¦yALE UNlVtHSITY LIBRARY

3 9002 05423 3169

-.ste, D. K,
Discourse on the Life and Public Services
iiliiliiS of the late Jacob Burnet .

Cincinnati, 1853.

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DISCOURSE

ON THE
LIFE AND PUBLIC SERVICES
OF THE LATE
JACOB BURNET,
DELI.VERED AT SMITH AND NIXON'S HALL
' BY D. K. ESTB,
On the Evening of the 21st of June^ 1853.
CINCINNATI:
FROM THE STEAM PRESS OP THE CINCINNATI GAZETTE CO,
1853.
^^m
DISCOURSE

ON THE

LIFE AND PUBLIC SERVICES

OF THE LATE

JACOB BURNET,

DELIIVEKED AT SMITH AND NIXON'S HALL,

BY D. K. ESTE,

On the Evemng of the 21st of June, 1853.

CINCINNATI:
FROM THE STEAM PRESS OF THE CINCINNATI GAZETTE CO.
1853.

twX'^s^Z.

DISCOURSE

Brethren of the Bar,- —
We have assembled to do honor to the memory of
departed worth. On the 10th of May last, Jacob Burnet,
the patriarch of the Ohio Bar, left us to mourn his de
parture. But we have the consolation to know, that he
filled up the measure of his days with usefulness and
honor; and that, in his dying hours, he was sustained
and cheered with the hope of a happy immortality. Yes,
my friends, he bore with patience, fortitude, and resigna
tion the pains of a sick and dying bed — waited with
christian hope the hour of dissolution — rested on the
merits of Jesus Christ for salvation, and went down to the
grave full of years, respected, honored, and beloved. No
man has been taken from our fraternity, since the estab
lishment of civil government north of the Ohio river,
whose life and public services are so deserving of our no
tice and regard, to whose virtues and bright example we
can look back and dwell upon with so much satisfaction
and delight.
Jacob Burnet, the sixth son of Doctor William Burnet,
of Newark, New Jersey, was born on the 22d of February,
1770 ; received the early part of his education, and pre-

pared for coUege, at hia native place, under the eye of
his father ; became a student at Nassau Hall, under Dr.
Witherspoon ; graduated in September, 1791 ; studied
law under Richard Stockton and Judge Boudinot ; was
admitted to the Bar by the Supreme Court of New Jersey
in the spring of 1796 ; and forthwith came to Cincinnati,
where he resided until his decease.
Tb this brief outline, to enable us correctly to under
stand and to form a just conception of the principles,
sentiments, habits, and an entire character of the de
ceased, it is essential to know the circumstances by which
he was surrounded, and the influences brought to bear
upon his early years, and until the time of entering on
the stage of action, in professional life. He was of Scotch
descent. His grandfather, Doctor Ichabod Burnet, soon
after finishing his education at Edinburgh, removed to
Essex County, New Jersey, and there continued to prac
tise medicine till 1773, when he died, at the advanced
age of eighty-three. His only son, Doctor WiUiam Bur
net, having been liberally educated, was then about forty-
three years of age, in full practice, and so continued until
1775, from which time untU the peace of 1783 he de
voted himself to the public service, in various capacities :
— 'as chairman of the committee of public safety, member
of congress, physician and surgeon general ; subsequently,
until his decease in 1791, as judge of the court in his
native county, and president of the State Medical So
ciety. The mother of Mr. Burnet was a suitable com
panion for so distinguished a gentleman, of great piety,
inteUigence, and refinement of manners.
Thus we perceive that Mr. Burnet was highly favored
with the best means of education the country afforded

not only in the school, in the coUege, and under the
instruction of able and distinguished jurists, but in the
famUy, the social circle, tjie church in which his father's
famUy worshipped — with the venerable Dr. McWhorter,
whom he loved and venerated as pastor and teacher — in
the example and teachings of an enlightened and patriotic
father and elder brother, who were associated with the
greatest patriots of revolutionary memory.
He heard, from day to day as they transpired, the ex
citing and heart stirring events from 1776 to 1783:
grew up in the midst of the discussions of the defects of
the old Confederation, and of the advantages and neces
sity of a new organization, and a more perfect union. He
read and studied the great work of the day, the consti
tutional classic — The Federalist, written by HamUton,
Jay, and Madison, who threw their whole hearts into the
cause, and stamped upon it the indelible impress of ge
nius, learning, far-reaching forecast, wisdom, and patriot
ism. He saw and heard how these defects were remedied
by that rich and invaluable product of all the toUs, sacri
fices, and blood of the Revolution — the Constitution of
the United States ; and he had the inexpressible satis
faction to see that constitution peacefuUy and successfully
go into operation, and was present at the inauguration of
the Father of his country, as first president of the United
States. Before finishing his coUegiate course, Mr. Burnet had
resolved upon the study of law, and where to practise it :
this when the country was a wUderness, and the city we
inhabit a log fort. But he was not in haste, and consid
ered weU the great advantage of being thoroughly pre
pared for action. After taking his degree, he remained

some time at Princeton, as a resident graduate, reviewing
his coUegiate studies, extending his reading in history,
political economy, and metaphysics, under the instruction
of able professors, with whom he was on terms of intimacy
and friendship, and especiaUy the Rev. Doctor Wither
spoon, that great and good man, philosopher and divine,
statesman and patriot. During the progress of his legal
studies, and before, up to his admission to the bar in the
spring of 1796, we have seen that he breathed the at
mosphere of Washington, and of the authors and finishers
of our independence.
In his determination to settle in the North- Western
Territory he never faltered, but adhered to it with firmness
and perseverance. The disasters under Generals Harmer
and St. Clair, and the Indian Massacres, did not discour
age him. And when, in the summer of 1796, he arrived
at Cincinnati, he found a rude fort, and a vUlage of log
cabins, including about fifteen rough frame houses, -with
stone chimneys, with a population of five hundred, includ
ing officers and followers of the army ; and the whole of the
North- Western Territory, extending from Pennsylvania
to the Mississippi, and from the Lakes to the Ohio, with
a white population of but fifteen thousand. One would
suppose that an actual view of facts like these would have
cast a cloud over the bright visions of youth. What ap
parently unpromising prospects for professional effort,
emolument, and poUtical distinction ! No commerce ; in
the center ofan almost unbounded and unbroken forest.
On the north and west, inhabited almost entirely by In
dians, and on the south and east by sparsely settled
early pioneers ; no roads, no bridges ; the pack horse by
land, and on the rivers the lazy flat to float, and the slow

keel to ascend — and the mouth of the Mississippi in the
possession of a foreign government. No manufactures,
and no agriculture beyond what was necessary to supply
immediate wants. Yet here he had resolved to take his
stand, and here, directing his eye to the future, he re
solutely planted himself, with a settled determination to
wait his time ; he who, by nature, education, and asso
ciation, by long and steady training and discipline, sur
rounded by numerous, influential friends, was armed at
aU points, and might have entered the lists, sure of suc
cess, with the most highly gifted, in any of the Atlantic
cities. Advantages thus improved were not long in ex
hibiting their legitimate results. When Mr. Burnet
arrived at Cincinnati, the General Court was in session,
and he was soon retained in most of the cases for trial,
and at once established a reputation as an able, eloquent,
and powerful advocate. He gave clear evidence of being
master of his business ; and, from his temperate, dUigent,
and attentive habits, secured and retained the confidence
of the public.
Before 1796 there were but four counties in the North
western Territory — Washington, HamUton, Knox, and
St. Clair. The seats of justice were Marietta, Cincinnati,
Vincennes, and Kaskaskias ; and early in that year, after
the surrender of the northern posts by the British gov
ernment, Wayne County was added, of which Detroit was
the seat of justice. These counties composed the exten
sive circuit of the supreme judges, consisting of three,
caUed the General Court. The other courts were, the
Common Pleas, and General Quarter Sessions of the
Peace. The General Court was held once a year at the
county seats of Cincinnati, Marietta, and at Detroit and

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other places, as appointed by the court. The judges and
members of the bar made their journeys in company, and
on horseback, taking a pack horse to carry provisions,
swimming streams, and encamping out at^ night. When
Mr Burnet came to this country, he was in delicate
health, with occasional bleeding at the lungs, and appre
hensive of consumption. Yet he determined on the
bold experiment of traversing the wilderness, with its ex
posures and hazards, first to Detroit ; and if that did not
prove fatal, to continue. In his Notes he has given us
minute and graphic descriptions of several of these jour
neys, through swamps, swimming water courses, and en
camping on the ground at night, sometimes covered with
snow. He has informed me that on reaching Detroit,
after his first journey, he was like a new man. His health
soon improved, and he was able to perform, without in
jury, the most laborious duties of his profession. These
journeys he continued to make, attending dUigently the
business of the courts, with the satisfaction to know that
his health was improved, and his efforts crowned with sig
nal success. He has informed us that his most lucrative
practice was at Detroit ; that on the change of govern
ment many suits -were commenced to test the correctness
of the decisions of the commandant, particularly in cases
involving the title of real estate ; and that he received
fees to the amount of |1500 the first term of the court
he attended.
In the year 1798, the white male inhabitants having
increased to the number of five thousand, the North
western Territory, as a matter of right by the Ordinance
of 1787, was admitted to the second grade of Territorial
government. The governor issued his proclamation for

9
an election -, the members of the legislature, when chosen,
nominated ten persons to be returned to the President of
the United States, from whom he was to select five as a
legislative councU. Mr. Burnet was one of the five se
lected and commissioned; and on the 16th of September,
1799, both branches of the first legislative body north
west of the Ohio river, assembled at Cincinnati, and or
ganized for business. During this and the subsequent
sessions of the legislature, under the territorial govern
ment, Mr. Burnet was the leading mind ; and, in the
branch to which he belonged, the chief actor. He says :
" That branch was composed of sensible, strong minded
men, yet they were unaccustomed to the duties of their
new station, and not conversant with the science of law.
The consequence was," that they relied chiefly and almost
entirely on me, to draft and prepare the biUs and other
documents which originated in the council."
Having been in the country less than four years, he is
at the head of the Bar, and the popular, inteUigent, and
efficient leader in the legislature. Almost an entirely
new system of law was undertaken, and the labor devolved
on him. He cheerfiiUy engaged in it ; and was so clearly
con'vinced of the necessity of giving himself up to the
business of legislating for the territory, that he would not
listen to the friends who urged him to be a candidate for
delegate to congress. Thus early and permanently did
his mind make its impress upon the legislative history of
this country.
As early as the year 1800 the subject of applying to
the- general government to become a State began to be
agitated. The Ordinance provided that when there were
60,000 inhabitants, a State government might be formed.
2

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Those in favor of an immediate State government, in
sisted that it was in the power of congress to admit the
District as a State, although there was not the number
required by the Ordinance. It was maintained by those
opposed, that the Ordinance was prohibitory; at any rate,
it was not to be expected that congress would admit,
without conditions, and such as might be prejudicial to
the interests of the people. The contest grew warm.
Mr Burnet took an active part with those who deemed it
premature, impolitic, and prejudicial to the interests of
the people to change, and urged it upon them to wait
until they could claim, as a matter of right, to be admit
ted into the Union as a State. But early in 1802
a census was taken, and, notwithstanding only 45,000
inhabitants were returned, an application was made to
congress for a law to authorize the inhabitants of the
eastern division of the Territory to call a convention, and
form a constitution, preparatory to the establishment of
a State government. The application was granted, and a
law passed, authorizing members of a convention tp be
elected to make a constitution, subject to two important
conditions. First, That congress should have the right
of disposing of the jurisdiction of the territory lying north
of the Une drawn east and west through the southern ex
tremity of Lake Michigan, by estabUshing a territorial
government therein whenever they might see proper;
" although the Ordinance declared, in express terms, that
that territory should remain a part of the State formed
on the south of it, until its inhabitants amounted to
60,000, which was not the case untU 1835."
The second condition was, that " the State should pro
vide by an ordinance, irrevocable without the consent of

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the United States, that every and each tract of land sold
by congress, from and after the 30 th of June next, should
be and remain exempt from any tax laid by order or
under the authority of the State, for the term of five
years, from and after the date of sale." These conditions
were viewed by Mr. Burnet as degrading to the character
and injurious to the future prosperity of the country.
Members of a convention were elected, a constitution
was ma.de, subject to these conditions, and Ohio was ad
mitted as a State into the Union.
Thus much I deemed it proper to state in regard to the
contest preceding the admission of Ohio as a State, that
it may be understood why Mr. Burnet was not a member
of the convention, and took no part in favor of the first
constitution of Ohio. Had he have been a member, we
should, in all probabUity, have seen quite a different in
strument. The decided part which he and many of his
fifiends took in this contest, " excited," as he informs us,
" a prejudice which bore down every man who opposed
the scheme of a State government. My political influ
ence, and that of my associates, sunk into one common
grave. We were proscribed ; and as soon as the plan of
, our competitors was consummated, we submitted to our
destiny with a good grace, and withdrew from all partici
pation in the politics of the day. I devoted myself ex
clusively to the labors and duties of my profession.
Though proscribed as a politician, I retained the confi
dence of the community in all other matters: my business
therefore increased, and kept me constantly employed.
I delighted in that branch of it which is caUed the drudg
ery of the profession. The effect of this course was such,
that in 18 14 the people took me up, of their own accord,

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and elected me to the legislature, when I was absent firom
the State. They re-elected me in 1815, without any
solicitation on my part ; and it was supposed that I should
have been returned again the next year, had I not with
drawn my name."
Having fought the battle manfully and adhering with
firmness to the political principles in which he had been
educated, with what ease, grace, and dignity he fell back
on his profession — adding to his fame, advancing his for
tune, aiding by his purse and counsel the cause of litera
ture and arts, morals and religion, devoting much of his
time to his family and friends, and elevating himself to a
high and influential position in all the social relations.
It was during this period of his political retirement, in
the summer of 1809, that I caUed on him with letters of
introduction from Major Mahlon Ford, who was at St.
Clair's defeat, and General John Doughty, who buUt
Fort Washington. An acquaintance commenced which
ripened into a friendship for life. At this time Mr. Bar-
net was in his fortieth year, in the prime of manhood, and
at the height of his professional career. In person slen
der, erect, and a Uttle above the common heighth ; black
hair, which he wore turned up in front, and tied behind ;
rather a smaU head, with a retreating forehead, and promi
nent nose and chin; large, black, piercing eyes, and
swarthy complexion. He mingled ease with grace and
dignity in his manner ; modest, unassuming, and rather
retiring, with a well-bred habitual propriety in every
movement. His voice was clear, strong, and weU modu
lated; in conversation fluent, somewhat deliberate, re
markable for a distinct enunciation, giving every word
and syllable its full force ; clear in his ideas, and habitu-

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aUy happy in the selection of his words ; always pleasant,
and at times exceedingly interesting. His dress was
usually a fiiU suit of black. Temperate, industrious, sys
tematic, and persevering in his habits, all that you saw
of him attracted notice, commanded respect, and won
confidence. As a a practising lawyer, in the office or at the bar,
such were his habits of diligence and system, that every
thing seemed to be prepared and disposed of with ease.
From the issuing of the praecipe to the close of the ex
ecution, he kept his eye on every step ; nothing escaped
his notice, and his clients were sure that everything would
receive prompt attention. The first great secret of his
success was the careful consideration and thorough pre
paration of his cases. He could not be driven into the
trial of a case unprepared. The pleadings were correct,
and the testimony well marshalled ; the written evidence
in its proper order, and the oral so introduced as to pro
duce the greatest effect. In cross examination fair, with
a due regard to the feelings of the witness, and very in
genious in eUciting the truth ; but wo to the witness who
manifested a disposition to falsify ; he received no quar
ter ; a flash of the eye preceded the most searching,
thorough, and dissecting examination. The effect was
terrible, so much so that the people gave him the name
of the Black Hornet. When addressing the court, respect
ful and courteous, stating his legal propositions with
clearness and deliberation, adducing his authorities with
great judgment, never for a moment losing sight of the
question, confining himself closely to the point, and press
ing the argument with great perspicuity and logical power.
It was, however, in an important ease, before a jury, when

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well prepared, that Mr. Burnet was on the field of his
glory. He knew where he was, what he was to do, and
how to do it. Nothing like arrogance — far, very far fi:om
it ; not the slightest appearance of assumption. When
he rose to speak, however,: before a word was uttered, there
was something so imposing in his appearance and man
ner as to produce universal sUence, and arrest universal
attention. A few of the first sentences would scarcely be
finished, before it was evident to the court, to the jury,
to the bar, and to the bystanders, that he evidently knew
and felt his power ; but this conviction caused nothing
repulsive ; on the contrary, it secured confidence-'— the
confidence that arises from seeing a modest man appar
ently feeling conscious that he is master of his business,
prepared and determined to do it. Ha'ving secured at
tention and made a favorable impression, he proceeded to
open the case with a perspicuity of style and arrangement
of principles and arguments ingeniously interwoven with
the facts expected to be proved, so that, at the close of
his opening, a clear, strong, prima facie case invariably
went to the jury. If you only heard him in the state
ment, you would say there was his strength ; so clear, so
fair, so direct, altogether so favorably impressed, you felt
fuUy prepared to take the most favorable view of the evi
dence to be offered. But I wUl not follow him in the
progress of a case further than to say, that, in summing
up he surpassed his opening. Always self-possessed,
vigUant of every movement of his adversary, and sure to
note every mistake or imprudehce, husbanding, with the
greatest care, aU his resources. No levity, no indiscre
tion ; serious, attentive, earnest. When he commenced
the closing argument, it could easily be perceived, if the

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defence was able, that the jury seemed to expect, almost
as a matter of course, that he would remove every diffi
culty, and clear up all doubt. It is not an easy matter
to describe with what ingenuity, skUl, and facility he met
and overcame the defence; suffice it to say, that he
seemed to remove prejudice, and clear up doubt, with
scarcely an effort. Every weak point in the defence was
made to turn to good account ; and the strong points
were assailed with a skfll, dexterity, and energy that al
most insured success.' Was the testimony merely possi
ble, or doubtful, it did not weigh a feather — probable, it
hardly created a doubt — strong, if not certain — then there
was a thorough sifting and weighing of evidence. The
credibility of the witnesses was subjected to the severest
scrutiny, and the arguments of the opposing counsel,
from the premises to the conclusion, tested by the strict
est rules of logic, and attacked with all the powers of rhe
toric. The defence disposed of, after a short pause, he
usuaUy made a brief and condensed reference to the open
ing, and proceeded to the direct argument of the cause.
Immediately he pointed out the path he was to tread,
every boundary clearly defined, every milestone marked,
you saw from the beginning the end of the journey; and at
the end of the journey you could retrace his steps with an
ease and certainty that excited your admiration, and never
failed to afford the highest satisfaction. As he progressed
in the argument, either by way of confirmation or confuta
tion, he exhibited great ingenuity and happy Ulustration
and logical power. At the conclusion, after a condensed,
lucid, and masterly recapitulation, he pressed the whole
matter home to the minds of the jurors, with an earnest
ness and pathos that could not fail to impress favorably
and deeply whatever vras intended.

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Mr. Burnet continued in the uninterrupted and suc-
cessfiil prosecution of his profession until, in 1814, during
his absence from the State, and without offering himself
as a candidate, he was elected to the legislature. We
have seen that from 1802 to 1814, he had been politi
cally in retirement. His early opposition to the forma
tion of a State government, and his weU-kuown adherence
to the party called Federal, placed and kept him in a
minority. By this time, however, all feelings of hostility
arising out of the struggle for an early State government,
had died away. It was clearly seen that the people had
sustained essential loss, by a premature step, and events
had proved his wisdom and foresight ; stUl, he was a Fed
eralist. Nothing could induce him to believe, that the
party whose founders and leaders were Washington, Ad
ams, Jay, Hamilton, and others, were in the wrong. He
looked upon it, as the party of rational liberty, under the
wholesome restraints of constitutional law. The party
whose principles were best calculated to shield the coun
try from foreign aggression ; and, at home, to restrain the
tendency to disunion and licentiousness, by pro-viding all
necessary securities for the protection of person, liberty,
and property. Yet, after the declaration of war in 1812,
Mr. Burnet, with most of the Federalists, especiaUy in the
west and south, gave their support to the administration,
and when he was elected to the Legislature, it seemed, in
this part of the country, that the time had arrived, when
it might be said— "We are aU Federalists; we are all
Republicans." His services in the Legislature for two sessions, were
faithful and efficient. It was during this period that an
investigation was made into the assumed claim of the

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State of Kentucky to exclusive jurisdiction on the Ohio
river. Under the Territorial government, in 1799, this claim
had been considered, and a biU, introduced by Mr. Bur
net, asserting the right of concurrent jurisdiction over the
river, was unanimously passed. Kentucky re-asserted her
claim, and in 1815 the whole subject underwent a more
thorough investigation. It was found that the act of Vir
ginia, in 1789, authorizing the District of Kentucky to
form a separate government, was in the form of a compact,
in which it was expressly provided, " That the State, to be
formed in the District, should never claim the exclusive
jurisdiction on the Ohio river ; but that it should be for
ever common to them, and to the people of States on the
opposite side ;" to which Kentucky had assented by in
serting a clause in the State Constitution of 1792, mak
ing the compact a part of the same. The Legislature
considered the matter too clear to make any further at
tempt to negotiate, and no difficulty has since arisen.
In 1816 Mr. Burnet declined a re-election, and with
drew fi:om the Bar. Having accumulated a fortune, and
feeUng a strong desire to encourage manufiicturing indus
try, he embarked, in connection with others, a portion of
his capital in a sugar refinery, and in an extensive iron-
foundery estabUshment. These enterprises, however,
proved unsuccessfiil, and caused both embarrassment and
loss. As early as 1803 he connected himself with a
company to extend and encourage western commerce,
called the Miami Exporting Company. Mr. Jesse Hunt,
an experienced and enterprising merchant of Cincinnati,
first suggested the plan. After one or two experiments,
it fefled, and, by virtue of the charter, a bank was es-
3

18
tabUshed, by the well known name of the Miami Export
ing Company.
When, in 1816-17, the improvement of the navigation
of the Ohio river, at the FaUs, began to attract serious
attention, he took a deep interest, with many of our
citizens, in a contemplated improvement on the Indiana
side. A charter was granted by the Legislature of In
diana ; he was appointed a commissioner — exerted his
influence, and expended both time and money in an un
successful effort to carry it into effect.
In 1817 he was elected President of the Branch Bank
of the United States, estabUshed at Cincinnati, and so
continued until, in 1820-21, the affairs of the bank
passed into the hands of an agent. In this new position
he exliibited all his accustomed punctuality and urbanity,
with a strict attention to the duties of his station.
At this period of our history a general indebtedness,
beyond the means of payment, pervaded the countiy.
The banks had suspended specie payments, their paper
greatly depreciated, and credit was gone. Various causes
had contributed to this result, but the chief cause was the
debt due to the general government for lands sold;
(20,000,000) — twenty millions of doUars were due from
the western land offices ; forfeiture and ruin staring the
purchasers in the face, without the least prospect of es
cape ; the crisis was indeed embarrassing — what was to be
done ? Let us not forget what was done, and by whom.
Mr Burnet himself says : « The writer of these Notes,
being one of the sufferers, and discovering a disposition
manifested everywhere to remove the difficulty, directed
his anxious attention to the subject, with a view of de
vising a plan of relief It was very manifest, without

19
pausing to deliberate, that the debt never could be paid ;
and consequently that no plan, predicated on the exten
sion of time, would be of any avaU ; and that the only
effectual method of removing the difficulty, was to extin
guish the claim at once. That object, it was believed,
might be accomplished by obtaining permission to reUn
quish as much ofthe land entered as the purchaser could
not pay for, with the privilege of applying the money
which had been paid in on relinquished tracts, to the
credit of such other tracts as might be retained, in such
manner as to save the improvement of the actual settler.
That pri'vUege, and a release of back interest, it was be
Ueved, would fully accomplish the object." To accom
plish these objects, Mr. Burnet drew up a memorial to
Congress ; it was circulated throughout the west and
south-west for signatures ; was generally approved ; Gov
ernor Worthington exerted himself in its behalf; and
Rufus King, of the United States Senate, took it in hand
with great zeal ; and having added to it a reduced price
of the public lands for cash, succeeded in the accomplish
ment of the desired result. The evil to be remedied was
great — the remedy effectual ; and Mr. Burnet was the
originator of that remedy.
It has been said that the affairs of the Branch Bank of
the United States passed into the hands of an agent :
that agent was  WUson, of Phfladelphia, who, it was
supposed, was authorized to adopt what course he deemed
proper in relation to it. He soon determined to close up
the business, and ordered suits to be brought in the
United States Court. This measure was viewed as un-
caUed for, harsh, and exceedingly oppressive, especiaUy as
most of the debtors required only time, and a large por-

20
tion of the debts were loans of government deposits of
depreciated bank paper, taken at the Land Offices. The
sudden discontinuance of the office, followed up by these
rash and oppressive proceedings, in connection with the
general indebtedness, prodticed consternation, dismay, and
ruin. During this time of general pecuniary embarrassment,
which seriously affected Mr. Burnet, a vacancy took place
on the Bench of the Supreme Court of this State. At
the session of that Court at Urbana, in the summer of
1821, Governor Brown came over from Columbus to con
sult 'with the judges as to a suitable person to fill the
vacancy, when Mr. Burnet's name was mentioned ; it
was doubted by the Governor whether he would accept.
He decided, however, to appoint him, and the next morn
ing handed to me the commission, and remarked : " I
wiU thank you, on your return to Cincinnati, to deUver
this to your friend, and say to him that I hope he wUl
accept the appointment." On my return I presented
him the commission, saluting him with the title of Judge :
he scarcely knew what to make of it. Governor Brown
and himself had been and were then politically opposed.
After a short pause, he remarked, " This is an act of
magnanimity on the part of Governor Brown that I did
not expect — I wfll accept ;" and he immediately prepared
to meet the judges on the circuit. At the ensuing ses
sion of the Legislature he was elected for the term of
seven years, served nearly his fiiU term, and resigned.
Within a few days after, at the session of the Legislature
1828, he was elected to fiU the vacancy in the Senate of
the United States, occasioned by the resignation of Gen.
Harrison, who had been appointed a Minister to Bogota.

21
The appointment of Mr. Burnet as judge gave great
satisfaction to the judges, to the bar, and to the people.
AU knew his legal abflity, great experience, and industri
ous habits, and all had confidence in his integrity. His
associates on the Bench found him all they could wish —
learned in the law, and better acquainted with the legal
history of the country than any man in it. In consulta
tion ready, free to communicate, unassuming, polite, and
at aU times wishing to take and perform his full share of
the labor and responsibflity. As a traveling companion
on the circuit they were delighted with him ; and he was
greeted everywhere by the early settlers, many of whom
had been politicaUy opposed to him, as a friend and
brother. The members of the Bar respected, hon
ored, loved him ; they knew his worth — they felt as if in
the presence of an enlightened, kind, indulgent father ;
one who had traveled the road they were, traveling, who
knew weU its rough and smooth places, its dangerous by
ways, and rugged steeps ; they felt not only wiUing to
trust him as a guide, who could and would lead them
safely, but that it was only necessary to follow his ex
ample to overcome all difficulties, and reap an abundant
harvest of professional success.
During his short term of service in the Senate of the
United States, he took an active and decided part, mode
rate, bat firm. He uniformly maintained Whig princi
ples, and advocated Whig measures ; and, as a faithful
representative, he looked well to the local interests of his
State. In 1830 he offered a resolution, instructing the
committee on public lands "to inquire how far it was expe
dient to alter and to modify the act entitled an act to aid
the State of Ohio in constructing the Miami Canal from

22
Dayton to Lake Erie, and to grant a quantity of land to
the State to aid in the construction of the canals autho
rized by law ; and to inquire particularly if it were not
expedient to repeal so much of said act as provided that
the extension of the Miami Canal shall be completed
within twenty years, or that the State shall be bound to
pay to the United States the amount of any lands pre
viously sold." The resolution passed. Judge Burnet
was heard before the committee ; and, after an able argu
ment, was requested by the chairman to draw a report,
embodying the principal facts in support of the claim ;
and also a bfll to carry it into effect. He did so. The
report was made, the bUl passed ; the penalty of the act
of 1828 was repealed, and an additional grant made to
the State of about two hundred and fifty sections. With
out this land it is questionable whether the Miami Exten
sion would have been completed. This important mea
sure originated with Judge Burnet, and was persevered
in, notwithstanding the opinion of his coUeague in the
Senate, and most of the members from Ohio in the lower
house, that the attempt would fail, particularly that part
of it which contemplated an additional grant of land. His
Senatorial term expired in 1831, and having no desire to
be re-elected, he retired to the walks of private Ufe, there
to continue, untU it should please God to call him hence.
He continued, however, to take a lively interest in
the welfare of the community; was for many years
president of the Medical CoUege of Ohio, of the Coloni
zation Society, of the Astronomical Society, and of the
Ohio Historical and PhUosophical Society ; gave a por
tion of his time to the affairs of the Ohio Life Insurance
and Trust Company ; and in 1847 published his very in-

23
teresting and instructive " Notes on the Early Settlement
of the North- Western Territory." To which should be
added, the distinguished honor of being elected a member
of the French Academy of Sciences.
It has been said that our deceased fi:iend was rather
retiring and modest — he was even diffident. Twice, when
vacancies occurred on the Bench of the Supreme Court of
the United States, in this circuit, by the deaths of Judges
Todd and Trimble, and his friends urged him to be a can
didate, he decUned, alleging his want of qualification,
when no one who knew him could doubt his fitness for
that highly responsible position.
In the year 1800, at Marietta, in this State, Judge
Burnet married Rebecca Wallace, a daughter of Robert
Wallace, Esq., then of Marietta, but before, a merchant
and resident of Phfladelphia, where Mrs. Burnet was born.
They had seven children, six of whom- arrived at mature
age, and five, together with their venerable, pious, re
spected, and beloved mother, still survive. It was in the
bosom of this famfly of wife, chfldren, and grandchfldren
that our deceased friend loved to dwell ; it was here, sur
rounded by every comfort unostentatious wealth could
provide, that, as husband, father, counsellor, and friend,
he dafly exhibited that delicate, tender, affectionate re
gard for their welfare, which so endeared him to them ;
it was here that, for fifty-two years, as the nuptial day
roUed round, it was celebrated with festivity, gratitude,
and gladness ; and it was here, if anjr^vhere, was experi
enced, for more than half a century, the joys of "the
social hearth, of home, and dear, domestic love."
From what has been said, it is evident that Judge Bur-

24
net must occupy a prominent position in the early history
of the North-West. He knew weU the origin, progress,
and value of the free institutions of our country ; he loved
them, and delighted to see them sustained and cherished,
dispensing blessings, incalculable blessings, on every hand.
He had profound reverence for Law, Constitutional Law ;
he looked upon it as the Ufe of the RepubUc. He 'viewed
with suspicion every appearance of disregard to its
wholesome requirements, and rebuked with promptitude
every manifestation of tendency to weaken its power :
liberty, unrestrained by law, he feared. He knew that,
in the language of the immortal bard,
" True liberty
Always with right reason dwells.''
That when the goddess wore upon her brow the wreath of
intelligence and virtue, with her waist encircled by legal
bands, she was fair, beautiful, lovely, and protective ; but
when that wreath was torn off, and those bands burst
asunder, she became a fury, ugly, deformed, hideous, and
destructive. As a member of the Bar, especially, he stood pre
eminent, and wiU be regarded as a finished model for all
future time. In the year 1800 his name was famfliar
to every ear, and his professional services sought after
at Cincinnati, Marietta, Detroit, Vincennes, and Kas
kaskias. From 1796 untfl he closed his eyes forever
upon the light of day, what did he see within the wide
circuit of his practice ? ViUages and locaUties where
the axe of the woodman had not been heard, grown into
and covered with cities ; five States added to the Union,

25
with a population of four mfllions and a half; schools,
coUeges, and churches spread over the country ; the
power of steam penetrating everywhere, over the water
and over the land, and inteUigence wafted on the wings
of lightning firom the Lakes to the Ohio, and to the
Great Father of Waters. The venerable patriarch had
seen enough, and was wilUng to depart.
Respected and honored be his name !

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Gaylord Bros., Inc.
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Syracuse, N. Y.
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