Order Communicated by the Heads of Executive Branch Departments on Interference by Federal Officers in Elections

[The following interesting paper is extracted from a speech of Senator W.C. Rives, of Virginia, delivered in the United States Senate February 12, 1839, on a bill to prevent the interference of certain federal officers in elections. (See Congressional Globe, Twenty-fifth Congress, third session, Vol. VII, Appendix, p. 409.) This order President Jefferson caused to be issued by the heads of the several Departments shortly after his inauguration, March 4, 1801. References are made to it in several publications, but the originals could not be found.]

The President of the United States has seen with dissatisfaction officers of the General Government taking on various occasions active parts in elections of the public functionaries, whether of the General or of the State Governments. Freedom of elections being essential to the mutual independence of governments and of the different branches of the same government, so vitally cherished by most of our constitutions, it is deemed improper for officers depending on the Executive of the Union to attempt to control or influence the free exercise of the elective right. This I am instructed, therefore, to notify to all officers within my Department holding their appointments under the authority of the President directly, and to desire them to notify to all subordinate to them. The right of any officer to give his vote at elections as a qualified citizen is not meant to be restrained, nor, however given, shall it have any effect to his prejudice; but it is expected that he will not attempt to influence the votes of others nor take any part in the business of electioneering, that being deemed inconsistent with the spirit of the Constitution and his duties to it.