Washington, D.C. March 20, 1841. Item #643

4to.  253 x 203 mm., [10 x 8 inches].  2 pp. folded sheet.  Watermarked. Docketed. Fine legible hand. Contemporary copy.

 On March 20, 1841, during the administration of President William H. Harrison, the following circular designed to limit political activity of public servants was issued by the Hon. Daniel Webster, Secretary of State:

"The President is of opinion that it is a great abuse to bring the patronage of the General Government into conflict with the freedom of elections, and that this abuse ought to be corrected wherever it may have been permitted to exist and to be prevented for the future.
"He therefore directs that information be given to all officers and agents in your Department of the public service that partisan interference in popular elections, whether of State officers or officers of this Government, and for whomsoever or against whomsoever it may be exercised, or the payment of any contribution or assessment on salaries, or official compensation for party-election purposes will be regarded by him as cause of removal.

"It is not intended that any officer shall be restrained in the free and proper expression and maintenance of his opinions respecting public men or public measures or in the exercise to the fullest degree of the constitutional right of suffrage. But persons employed under the Government and paid for their services out of the Public Treasury are not expected to take an active or officious part in attempts to influence the minds or votes of others, such conduct being deemed inconsistent with the spirit of the Constitution and the duties of public agents acting under it; and the President is resolved, so far as depends upon him, that while the exercise of the elective franchise by the people shall be free from undue influence of official station and authority opinion shall also be free among the officers and agents of the Government...."

John Bell (1796 –1869) to whom this circular was addressed, was one of Tennessee's most prominent antebellum politicians. He served in the House of Representatives, the Senate, and was Speaker of the House for the 23rd Congress. He briefly served as Secretary of War during the administration of William Henry Harrison (1841).

Docketed on p. 4 in ink by Bell ("J.B.") indicating this was referred to the different bureaus of the War Department (dated in ink at the War Dept., promptly, on March 23rd).
There were many later challenges and revisions to the law in the circular. The Hatch Act of 1939, officially An Act to Prevent Pernicious Political Activities, prohibited employees in the executive branch of the federal government, except the president, vice-president, and certain designated high-level officials of that branch, from engaging in some forms of political activity. The law was named for Senator Carl Hatch of New Mexico.

Price: $1,200.00