ttee 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 o
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