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."