BIO: Judge Thomas BURNSIDE, Centre County, Pennsylvania Contributed for use in the USGenWeb Archives by Judy Banja and Joan Brooks Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/centre/ _______________________________________________ Commemorative Biographical Record of Central Pennsylvania: Including the Counties of Centre, Clearfield, Jefferson and Clarion: Containing Biographical Sketches of Prominent and Representative Citizens, Etc. Chicago: J. H. Beers, 1898. _______________________________________________ COMMEMORATIVE BIOGRAPHICAL RECORD, pages 25-26 JUDGE THOMAS BURNSIDE (deceased), who was a resident of Bellefonte, Centre county, was born near Newton Stewart, in County Tyrone, Ireland, July 28, 1782. He came with his father's (William Burnside) family in 1792 to Montgomery county, his father locating near Fairview, in Lower Providence, in that county. In November, 1800, he commenced the study of law under Hon. Robert Porter, of Philadelphia, and was admitted to the Bar February 13, 1804, and in March removed to and settled in Bellefonte, Centre county. In 1811 he was elected to the State Senate, and was an active supporter of Gov. Simon Snyder in all the war measures of 1812. In 1815, he was elected to Congress, and served during the memorable session of 1816. In the summer of the same year he was appointed by Gov. Snyder president judge of the Luzerne District. He resigned that position in 1818, and resumed practice at Bellefonte. In 1823, he was again elected to the State Senate, of which body he was chosen speaker. In 1826, before his senatorial term had expired, he was appointed president judge of the Fourth Judicial District, which office he held until 1841, when he was appointed president judge of the Seventh Judicial District. On January 1, 1854, he was commissioned one of the justices of the Supreme Court of Pennsylvania, an office which he filled with honor up to the time of his death. Gov. Curtin once said: "Judge Burnside was a man of indomitable will, and had that intensity of purpose, which baffled want, poverty, and ill-fortune. He came to this county when it was comparatively a wilderness, without means or friends, and supplied the want of early educational training by his energy and perseverance. His goodness of heart, and open-handed hospitality soon surrounded him with a circle of stead- COMMEMORATIVE BIOGRAPHICAL RECORD - 26 fast personal friends, and his large and liberal views of progress, with his lofty State pride, made him a captain of men and a ruling spirit." As a judge he possessed a keen and discriminating sense of justice, and extensive knowledge of law and moral courage to carry its mandates into execution. As remarked by Hon. James MacManus, one of his students, his great strength of mind, common sense and quickness of apprehension enabled him to grasp the main points of a case, and with a vigorous step and a stately march he would clear away the rubbish of technicality, caring only for the justice of the cause before him. Mr. MacManus relates that upon the occasion of some eminent visitor arriving at the judge's house in Bellefonte, Mrs. Burnside sent Mr. MacManus for the Judge, who was holding court at Lewistown. It was late in the week, and a canal case to try, but the Judge asked the lawyers to continue the case to oblige him. They replied that the case was important, and the witnesses from a distance. "Well then, go on; I will try it for you," said Judge Burnside. Taking a little time to get the facts accurately, he drove the case through and charged the jury, and was ready by the time he had fixed upon to go home, and, what was remarkable, his opinion was the only one sustained of several which went up from different districts the canal passed through, involving precisely similar questions of law. Judge Burnside took a deep and lively interest in all public enterprises of the day-turnpikes, canals, railroads-and there are few public improvements, whether in his own immediate neighborhood, or in more remote portions of the State, which do not owe much of their success to his exertions and influence. If ever he was biased on the Bench, it was by delay caused by riots or tumults obstructing their progress even temporarily. The late Judge A. S. Wilson used to relate an anecdote in point: "I was concerned, when at the Bar, for a poor Irishman, who with others had been convicted of a riot on the canal near Lewistown; to my utter surprise he was called up with the rest for sentence. 'Why' I remonstrated with the Court, 'the evidence shows clearly my client was on the other side of the river when the riot took place.' 'It don't matter,' said Judge Burnside, 'if he could have gotten over he would have been in it.'" In person, the Judge was of medium height, had prominent nose and eyes, dark complexion, and was rather noted for want of comeliness of features. His kindness and blunt honesty made ample amends for his lack of personal beauty. In the language of Mr. MacManus, the "judicial ermine was as unspotted when he laid it aside for the habiliments of the grave as when he first put it on." Judge Burnside died at the residence of his son-in-law, Mr. E. Morris, in Germantown, March 25, 1857, in the sixty-ninth year of his age. His first wife, Mary (Fleming), died February 28, 1813, at the early age of twenty-eight. Her children were: Mrs. Harvey Mann, of Boiling Spring; Mrs. Mary Morris, and the late Hon. James Burnside. By his second wife, Ellen (Winters), he also had children now residing in Bellefonte: Miss Lucy Burnside, Thomas Burnside and Mrs. Frances Boal. Mrs. Ellen W. Burnside died in Bellefonte, June 3, 1859, aged seventy-three years, eight months and seventeen days.