Savannah morning news. [volume] (Savannah) 1868-1887, 1886-11-18
BENTON BACK IN OFFICE
THE PRESIDENT SATISFIED
WITH HIS EXPLANATION.


torney Did Not Neglect His Official
Duties to Make his Political Speeches
Pacifies the Chief Executive-A sharp
Warning to All Partissns.
WASHINGTON, Nov. 17.-The following
correspondence is made public by the
President to-nieht;
NEosHo. Mo-, Nov 10, 1888.
Hon. a. II. Garland, Attorney General.
SIR-Your letter OF the lst. with Enclosures
apprising me of the basis OF my suspension
from the office of Attorney of the United
States for the Western district of Missouri,
was received. l desire to make PLAIN state
ment of the facts in relation to the list of ap
pointments to make campaign speeches. The
United states District Court for the Eastern
division of my district convened on the 9th
day of September. | had been there with my
assistant for several days prior to that date
preparing cases for trial. The district bust
ness, except few pleas OF guilty, was fn-
lshed on the oath Of September, and on The
following day the court adjourned. On the
night OF the 25th spoke at jefferson City. |
then went to Kansas CITY, and Mr.. Rush,
my assistant, and | prepared ourselves for
the October term OF court for
the Western division. Meanwhile ! had, at
the earnest solicitation of Messrs. Dockery,
Cravens and others, candidates for Congress,
and the Democratic State Central Commit
tee, and with the knowledge of Senators
CocFrell and Vest agreed to make some cam
to time as not to interfere with my official
business, gave the list to u. X. Shields, Chair
man, and this list was published. The dates
oeeinning Sept. 20, p. M, at Aurora. Mo.
Appointments were made on each side of my
district, so that / could and did reach Kansas
City the end OF each week to look after the
routine business of the office. My assistant.
MIR. W. NJ. Rush, was in the Office all the time
that was away. Two of my appointments
were IN ade (Webb City and SarcoXie) conve-
niently TO Joplin, where | appeared in two
important cases on Oct. ii before CLARK Cray
croft, United states Commissioner. | filed
my engagements TO Saturday, oct. l6. At
Seneca Monday, Oct. Is, the District Court
for the Western division began Its term.
Every Indictment and information was pre-
pared. In consequence of this the grand jury
was dismissed at noon of the third day, had
thought that would get through with the
business of this short term in one week. |
had two engagements to speak during that
week-one at st. Joseph did not fill, and the
other at Kansas City, 1 did all at night after
the adjournment of the court. /
found. on Saturday, Oct. 90, that l
should be tried. On that night | came here
and got my partner, Hon. Joseph Cravens,
Hon. John T. Teel, of Mt. Vernon, and DR..
James Evans, of Nichols, Greene county, to
agree to fill my appointments, beginning with
Southwest City on Oct. 26. and Immediately
returned to Kansas City and announced
ready for trial the hour the District Court
docket was called. / remained in court and
attended to the cases until | received the
Presidents letter suspending me. AS to my
record as public officer, L am willing for the
department reports of my success in trials.
the court officers or the Circuit and District
Courts and those who have had business with
the Office, to say. / relied on the following
clauses of the Presidents letter Of July
10 in making the engagements to speak
"lndlVldual interest and activity in
political affairs are by no means condemned.
Ohlceholders are neither disfranchised nor
forbidden the exercise of political privi-
ht f rfU1O ,la- -
ls their duty TO party increased to perneious
activity by offireholding." IL the making of
political speeches Is the cause of nv snspen-
sion can make no defense, but if il 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 referred TO the
President with such recommendation AZ you
deem just. | have but to add that had no
idea that making political speeches would be
taken to be in violation of the Presidents
letter of July 10, 1886. Very respectfully,
M. E BENTON.
CLEVELAND TO BENTON.
EXECUTIVE MANSION.
WASHINGTON, ID. c., Nov. 16 1861
Ion. n. Z. Benton:
DEAR SIR our letter Of the 10th inst ad-
dressed to the Attorney General has been
submitted to me and carefully considered
Its frank tone and all know Of your charac-
ter convince me that the truth is therein
related touching the matters which led to
1
the warning 10 Office holders. to which you
refer as an "order," / expected TO he much
harassed by all manner Of loose and frivolous
tales, originating in malice or disappont-
ment, and deliberate design on The part
OF political enemies to annoy and en-
barrass concerning the indulgence of ap-
polntees under the present administration in
"pernicous activity" in politics, against
which my warning was directed. / hoped,
however, that by careful consideration Of the
spirit as well as the language Of such warn
ing those in good faith intending to respect it
might not be in doubt as to its meaning. and
would themselves apply IL TO conditions and
circumstances which 1t was impossible for me
to specify. / did not intend to condemn
| making political speeches by Federal official
10 his nelghOor5 and friends, nor at any time
and place where 1t was merely incidental If
the speech itself was decent and fair, but ]
do not think that such an official can enter as
a business political campaign and consent
ing to a long list Of engagements to address
political meetings without neglecting his
duty IL he holds an office worth having, nor
without taking with him in the canvass his
official power and influence. Therefore, this
course is condemned. The number OF speeches
that can be properly M ade cannot be specified.
nor the time when, the place where, or the
circumstances IN which they are proper
nor can their character be prescribed. But
correct line of conduct can be determined on
without difficulty. | believe in the light of a
desire to 70 low the spirit OF the admonition
given by Givorcing the conduct OF a citizen
from the use OF official influence in pOllti-
cal campaigns, illustrating at all times the
truth that official duty Is paramount to par
tisan service, maintaining the dignity of ofice-
| holding, avoiding any pretense OF control
over the political action OF others by
reason OF official place, and teach
ing the lesson to the people that
public positions are not bestowed or
| held under p edge of active partisan SER
| vice printed list taken from newspaper
| and submitted to me contained engagements
! TO speak. made by your consent, daily for
| quite a long period, and not infrequently
| twice a day IN different parts OF the STATE OF
| Missouri, and l was led TO believe that on
many OF the davs specified the court at which
you had duties TO perform was In session. This
seemed to me to present case of flagrant, de-
hant neglect of ottcial duty and propriety, and
even with the explanation given your course
appears to be thoughtless and at least subject
to criticism. But the statement in your letter
showing that you did not permit campaign
engagements 10 interfere with the perform
ance OF official duty, your satisfactory dis
charge OF such duty during your term and a
belief In the truth of your allegation that you
honestly supposed you might properly do all
that was actually done, have induced me 10
rescind the order susponding you from Office
and TO rcinstate you TO tho same. Yours
very truly. GROVER CLEvEJAHD.
CLEVELAND TO GARLAND.
EXECUTIVE MANSION,
WAsHIEGroE. Nov. IL. 1851
To hon. 4. II. Garland, Att9rnev General: