A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
History
A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
Hayes, Rutherford Birchard, 1822-1893; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The most serious obstacle, however, to an improvement of the civil
service, and especially to a reform in the method of appointment and
removal, has been found to be the practice, under what is known as
the spoils system, by which the appointing power has been so largely
encroached upon by members of Congress. The first step in the reform
of the civil service must be a complete divorce between Congress and
the Executive in the matter of appointments. The corrupting
doctrine that "to the victors belong the spoils" is inseparable
from Congressional patronage as the established rule and practice of
parties in power. It comes to be understood by applicants for office
and by the people generally that Representatives and Senators are
entitled to disburse the patronage of their respective districts and
States. It is not necessary to recite at length the evils resulting
from this invasion of the Executive functions. The true principles of
Government on the subject of appointments to office, as stated in the
national conventions of the leading parties of the country, have again
and again been approved by the American people, and have not been
called in question in any quarter. These authentic expressions of
public opinion upon this all-important subject are the statement
of principles that belong to the constitutional structure of the
Government.
Under the Constitution the President and heads of Departments
are to make nominations for office. The Senate is to advise
and consent to appointments, and the House of Representatives
is to accuse and prosecute faithless officers. The best
interest of the public service demands that these distinctions
be respected; that Senators and Representatives, who may
be judges and accusers, should not dictate appointments to
office.
To this end the cooperation of the legislative department of the
Government is required alike by the necessities of the case and by
public opinion. Members of Congress will not be relieved from the
demands made upon them with reference to appointments to office until
by legislative enactment the pernicious practice is condemned and
forbidden.
It is therefore recommended that an act be passed defining the
relations of members of Congress with respect to appointment to office
by the President; and I also recommend that the provisions of section
1767 and of the sections following of the Revised Statutes, comprising
the tenure-of-office act of March 2, 1867, be repealed.
Believing that to reform the system and methods of the civil service
in our country is one of the highest and most imperative duties
of statesmanship, and that it can be permanently done only by the
cooperation of the legislative and executive departments of the
Government, I again commend the whole subject to your considerate
attention.
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