CHAPTER L.

REMOVALS FROM OFFICE.

I am led to give a particular examination of this head, from the

great error into which Tocqueville has fallen in relation to it,

and which he has propagated throughout Europe to the prejudice

of republican government; and also, because the power itself is

not generally understood among ourselves as laid down by Mr.

Jefferson; and has been sometimes abused, and by each party, but

never to the degree supposed by Mons. de Tocqueville. He says, in

his chapter 8 on American democracy: "Mr. Quincy Adams, on his

entry into office, discharged the majority of the individuals who

had been appointed by his predecessor; and I am not aware that

General Jackson allowed a single removable functionary employed in

the public service to retain his place beyond the first year which

succeeded his election." Of course, all these imputed sweeping

removals were intended to be understood to have been made on account

of party politics--for difference of political opinion--and not for

misconduct, or unfitness for office. To these classes of removal

(unfitness and misconduct), there could be no objection: on the

contrary, it would have been misconduct in the President not to

have removed in such cases. Of political removals, for difference

of opinion, then, it only remains to speak; and of those officials

appointed by his predecessor, it is probable that Mr. Adams did not

remove one for political cause; and that M. de Tocqueville, with

respect to him, is wrong to the whole amount of his assertion.

I was a close observer of Mr. Adams's administration, and belonged

to the opposition, which was then keen and powerful, and permitted

nothing to escape which could be rightfully (sometimes wrongfully)

employed against him; yet I never heard of this accusation,

and have no knowledge or recollection at this time of a single

instance on which it could be founded. Mr. Adams's administration

was not a case, in fact, in which such removals--for difference

of political opinion--could occur. They only take place when the

presidential election is a revolution of parties; and that was

not the case when Mr. Adams succeeded Mr. Monroe. He belonged to

the Monroe administration, had occupied the first place in the

cabinet during its whole double term of eight years; and of course,

stood in concurrence with, and not in opposition to, Mr. Monroe's

appointments. Besides, party lines were confused, and nearly

obliterated at that time. It was called "the era of good feeling."

Mr. Adams was himself an illustration of that feeling. He had been

of the federal party--brought early into public life as such--a

minister abroad and a senator at home as such; but having divided

from his party in giving support to several prominent measures of

Mr. Jefferson's administration, he was afterwards several times

nominated by Mr. Madison as minister abroad; and on the election of

Mr. Monroe he was invited from London to be made his Secretary of

State--where he remained till his own election to the Presidency.

There was, then, no case presented to him for political removals;

and in fact none such were made by him; so that the accusation of

M. de Tocqueville, so far as it applied to Mr. Adams, is wholly

erroneous, and inexcusably careless.

With respect to General Jackson, it is about equally so in the main

assertion--the assertion that he did not allow a single removable

functionary to remain in office beyond the first year after his

election. On the contrary, there were entire classes--all those

whose functions partook of the judicial--which he never touched.

Boards of commissioners for adjudicating land titles; commissioners

for adjudicating claims under indemnity treaties; judges of the

territorial courts; justices of the District of Columbia; none

of these were touched, either in the first or in any subsequent

year of his administration, except a solitary judge in one of

the territories; and he not for political cause, but on specific

complaint, and after taking the written and responsible opinion of

the then Attorney General, Mr. Grundy. Of the seventeen diplomatic

functionaries abroad, only four (three ministers and one chargé des

affaires) were recalled in the first year of his administration.

In the departments at Washington, a majority of the incumbents

remained opposed to him during his administration. Of the near

eight thousand deputy postmasters in the United States, precisely

four hundred and ninety-one were removed in the time mentioned by

Mons. de Tocqueville, and they for all causes--for every variety

of causes. Of the whole number of removable officials, amounting

to many thousands, the totality of removals was about six hundred

and ninety and they for all causes. Thus the government archives

contradict Mons. de Tocqueville, and vindicate General Jackson's

administration from the reproach cast upon it. Yet he came into

office under circumstances well calculated to excite him to make

removals. In the first place, none of his political friends, though

constituting a great majority of the people of the United States,

had been appointed to office during the preceding administration;

and such an exclusion could not be justified on any consideration.

His election was, in some degree, a revolution of parties, or

rather a re-establishment of parties on the old line of federal and

democratic. It was a change of administration, in which a change

of government functionaries, to some extent, became a right and a

duty; but still the removals actually made, when political, were

not merely for opinions, but for conduct under these opinions;

and, unhappily, there was conduct enough in too many officials to

justify their removal. A large proportion of them, including all

the new appointments, were inimical to General Jackson, and divided

against him on the re-establishment of the old party lines; and many

of them actively. Mr. Clay, holding the first place in Mr. Adams's

cabinet, took the field against him, travelled into different

States, declaimed against him at public meetings; and deprecated

his election as the greatest of calamities. The subordinates of

the government, to a great degree, followed his example, if not in

public speeches, at least in public talk and newspaper articles;

and it was notorious that these subordinates were active in the

presidental election. It was a great error in them. It changed

their position. By their position all administrations were the

same to them. Their duties were ministerial, and the same under

all Presidents. They were noncombatants. By engaging in the

election they became combatant, and subjected themselves to the

law of victory and defeat--reward and promotion in one case, loss

of place in the other. General Jackson, then, on his accession to

the Presidency, was in a new situation with respect to parties,

different from that of any President since the time of Mr.

Jefferson, whom he took for his model, and whose rule he followed.

He made many removals, and for cause, but not so many as not to

leave a majority in office against him--even in the executive

departments in Washington City.

Mr. Jefferson had early and anxiously studied the question of

removals. He was the first President that had occasion to make them,

and with him the occasion was urgent. His election was a complete

revolution of parties, and when elected, he found himself to be

almost the only man of his party in office. The democracy had been

totally excluded from federal appointment during the administration

of his predecessor; almost all offices were in the hands of his

political foes. I recollect to have heard an officer of the army

say that there was but one field officer in the service favorable

to him. This was the type of the civil service. Justice to himself

and his party required this state of things to be altered; required

his friends to have a share proportionate to their numbers in the

distribution of office; and required him to have the assistance

of his friends in the administration of the government. The four

years' limitation law--the law which now vacates within the cycle

of every Presidential term the great mass of the offices--was not

then in force. Resignations then, as now, were few. Removals were

indispensable, and the only question was the principle upon which

they should be made. This question, Mr. Jefferson studied anxiously,

and under all its aspects of principle and policy, of national and

of party duty; and upon consultation with his friends, settled

it to his and their satisfaction. The fundamental principle was,

that each party was to have a share in the ministerial offices,

the control of each branch of the service being in the hands of

the administration; that removals were only to be made for cause;

and, of course, that there should be inquiry into the truth of

imputed delinquencies. "Official misconduct," "personal misconduct,"

"negligence," "incapacity," "inherent vice in the appointment,"

"partisan electioneering beyond the fair exercise of the elective

franchise;" and where "the heads of some branches of the service

were politically opposed to his administration"--these, with Mr.

Jefferson, constituted the law of removals, and was so written

down by him immediately after his inauguration. Thus, March 7th,

1801--only four days after his induction into office--he wrote to

Mr. Monroe:

"Some removals, I know, must be made. They must be as few as

possible, done gradually, and bottomed on some malversation,

or inherent disqualification. Where we should draw the line

between retaining all and none, is not yet settled, and will

not be until we get our administration together; and, perhaps,

even then we shall proceed _à tatons_, balancing our measures

according to the impression we perceive them to make."

On the 23d of March, 1801, being still in the first month of his

administration, Mr. Jefferson wrote thus to Gov. Giles, of Virginia:

"Good men, to whom there is no objection but a difference

of political opinion, practised on only so far as the right

of a private citizen will justify, are not proper subjects

of removal, except in the case of attorneys and marshals.

The courts being so decidedly federal and irremovable, it is

believed that republican attorneys and marshals, being the doors

of entrance into the courts, are indispensably necessary as a

shield to the republican part of our fellow-citizens; which, I

believe, is the main body of the people."

Six days after, he wrote to Elbridge Gerry, afterwards

Vice-President, thus:

"Mr. Adams's last appointments, when he knew he was appointing

counsellors and aids for me, not for himself, I set aside as

fast as depends on me. Officers who have been guilty of gross

abuse of office, such as marshals packing juries, &c., I shall

now remove, as my predecessors ought in justice to have done.

The instances will be few, and governed by strict rule, and not

party passion. The right of opinion shall suffer no invasion

from me. Those who have acted well have nothing to fear, however

they may have differed from me in opinion: those who have

done ill, however, have nothing to hope; nor shall I fail to

do justice, lest it should be ascribed to that difference of

opinion."

To Mr. Lincoln, his Attorney-General, still writing in the first

year of his administration, he says:

"I still think our original idea as to office is best; that

is, to depend, for obtaining a just participation, on deaths,

resignations and delinquencies. This will least affect the

tranquillity of the people, and prevent their giving into the

suggestion of our enemies--that ours has been a contest for

office, not for principle. This is rather a slow operation, but

it is sure, if we pursue it steadily, which, however, has not

been done with the undeviating resolution I could have wished.

To these means of obtaining a just share in the transaction of

the public business, shall be added one more, to wit, removal

for electioneering activity, or open and industrious opposition

to the principles of the present government, legislative

and executive. Every officer of the government may vote at

elections according to his conscience; but we should betray the

cause committed to our care, were we to permit the influence

of official patronage to be used to overthrow that cause.

Your present situation will enable you to judge of prominent

offenders in your State in the case of the present election.

I pray you to seek them, to mark them, to be quite sure of

your ground, that we may commit no errors or wrongs; and leave

the rest to me. I have been urged to remove Mr. Whittemore,

the surveyor of Gloucester, on grounds of neglect of duty and

industrious opposition; yet no facts are so distinctly charged

as to make the step sure which we should take in this. Will you

take the trouble to satisfy yourself on the point?"

This was the law of removals as laid down by Mr. Jefferson, and

practised upon by him, but not to the extent that his principle

required, or that public outcry indicated. He told me himself, not

long before his death (Christmas, 1824), that he had never done

justice to his own party--had never given them the share of office

to which their numbers entitled them--had failed to remove many

who deserved it, but who were spared through the intercession of

friends and concern for their distressed families. General Jackson

acted upon the rule of Mr. Jefferson, but no doubt was often misled

into departures from the rule; but never to the extent of giving to

the party more than their due proportion of office, according to

their numbers. Great clamor was raised against him, and the number

of so-called "removals" was swelled by an abuse of the term, every

case being proclaimed a "removal," where he refused to reappoint an

ex-incumbent whose term had expired under the four years' limitation

act. Far from universal removals for opinion's sake, General

Jackson, as I have already said, left the majority of his opponents

in office, and re-appointed many such whose terms had expired, and

who had approved themselves faithful officers.

Having vindicated General Jackson and Mr. Adams from the reproach

of Mons. de Tocqueville, and having shown that it was neither a

principle nor a practice of the Jefferson school to remove officers

for political opinions, I now feel bound to make the declaration,

that the doctrine of that school has been too much departed from of

late, and by both parties, and to the great detriment of the right

and proper working of the government.

The practice of removals for opinion's sake is becoming too

common, and is reducing our presidential elections to what Mr.

Jefferson deprecated, "a contest of office instead of principle,"

and converting the victories of each party, so far as office is

concerned, into the political extermination of the other; as it was

in Great Britain between the whigs and tories in the bitter contests

of one hundred years ago, and when the victor made a "clean sweep"

of the vanquished, leaving not a wreck behind. Mr. Macaulay thus

describes one of those "sweepings:"

"A persecution, such as had never been known before, and has

never been known since, raged in every public department.

Great numbers of humble and laborious clerks were deprived of

their bread, not because they had neglected their duties, not

because they had taken an active part against the ministry, but

merely because they had owed their situations to some (whig)

nobleman who was against the peace. The proscription extended

to tidewaiters, to doorkeepers. One poor man, to whom a pension

had been given for his gallantry in a fight with smugglers, was

deprived of it because he had been befriended by the (whig) Duke

of Grafton. An aged widow, who, on account of her husband's

services in the navy, had, many years before, been made

housekeeper in a public office, was dismissed from her situation

because she was distantly connected by marriage with the (whig)

Cavendish family."

This, to be sure, was a tory proscription of whigs, and therefore

the less recommendable as an example to either party in the United

States, but too much followed by both--to the injury of individuals,

the damage of the public service, the corruption of elections, and

the degradation of government. De Tocqueville quotes removals as

a reproach to our government, and although untrue to the extent

he represented, the evil has become worse since, and is true to

a sufficient extent to demand reform. The remedy is found in Mr.

Jefferson's rule, and in the four years' limitation act which has

since been passed; and under which, with removals for cause, and

some deaths, and a few resignations, an ample field would be found

for new appointments, without the harshness of general and sweeping

removals.

I consider "sweeping" removals, as now practised by both parties, a

great political evil in our country, injurious to individuals, to

the public service, to the purity of elections, and to the harmony

and union of the people. Certainly, no individual has a right to an

office: no one has an estate or property in a public employment; but

when a mere ministerial worker in a subordinate station has learned

its duties by experience, and approved his fidelity by his conduct,

it is an injury to the public service to exchange him for a novice,

whose only title to the place may be a political badge or a partisan

service. It is exchanging experience for inexperience, tried ability

for untried, and destroying incentive to good conduct by destroying

its reward. To the party displaced it is an injury, having become a

proficient in that business, expecting to remain in it during good

behavior, and finding it difficult, at an advanced age, and with

fixed habits, to begin a new career in some new walk of life. It

converts elections into scrambles, for office, and degrades the

government into an office for rewards and punishments; and divides

the people of the Union into two adverse parties--each in its turn,

and as it becomes dominant, to strip and proscribe the other.

Our government is a Union. We want a united _people_, as well as

united _States_--united for benefits as well as for burdens, and

in feeling as well as in compact; and this cannot be while one

half (each in its turn) excludes the other from all share in the

administration of the government. Mr. Jefferson's principle is

perfect, and reconciled public and private interest with party

rights and duties. The party in power is responsible for the

well-working of the government, and has a right, and is bound by

duty to itself, to place its friends at the head of the different

branches of the public service. After that, and in the subordinate

places, the opposite party should have its share of employment;

and this Mr. Jefferson's principle gives to it. But as there are

offices too subordinate for party proscription, so there are others

too elevated and national for it. This is now acknowledged in the

army and navy, and formerly was acknowledged in the diplomatic

department; and should be again. To foreign nations we should, at

least, be one people--an undivided people, and that in peace as

well as in war. Mr. Jefferson's principle reached this case, and

he acted upon it. His election was not a signal gun, fired for the

recall of all the ministers abroad, to be succeeded incontinently

by partisans of its own. Mr. Rufus King, the most eminent of the

federal ministers abroad, and at the most eminent court of Europe,

that of St. James, remained at his post for two years after the

revolution of parties in 1800; and until he requested his own

recall, treated all the while with respect and confidence, and

intrusted with a negotiation which he conducted to its conclusion.

Our early diplomatic policy, eschewing all foreign entanglement,

rejected the office of "minister resident." That early republican

policy would have no permanent representation at foreign courts. The

"envoy extraordinary and minister plenipotentiary," called out on

an emergent occasion, and to return home as soon as the emergency

was over, was the only minister known to our early history;

and then the mission was usually a mixed one, composed of both

parties. And so it should be again. The present permanent supply

and perpetual succession of "envoys extraordinary and ministers

plenipotentiary" is a fraud upon the name, and a breach of the old

policy of the government, and a hitching on American diplomacy to

the tail of the diplomacy of Europe. It is the actual keeping up

of "ministers resident" under a false name, and contrary to a wise

and venerable policy; and requires the reform hand of the House of

Representatives. But this point will require a chapter of its own,

and its elucidation must be adjourned to another and a separate

place.

Mons. de Tocqueville was right in the principle of his reproach,

wrong in the extent of his application, but would have been less

wrong if he had written of events a dozen years later. I deprecate

the effect of such sweeping removals at each revolution of parties,

and believe it is having a deplorable effect both upon the purity

of elections and the distribution of office, and taking both out

of the hands of the people, and throwing the management of one and

the enjoyment of the other into most unfit hands. I consider it as

working a deleterious change in the government, making it what Mr.

Jefferson feared: and being a disciple of his school, and believing

in the soundness and nationality of the rule which he laid down, I

deem it good to recall it solemnly to public recollection--for the

profit, and hope, of present and of future times.

Thirty Years' View (Vol. 1 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 50 / 166 章