B-154213, DEC. 28, 1964

B-154213, DEC. 28, 1964

TO MR. HARVEY E. WARD, USCG, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 28, 1964, FORWARDED TO OUR OFFICE BY THE COMMANDANT, UNITED STATES COAST GUARD, REQUESTING RECONSIDERATION OF THE ACTION TAKEN IN OUR DECISION OF SEPTEMBER 11, 1964, B-154213, IN WHICH WE HELD THAT YOUR EMPLOYMENT BY THE DEPARTMENT OF EDUCATION OF THE STATE OF TASMANIA, AUSTRALIA, WAS IN VIOLATION OF THE EIGHTH CLAUSE OF ARTICLE 1, SECTION 9, OF THE UNITED STATES CONSTITUTION.

PRIOR TO ACCEPTANCE OF THE TEACHING POSITION YOU HAD BEEN WARNED OF THE POSSIBILITY OF LOSING YOUR CITIZENSHIP AND THE BENEFITS FLOWING THEREFROM IF YOU SHOULD ACCEPT EMPLOYMENT REQUIRING AN OATH OR AFFIRMATION OF ALLEGIANCE TO A FOREIGN STATE AND YOU TOOK THE NECESSARY STEPS TO AVOID THAT SITUATION. HOWEVER, YOU SAY THAT YOU WERE NOT ADVISED THAT ACCEPTANCE OF THE TEACHING POSITION IN QUESTION MIGHT BE CONSTRUED AS A VIOLATION OF THE CONSTITUTIONAL PROVISION CITED ABOVE.

THE SOLE BASIS OF YOUR REQUEST FOR REVIEW IS THAT YOU ACTED IN GOOD FAITH AND HAD NO KNOWLEDGE OF THE IMPROPRIETY OF YOUR EMPLOYMENT PRIOR TO RECEIPT OF THE LETTER OF JANUARY 16, 1964, ADDRESSED TO YOU FROM THE CHIEF COUNSEL, UNITED STATES COAST GUARD. THE FAILURE OF THE COAST GUARD TO INFORM YOU EARLIER OF THE CONSEQUENCES OF EMPLOYMENT BY THE STATE OF TASMANIA, AUSTRALIA, DOES NOT ALTER THE FACT THAT SALARY IN PAYMENT FOR SUCH EMPLOYMENT IS AN "EMOLUMENT" FROM A "FOREIGN STATE.' AS POINTED OUT IN OUR DECISION OF SEPTEMBER 11, 1964, ACCEPTANCE OF SUCH AN EMOLUMENT BY ONE WHO HOLDS AN OFFICE OF PROFIT OR TRUST UNDER THE UNITED STATES IS PROHIBITED WITHOUT THE CONSENT OF THE CONGRESS.

IN THE PAST CONGRESS HAS CONSENTED TO THE ACCEPTANCE OF VARIOUS AWARDS FROM FOREIGN GOVERNMENTS WHICH, WITHOUT SUCH CONSENT, WOULD HAVE BEEN PROHIBITED BY THE EIGHTH CLAUSE OF ARTICLE 1 OF SECTION 9 OF THE CONSTITUTION. SEE THE ACT OF AUGUST 27, 1958, PRIVATE LAW 85-704, 72 STAT. A159, CITED IN OUR DECISION OF SEPTEMBER 11, 1964.