Constitution, seem to have ignored or to have forgotten this delegation of exclusive authority, with the result that they have condemned the President in intemperate language for exercising this executive right. As to the wisdom of the way in which Mr. Wilson exercised it in directing the negotiations at Paris individual opinions may differ, but as to the legality of his conduct there ought to be but one mind. From first to last he acted entirely within his constitutional powers as President of the United States.
The duties of a diplomatic representative commissioned by the President and given full powers to negotiate a treaty are, in addition to the formal carrying out of his instructions, twofold, namely, to advise the President during the negotiation of his views as to the wise course to be adopted, and to prevent the President, in so far as possible, from taking any step in the proceedings which may impair the rights of his country or may be injurious to its interests. These duties, in my opinion, are equally imperative whether the President directs the negotiations through written instructions issuing from the White House or conducts them in person. For an American plenipotentiary to remain silent, and by his silence to give the impression that he approves a course of action which he in fact believes to be wrong in principle or contrary to good policy, constitutes a failure to perform his full duty to the President and to the country. It is his duty to speak and to speak frankly and plainly.
With this conception of the obligations of a Commissioner to Negotiate Peace, obligations which were the more compelling in my case because of my official position as Secretary of State, I felt it incumbent upon me to offer advice to the President whenever it seemed necessary to me to consider the adoption of a line of action in regard to the negotiations, and particularly so when the indications were that the President purposed to reach a decision which seemed to me unwise or impolitic. Though from the first I felt that my suggestions were received with coldness and my criticisms with disfavor, because they did not conform to the President's wishes and intentions, I persevered in my efforts to induce him to abandon in some cases or to modify in others a course which would in my judgment be a violation of principle or a mistake in policy. It seemed to me that duty demanded this, and that, whatever the consequences might be, I ought not to give tacit assent to that which I believed wrong or even injudicious.
The principal subjects, concerning which President Wilson and I were in marked disagreement, were the following: His presence in Paris during the peace negotiations and especially his presence there as a delegate to the Peace Conference; the fundamental principles of the constitution and functions of a League of Nations as proposed or advocated by him; the form of the organic act, known as the "Covenant," its elaborate character and its inclusion in the treaty restoring a state of peace; the treaty of defensive alliance with France; the necessity for a definite programme which the American Commissioners could follow in carrying on the negotiations; the employment of private interviews and confidential agreements in reaching settlements, a practice which gave color to the charge of "secret diplomacy"; and, lastly, the admission of the Japanese claims to possession of German treaty rights at Kiao-Chau and in the Province of Shantung.
Of these seven subjects of difference the most important were those relating to the League of Nations and the Covenant, though our opposite views as to Shantung were more generally known and more frequently the subject of public comment. While chief consideration will be given to the differences regarding the League and the Covenant, the record would be incomplete if the other subjects were omitted. In fact nearly all of these matters of difference are more or less interwoven and have a collateral, if not a direct, bearing upon one another. They all contributed in affecting the attitude of President Wilson toward the advice that I felt it my duty to volunteer, an attitude which was increasingly impatient of unsolicited criticism and suggestion and which resulted at last in the correspondence of February, 1920, that ended with the acceptance of my resignation as Secretary of State.
The review of these subjects will be, so far as it is possible, treated in chronological order, because, as the matters of difference increased in number, they gave emphasis to the divergence of judgment which existed between the President and myself. The effect was cumulative, and tended not only to widen the breach, but to make less and less possible a restoration of our former relations. It was my personal desire to support the President's
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