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Story May 30, 1868

Springfield Weekly Republican

Springfield, Hampden County, Massachusetts

What is this article about?

Historical account of the Tenure of Office Bill's origins, conceived by Col. J.A. Hamilton in 1858 to curb presidential patronage and improve civil service, discussed with legal experts, and passed in 1866 via Senator Henderson.

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History of the Tenure of Office Bill.

A correspondent of the New York Tribune gives the following history of the tenure-of-office bill, which has lately been in so much dispute:—

It had its source in the brain of a gentleman who has given great attention to questions of constitutional law, and who inherits something of the ingenuity of his distinguished father in these matters, Col. J. A. Hamilton, son of the celebrated Alexander Hamilton. Col. Hamilton had for many years felt the immense evil of the inordinate patronage conferred upon the president, and the inefficiency of our civil service, consequent on the frequent change of office. A long study of constitutional law had given him the conviction that the president did not possess the power to remove without the consent of the Senate. In order to subject his views to discussion, a dinner party of gentlemen, more or less interested in such questions, was arranged at his house on the Hudson river, in December, 1858. There were present Messrs. D. D. Field, W. M. Evarts, C. A. Dana (then editor of the Tribune), E. L. Godkin (now editor of The Nation), C. L. Brace and others. Messrs. Raymond and Bryant were invited, but were not able to be present. After the cloth was removed, Col. Hamilton, in his remarkably clear style, presented his argument, referring to the Federalist, No. 77, the debates on the act establishing the state department, and other documents. All the persons present seemed to agree that the argument was sound, and that they would do all in their power to secure the passage of an act requiring removals as well as appointments to be made "by and with the consent of the Senate." The only objection offered was the practical one that no political party could ever be induced to forego its own power of patronage through its president. Col. Hamilton was requested to print his views, which he subsequently did in pamphlet form, and submitted it to Mr. Evarts and Mr. Field. In 1860 he laid the plan of the bill before Mr. Seward (then senator), who seemed to approve it, and who introduced him to Senator Wilson of Massachusetts, as the proper person to present such a bill. Mr. Wilson consented to do so, and he and Mr. Seward had many conferences on the subject. On the 20th of February, 1859, Mr. Wilson wrote that it was too late in the session to bring the bill forward. The threatened secession then put the subject in the background. In 1866, however, Col. Hamilton renewed his efforts, and was introduced by Mr. Sumner to Senator Henderson, who entered on the subject with great earnestness and zeal, and finally presented and secured the passage of the law which Col. Hamilton had so long been urging, the present tenure-of-office bill.

The section of the act which established the office of controller of the currency, whereby this officer cannot be removed without the consent of the Senate, passed early in the war, was inserted at the suggestion also of Col. Hamilton.

What sub-type of article is it?

Historical Event Biography

What themes does it cover?

Justice Moral Virtue

What keywords are associated?

Tenure Of Office Bill Col J A Hamilton Constitutional Law Civil Service Reform Senate Consent Presidential Patronage

What entities or persons were involved?

Col. J. A. Hamilton Alexander Hamilton D. D. Field W. M. Evarts C. A. Dana E. L. Godkin C. L. Brace Raymond Bryant Mr. Seward Senator Wilson Mr. Sumner Senator Henderson

Where did it happen?

House On The Hudson River

Story Details

Key Persons

Col. J. A. Hamilton Alexander Hamilton D. D. Field W. M. Evarts C. A. Dana E. L. Godkin C. L. Brace Raymond Bryant Mr. Seward Senator Wilson Mr. Sumner Senator Henderson

Location

House On The Hudson River

Event Date

December 1858 To 1866

Story Details

Col. J. A. Hamilton originated the Tenure of Office Bill to limit presidential removal powers, discussed at a 1858 dinner, advocated through pamphlets and senators, leading to its passage in 1866 by Senator Henderson.

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