CHAPTER XXIX

TITLES AND DECORATIONS FROM FOREIGN POWERS

The Constitution of the United States provides:

"No title of nobility shall be granted by the United States, and

no person holding any office of profit or trust under them shall,

without the consent of Congress, accept of any present, emolument,

office, or title of any kind whatever from any king, prince, or

foreign State."

When I became chairman of the Committee on Foreign Relations, there

were numerous bills pending, and numerous requests submitted through

the State Department, for authority, on the part of officers of

the United States, to accept gifts and decorations from foreign

Governments. At first I was disposed to consent to the report and

passage of such bills, and during the first year or two they were

reported from the committee from time to time and passed in the

Senate. The House did not act upon the individual bills, but a so-

called "omnibus bill" was passed in the House containing all the

bills that previously had been passed by the Senate, and in addition

quite a number of House bills. I had not realized until then how

extensive the practice had become, and I thereupon determined to

use what influence I had to put a stop to it. Since then but two

decorative bills of an exceptionally meritorious nature, one in

favor of Captain T. deWitt Wilcox, and one in favor of Admiral B.

H. McCalla, have been enacted by Congress.

I thoroughly disapprove of the practice, and wanted to put an

effectual stop to it. At the same time the requests came pouring

in from session to session, and certain Senators, both on the

committee and others who were not members of it, insisted and urged

that favorable action be taken in behalf of officers of the United

States in whom they were interested. After more than two hundred

requests had accumulated, I determined to appoint a subcommittee

to consider the whole matter and report to the committee such cases

as were meritorious, or to adopt a general rule against the whole

practice. As chairman of that subcommittee, I appointed Mr. Root,

and with him Mr. Lodge, Mr. Carter, Mr. Bacon, and Mr. Stone. The

subcommittee, on March 10, 1910, submitted its report, which was

adopted by the full committee and submitted to the Senate. Besides

reviewing at considerable length the reasons for legislation, the

report included the following salient features:

First, the existence of the provision in the Constitution indicates

that the presumption is against the acceptance of the present,

emolument, office, or title. A habit of general and indiscriminate

consent by Congress upon such applications would tend practically

to nullify the Constitutional provision, which is based upon an

apprehension, not without foundation, that our officers may be

affected in the performance of their duties by the desire to receive

such recognition from other Governments. A strong support for the

view that the practice should not be allowed to become general is

to be found in the fact that the Government of the United States

does not confer decorations or titles, or--unless in very exceptional

cases--make presents to the officers of other Governments. The

report then recommended that the following five rules be observed;

"1. That no decoration should be received unless possibly when it

is conferred for some exceptional, extraordinary, and highly

meritorious act, justifying beyond dispute a special mark of

distinction.

"2. That no presents should be received except such articles as

are appropriate for souvenirs and marks of courtesy and appreciation,

and having an intrinsic value not disproportionate to such a

purpose.

"3. That the acceptance of presents within the limitation above

stated should be further limited to cases in which some exceptional

service or special relation justifying the mark of courtesy exists

between the recipient and the Government offering the present.

"4. That no offer of any other title or emolument or office should

be considered.

"5. We consider that membership in learned societies, even though

the appointment thereto may have a _quasi_ Governmental origin,

should not be considered as coming within the Constitutional

provision, and it may well be that as to certain trifling gifts,

such as photographs, the rule of _de minimis lex non curat_ should

be deemed to apply."

I agreed to the report of the subcommittee and agreed to the bill,

permitting certain officers to accept the presents tendered to

them, where there were good reasons therefor; but I am free to say

that I was somewhat disappointed that the subcommittee had not

reported in favor of abolishing the practice entirely, instead of

discriminating between presents and decorations, as they did.

The bill passed the Senate without debate and without objection.

It went to the House, and the House Committee on Foreign Affairs,

through Mr. Denby, of Michigan, submitted a most admirable report,

which was far more in line with my own ideas than was the report

of the Senate Committee on Foreign Relations. I agree with the

conclusions arrived at by the Committee on Foreign Affairs so

thoroughly that I am going to give most of that report here:

" . . . The subcommittee expresses the hope that this adverse

disposition of these bills, which contains items fairly representative

of the great majority of the requests for Congressional sanction

for the acceptance of foreign orders, decorations, or presents, by

officials of the United States, will be regarded as notice to

officials of the United States that this committee at least, and

it is hoped all future committees dealing with this subject-matter,

will refuse to consider such requests, except as hereinafter noted.

"The Committee of Foreign Affairs has been required to devote much

time to the consideration of bills to grant permission to accept

such gifts. The committee has in the past very generally declined

to recommend favorably any such legislation, except in the case of

decorations offered to American citizens by official or quasi-

official scientific associations for eminent scientific achievements."

Article 1, section 9, paragraph 8, of the Constitution of the United

States is quoted, and the report proceeds:

"The Congress has been frequently importuned since the adoption of

the Constitution to grant its consent for the acceptance of orders,

decorations, and presents offered to officials of our Government,

frequently upon pretexts the most trivial and for services the most

commonplace, when services of any kind were rendered at all. A

glance at the requests now on file, summarized in Calendar No. 378,

which accompanies S. 7096, will show that the offers of foreign

gifts, decorations, etc., have been made in the great majority of

cases to officials for services in the direct line of their duty,

and which in themselves, in the majority of cases, were not deserving

of any special commendation. Following a practice which, because

of reciprocal considerations, probably operates satisfactorily

between foreign powers, the Governments of the world frequently

tender to our officers decorations or presents upon such occasions

as the first visit of a fleet to a foreign power, or the presence

of individual officers representing our Government at reviews and

public ceremonials, and to our diplomatic officials upon the

termination of their missions, or upon occasions of rejoicing,

jubilees of sovereigns, etc. While the practice of exchanging such

graceful souvenirs is not unpleasing among the nations which

recognize and reciprocate the courtesy, it is entirely inappropriate

that officials of this Government should accept, or desire to

accept, such presents.

"The prohibition of the Constitution appears to have been put there

out of a well-founded desire to safeguard our officials from the

insidious influence of a natural but not desirable sense of obligation

toward the powers donor. The history of nations abounds with

instances of the giving of rich presents to retiring ambassadors

and ministers upon the conclusion of treaties or the satisfactory

termination of negotiations. There can be no doubt of the danger

of recognizing that the agent of our Government may properly be

compensated by another to which he is accredited. Another and

obvious objection to permitting our officials to receive gifts or

decorations from foreign powers is that, having no orders of nobility

and no decorations in this country, and not recognizing the propriety

of offering to officials of other powers, we can in no way reciprocate.

It is beneath the dignity of the American Government to receive,

through its representatives, presents for which it can make no

return. The Constitutional prohibition is, in the opinion of the

subcommittee, a wise one, to which Congress should very seldom

permit any exception.

"Therefore the subcommittee earnestly hopes that the Committee may

put itself on record so unequivocally in this instance as to clearly

indicate that it will not, except under circumstances the most

unusual and extraordinary, grant permission to any official of the

Government to receive such presents.

"To that end the subcommittee further recommends that this report

may, by resolution, be adopted as expressing the view of the members

of the Committee on Foreign Affairs of the House of Representatives;

that this report may be printed, and that a copy may be communicated

to the Secretary of State.

"(Signed) Edwin Denby,

"H. W. Palmer,

"H. D. Flood, Subcommittee,

"Adopted by the Committee of Foreign Affairs, April 7, 1910.

"Frederic L. Davis, Clerk."

I have no doubt that these two reports, first the report of the

Committee on Foreign Relations of the Senate, and second, the report

of the Committee on Foreign Affairs of the House, taken together,

will effectually stop the application for permission to accept both

presents and decorations from foreign Governments. Indeed, I do

not think that the Secretary of State will again consent to apply

to Congress in behalf of officers who have been tendered presents

and decorations.

Fifty Years of Public Service Personal Recollections of Shelby M. Cullom, Senior United States Senator from Illinois · 第 29 / 34 章