Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-29
SENATORS EXPELLED
NO ONE EXCLUDED FOR CoNvIC-
TON OF A CRIME.
A Number Have Resigned After
Charges Were Brought
Against Them.

Reference to a compila ton of Senate
election cases from 1850 to 1903 shows no
expulsion of a senator for conviction of a
crime, though there have been instances
where members of the Senate have resigned
before action charges
The first expulsion from the Senate for
any cause was that of William Blount, who
was a senator from Tennessee from 1790 to
1899. A special investigating committee
found him guilty of the authorship of a
letter capable of various constructions, but
which In his own mind, according to the
letter, appeared to be inconsistent with
the interests of the United States and
SPAIN He was found guilty of a high mis-
demeanor and resolution of expulsion was
adopted by vote of % to ].
For completely in the Burr conspiracy an
action was brought to expel John Smith, a
senator from Ohio from October 25 1893,
until he resigned April 81, 1908. Indict-
ments had been found against Senator
Smith in the courts of Virginia, but he was
not convicted When the resolution for ex-
pulsion were reported to the Senate the
vote. after long debate resulted 10 yeas
and 10 nays. Two-thirds of the Senate not
concurring, he was not expelled. but about
two weeks later he resigned.
A number of southern senators were ex-
PEELED when their states seeded. Jesse d.
Bright, senator from Indiana from March
T. 1S45. to February 5. 1852, was expelled on
the charge of disloyalty to the United
States after 1t was shown he had written a
letter to Jefferson Davis, president of the
cenfederacy, introducing d Texan whose
business was to dispose of IAN improve
ment in firearms.
Senator Simmons Case.
Another case where a senator resigned
without final action having been taken on
charges against him is that of James F.
Simmons, who while senator from Rhode
Island resigned in August. 1852 under
charges alleging that he had received COM
pensation on government contracts. Near
the end OF MIR. Simmons second term in the
Senate resolution was submitted that he
be expelled.
The preamble stated that it appeared from
q report of the Secretary of War that Mr..
Simmons had exercised his official influence
to procure an order authorizing a certain
person to manufac ture rifles in behalf of
the government, and that Mr. Simmons had
agreed to receive as compensation for such
services the sum of $4,000, and that he
already had received two promissory notes
amounting to 10000. The committee on the
judiciary reported that the facts were SUBJ
stantially as given, and that they were Of
opinion that such a practice is entirely
indefensible. and that 1t was highly i'm
proper for senator of the United States
to have acted thus, even when the govern
ment sustained no loss thereby; that it
was manifest that Congress disapproved of
such conduct from the fact that they had
promptly passed law making it a penal
ofense thereafter, but that to visit Sc
we're penalty on an act which at the time
of its commission was not punishable or
forbidden by public law would be retro
active in its effect and render the step liable
to that objection to which all post facto
laws are justly subject. The committee
unanimously reported the resolution. ac-
companied by the statement OF facts, SO
that the Senate might take such action as
they might think fit. No action was taken
Congress adjourned after the report was
made, and Mr. Simmons resigned his seat
in the Senate before the next session
James w. Patterson. a senator from New
Hampshire from March 4, 1857, to March
3. 1873. was charged with bribery as the
result of evidence taken by select COM
mittee of the House of Representatives for
the purpose of examining the charges of
bribery of members of that body 1t was
impossible for the Senate to consider the
charge at the session when it was made
and Mr.. Patterson's term expired before the
inquiry had been made. The Senate voted
that 1t was very Questionable If it was
competent for the Senate to act after Mr.
Patterson had ceased to be member of
that body.