Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-10-18

Inc letter mere referred reduS as IOl-
lows:
Department of Justice,
Washington, d. c., Oct. II.
Henry D. Clayton. Office of United States
Attorney, Montgomery, Ala
Dear Sir: Your letter of the 14th in-
slant was received today, and after con-
sultation with the president an order for
your removal was made, of which YOU
have just been advised by WIRE and OF
which now enclose a copy.
1t hardly seems necessary to say that
this step was rendered imperative be-
cause of your wilful and persistent disre-
gard of the settled rules and practices Of
the department. TO which 1 expressly
called your attention in my letter of the
Sth instant, but which 1t Is fair to as
sumo you knew before.
This rule has been acquiesced in with
respect to nominations for congress by
no less than three United States attor-
neys during the present year, namely
Andrew F. Fox, Northern district of MIS-
slssippi, and Cornelius c. Watts, district
Of West Virginia, both of whom volun-
tarily resigned their offices to accept nom
nations for congress, and William Il.
Childers of the district of New Mexico,
who declined to become a candidate for
office because of the rule.
You seem from your letter ellHer ilol "
know or to lack appreciation of the OBJ
vous reasons upon which this rule IS
founded | attempted briefly to mention
some of them in a letter dated jung II
last to the Hon. Edward c. Walthall, one
of the senators from Mississippi, VINO
had communicated with me on the SUBJ
ject on behalf of Mr.. Fox. Among other
| things, l wrote;
Engaged as he is in the prosecution of
| offenders against the government, ana IN
,.1a 1na ~
barrassment would naturally arise DUR
ing canvass in which he would be So
Letting the votes of witnesses ana par
ties. While, in the case or an honoraple
man like Mr.. Fox, the public interests
would not suffer, precedent would pc
formed which might arise, as precedenta
have an awkward way of doing, to veg
the department hereafter My observaA
ticn is that the dangerous presidents ara
| those which are made in good cases, In
| fact. precedentS would nafdly pe hlaue III
| bad cases. 81
| moreover, there is always room for the
| charge that the repeated and prolonged
| absences and the demand on bodily ana
| mental vigor which the making OF CAM
| paign imposes, especially In a presi-
| Dental year, would afford ground Tor
| criticism based upon alleged neglect OF
| official duties While am sure MI FOX
| would not in fact neglect any duty TOT
the sake of his canvass, 1t is sometimes
| necessary for officers connected with the
| department of justice to avoid appear
anees as well as realities
I'm 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 eye You must
| have been aware, when you wrote your
| letter of the instances which | have
/ named above, in which this rule was
| recognized and acquiesced In by others.
| It must have been quite apparent to you,
| therefore, that your letter, In which YOU
say: Il, therefore, respectfully decline to
| admit that my candidacy for congress "
| inconsistent or Incompatible with my
| present position would make your
| PROMPT removal necessary, not only TO
| preserve the discipline of the department.,
but also to keep faith with the other otiis
| GERS have named. -
"The references in your letter to the
| right of free speech, etc, are so manitesf3
ly irrelevant that no reply seems necesS
| sarv. Very respectfully,
"JUDSON HARMON.
| attorney General"