The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-11-18
PERNICIOUs ACTIVITY.

District Attorney Benton Reinstated 1t
Looks Like Case of Back-Down.
Special to the Indianapolis Journal
WASHINGTON, Nov 1.-THE President to day
reinstated Macenas E. Benton as United States
attorney for the Western district Of Missouri,
who was recently suspended for active partici-
patton in politics Following is the correspond
ence in the case:
NEosHo Mo-. Nov. 1e, 1886
Hon a A. H. Garland Attorney General. Washington.
Sir-Your letter of the 1st inst, with Enclosures.
apprsing me of the basis of nay suspension from the
Office of attorney Of the United States for the West
ern district of Missouri. received. / desire TO
make plain staten en of facts in relation to the list
of appointments to make campaign speeches. The
United States District Court for the eastern division
OF my district convened the 9th day Of September
had been there with my assistant for several
days prior to that date. preparing the for
guilty was fn shed on the oath of September, aud
on the following day the court adjourned. On the
night of the 10Th spoke at Jefferson City. then
went TO Kansas City, and Mr.. Rush. my assistant
and prepared ourselves for the October term of the
court for the Western division. Meanw lille had
at the earnest solicitation of MeSsrs. Dockery Cra-
ven and Others. candidates for Congress. and the
Democratic State central committee. and with the
knowledge of Senators Cockre and Vest.
After so arranging them, to time, as
not to, interfere with my official business,
list published the dates beginning Sept 90 att
P. NJ, at Aurora. Mo. The appointments were mads
each side of my district 50 that could, and did,
routine business of the Office. Ny assistant Mr.. W.
NJ. Rush, was in the Office all the time that | was
City and Sarcoxie conveniently to Joplin who're ap.
peared in two important cases on the 18th day Of
October before Clark Cracroft United States Commits
sioner. filled my engagements to Saturday Oct Is,
at Seneca. On Monday, Oct is. the
District Court for the Western division.
began its term. Every Indictment and
the grand jury dismissed at Of the third day.
had thought that would get through with the busi.
of this short term in one week l had two en-.
gagements to speak during that week-one at St
Joseph; did not fill the other at Kansas City, did
fill it at night, after adjournment of court found
on Saturday, the 23d of October that had six i'm
portant cases which believed should be tried. On
that night came here aud got my partner. Hon.
and Dr. James Evans. of Nichols, Greene county to
agree to fill my appointments beginning with South
west City on the Goth of October and Immediately
ready for trial the hour the District Court docket
was called remained in court and attended to the
cases until received the Presidents message sus-
pending
As to my record as public officer am willing for
the department reports of my ntiialstt @
court officers of the circuit and district courts and
those who have had business with the office TO saw
relied on the following clauses of the President let
ter of July 8 i'll making the arrangements to speak
individual interest and activity ia political affairs
are by condemned. Ofieeholders are neith-
er disfranchsed forbidden the exercise of political
their duty to party increased to pernicious activity
by Office holding
If the making of political speeches is the cause Of
my suspension can make defense; but If it is in
ferred that neglected my official duties by SO doing
am not guilty and ask the fullest scrutiny into the
facts.
respectfully ask that this COMMUNICATION be re.
ferred to the President with such recommendation
as you deem just | have but to add that had
idea that making political speeches would be taken 10
be in violation Of the Presidents letter of July 49,
1885 Very respectfully, NJ. f. BENTON.
EXECUTIVE MANSION
WAsHINGToN, Nov. 16.
To Hon W E. Benton:
Dear Sir-Your letter of the 10th inst addressed
to the Attorney general has been sub nitted TO me
and carefully considered. It's frauk tone and all
know of your character convince that the truth is
therein related touching the which ed to your
suspension from Office.
When l issued the warning TO Office holders to
which you refer as order, expected to be much
harassed by all manner of loose and frivolous tales
originating in malice disappointment and deliber-
ate design on the part of political enemies annoy
and embarrass concerning the indulgence by appoias
under the present administration in the pernicous
activity in politics against which my warning was
directed. hoped however, that by careful consid
Grafton of the spirit we'll the language of such
warning those in good faith intending respect it
might not be in doubt as to its meaning. and would
themselves apply it to conditions and circumstances
which it was impossible for me 10 specify =
did not intend to condemn the making of poit
ca speech by federal official to his neighbors and
friends nor at any time and place where twas merely
accidental if the speech itself decent and fair
But do not think that such an official can enter as
business, political campaign. ard, consenting to
long list of engagements to address political meetings
widely separated and of daily recurrence fill such an
engagement without neglecting his duty, il he holds
ansCfce worth having. without taking with him in
the canvass his official power and influence
Therefore, this course is condemned The number
of speeches that be properly made cannot be
specified the time when, the place where or the
circumstances in which they proper nor can their
character be prescribed. But a line of con-
duct be determined without difficulty be-
leve in the light of desire to follow the spirit of
the admonition given, by diyorcing the conduct of
citizen from the of official nAl in political
campaigns illustrating at all times the truth that Of
fetal duty is to partisan service maintain
ing the dignity of ofceholdng avoiding any pretense
of control over the political action of others By
OF official place and teaching the lesson to the people
that public positions not bestowed or held under
a pledge of active partisan service.
printed list, taken from newspaper and submit
with your consent daily for quite long period and
not nnfrequenty twice day in different parts of the
State of Missouri and was led to believe that.
many OF the days specified, court AT which you had
duties to perform was in session This seemed to
to present of fragrant. defiant neglect OF official
duty and propliety, and even with the explanations
given, your appears TO be thoughtess and ~
least subject to criticism But the statement IN your
letter showing that you did not permit campaign
gagements nterfcre with the performance of Official
duty, your satisfactory discharge of such duty during
your term and belief in the truth of your allegation
that you honestly supposed you might properly do ali
that was actually done. have induced me to rescnd
the order suspendmg you from Office and to reinstate
you to the same. Yours very truly,
GROVER CLEVELAND.