The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-29
BURTON IS THE FIRST.
No other Senator Ever Convicted of
Bribery.

Washington, March 29.-The records
Of senate election cases from 1888 to
1903 show no expulsion of a senator for
conviction of a crime, though there have
been instances where members of the
senate have resigned before action on
charges.
The first expulsion from the senate
for any cause was that of William
Blount, who was a senator from Tennes-
see from 1896 to 1899. A special investi-
cation committee found him guilty of
the authorship of letter capable of
various constructions, but which in his
own mind, according to the letter, ap-
peared to be Inconsistent with the in
terests of the United States and Spain. .
He was found guilty of high INSIDE
meanor and a resolution of expulsion
was adopted by a vote of rs to /.
For completely in the Burr conspiracy
an action was brought to expel John
Smith, a senator from Ohio from Octo-
Der 25, 1903, until he resigned April %,
1903. Indictments had been found
against Senator Smith in the courts of
When the resolutions for expulsion were
presented to the senate the vote after
long debate resulted 10 yeas to 10 nays.
Two-thirds of the senate not concurring
therein, he was not expelled, but about
two weeks later he resigned. A num-
Der of southern senators were expelled
when their states seeded.
Jesse d. Bright, senator for Indiana
from March 4, 1845, to February 5, 1862,
was expelled on the charge of disloyalty
to the United States, after 1t was shown
he had written a letter to Jefferson Da-
Wis, president of the Confederacy, in
Producing a Texan, whose business was
to dispose of IAN improvement in fire.
arms"
Another case where a senator re-
signed without final action having been
taken on charges brought against him
is that OF James F. Simmons, who, while
a senator from Rhode Island, resigned
in August, 1862, under charges alleging
that he had received compensation on
government contracts. Near the end of
Mr. Simmons second term in the senate
a resolution was submitted that he be
expelled.
from report of the secretary of war that
Mr.. Simmons had exercised his official in
l Il renee 70 procure an order AUTHORIZING
certain person to manufacture rifles in
/ behalf of the government and that Mr..
Simmons had agreed to receive as COM
! pensation for such service the sum of $50
0Oo, and that he already had received two
promissory notes amounting to $1,000
! The committee on the judiciary reported
and that it was of the opinion that ''such
a; practice is entirely indefensible and
that 1t was highly improper for senator
of the United States to have acted thus
even when the government sustained nc
loss thereby" that it was manifest that
congress disapproved of such conduct
/ from the fact that it had promptly passed
law making 1t penal offense thereaf-
ter, but that to visit a severe penalty or
an act which at the time of its commits.
sion was not punishable or forbidden
would be retroactive in It's effect and rem.
| der the step liable to that objection tC
| which all post facto laws are justly sub.
| 1ect.
The committee unanimously reported
the resolution accompanied by the state
ment of facts so that the senate might
take such action as it might think best
No action was taken. Congress adjourned
after the report was made and Mr. Sim
| mons resigned his seat in the senate be
fore the next session.
James w. Patterson, senator from New
Hampshire from March 4, 1857 till Marcel
l. 1873, was charged with bribery as tn.
result of evidence taken by a select com
mittee of the house for the purpose o
examining the charges of bribery agains
members of that body. 1t was impossible
for the senate to consider the charge a
the session when it was made and Mr.
Patterson's term expired before the in
quiry had been made. The senate vote,
that it was very questionable if it wa
competent for it to act after Mr.. Patter
son had ceased to be a member of tina
body.