White Paper I · WE the People — Louisiana

The Pendleton Act and the Price of Patronage

A historical analysis of the federal spoils system, 1829–1883, and why the United States replaced it only after the assassination of a sitting president.

Louisiana's Amendment 1 is often framed by its proponents as a modest clarification — a technical adjustment to which state jobs are "classified" and which are not. It is neither modest nor technical. It reopens a fight Americans thought they had settled a hundred and forty-two years ago, after bleeding for the answer.

I. "To the victor belong the spoils."

When Andrew Jackson took the presidential oath in March 1829, he brought a doctrine with him. His supporters had a name for it — rotation in office — and Senator William L. Marcy of New York gave it its most famous formulation three years later on the Senate floor: to the victor belong the spoils of the enemy. Jackson proceeded to remove hundreds of federal employees and replace them with political loyalists. The modern American patronage system was born.

For the next fifty years, a predictable cycle repeated itself. A new president took office. The civil service — then comprising perhaps a hundred thousand federal positions across post offices, customs houses, land offices, the Indian Bureau, the Treasury, and the military pay departments — was purged and restaffed. Workers were required to pay "assessments" to the party that hired them: typically two to seven percent of salary, levied before elections. Employees who refused were fired. Employees who complained were fired. Employees whose sponsor lost reelection were fired.

The consequences were measurable. The New York Customs House, which collected roughly two-thirds of federal revenue through the mid-nineteenth century, became a byword for corruption. The 1877 Jay Commission report found systematic understaffing, payroll padding, and bribe-taking, and concluded that the house was staffed as a political machine rather than an administrative one. Postmasters General from 1829 through the 1880s purged ranks with every election, and theft and loss of mail were routine. The Indian Agents — federal employees tasked with administering treaty payments and supplies — became synonymous with graft in Gilded Age reporting.

II. The Garfield assassination.

On July 2, 1881, Charles Guiteau approached President James A. Garfield at the Baltimore and Potomac Railroad Station in Washington, drew a British Bulldog revolver, and shot him twice. One bullet grazed Garfield's arm. The other lodged behind his pancreas. Garfield lingered for seventy-nine days and died on September 19.

Guiteau was not a political enemy. He was a disappointed office-seeker. He had written Garfield a series of letters requesting appointment as consul in Paris or Vienna; he believed he had earned the job by campaigning for the Republican ticket. When the appointment did not come, he purchased the revolver — selecting a model with an ivory grip, he later explained, because it would look better in the museum that would surely display it after his martyrdom. His declared reason for the shooting was a factional one: he was a "stalwart," a supporter of Senator Roscoe Conkling's patronage wing of the Republican Party, and he believed Vice President Chester A. Arthur — a former Collector of the New York Customs House and a Conkling man — would restore the spoils system Garfield had resisted.

I am a stalwart of the stalwarts! I am a stalwart, and Arthur will be president! Charles Guiteau, shouted after firing on Garfield, July 2, 1881

Arthur did become president. He did not restore the spoils system. Chastened by the assassination — and by a nationwide movement that had been building since the 1870s — he signed the Pendleton Civil Service Reform Act into law on January 16, 1883.

III. The Pendleton Act.

The Pendleton Act did three things. First, it created the United States Civil Service Commission: a three-member bipartisan body empowered to administer competitive examinations for federal employment. Second, it made it illegal to dismiss a covered federal employee for failing to make political contributions, and illegal to solicit such contributions from employees in the first place. Third, it drew a distinction between classified positions — covered by merit protections — and unclassified positions (senior political appointees, confidential staff, and the like) — which remained at-will.

The initial coverage was narrow. Only about ten percent of federal employees were classified in 1883. But the Act included a mechanism, known informally as the "blanketing-in" power, by which outgoing presidents could extend coverage to additional positions before leaving office. Every outgoing president from Arthur forward used it. By 1900 classified coverage was at forty percent. By the end of the Second World War, it was more than ninety.

The critical design feature, for purposes of understanding Amendment 1, is that coverage could only expand, not contract, without an act of Congress. A president could blanket more jobs in. He could not unilaterally blanket jobs out. The ratchet ran one direction.

IV. The measurable results.

The historical consensus, across economic historians and public-administration scholars, is that the Pendleton Act produced large and durable gains in federal administrative competence. Three findings are particularly well-documented:

  1. Revenue collection rose. The professionalization of customs houses and the internal revenue service produced higher collections per officer and lower rates of estimated evasion through the 1890s. Daniel Carpenter's work on the early Post Office Department, and Ronald Johnson and Gary Libecap's econometric analyses of federal personnel data, document significant productivity gains in covered positions relative to uncovered ones.
  2. Agency tenure lengthened. Average length of service for federal employees roughly doubled between 1883 and 1910, allowing for the accumulation of the expertise that mass turnover had made impossible.
  3. Political corruption declined. "Assessment" payments — formerly a major source of party revenue — became illegal and measurable, and political corruption investigations shifted from a routine feature of administration to an exceptional one.

These results took decades. The generation of political operatives who had lived inside the spoils system did not accept reform peacefully. There were repeated efforts to narrow the Act, to exempt particular agencies, to reclassify positions out of the merit service. Most failed. Those that succeeded were narrow and often reversed within a cycle or two.

V. What Amendment 1 resembles.

The central constitutional question Louisiana voters face on May 16, 2026 is whether to hand their Legislature the precise authority the Pendleton Act denied to Congress and to the president: the authority to reclassify protected civil-service positions out of protection, by ordinary political majorities, in response to ordinary political pressures.

Supporters of Amendment 1 argue that the Louisiana Legislature is democratically accountable, and that it is therefore right for elected representatives to make these decisions rather than an "unelected" Civil Service Commission. The Pendleton generation considered this exact argument, and rejected it, for the following reasons:

The lesson of the Pendleton generation is that American constitutional democracy works best when certain questions are taken off the table of ordinary politics. The merit principle is one of those questions. It is the hard-won settlement of a century-long argument that cost a president's life. Louisiana voters should not reopen it on a Saturday in May.

VI. A note on tone.

Patronage is often discussed as an abstract evil. It is not abstract. It is the mother who cannot get unemployment benefits because the clerk who used to handle her case was fired and replaced by someone who does not know the rules. It is the nursing-home inspector who does not write up the violations because the inspector's cousin owns the home. It is the environmental auditor who is quietly told not to sample the lagoon downriver from the donor's plant. It is the whistleblower who says nothing because she has a mortgage and two kids and cannot afford to be reclassified into an at-will position next month.

The Pendleton Act did not eliminate these problems. It made them unusual rather than routine. Amendment 1 would move Louisiana back toward routine.

Vote NO on Amendment 1.

Sources & further reading

  1. Pendleton Civil Service Reform Act, ch. 27, 22 Stat. 403 (1883).
  2. Jay Commission Report on the New York Customs House (1877).
  3. Daniel P. Carpenter, The Forging of Bureaucratic Autonomy (Princeton, 2001).
  4. Ronald N. Johnson & Gary D. Libecap, The Federal Civil Service System and the Problem of Bureaucracy (NBER / University of Chicago Press, 1994).
  5. Ari Hoogenboom, Outlawing the Spoils: A History of the Civil Service Reform Movement, 1865–1883 (Univ. of Illinois, 1961).
  6. Stephen Skowronek, Building a New American State (Cambridge, 1982).
  7. Candice Millard, Destiny of the Republic: A Tale of Madness, Medicine and the Murder of a President (Doubleday, 2011) — accessible narrative account of the Garfield assassination.
  8. Louisiana Illuminator, "State employee protections will go before Louisiana voters" (June 12, 2025) — quoting bill author Sen. Jay Morris on applicability to current employees.

© 2026 WE the People — Louisiana. Published under Creative Commons Attribution-NonCommercial 4.0 International. Reprint with attribution.

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