Rensselaer Republican, Volume 19, Number 12, Rensselaer, Jasper County, 25 November 1886 — DISTRICT ATTORNEY BENTON [ARTICLE]

DISTRICT ATTORNEY BENTON

President Cleveland Issues an Official Order Reinstating: Him. A Letter from the Suspended Officer ‘ Explaining Certain Matters. The President has reinstated M. E. Benton as Attorney for the Western District of Missouri. Following is the correspondence in the case: BENTON TO GARLAND. Neosiio, Mo., Nov. 10. Hon. A. H. Garland, Attorney General, Washington : Dear Sir—Your letter of the Ist inst., with ittcluauros, apprising me of the basis of my suspension from the office of Attorney of the United States for the Western District of Missouri, is received. I desire to make a plain statement of facts in relation to the list of appointments to make campaign speeches. The United States District Court for tho Eastern Division of the district convened on the 6th day of September. I hod been there with my assistant several days prior to that date preparing cases for trial. District business, except a few pleas of guilty, was finished on the 24th of September, and on the following day court adjourned. On tho night of the 25th I spoke at Jefferson City. I then went to Kansas City, and Rush (my assistant) and I prepared ourselves for the October term of court for the Weßtera Division. Meanwhile I had, at the oornest solicitation pf Messrs. F. Dockery, Cravens, and others, candidates for Congress, and the Democratic State Central Committee, and with the knowledge of Senators Cockrell and Vest, agreed to make some campaign speeches. After bo arranging them as to time as not to interfere with my official business, T* gave a list to D. H. Shields, Chairman, and this list was published, the dates beginning Sept. 29 at 7p. ffi. at Aurora, Mo. The appointments were made on each side of my district, so I could, and did, reach Kansas City once each week to look after the routine business of the office. My assistant (W. M. Rush) was in the office all the time I was away. Two of my appointments were made (Webb City and Sarcoxie) conveniently to Joplin, where X appeared in two important cases on the 14th day of October before Clark Crafort, United States Commissioner. I filled my engagement to Saturday, October 16, at Seneca. Monday, October 18, the District Court for the Western Division began its term. Every indictment and information was prepared. In consequence of this the grand jury was dismissed at noon of the third day. I had thought I would get through with the business of this short term in one week. I had two engagements to speak during that week—one at St, Joseph, which I did not fill; tha. other at Kansas City I did fill at night after the adjournment of court. I found on Saturday, the 2!d of October, I had six important, cases which I believed should be tried. On that night I came here and got my partner, Hon. Joseph Cravens, Hon. John T. Teel, of Mount Vernon, and Dy. Janies Evans, of Nichols, Greene County, to agree to fill my appointments, beginning with Southwest City, on the 20th of October, and immediately returned to Kansas City and announced that I was ready for trial the hour the District Court docket was called. I remained in court attending to cases until I received the President’s letter suspending me. As to my record as a public officer, lam willing for the department reports of my success in trials, thie court officers of tho Circuit 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 making engagements to speak: “Individual interest and activity in political affairs are by no means condemned. Officeholders are neither disfranchised nor forbidden to exercise political privileges, but their privilege is not enlarged nor is their duty to party „ increased to pernicious activity by officeholding,” If making political speeches is the cause of my suspension, I can make no defense, but if it is inferred that I neglected my official duties by so doing, I am 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. 1 have but to add that I had no idea that the making of political speeches would be taken as a violation of the President s letter of July 19, 1888. Very respectfully, M. E. Benton. CLEVELAND TO BENTON. Executive Mansion, Nov. 16. Hon. M. E. Benton: Dear Sir—Your letter of the 10th Inst., addressed to the Attorney General, has been submitted to me und carefully considered. Its frauk tone, and all I know of your character, 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 the “pernicious activity” in politics against which my warning was directed. I hoped, however, that by careful consideration of the spirit as well as the 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 time and place where it was merely incidental, If the 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 pf speeches that can be properly made can not be 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 heed the spirit of the admonition given by divorcing tho conduct of a citizen from the use 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 action of others by reason cf official place, and teaching the lesson to the people that public positions are not bestowed or held under a pledge of active partisan servile. A printed list taken from a newspaper and submitted to me contains engagements to speak, made by your consent, daily for quite a long period, and not infrequently twice a day, in diflerentports of the State of Missouri; and I was 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 even with the explanation given, your course appears to be thoughtless, and at least subject to criticism. But the statement in your letter showing that yon did not permit campaign engagements to interfere with the performance of 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.li out office, and to reinstate you to the same. Yours very trulv, Grover-Cleveland. CLEVELAND TO GARLAND. Executive Mansion, Washington, Nov. 17. Hon. A. H. Garland, Attorney General: Sir—Having fully examined and considered the statements contained In the letter of Maecenas E. Benton which you submitted to me at the time of our consultation concerning the matter 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 respeotfully yours, Grover Cleveland. First Young Lady- And how do you like Mr. Brisk? I saw him with you a moment. Second Young Lady—Am not impressed. Can not abide bald-headed men. First Young Lady—Bald-headed! Why, his head is not bald. Second Young Lady —Gh, yes it is—inside. Young lady (reading card just , brought in) —Mr. Frank S. S. Young man (who dislikes the interruption)—Dear me! his mother must have stuttered when he was christened! £ . T 7The watch dog is not a dentist, but ha does a great business in inserting teeth.