President Hayes’s Civil Service Order.
Executive Mansion, Washington, June 22, 1877.
Sir:—I desire to call your attention to the following paragraph in a letter addressed by me to the Secretary of the Treasury, on the conduct to be observed by the officers of the General Government in relation to the elections:
“No officer should be required or permitted to take part in the management of political organizations, caucuses, conventions or election campaigns. Their right to vote and to express their views on public questions, either orally or through the press, is not denied, provided it does not interfere with the discharge of their official duties. No assessment for political purposes on officers or subordinates should be allowed.”
This rule is applicable to every department of the Civil Service. It should be understood by every officer of the General Government that he is expected to conform his conduct to its requirements.
Very respectfully, R. B. Hayes.
Some of the protests were strong, and it is difficult to say whether Curtis, Julian, or Eaton—its three leading advocates—or the politicians, had the best of the argument. It was not denied, however, that a strong and very respectable sentiment had been created in favor of the reform, and to this sentiment all parties, and the President as well, made a show of bowing. It was fashionable to insert civil service planks in National and State platforms, but it was not such an issue as could live in the presence of more exciting ones; and while to this day it has earnest and able advocates, it has from year to year fallen into greater disuse. Actual trial showed the impracticability of some of the rules, and President Grant lost interest in the subject, as did Congress, for in several instances it neglected to appropriate the funds necessary to carry out the provisions of the law. President Arthur, in his message, to Congress in December, 1881, argued against its full application, and showed that it blocked the way to preferment, certainly of the middle-aged and older persons, who could not recall their early lessons acquired by rote; that its effect was to elevate the inexperienced to positions which required executive ability, sound judgment, business aptitude, and experience. The feature of the message met the endorsement of nearly the entire Republican press, and at this writing the sentiment, at least of the Republican party, appears to favor a partial modification of the rules.
The system was begun January 1st, 1872, but in December, 1874, Congress refused to make any appropriations, and it was for a time abandoned, with slight and spasmodic revivals under the administration of President Hayes, who issued the foregoing order.
By letter from the Attorney-General, Charles Devens, August 1, 1877, this order was held to apply to the Pennsylvania Republican Association at Washington. Still later there was a further exposition, in which Attorney-General Devens, writing from Washington in October 1, 1877, excuses himself from active participation in the Massachusetts State campaign, and says: “I learn with surprise and regret that any of the Republican officials hesitate either to speak or vote, alleging as a reason the President’s recent Civil Service order. In distinct terms that order states that the right of officials to vote and express their views on public questions, either orally or through the press, is not denied, provided it does not interfere with the discharge of their official duties. If such gentlemen choose not to vote, or not to express or enforce their views in support of the principles of the Republican party, either orally or otherwise, they, at least, should give a reason for such a course which is not justified by the order referred to, and which is simply a perversion of it.”
Yet later, when the interest in the Pennsylvania election became general, because of the sharp struggle between Governor Hoyt and Senator Dill for Governor, a committee of gentlemen (Republicans) visited President Hayes and induced him to “suspend the operation of the order” as to Pennsylvania, where political contributions were collected.
And opposition was manifested after even the earlier trials. Benjamin F. Butler denounced the plan as English and anti-Republican, and before long some of the more radical Republican papers, which had indeed given little attention to the subject, began to denounce it as a plan to exclude faithful Republicans from and permit Democrats to enter the offices. These now argued that none of the vagaries of political dreamers could ever convince them that a free Government can be run without political parties; that while rotation in office may not be a fundamental element of republican government, yet the right of the people to recommend is its corner-stone; that civil service would lead to the creation of rings, and eventually to the purchase of places; that it would establish an aristocracy of office-holders, who could not be removed at times when it might be important, as in the rebellion for the Administration to have only friends in public office; that it would establish grades and life-tenures in civic positions, etc.
For later particulars touching civil service, see the Act of Congress of 1883, and the regulations made pursuant to the same in Book V.