Joseph R. Burton
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Joseph Ralph Burton (November 16, 1852February 27, 1923) was a lawyer and
United States Senator The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
from the state of
Kansas Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to th ...
. He was the first Senator to be convicted of a crime. He served in the Kansas House of Representatives several times in the 1880s, and was elected to the United States Senate in 1901, but was convicted of accepting bribes in 1905. He appealed twice to the Supreme Court, but the judgement was eventually upheld and he resigned. He lived out his life as a lawyer and newspaperman.


Early life

Burton was born and reared on his father's farm near Mitchell,
Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
. His father, Allen C. Burton, was descended from
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ancestors, who came to America to escape the reign of Cromwell in the 1650s, and settled near Richmond,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
. His great-grandfather, John P. Burton, moved to
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during the Revolutionary War, and in 1820 went to Indiana, where he founded the Indiana line of Burtons. His mother, Elizabeth Holmes, was of Scottish-German descent. He attended the district school and the academy at Mitchell, and at the age of sixteen received an appointment as cadet at the
United States Naval Academy The United States Naval Academy (US Naval Academy, USNA, or Navy) is a federal service academy in Annapolis, Maryland. It was established on 10 October 1845 during the tenure of George Bancroft as Secretary of the Navy. The Naval Academy ...
at Annapolis, but failed to pass the physical examination. He taught school for a time, spent three years in Franklin College (Indiana), and one year at
DePauw University DePauw University is a private liberal arts university in Greencastle, Indiana. It has an enrollment of 1,972 students. The school has a Methodist heritage and was originally known as Indiana Asbury University. DePauw is a member of both the ...
at Greencastle.


Lawyer

In 1874 Burton began to read law in the office of Gordon, Brown & Lamb, at Indianapolis, and in 1875 was admitted to the bar. In the spring of that year, he married Mrs. Carrie (Mitchell) Webster of
Princeton Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the ni ...
. In 1876 Mr. Burton was nominated by the Republicans for presidential elector and made many speeches during the campaign. In 1878 he moved to Abilene,
Kansas Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to th ...
, where he formed a partnership with Judge John H. Mahan for the practice of law.


Politician

He was elected to the
Kansas House of Representatives The Kansas House of Representatives is the lower house of the legislature of the U.S. state of Kansas. Composed of 125 state representatives from districts with roughly equal populations of at least 19,000, its members are responsible for crafti ...
in 1882; was re-elected in 1884 and again in 1888; and was appointed a member of the World's Fair Columbian Commission at
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
in 1893, representing Kansas. In 1895 Burton lacked but one vote of being the Republican Party nominee for United States Senator. But in January 1901, he was elected Senator and began service on March 4, 1901. While in the Senate, he was chairman of the Committee on Forest Reservations and Game Protection ( Fifty-seventh and Fifty-eighth Congresses). He served until June 4, 1906, when he resigned.


Corruption conviction

On January 23, 1904, Burton was indicted by a Federal grand jury at
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,
Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...
, on the charge of having accepted $2,500 from the Rialto Grain and Securities company (a "get-rich-quick" concern), to represent Rialto before the Post Office. He was to have prevented the issuance of a fraud order against the company, thus denying it the use of the US mails. Burton was tried before Judge Adams of the U.S. District Court for the Eastern District of Missouri, in St. Louis, found guilty in March and sentenced to pay a fine of $2,500 and serve six months in the jail at Ironton, Missouri. He was the first United States Senator to be convicted of a crime.United States Senate Historical Office
Expulsion and Censure
He appealed the case to the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, which in January 1905, reversed the decision of the district court, on the grounds that the venue was improper since the money was paid to Burton in Washington, D.C, and remanded the case for a new trial there. The second trial was before Judge Van Devanter of the
United States circuit court The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdic ...
. In November 1905 he was given the same sentence. A second appeal to the Supreme Court followed, and this time the decision of the lower court was sustained. On June 4, 1906, Burton resigned from the Senate.


Later life

After his resignation, he returned to his law practice in Abilene and engaged in the newspaper business. Joseph Burton died in
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in 1923; the body was cremated and the ashes deposited in the columbarium of the Los Angeles Crematory Association. The ashes were removed in 1928 for burial in the Burton family plot in Abilene Cemetery.


See also

* List of American federal politicians convicted of crimes *
List of federal political scandals in the United States This article provides a list of political scandals that involve officials from the government of the United States, sorted from oldest to most recent. Scope and organization of political scandals This article is organized by presidential terms ...
* List of United States senators expelled or censured


References

* * * {{DEFAULTSORT:Burton, Joseph R. 1852 births 1923 deaths 19th-century American lawyers American lawyers admitted to the practice of law by reading law American people convicted of mail and wire fraud American people of English descent American people of German descent American people of Scottish descent American politicians convicted of federal public corruption crimes Criminals from Kansas DePauw University alumni Franklin College (Indiana) alumni Indiana Republicans Kansas lawyers Kansas politicians convicted of crimes Kansas Republicans Members of the Kansas House of Representatives People from Abilene, Kansas People from Mitchell, Indiana Republican Party United States senators from Kansas