865.857 An 2/110a
The Secretary of State to President Wilson
My Dear Mr. President: As a matter of precaution I think that we should consider what action should be taken in case Austria fails to meet our demands or refuses to do so.
The severance of diplomatic relations, under normal conditions, would not be considered an act of war but merely an expression of disfavor. Under present conditions, however, I feel convinced that that course would be looked upon as hostile by Austria, and would result in war.
If my surmise is correct and war is the inevitable consequence of breaking off relations, should the Government take that action without consulting Congress, the war-making power?
I know from information which has been received from various quarters that the conduct of the Administration, if war results from the stand we have taken in the Ancona case, will be attacked on the ground that Congress alone has power to declare war and that the Executive exceeds his power if he brings about a situation which must eventuate in war. Perhaps this would be an unjustifiable criticism, and yet there seems to be a measure of reason in it on account of the constitutional provision. In fact I am not at all certain in my own mind that it is not a sound position.
It might be avoided by laying the papers in the case before Congress with an address dealing with the situation and showing that, while the dignity of the United States precludes continued relations with Austria, the Administration realizes that the severance of relations would in all probability bring about a state of war, and that, therefore, in view of the power conferred on Congress, the papers are presented to it before such action is taken in order to obtain its approval and to avoid any charge of infringement upon the constitutional rights of the Legislative by the Executive.
I do not say that I consider this the best course to pursue, but it has the merit of placing the responsibility where it legally belongs, although the conduct of the negotiations created a situation which seems to offer no other solution than the breaking off of diplomatic relations.
[Page 508]In submitting the foregoing I do so only because it seems to me that possibly the future action should be considered carefully and a decision reached before the time arrives to act.
Faithfully yours,