Democratic Sentinel, Volume 10, Number 43, Rensselaer, Jasper County, 26 November 1886 — DISTRICT ATTORNEY BENTON [ARTICLE]

DISTRICT ATTORNEY BENTON

President Cleveland Issues an Official Order Reinstating Him, A Lrtter from the Suspended Offlter Explaining Certain Matters. The President has reinstated M. E. Bentoi asi Attorney for the Western District of Missouri. Following is the correspondence in the case: BENTON TO GARLAND. Neosho, Mo., Nov. 10. Hon. A. H. Garland, Attorney General, Washington : Dear Sir —Your letter of the Ist Inst., with inclosures, apprising me of the basis of my suspension from the office of Attorney of the United ttaies for the Western District of Missouri, is received. I desire to make a plain statement of fac!s in relation to the list of appointments to mal e campaign speeches. The United States District Court for tlie Eastern Division of tho district convened on tho tit Li day of September, - I had been there with my assistant several days prior to that date preparing cases for trill. District business, except a few pleas of guilty, was finished on the 24th of September, and on the following day court adjourned. On the night of the 25th I spoce at Jefferson City. I then went to Kansas City, and Rush (my assistant) and I prepared ourselves for the October term of court for tha Western Division. Meanwhile I had, at the earnest solicitation of Messrs. F. Dockery, Cravens, and others, candidates for Congress, and the Democratic State Central Committee, anc. with tho knowledge of Senators Cockrell anu Vest, agreed to mako some campaign speeches. After so arranging them as to time as not to interfere with my official business, I gav? a list to D. 11. Shields, Chairman, and this list was published, tho dates beginning Sept. 29 et 7p.m. at Aurora, Mo. The appointments weiu made on each side of my district, so I couid, and did, reach Kansas City once each week to look after the routine business of the office. My assistant (W. M. Hush) was iu the office all the time I was away. Two of my appointmouts weremado (Webb City and Karcoxie) conveniently to Joplin, where I appeared iu two important cases on the 14th day of October before Ciark Crafort, United States Commissioner. I filied my engagement to Saturday, October 1(5, at Seneca. Monday, October 18, tho District Court for the Western Di ision began itß term. Every indictment aud information was prepared. In consequence of this the grand jury was dismissed at noon of the third day. I had tlio_ght I would get through with the business of this short term iu one week. I had two engagements to speak during that week—one at St, Joseph, which 1 did not fill; tho other at Kansas City 1 did fill at night after tho adjournment of court. I found on Saturday, tho 23d of Octolior, I had six important cases which I believed should bo tried. On that night I came bore and got my partner, Hon. Joseph Cravens, Hon. John T. Teel, of Mount Vemon, and Dr. James Evans, of Nichols, Greene County, to agree to fill my appointments, beginning with Southwest City, on tue 2.ith of October, and immediately returned to Kansas City aud announced that I was ready for trial the hour the 1 istrict Court docket was called. I remained in court attending to cases until I received tho President’s letter suspending me. Ab to my record as a public officer, I am willing for the department reports of my success in trials, the court officers of tho Cirouit and District Courts, and those who had business with the office to say. I relied on the following clause of the President’s letter of July 19 in mak :ig engagements to speak : “I:'.dividual interest and activity in political affairs are by no means condemned. Officeholders are neither disfranchised nor forbiddon to exorcise political privileges, but their privilege is not enlarged nor is their duty to party increased to pernicious activity by offlceholding." If making political speeches is the causo of my suspension, I can make no defense, but if it is inferred that I neglected my official duties by so doing, lam not guilty, and" ask full scrutiny into the facts. I respectfully ask that this communication be referred to the President, with such recommendation as you deem just, i have but to add that I had no idea that the milking of political speeches would be taken as a violation of the President’s letter of July 19, 188(1. Very respectfully, m. E. Benton. CLEVELAND TO RENTON. Executive Mansion, Nov. IG. Hon. M. E. Benton : Dear Sir— Your letter of the 10th inat., addressed to the Attorney Genoral, has been submitted to me and carefully considered. Its frank tone, and all I know of your ebaraoter, convince me of the truth therein related touching matters which led to your suspension from office. When I issued the warning to officeholders to which you refer as an “order,” I expected to be much harassed by all manner of loose and frivolous tales, originating in malice or disappointment and deliberate design on the part of political enemies to annoy and embarrass, concerning indulgence by appointees under the present administration in tha “pernicious activity” in politics against which my warning was directed. I hoped, however, that by careful consideration of tho spirit as well as tho language of such warning those in good faith intending to respect it might not be in doubt as to its meaning, and would themselves apply it to conditions and circumstances which it was impossible for me to specify. I did not intend to condemn the making of a political speech by a Federal official to his neighbors and friends, nor at any timt and place where it was merely incidental, if tbe speech itself was decent and fair, but I do not think such official can enter as a business a political campaign, and, consenting to a long list of engagements to address political meetings, widely separated and of daily occurrence, and fill such engagements without neglecting his duty, if 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 made can not he specified, nor the time when, nor the place where, nor the circumstances in which they are proper, nor can their character be prescribed. But a correct line of conduct can be determined on without difficulty. I believe in the right of a desire to li ed the spirit of the admonition given by divorcing the conduct of a citizen from the uso of official influence in a political campaign, illustrating at all times the truth that official duty is paramount to partisan service, maintaining the dignity of office-hold-ing. avoiding any pretense of control over tne political actim of others by reason of official place, and teaching the lesson to the people that public positions are not bestowed or held under a pledge of active partisan service. A printed list taken from a newspaper and submitted to me ci ntains 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 I wr.s led to 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 flagrant and defiant neglect of official duty and propriety, and aven 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 to interfere with the performance or official duty, your satisfactory discharge of such duty during your term, and a belief in the truth of your allegation that yon honestly supposed you might properly do all that was actually done, have induced me to rescind the order suspending you from office, and to reinstate you to the same. Yours very truly, Grover Cleveland. CLEVELAND TO GARLAND. ExunmvE Mansion, Washington, Nov. 17. Hon. A. H. Garland, Attorney General: Sib—Having fully examined and considered the statements contained in the letter of Mnecmas E. Benton which you submitted to me at th< > time of our consultation concerning the matte?: therein referred to, I have determined to rescind the order suspending Benton from the office of Attorney of the United States for the Western District of Missouri, and direct that he be notified of his reinstatement to that office. Very respectfully youra, Grover Cleveland.