# Executive Order 9

more info.
See the Notes section for a list of Executive Orders affected by or related to the issuance of this Executive Order.
Signed by President Ulysses Grant Friday, January 17, 1873
By the President of the United States of America
EXECUTIVE ORDER.
Whereas it has been brought to the notice of the President of the United States that many persons holding civil office by appointment from him or otherwise under the Constitution and laws of the United States, while holding such Federal positions, accept offices under the authority of the States and Territories in which they reside, or of municipal corporations under the charters and ordinances of such corporations, thereby assuming the duties of the State, Territorial, or municipal office at the same time that they are charged with the duties of the civil office held under Federal authority; and
Whereas it is believed that, with few exceptions, the holding of two such offices by the same person is incompatible with a due and faithful discharge of the duties of either office; that it frequently gives rise to great inconvenience, and often results in detriment to the public service, and, moreover, is not in harmony with the genius of the Government:
In view of the premises, therefore, the President has deemed it proper thus and hereby to give public notice that from and after the 4th day of March, A. D. 1873 (except as herein specified), persons holding any Federal civil office by appointment under the Constitution and laws of the United States will be expected, while holding such office, not to accept or hold any office under any State or Territorial government or under the charter or ordinances of any municipal corporation; and further, that the acceptance or continued holding of any Such State, Territorial, or municipal office, whether elective or by appointment, by any person holding civil office as aforesaid under the Government of the United States, other than judicial offices under the Constitution of the United States, will be deemed a vacation of the Federal office held by such person, and will be taken to be and will be treated as a resignation by such Federal officer of his commission or appointment in the service of the United States.
The offices of justices of the peace, of notaries public, and of commissioners to take the acknowledgment of deeds, of bail, or to administer oaths shall not be deemed within the purview of this order, and are excepted from its operation and may be held by Federal officers.
The appointment of deputy marshal of the United States may be conferred upon sheriffs or deputy sheriffs; and deputy postmasters the emoluments of whose office do not exceed $600 per annum are also excepted from the operations of this order, and may accept and hold appointments under State, Territorial, or municipal authority, provided the same be found not to interfere with the discharge of their duties as postmaster.
Heads of Departments and other officers of the Government who have the appointment of subordinate officers are required to take notice of this order, and to see to the enforcement of its provisions and terms within the sphere of their respective Departments or offices and as relates to the several persons holding appointments under them, respectively.
By order of the President:
    Hamilton Fish,
       Secretary of State.

## Notes

Shortcut: WS:USEO

### Clarified by

* Executive Order 9-2, January 28, 1873

### Amended by

| Executive Order 653, June 13, 1907; Executive Order 661, June 26, 1907; Executive Order 1118, August 4, 1909; Executive Order 1210, June 13, 1910; Executive Order 1390, August 2, 1911; Executive Order 1472, February 14, 1912; Executive Order 1583, August 24, 1912; Executive Order 1991, July 9, 1914; Executive Order 2071, October 31, 1914; Executive Order 2154, March 25, 1915; Executive Order 2252, October 6, 1915; Executive Order 2596, April 14, 1917; Executive Order 3771, January 2, 1923; Executive Order 3941, January 11, 1924; Executive Order 4013, May 19, 1924; Executive Order 4048, July 12, 1924; Executive Order 4059, August 6, 1924; | Executive Order 4250, June 10, 1925; Executive Order 4439, May 8, 1926; Executive Order 4527, October 22, 1926; Executive Order 4627, April 7, 1927; Executive Order 5133, June 7, 1929; Executive Order 5187, September 9, 1929; Executive Order 5188, September 10, 1929; Executive Order 5627, May 20, 1931; Executive Order 5666, July 3, 1931; Executive Order 5700, August 31, 1931; Executive Order 6051, February 27, 1933; Executive Order 6108, April 12, 1933; Executive Order 6518, December 21, 1933; Executive Order 6824, August 16, 1934; Executive Order 7332, April 3, 1936; Executive Order 7369, May 13, 1936; Executive Order 7636, June 17, 1937; | Executive Order 7648, June 28, 1937; Executive Order 7736, November 6, 1937; Executive Order 7796, January 21, 1938; Executive Order 7823, February 25, 1938; Executive Order 7896, May 24, 1938; Executive Order 7944, August 4, 1938; Executive Order 8390, April 11, 1940; Executive Order 8399, April 29, 1940; Executive Order 8516, August 15, 1940; Executive Order 8880, August 30, 1941; Executive Order 8980, December 16, 1941; Executive Order 9367, August 4, 1943; Executive Order 9442, May 15, 1944; Executive Order 9845, April 28, 1947; Executive Order 10044, March 15, 1949; Executive Order 10055, May 6, 1949; Executive Order 10645, November 22, 1955 |

### Revoked by

* Executive Order 11408, April 25, 1968

### See Related

* Executive Order 3461, May 16, 1921;
* Executive Order 11222, May 8, 1968;
* 5 U.S.C. 7301 and sec. 735.203 of Civil Service regulations
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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