The Washington times., 1902-05-20
Consent of Congress to
Acceptance of Statue
Not Necessary.
NO PRECEDENT is ON RECORD
Gift Made as From One Nation to An
other-The President Advised by Cabi-
net-Where the Memorial of Frederick
the Great Will Stand.

President Roosevelt's decision to acceI
Emperor Williams offer to present
statue OF Frederick the Great to III
United States was not taken without III
most careful consideration. His seemip
disregard for that constitutional rrovis
ion with reference TO the necessity {
sanction by Congress of the acceptaac
Oh presents from ANY king, prince @
foreign state" by American officials wa
not the result of snap judgment. Befor
sending his response to Emperor Wi
liam, the President consulted member
OF his Cabinet, and the result of their de
liberations was that the statue might b
accepted by the President without legisla
tive action, and virtual decision that tb
statue might be placed in the grounds o
the new Army War College. to be erect
ed on the reservation of the Washington
Barracks.
III was the Presidents first idea tha,
the sanction Of Congress would be neces-
sary to enable him TO send an affirmative
response TO the German Emperor's offer.
he announced this belief to members of
his Cabine:. and was surprised 20 find
that II was not wholly in accordance with
the views Of some of them. One member
rs credited with having taken the ground
mat as the college was an executive crea-
uon, that is, the order for its formation
was issued by the President without Tho
authority of Congress, the statue Of Fred
erick the Great might properly be re-
ceived by the Executive, without tie
sanction of Congress, as a piece of ant
to be used in decorating the bujldEu, or
grounds. "
The President was not wholly con-
Sinced after listening to members of his
cabinet that he alone had the right to
accept the statue, but it was apparent
that his original PURPOSE to -efer Tho
Kaiser's offer to Congress bad hcen
shaken. He would not act. however un-
III a thorough investigation had beeu
made TO show just what was the author
u! OF tne Executive In the matter prece-
dents were cited which convinced MIR.
Roosevelt that Congress would not he a
party TO the acceptance and he accord
lngiy notified Emperor William that his
gilt would be received.
Applied to individuals.
The main ground on which Mr.. Roose.
Feit based his decision that his accept
ancc OF the statue was not in defiance
of the Federal Constitution was that the
constitutional provision applied only to
the acceptance of presents by individuals
holding positions under the United sta;es
Government, and not TO the accentance
OF presents made to the Government H.
SELL In other words. that appropriate
nf ha
preted to mean that If Emperor William
mad offered to give the statue of his an
cestor TO President Roosevelt to become
me personal property of the President. /
the authority of Congress would he nee
essary to enable Mr.. Roosevelt TO accen, |
II; but as the offer was as from tho |
German government to the Government, 1
OF tne United States, and not to apy in [
olViouai under ii, the Constitution. being
silent except as TO presents to indi-
Flduals, would not be q bar TO its ac-
ceptance without the consent of Con-
eiess. An examination of the Constitu-
ZION VIII show that the manner of ac
ceplance by the Government OF presents
to u from foreign governments is not
provided for, and that the only refer
ence is to individual members of the
government who may receive tenders of
presents from official persons in foreign
countries. The appropriate section is as
follows:
The Appropriate Section.
NO title of nobility shall be granted by
he United States; and no person holding
IN office Of profit or trust under them
shall, without the consent OF Congress.
receipt any present, emolument, office. or
itle Of any kind whatever. from any king.
'rince. or foreign state"
According to what the Presiden. learn
d from his examination of prccedepts 4,
las been customary for his predecessors
o accept presents from foreign govern
nents or rulers sent addressed to them
ersonally or 10 the Government of the
lnited States, without securing the au-
horlty OF Congress. The presents have s
OF been retained by the Presidents as
ersonal gifts. but have been sent to the ,
tate Department or some other custodian .
be placed among the official possess =
ions of the Government. I
A Case in Point.
A case in point is that OF the heroic =,
ortrstt OF his Highness. the Musbir Mo- :,
ahmed Essadek. Bey of Tunis. which is .,
1ng in the corridor Of the State Depart :,
ent' An Inscription on the painting says
lat 1t was presented as souvenir of n
$ tthe Bey's) friendship in November, y
IS. By his envoy. Gen. oitman Hashen,
.arer of letters of coincidence for the as
ssination OF President Lincoln and of 7
for the termination of the
vii war; The Bey's envoy presented
G portrait 10 President johnson as a gift
him ard his Government. and Congress
rs never asked 10 sanction .Iohnson's ac-
Ptance. Handsome vases, medals. and
her tokens Of personal and official es n,
I'm have been sent TO Presidents of the
,ited States by foreign potontates. and Gu
rs said in official circles that seldom. n an
or. has the Presidents acceptance been ma
pendent upon the authority Of Con- cl;
ass. The tender from Emperor William a.,
regarded as of this class-a present 10 ~
: Government and not to any individual ag
der 81 | Dr