Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-10-18
: Az not be,leye that my retention Of tho

me from those rights OF Citizenship wnicn
are enjoyed By my fellow-citizens. l
therefore respectfully decline to admit
that my candidacy for Congress Is fncon-
sistent or incompatible with nay present
position"
Attorney General Harmon laid the cor
rssrondeuce before the President, and at
. o'clock to-day this telegram was sent:
Department OF Justice.
..Washington, u. c.. October II, 1896.
"uerrv ID. Clayton Office of United
states Attorney, Montgomery, Ala:
For reasons appearing In our cores
uondence the President has to-day re-
moved you from the Office Of United
states Attorney, which you now hold.
You viii govern yourself accordingly.
Anever 70 your letter mailed to-day.
"JUDsON HARMON.
"Attorney-GeneraL"
LETTER OF REMOVAL.
The letter herein referred to reads as
follows:
Department OF Justice,
washington. d. c.. October II. 1896.
"uenry ID. Clayton. Office OF United
states Attorney, Montgomery. Ala:
"sir-Your letter OF the 18th instant was
received to-day. and after consultation
with the President, an order for your re-
moval was made, Of which you have just
been advised by wire, and OF which j
now enclose a copy.
"Tt hardly seems necessary to say that
this step was rendered imperative by
your wiiful and persistent disregard of
the settled rules and practice Of the de-
nartment. TO which | expressly called
YOUR attention in my letter OF the Sth in
stant but which Ii is fair TO assume
you knew before.
"This rule has been acquiesced in, with
respect to nominations for Congress. by
no less than three United States attorneys
during the present year. namely-Andrew
r Fox. Northern District of Mississippi,
and Cornelius C. Waits. District of West
Virginia, both OF whom voluntarily re-
signed their offices to accept nominations
for Congress. and William y. Childers.
of the District OF New Mexico. who de-
clined to become a candidate for office be-
cause OF the rule.
you seem from your letter either not
TO know or to lack appreciation OF the
obvious reasons upon which this rule is
founded. / attempted briefly 10 mention
some Of them In letter, dated June 18th,
last TO the Hon. Edward c. Walthall.
one of the senators from Mississippi,
who had communicated with me on the
subject on behalf of Mr.. Fox. Among
other things, / wrote:
Engaged as ne Is In the prosecution of
offenders against the government, and
In the collection of claims due IL, some
embarrassment would naturally arise
during a canvass In which he would be
soliciting the votes OF witnesses and par
ties. While In the case OF an honorable,
upright man like Mr.. Fox. the public in
terests would not suffer, a precedent
would be formed, which might arise, as
precedents have an awkward way Of
doing, TO vex the department thereafter.
My observation Is that the dangerous pre-
cedents are those which are made in
good cases. In fact, precedents would
have hardly been made in bad cases
Moreover, there is always room for
the charge that the repeated and pro-
longed absences. and the demand on bod
lily and mental vigor. which the making
OF a campaign imposes, especially in a
presidential year, would afford ground
for criticism based upon alleged neglect
OF official duties. While I am sure Mr.
Fox would not. in fact, neglect any duty
for the sake OF his canvass, 1t is some
times necessary for officers connected
with the Department OF Justice to avoid
appearances as well as realities
'In a recent letter to Mr.. LassIter,
United States attorney for the Eastern
District of Virginia, which was widely
published had occasion to treat of the
same subject in connection with United
States attorneys acting as members of
campaign committees. which letter has
doubtless. reached your eyes. You must
have been aware when you wrote OF the
instances ! have named above. In which
this wholesome rule was recognized and
acquiesced in by others. II must have
been quite apparent to you, therefore,
that your letter in which you say: I.
therefore. respectfully decline TO admit
that my candidacy for Congress is in
consistent or incompatible with my pres
ent position would make your prompt re-
moval necessary, not only TO preserve the
discipline Of the department. but also 10
keep faith with the other officers | have
named.
THE references in your letter to the
right of free speech. etc. are so mani
estly Irrelevant that no reply seems ne
cessary. Very respectfully,
"JUDSON HARMON,
"AttOrneV-