St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-11-18
GOT HIS PLACE BACK.
A Public Official in Missouri Suspended
for Teo Great Political
Activity.
He Writes Letter Explaining His Con.
duct, Which is Referred to
the President.
Mr.. Cleveland Replies at Length, De.
fning Clearly the Duties of
Public Servants,
And Orders the Offending Official Re-
instated Because OF Mis-
apprehension.

WASHINGTON, Nov. 17.-The following
| correspondence is made public by the presi-
dent tonight:
| NEOSHO. Mo-, Nov. 10.-Hon. A. n. Gar
land, Attorney-General, Washington, Sir:
Your letter of the Ist inst. with enclosures
apprisng me of the basis of my suspension
| from the Office of attorney of the United
States for the Western District of Missouri is
| received. desire TO make a plain state
ment OF facts in relation TO the list of ap-
pointments to make campaign speeches. The
United States district court for the Eastern
| DIVISION OF the district convened on the 9Th
day OF September. l had been there with nv
| assistant several days prior to that date.
preparing cases for trial. The district busi-
ness Except few pleas of guilty. was fin
! isned on the oath Of September and the follow
ing day court adjourned. On the night of the
18th spoke at Jefferson City. then went TO
| Kansas City, and Rush, my assistant. and I
| prepared ourselves for the October term of
| court for the Western division. Meanwhile,
l had, at the earnest solicitation Of Messrs
+. D. Dockery, Cravens and others, candidates
for congress, and the Democratic state cen
tral committee, and with the knowledge of
Senators Cockrell and Vest agreed to make
! some campaign speeches. after so arranging
! them as to time as not 10 interfere with my
! Official business. gave the list 10 D. H.
| Shields, chairman. and this list was published,
| the dates beginning Sep 29 at p III. ut
Aurora, Mo-. the appointments made on each
4 side of my district SD l could and did
/ REACH KANSAS CITY
! once each week to look after the routine
business OF the Office. Ny assistant, W. NJ
| Rush, was in the Office all the time l was
away. Two of my appointments were made
/ at Webb City and SArcoxie. convenient to
| Joplin. where l appeared in TWO important
cases on the I4th day of October before Clark
! CarcofI, United States commissioner. 1 filed
my engagements to SATURDAY., Oct. 10, at
| Seneca. Monday, Oct. Is, the district court
for the Western division began the erin, and
every Indictment and information WAS pre-
/ pared. In consequence this grand jury was
! dismissed al noon of the third day. l had
! thought would get through with the business
/ Of this short term in one week. l had two en-
gagements to speak during that week. One at
| st. Joseph did not Ill. Inc other At Kansas
| City did Ill at the night after the adjourn
ment of court. l found, on Saturday, the
/ 23d of October. that had six important cases
which I decided should be tried. On that
| night came here and got my partner Hon.
Joseph Craveus, Hon. John T. Teel, of Mount
! Vernon, and Mr.. J. Evans, of Nichols, Green
| county, to agree to fill my appointments, be-
| ginning with Southwest City. on the Goth Of
October, and Immediately returned TO Kansas
/ City, and announced myself ready for the
trial. The hour the district court docket was
called
REMAINED IN COURT,
and attended to the cases until 1 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 of the circuit and district
courts and those who had business with the
/ Office to say. I relied on the following clause
/ of the PRESIDENT letter of July 10 in making
engagements TO speak: Individual interest
and activity in political affairs are by no
| means condemned. Oficeholders are neither
| disfranchsed nor fer hidden TO exercise politi-
cal privileges, but their privileges are not
enlarged, nor is their duty to party increased
10 pernicious activity by oficeholding." If
making political speeches is the cause Of my
suspension, can make no defense, but if it
! is inferred that neglected my Official duties
/ by doing so l am not guilty and beg the full
est scrutiny into the facts. 1 respectfully
/ ask that this communication be referred to
the president with such recommendation as
| you deem just. have but to add that had
/ no idea that making political speeches would
be taken to be violation of the presidents
letter of July 19, 1856. Very respectfully,
NJ. E. BENTON.
| THE PRESIDENTS REPLY.
EXECUTIVE MANSION, Nov. 16.-Hon. NJ
1 E. Benton, Dear Sir: Your letter Of the 10th
/ inst addressed TO the attorney general has
! been submitted TO me and carefully consd-
! cred. Its frank Tone and all know of your
! character convinces me Of the truth of what
! is therein related touching the matters which
/ led to your suspension from office. When l
! issued the warning TO ohceholders TO which
\
mu2h harrassed by all manner of loose and
/ frivolous tales originating from malice or
! disappointment and deliberate design on the
part of political enemies to annoy and embar-
rass concerning Indulgence by appointees
| under the present administration in per
nicious activity in politics, against which my
warning was directed I hoped. however, by
careful consideration Of the spirit well
the language of such warning that those in
good faith intending to respect it.
MIGHT NOT BE IN DOUBT
as to its meaning, and would themselves ap-
ply il 10 conditions and circumstances which
it was impossible for me TO specify. did
not intend to condemn the making of political
speeches. by federal official 10 his neighbors
and friends, nor at any time and place Where
it was merely incidental, If the speech it
self was decent and fair, but do not think
such Official can enter as business politi-
cal campaign and consenting to a long list Of
engagements to address political meetings
widely separated and of daily recurrence, fill
such engagements without negectng his
duty. if ne holds Office worth having, nor
without taking with him in the canvass bis
official power and influence. Therefore, this
course is condemned. The number of speeches
that can be properly made cannot
be specified, nor the time when. the place
where, or the circumstances in which they
are proper. Nor can their character be pre-
scribed. But corrct line of conduct can be
determined on without difficulty. believe,
in the light of the desire to follow the spirit
of the admonition given, by severing the con-
duct of the citizen from the use of Official in
fluence in political campaigns, illustrating at
all times the truth that
OFFICIAL DUTY Is PARAMOUNT
to partisan service maintaining the dignity
of officehodng, averting any pretense of con-
troll over the political action of others by
reason Of official place, and teaching the
lesson to the public that positions are not be-
slowed or held under g pledge of active par
tisan service. The printed list taken from
newspaper and submitted to me contain en-
gagements to speak made by your consent
daily for quite long period and not
of the state of Missouri and Iowa was led 10
believe that on many of the days specified
the court at which you had duties TO perform
was in session. This seemed TO me to present
a case of hagraut defiant neglect Of official
duty and propriety, and even with the cx-
PLANTATION 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 to
interfere with the performance of Official
duty, your satisfactory discharge Of such
duty Outing your term. and belief in the
truth of your allegations that you honestly
supposed you might properly do all that was
actually done, have induced me to rescind the
order suspending you from Office and rein
state you to the same Very truly,
GROVER CLEVELAND,
Executive Mansion, Washington, DC, Nov.l7.
GARLAND's ORDER.
Hon A. II. Garland, Attorney General.
Sir: Having fully examined and considered
the statement contained in the letter Of
Maceness E. Benton, which you submitted to
me at the time of our consultation concern
ing the matter therein referred to. 1 have
determined to rescind the order suspending
Benton from the office Of attorney for the