The sun., 1896-10-18
REMOVED FROM OFFICE.
WAR ON FEDERAL OFFICIALS VINO
TAKE PART IN POJITICS.

- - ~ ~
The President Uses the telegraph 10 Re
move United States District Attorney
In Alabama who Persisted In Running
fsF COaKrsss ass Refused to Resign.
wAsHIYoToN Oct. 17-Henry d. Clayton,
United States District Attorney for the Middle
district of Alabama, was to-day summarily re-
moved from ofIlce by tho President. Mr.. Clayton
was delegate to the Chicago Convention, is now
candidate for Congress from the Second district
of Alabama, and is q son-in-law OF Senator
PuEh of that State. Assistant District Attorney
g. +. Moore has becn placed in charge OF the
ofnce.
Some interesting correspondence led up TO
to-day's action by the President Early In Oc-
tober Attorney General Harmon wrote Mr..
Clayton u letter. saying that newspaper clip
pings and letters showed that he was candi-
date for Congress, and his duties rs District
Attorney made the two positions inconsistent
with each other. To this letter no reply was
received. On Oct. s Attorney-General Harmon
wrote Mr.. Clayton another letter. in which he
assumed that hls first letter had not been re-
ceived by Mr.. Clayton. He repeated much OF
his first letter in substance. and concluded:
"Please advise me upon receipt of this what
you propose to do, In view OF tho rule which
makes your candidacy for another Office incon-
sistent with tho holding OF your present POSI-
tion."
MIR. Clayton. on Oct. ii, replied from Mont
gomery, Ala. to this last letter of Attorney
General Harmon. He said that he was tho
regular nominee OF tho Democratic party from
the Montgomery district for Congress, and was
engaged in the discharge Of his duties as Dis
trct Attorney; that he had heard OF no COM
plants as to his ncglecting his work. but that
he was making speeches in behalf of his can
didacy. lie concluded as follows:
~ am not aware that any of the duties of my
Office have been neglected. have thought that
a man, though an otllcehoder. had the right Of
free speech and the right to aspire 10 represent
the people. l DO not believe that my retention
of the office Of District Attorney should pre-
clude me from those rights of citizenship which
are enjoyed by my fellow citizens. l therefore
respectfully decline to admit that my candidacy
for Congress Is Inconsistent or Incompatible
Acknowledgement Harmon laid the CORE.
spondence before the President, aud at 2
O'Clock to-day this telegram was sent:
DEPARTMENT OF JUSTICE,
wAsnLSoroN. d. c. Oct. 17.S
Henry y. CLAYTON, Office OF Chitcd states Attorney
For reason. spP.arIng in our eGrrespondenss the
United States Attorney which you now hold You
letter mailed today
JUDsoS HARMON. Attorney G GeneraL
The letter herein referred to reads AS follows:
"DEPARTMEST OF Jus ICE,
"WAsHINGToN, D.. c., Oct. IL.
"Henry D CLAYTON. 0Hee Of United States Attorney.
Sir: Your letter OF 14th inst. wa. received
to-day, and, after consultation with the Presi:
which you have Just been advised by WIRE aud
OF which now enclose a copy.
was rrea 70 bS say nr tnay thi
and persistent disregard of the settled rule ana
practice OF the department, to which expressly
called your attention IN my letter of Sth inst.
but which 1t /, fair to assume you knew before.
This rule has been acquiesced in, with re-
.inaf fnn for lNnEr htrW,, Ia.a
than three United states Attorneys during the
present year. namely. Andrew +. Fox, northern
district OF West Virginia, both OF whom vnlun-
tarily resigned their Offices to accept nomna-
the dsc Sew Mho S To-
come u candidate for orfice because OF the rule.
lnom u seem I from yoGT ietfsT r. either not to
sons upon which this rule 10 founded. at
tempted briefly to mention some OF them in =
letter dated juno II last, to the Hon. Edward G.
Walthall. one of the Senators from Mississippi,
who had communicated wit h me on the subject
on behalf Of Mr.. Fox. Among other things /
wrote:
Engaged as he ia in the prosecution Of offenders
Claims due il. some eimbarrassn,en, Would as,9rslIy
ar; arise dsrnS canvass 10 Tntp he %ogid be .;itstns
of S1 Sn and sP,,s Ike 1Rs
% formed which might arl.s as preeeaents ha"s an
AWKWARD way of doing. 10 vet the department here
dent. would 6ar ~ bs made in bad osscs
that the repeated ana prolonged absences and the de-
mand uoIily aud mental yIsor which the making
OF campaign impo es, eprcAly In 4 Preside tial
year. would AFFORD ground FOR critic am based upon
alleged neglect OF onicia duties While ,urs Mr..
Fox would not in fact neglect any duty for the sake
OF his canvas It Is sons,lges necessary for oncers
appearances as we'll as realities.
In a recent letter to- Mr.. I.assiter. United
States Attorney for the Eastern District Of Nir-
Einia, which was widely published. had occa-
sion to treat of the same subject in connection |
with United States Attorneys acting as mem |
bers of campaign committee which letter has |
doubtless reached your eye. You must have |
been aware when you wrote your letter of the |
instances which | have named above in |
which this wholesome rule was recognized |
and acQu!esced in by Others 1t must have |
been quite apparent to you, therefore. |
that your letter IN which YOU say. i therefore |
respectfully decline to admit that my candi- |
dacy for Congress Is Inconsistent or incoInpati-
BILE with my present position would make your |
prompt rem oval necessary. not only to preserve |
the discipline Of the department, but also to |
keen faith with the other officers have named. |
The references in your letter to the right of |
free speech. &C., are so manifestly irrelevant |
that no reply seems necessary. Very respect
fully, JUDsoS HARMON, Attorney GeneraL"