Constitutional “Inability” and none of the powers and duties of the President would, during his absence from the United States, devolve upon the Vice President.
Yours faithfully,
David Hunter Miller
Colonel EM House
New York.
My dear Colonel House:
The formal opinion prepared, pursuant to your instructions, regarding the possibility of the presence of the President at the Peace Conference in Europe at the close of this war, is transmitted to you herewith.
While not all of the relevant precedents and authorities collected have been cited or discussed in the opinion, it is somewhat prolonged, though not I trust, unduly so, considering the importance of the subject.
In view of the fact, however, I venture upon a summary statement of the questions involved and of my answers thereto.
The questions which the subject presents are as follows:
First: Do the provisions of the Constitution permit the President to attend such a Peace Conference in Europe?
Second: In such case, would any of the powers or duties of the President devolve upon the Vice President?
A consideration of the powers and duties of the President shows that legally, Executive acts may be, and historically, from the foundation of this Government, have been, performed away from the seat of Government; that the President is the sole organ of intercourse between this Government and others; that Executive agreements with other powers are made by him exclusively; that negotiations relating to Treaties or proposed Treaties are conducted by him at his discretion; and that all of his powers and duties regarding the foreign relations of this country may be performed by him personally, or by such agents as he may select, according to his discretion in the matter; that the powers of the President as Commander in Chief of the forces of the United States permit and may require his presence with, and indeed his personal command of our armies in the field or our navy upon the seas or both; that those functions of the Executive which pertain to legislation may properly be exercised away from the seat of Government; and generally that the Executive functions of the President require the exercise of his discretion as to the time, manner, method and place of their performance.
These views are supported by authorities and precedents of great weight, legal and historical, and among those cited are various acts and statements of Washington, of Lincoln, of Grant, of Mr. Roosevelt and of Mr. Taft.
Under the facts assumed, the Peace Conference would take place in Europe, and as the war cannot end before the signature of the Treaty of Peace, the United States would then be at war and would have some millions of its troops in Europe and Asia and a large part of its navy in European and Asiatic waters.
My answer to the first question therefore, is that if the President, in the exercise of his discretion, determines that in the interests of the United States his presence at the Peace Conference is advisable, such presence is not only within his functions under the Constitution, but is also a solemn duty imposed upon him.
My answer to the first question is in reality an answer also to the second; as under the Constitution the functions of the Executive are indivisible, in the sense that they are all at any given time to be performed by one person, namely, by the President, if he deems it advisable that certain of these functions should be performed in a particular place, necessarily his other functions are there to be performed as may be convenient, and as the discretion of the Executive may require.
As under the circumstances supposed the President would be in Europe pursuant to his functions under the Constitution, and in performance of duties imposed upon him by that instrument, there would necessarily not exist in any sense the Constitutional “Inability” and none of the powers and duties of the President would, during his absence from the United States, devolve upon the Vice President.
Yours faithfully,
David Hunter Miller
Colonel EM House
New York.
Original Format
Letter
To
House, Edward Mandell, 1858-1938
Files
Collection
Citation
Miller, David Hunter, 1875-1961, “David Hunter Miller to Colonel House,” 1918 October 6, WWP25237, World War I Letters, Woodrow Wilson Presidential Library & Museum, Staunton, Virginia.