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{{short description|American lawyer}}
{{short description|American lawyer}}

{{Use mdy dates|date=December 2020}}
{{Use mdy dates|date=December 2020}}
{{Infobox officeholder
{{Infobox officeholder
| name = Henry Lawrence Burnett
| name = Henry Lawrence Burnett
| image = HenrLawrBurn-2.jpg
| image = HenrLawrBurn-2.jpg
| caption =
| caption =
| office = [[United States Attorney for the Southern District of New York|U.S. Attorney for the Southern District of New York]]
| office = [[United States Attorney for the Southern District of New York|U.S. Attorney for the Southern District of New York]]
| president = [[William McKinley]]<br>[[Theodore Roosevelt]]
| president = [[William McKinley]]<br>[[Theodore Roosevelt]]
| term_start = January 1898
| term_start = January 1898
| term_end = January 1906
| term_end = January 1906
| predecessor = [[Wallace Macfarlane]]
| predecessor = [[Wallace Macfarlane]]
| successor = [[Henry L. Stimson]]
| successor = [[Henry L. Stimson]]
| birth_date = {{birth date|1838|12|26}}
| birth_date = {{birth date|1838|12|26}}
| death_date = {{death date and age|1916|1|4|1838|12|26}}
| death_date = {{death date and age|1916|1|4|1838|12|26}}
| birth_place = [[Youngstown, Ohio|Youngstown]], [[Ohio]], U.S.
| birth_place = [[Youngstown, Ohio]], U.S.
| death_place = [[New York City]], [[New York (state)|New York]], U.S.
| death_place = [[New York City]], New York, U.S.
| restingplace = [[Slate Hill Cemetery]]<br>[[Goshen (village), New York|Goshen]], [[New York (state)|New York]]
| restingplace = [[Slate Hill Cemetery]]<br>[[Goshen (village), New York|Goshen, New York]]
| education = [[Chester, Ohio|Chester Academy]]<br>[[Hiram College|Hiram Academy]]
| education = [[Chester, Ohio|Chester Academy]]<br>[[Hiram College|Hiram Academy]]
| alma_mater = [[Poland Seminary|Ohio State National Law School]]
| alma_mater = [[Poland Seminary|Ohio State National Law School]]
| parents =
| parents =
| spouse = {{plainlist|
| spouse = {{marriage|Grace Hoffman<br>|October 27, 1858|1864|reason=her death}}<br>{{marriage|Sarah Gibson Lansing<br>|September 4, 1867|1877|reason=her death}}<br>{{marriage|[[Agnes Suffern Tailer Burnett|Agnes Suffern Tailer]]<br>|January 31, 1882}}
* {{marriage|Grace Hoffman<br>|October 27, 1858|1864|reason=her death}}
| children =
* {{marriage|Sarah Gibson Lansing<br>|September 4, 1867|1877|reason=her death}}
| relations =
* {{marriage|[[Agnes Suffern Tailer Burnett|Agnes Suffern Tailer]]<br>|January 31, 1882}}
| allegiance = [[United States of America]]<br/>[[Union (American Civil War)|Union]]
}}
| branch = [[United States Army]]<br/>[[Union Army]]
| serviceyears = 1861–1865
| children =
| relations =
| rank = [[File:Union army maj rank insignia.jpg|35px]] [[Major (United States)|Major]]<br>[[File:Union Army major general rank insignia.svg|35px]] [[Brevet (military)|Brevet]] [[Brigadier general (United States)|Brigadier General]]
| allegiance = [[United States of America]]<br/>[[Union (American Civil War)|Union]]
| commands =
| unit =
| branch = [[United States Army]]<br/>[[Union Army]]
| serviceyears = 1861–1865
| battles = [[American Civil War]]:<br>{{*}}[[Battle of Carthage (1861)|Battle of Carthage]]<br>{{*}}[[Battle of Old Fort Wayne]]<br>{{*}}[[Knoxville Campaign]]
| rank = [[File:Union army maj rank insignia.jpg|35px]] [[Major (United States)|Major]]<br>[[File:Union Army major general rank insignia.svg|35px]] [[Brevet (military)|Brevet]] [[Brigadier general (United States)|Brigadier General]]
| awards =
| laterwork =
| commands =
| signature = Signature of Henry Lawrence Burnett.png
| unit =
| battles =
{{tree list}}
* [[American Civil War]]
** [[Battle of Carthage (1861)|Battle of Carthage]]
** [[Battle of Old Fort Wayne]]
** [[Knoxville campaign]]
{{tree list/end}}
| awards =
| laterwork =
| signature = Signature of Henry Lawrence Burnett.png
}}
}}
'''Henry Lawrence Burnett''' (December 26, 1838 – January 4, 1916) was an American lawyer and, after serving as a [[Major (military)|major]] in the [[Cavalry Corps (Union Army)]], he was a [[Colonel (United States)|colonel]] and [[Judge Advocate General's Corps (United States)|Judge Advocate]] in the [[Union Army]] during the [[American Civil War]]. He was a prosecutor in the trial that followed the [[Abraham Lincoln assassination]].<ref name="Colby1917">{{cite book|last1=Colby, M.A.|first1=Frank Moore|title=The New International Year Book {{!}} A Compendium of the World's Progress for the year 1916|date=1917|publisher=Dodd, Mead & Company, Inc.|location=New York|page=106|url=https://books.google.com/books?id=eytNAQAAMAAJ&pg=PA106|accessdate=3 November 2017|language=en}}</ref> He was appointed to the grade of [[Brevet (military)|brevet]] [[Brigadier general (United States)|brigadier general]] of volunteers in 1866, to rank from March 13, 1865.
'''Henry Lawrence Burnett''' (December 26, 1838 – January 4, 1916) was an American lawyer and, after serving as a [[Major (rank)|major]] in the [[Cavalry Corps (Union Army)]], he was a [[Colonel (United States)|colonel]] and [[Judge Advocate General's Corps (United States)|Judge Advocate]] in the [[Union Army]] during the [[American Civil War]]. He was a prosecutor in the trial that followed the [[assassination of Abraham Lincoln]].<ref name="Colby1917">{{cite book |last1=Colby, M.A. |first1=Frank Moore |title=The New International Year Book {{!}} A Compendium of the World's Progress for the year 1916 |date=1917 |publisher=Dodd, Mead & Company, Inc. |location=New York |page=106 |url=https://books.google.com/books?id=eytNAQAAMAAJ&pg=PA106 |access-date=November 3, 2017 |language=en}}</ref> He was appointed to the grade of [[Brevet (military)|brevet]] [[Brigadier general (United States)|brigadier general]] of volunteers in 1866, to rank from March 13, 1865.


==Early life==
==Early life==
Burnett was born in [[Youngstown, Ohio]], in 1838. He was the son of Henry Burnett (1801–1876), an [[abolitionist]], and Nancy ([[née]] Jones) Burnett (d. 1880).<ref name="Randall1912">{{cite book|last1=Randall|first1=Emilius Oviatt|last2=Ryan|first2=Daniel Joseph|title=History of Ohio: The Rise and Progress of an American State|date=1912|publisher=Century History Company|pages=105–112|url=https://books.google.com/books?id=oQ8WAAAAYAAJ&pg=PA105|accessdate=3 November 2017|language=en}}</ref> His paternal grandfather, Samuel Burnett, a native of [[Morristown, New Jersey]], was well educated and at one time was prominent and influential. He had a considerable fortune, but lost most of his property during the [[American Revolutionary War|Revolutionary War]], along with [[Robert Morris (judge)|Robert Morris]],<ref name="Randall1912"/> and emigrated west to Ohio around 1798.<ref name="HBurnett">{{cite web|title=Henry Burnett - An Ohio Pioneer |url=https://www.iment.com/maida/familytree/burnett/henrysr.htm#obit|website=www.iment.com|accessdate=3 November 2017}}</ref> He was also a descendant of [[William Burnet (colonial administrator)|William Burnett]], a [[List of colonial governors of New York|colonial governor of New York]] and [[List of colonial governors of New Jersey|New Jersey]].<ref name="HLBObit1916"/>
Burnett was born in [[Youngstown, Ohio]], in 1838. He was the son of Henry Burnett (1801–1876), an [[abolitionist]], and Nancy ([[née]] Jones) Burnett (d. 1880).<ref name="Randall1912">{{cite book |last1=Randall |first1=Emilius Oviatt |last2=Ryan |first2=Daniel Joseph |title=History of Ohio: The Rise and Progress of an American State |date=1912 |publisher=Century History Company |pages=105–112 |url=https://books.google.com/books?id=oQ8WAAAAYAAJ&pg=PA105 |access-date=November 3, 2017 |language=en}}</ref> His paternal grandfather, Samuel Burnett, a native of [[Morristown, New Jersey]], was well educated and at one time was prominent and influential. He had a considerable fortune, but lost most of his property during the [[American Revolutionary War|Revolutionary War]], along with [[Robert Morris (judge)|Robert Morris]],<ref name="Randall1912"/> and emigrated west to Ohio around 1798.<ref>{{cite web |title=Henry Burnett - An Ohio Pioneer |url=https://www.iment.com/maida/familytree/burnett/henrysr.htm#obit|website=www.iment.com |access-date=November 3, 2017}}</ref> He was also a descendant of [[William Burnet (colonial administrator)|William Burnett]], a [[List of colonial governors of New York|colonial governor of New York]] and [[List of colonial governors of New Jersey|New Jersey]].<ref name="HLBObit1916"/>


Determined not to become a [[farmer]], he ran away from home to get an education. He attended [[Chester, Ohio|Chester Academy]] and, later, [[Hiram College]] where he was taught by later President [[James A. Garfield]].<ref name="iment"/>
Determined not to become a [[farmer]], he ran away from home to get an education. He attended [[Chester, Ohio|Chester Academy]] and, later, [[Hiram College]] where he was taught by later President [[James A. Garfield]].<ref name="iment"/>


In 1855, he began his studies at [[Poland Seminary|Ohio State National Law School]], in [[Poland, Ohio]], graduating in 1859.<ref name="Colby1917"/> Following his graduation, he began reading law with Judge Benjamin F. Hoffman, law partner of [[David Tod]], who later served as [[Governor of Ohio]]. He was [[admitted to the bar]] in 1860, and began practicing in [[Warren, Ohio]].<ref name="iment"/>
In 1855, he began his studies at [[Poland Seminary|Ohio State National Law School]], in [[Poland, Ohio]], graduating in 1859.<ref name="Colby1917"/> Following his graduation, he began reading law with Judge Benjamin F. Hoffman, law partner of [[David Tod]], who later served as [[Governor of Ohio]]. He was [[admitted to the bar]] in 1860, and began practicing in [[Warren, Ohio]].<ref name="iment"/>


==Career==
==Career==
In 1861 when the Civil War broke out, Burnett joined the [[2nd Ohio Cavalry]], where he rose to the rank of [[major (United States)|major]] in 1862. In this capacity he commanded 400 cavalry soldiers during an operation into the Oklahoma Territory, and defended the actions of a colonel who placed General James Blunt under arrest.<ref>Joshua E. Kastenberg, Law in War, Law as War: Brigadier General Joseph Holt and the Judge Advocate General’s Department in the Civil War and Early Reconstruction, 1861-1865 (Durham, NC: Carolina Academic Press, 2011), 139</ref> After being trampled by a horse and seriously injured in 1863, however, he transferred to the [[Judge Advocate General's Corps]] of the [[Department of the Ohio]], working for [[Joseph Holt]], the [[Judge Advocate General of the United States Army|Judge Advocate General of the U.S. Army]].<ref name="iment"/>
In 1861 when the Civil War broke out, Burnett joined the [[2nd Ohio Cavalry]], where he rose to the rank of [[major (United States)|major]] in 1862. In this capacity he commanded 400 cavalry soldiers during an operation into the Oklahoma Territory, and defended the actions of a colonel who placed General James Blunt under arrest.<ref>Joshua E. Kastenberg, Law in War, Law as War: Brigadier General Joseph Holt and the Judge Advocate General’s Department in the Civil War and Early Reconstruction, 1861-1865 (Durham, NC: Carolina Academic Press, 2011), 139.</ref> After being trampled by a horse and seriously injured in 1863, however, he transferred to the [[Judge Advocate General's Corps]] of the [[Department of the Ohio]], working for [[Joseph Holt]], the [[Judge Advocate General of the United States Army|Judge Advocate General of the U.S. Army]].<ref name="iment"/>


In 1865, he was appointed [[Brevet (military)|brevet]] [[Colonel (United States)|colonel]] in the Judge Advocate Corps.<ref name="iment"/>
In 1865, he was appointed [[Brevet (military)|brevet]] [[Colonel (United States)|colonel]] in the Judge Advocate Corps.<ref name="iment"/>


===Lincoln assassination trial===
===Lincoln assassination trial===
[[File:JBingham-JHolt-HBurnett.jpg|thumb|left|340px|Henry Burnett ''(right)'' along with [[John Bingham]] ''(left)'' and [[Joseph Holt]] ''(center)'' were the three judges in charge of the Lincoln assassination trial.]][[File:Henry_Lawrence_Burnett_c1865.jpg|thumb|right|Brig. Gen. Henry Lawrence Burnett]]
[[File:JBingham-JHolt-HBurnett.jpg|thumb|left|340px|Henry Burnett ''(right)'' along with [[John Bingham]] ''(left)'' and [[Joseph Holt]] ''(center)'' were the three judges in charge of the Lincoln assassination trial.]]
[[File:Henry Lawrence Burnett c1865.jpg|thumb|right|Brig. Gen. Henry Lawrence Burnett]]
After the assassination of [[President of the United States|President]] [[Abraham Lincoln]] in 1865, Burnett was called upon by [[United States Secretary of War|Secretary of War]] [[Edwin Stanton]] to be an Assistant [[Judge Advocate General's Corps, U.S. Army|Judge Advocate General]]. Along with him were [[John Bingham]] and [[Joseph Holt]], the Judge Advocate General. The accused conspirators where [[George Atzerodt]], [[David Herold]], [[Lewis Powell (assassin)|Lewis Powell]], [[Samuel Arnold (Lincoln conspirator)|Samuel Arnold]], [[Michael O'Laughlen]], [[Edman Spangler]], [[Samuel Mudd]] and [[Mary Surratt]].<ref name="Randall1912"/>
After the assassination of [[President of the United States|President]] [[Abraham Lincoln]] in 1865, Burnett was called upon by [[United States Secretary of War|Secretary of War]] [[Edwin Stanton]] to be an Assistant [[Judge Advocate General's Corps, U.S. Army|Judge Advocate General]]. Along with him were [[John Bingham]] and [[Joseph Holt]], the Judge Advocate General. The accused conspirators where [[George Atzerodt]], [[David Herold]], [[Lewis Powell (assassin)|Lewis Powell]], [[Samuel Arnold (Lincoln conspirator)|Samuel Arnold]], [[Michael O'Laughlen]], [[Edman Spangler]], [[Samuel Mudd]] and [[Mary Surratt]].<ref name="Randall1912"/>


The trial began on May 10, 1865. The three spent nearly two months in court, awaiting a verdict from the jury. Holt and Bingham attempted to obscure the fact that there were two plots. The first plot was to kidnap Lincoln in exchange for the [[Confederate States of America|Confederate]] prisoners the [[Union (American Civil War)|Union]] had. The second was to assassinate Lincoln, [[Vice President of the United States|Vice President]] [[Andrew Johnson]] and [[United States Secretary of State|Secretary of State]] [[William H. Seward]] to throw the government into chaos.<ref name="Randall1912"/>
The trial began on May 10, 1865. The three spent nearly two months in court, awaiting a verdict from the jury. Holt and Bingham attempted to obscure the fact that there were two plots. The first plot was to kidnap Lincoln in exchange for the [[Confederate States of America|Confederate]] prisoners the [[Union (American Civil War)|Union]] had. The second was to assassinate Lincoln, [[Vice President of the United States|Vice President]] [[Andrew Johnson]] and [[United States Secretary of State|Secretary of State]] [[William H. Seward]] to throw the government into chaos.<ref name="Randall1912"/>


It was important for the prosecution not to reveal the existence of a [[diary]] taken from the body of Lincoln's assassin [[John Wilkes Booth]]. The diary made it clear that the assassination plan dated from 14 April. The defence surprisingly did not call for Booth's diary to be produced in court. Holt was accused of withholding evidence, but it was never proven.
It was important for the prosecution not to reveal the existence of a [[diary]] taken from the body of Lincoln's assassin [[John Wilkes Booth]]. The diary made it clear that the assassination plan dated from April 14. The defence surprisingly did not call for Booth's diary to be produced in court. Holt was accused of withholding evidence, but it was never proven.


On June 29, the eight were found guilty for their involvement in the conspiracy to kill Lincoln. [[Samuel Arnold (Lincoln conspirator)|Arnold]], [[Michael O'Laughlen|O'Laughlen]] and [[Samuel Mudd|Mudd]] were sentenced to life in prison, [[Edman Spangler|Spangler]] six years in prison and [[George Atzerodt|Atzerodt]], [[David Herold|Herold]], [[Lewis Powell (assassin)|Paine]] and [[Mary Surratt|Surratt]] were to hang. They were executed July 7, 1865. Surratt was the first woman in American history to be executed. O'Laughlen died in prison in 1867. Arnold, Spangler, and Mudd were pardoned by [[Andrew Johnson]] in early 1869.
On June 29, the eight were found guilty for their involvement in the conspiracy to kill Lincoln. [[Samuel Arnold (Lincoln conspirator)|Arnold]], [[Michael O'Laughlen|O'Laughlen]] and [[Samuel Mudd|Mudd]] were sentenced to life in prison, [[Edman Spangler|Spangler]] six years in prison and [[George Atzerodt|Atzerodt]], [[David Herold|Herold]], [[Lewis Powell (assassin)|Paine]] and [[Mary Surratt|Surratt]] were to hang. They were executed July 7, 1865. Surratt was the first woman in American history to be executed. O'Laughlen died in prison in 1867. Arnold, Spangler, and Mudd were pardoned by [[Andrew Johnson]] in early 1869.


Following the completion of the trial, in October 1865, Burnett asked to be mustered out on December 1, 1865, which was granted. Senator [[John Sherman]] and Holt asked for him to be appointed a [[Brevet (military)|brevet]] [[Brigadier general (United States)|brigadier general]], which he accepted in May 1866.<ref name="iment"/> On January 13, 1866, [[President of the United States|President]] [[Andrew Johnson]] nominated Burnett for appointment to the grade of brevet brigadier general of volunteers, to rank from March 13, 1865, and the [[United States Senate]] confirmed the appointment on March 12, 1866.<ref>Eicher, John H., and [[David J. Eicher]], ''Civil War High Commands.'' Stanford: Stanford University Press, 2001. {{ISBN|978-0-8047-3641-1}}. p. 741.</ref>
Following the completion of the trial, in October 1865, Burnett asked to be mustered out on December 1, 1865, which was granted. Senator [[John Sherman]] and Holt asked for him to be appointed a [[Brevet (military)|brevet]] [[Brigadier general (United States)|brigadier general]], which he accepted in May 1866.<ref name="iment"/> On January 13, 1866, [[President of the United States|President]] [[Andrew Johnson]] nominated Burnett for appointment to the grade of brevet brigadier general of volunteers, to rank from March 13, 1865, and the [[United States Senate]] confirmed the appointment on March 12, 1866.<ref>Eicher, John H., and [[David J. Eicher]], ''Civil War High Commands''. Stanford: Stanford University Press, 2001, p. 741, {{ISBN|978-0-8047-3641-1}}.</ref>


===Post-Civil War career===
===Post-Civil War career===
In late 1865, he moved to [[New York City]], where he resumed the practice of law with Judge [[Thomas W. Bartley]], former [[List of justices of the Ohio Supreme Court|Justice of the Ohio Supreme Court]] and governor of Ohio, until 1869. Following his practice in New York, Burnett and his second wife moved back to Ohio, where he then practiced law with [[Jacob Dolson Cox]], another former governor, and [[John F. Follett]], who later served as a [[U.S. Representative]], until 1872, when he started a practice in New York with [[Edwin W. Stoughton]].<ref name="HLBObit1916"/><ref name="Randall1912"/>
In late 1865, he moved to [[New York City]], where he resumed the practice of law with Judge [[Thomas W. Bartley]], former [[List of justices of the Ohio Supreme Court|Justice of the Ohio Supreme Court]] and governor of Ohio, until 1869. Following his practice in New York, Burnett and his second wife moved back to Ohio, where he then practiced law with [[Jacob Dolson Cox]], another former governor, and [[John F. Follett]], who later served as a [[U.S. Representative]], until 1872, when he started a practice in New York with [[Edwin W. Stoughton]].<ref name="HLBObit1916"/><ref name="Randall1912"/>


Burnett again moved to [[New York (state)|New York]], this time in [[Buffalo, New York|Buffalo]], where he served as counsel to the [[Buffalo and Erie Railroad]] (where his father-in-law was treasurer), until 1874. After the railroad, he formed several law practices in New York with various prominent men, including ''Emott, Burnett & Hammond'' (with former judge James Emott, Henry B. Hammond, and Charles C. Emott in 1875),<ref name="ABA1917">{{cite book|title=American Bar Association Journal|date=1917|publisher=[[American Bar Association]]|page=674|url=https://books.google.com/books?id=aQdLAAAAYAAJ&pg=PA674|accessdate=3 November 2017|language=en}}</ref><ref name="NYSCofA1885">{{cite book|title=Court of Appeals: New York: 27|date=1885|publisher=W. Lowey, Law Book and Job Printer|location=New York|url=https://books.google.com/books?id=_iVQwRbIsUUC&pg=RA12-PA2|accessdate=3 November 2017|language=en}}</ref> which litigated for and against the Railways,<ref name="1877Erie">{{cite news|title=ERIE MEETS ITS ENEMIES.; A COUNTER SUIT AGAINST M'HENRY. JUDGE DONOHUE ORDERS A STAY OF PROCEEDINGS IN THE MONROE COUNTY ACTION--M'HENRY SAID TO BE WITHOUT TANGIBLE PROPERTY--A PERMANENT INJUNCTION DEMANDED BY THE FRIENDS OF THE REORGANIZATION PLAN.|url=https://www.nytimes.com/1877/12/07/archives/erie-meets-its-enemies-a-counter-suit-against-mhenry-judge-donohue.html|accessdate=3 November 2017|work=[[The New York Times]]|date=7 December 1877}}</ref><ref name="1877Reorg">{{cite news|title=ERIE REORGANIZATION OPPOSED.; A SUIT BEGUN BY M'HENRY AND OTHERS-- SERIOUS CHARGES MADE AGAINST RECEIVER JEWETT AND THE FARMERS' LOAN AND TRUST COMPANY--THE RELIEF APPLIED FOR.|url=https://www.nytimes.com/1877/11/25/archives/erie-reorganization-opposed-a-suit-begun-by-mhenry-and-others.html|accessdate=3 November 2017|work=[[The New York Times]]|date=25 November 1877}}</ref><ref name="Klein2006">{{cite book|last1=Klein|first1=Maury|title=Union Pacific: 1862 - 1893|date=2006|publisher=[[U of Minnesota Press]]|isbn=9781452908731|page=[https://archive.org/details/unionpacific0000klei1_y2t3/page/716 716]|url=https://archive.org/details/unionpacific0000klei1_y2t3|url-access=registration|accessdate=3 November 2017|language=en}}</ref> ''Emott, Burnett & Kidder'' (with Camillus George Kidder in 1877),<ref name="NYSCofA1885"/><ref name="Cyclopaedia1898">{{cite book|title=The National Cyclopaedia of American Biography|date=1898|publisher=J. T. White Company|pages=251–252|url=https://books.google.com/books?id=4NkbAAAAIAAJ&pg=PA252|accessdate=3 November 2017|language=en}}</ref><ref name="Cutter1913">{{cite book|last1=Cutter|first1=William Richard|title=New England Families, Genealogical and Memorial: A Record of the Achievements of Her People in the Making of Commonwealths and the Founding of a Nation|date=1913|publisher=Lewis Historical Publishing Company|page=521|url=https://books.google.com/books?id=ofcsAAAAYAAJ&pg=PA521|accessdate=3 November 2017|language=en}}</ref> ''Bristow, Peet, Burnett, & Opdyke'' (with [[Benjamin Bristow]], a former [[Secretary of the Treasury]], William Peet, and [[George Opdyke|W. S. Opdyke]] in 1878),<ref name="justice">{{cite web|title=Solicitor General: Benjamin H. Bristow {{!}} OSG {{!}} Department of Justice|url=https://www.justice.gov/osg/bio/benjamin-h-bristow|website=www.justice.gov|publisher=[[United States Department of Justice|Department of Justice]]|accessdate=3 November 2017|language=en}}</ref> and ''Burnett & Whitney'' (with [[Edward Baldwin Whitney]] in 1883).<ref name="Harrison">{{cite book|last1=Harrison|first1=Bruce|title=The Family Forest Descendants of Sir Robert Parke|isbn=9781411686304|page=238|url=https://books.google.com/books?id=eKGMUOscGoYC&pg=PA238|accessdate=3 November 2017|language=en}}</ref><ref name="Randall1912"/> He was notable involved in representing the English bondholders in the [[Emma Silver Mine]] litigation.<ref name="1898Appointment"/>
Burnett again moved to [[New York (state)|New York]], this time in [[Buffalo, New York|Buffalo]], where he served as counsel to the [[Buffalo and Erie Railroad]] (where his father-in-law was treasurer), until 1874. After the railroad, he formed several law practices in New York with various prominent men, including ''Emott, Burnett & Hammond'' (with former judge James Emott, Henry B. Hammond, and Charles C. Emott in 1875),<ref>{{cite book |title=American Bar Association Journal |date=1917 |publisher=[[American Bar Association]] |page=674 |url=https://books.google.com/books?id=aQdLAAAAYAAJ&pg=PA674 |access-date=November 3, 2017 |language=en}}</ref><ref name="NYSCofA1885">{{cite book |title=Court of Appeals: New York: 27 |date=1885 |publisher=W. Lowey, Law Book and Job Printer |location=New York |url=https://books.google.com/books?id=_iVQwRbIsUUC&pg=RA12-PA2 |access-date=November 3, 2017 |language=en}}</ref> which litigated for and against the Railways,<ref>{{cite news |title=ERIE MEETS ITS ENEMIES.; A COUNTER SUIT AGAINST M'HENRY. JUDGE DONOHUE ORDERS A STAY OF PROCEEDINGS IN THE MONROE COUNTY ACTION--M'HENRY SAID TO BE WITHOUT TANGIBLE PROPERTY--A PERMANENT INJUNCTION DEMANDED BY THE FRIENDS OF THE REORGANIZATION PLAN. |url=https://www.nytimes.com/1877/12/07/archives/erie-meets-its-enemies-a-counter-suit-against-mhenry-judge-donohue.html |access-date=November 3, 2017 |work=[[The New York Times]] |date=December 7, 1877}}</ref><ref>{{cite news |title=ERIE REORGANIZATION OPPOSED.; A SUIT BEGUN BY M'HENRY AND OTHERS-- SERIOUS CHARGES MADE AGAINST RECEIVER JEWETT AND THE FARMERS' LOAN AND TRUST COMPANY--THE RELIEF APPLIED FOR. |url=https://www.nytimes.com/1877/11/25/archives/erie-reorganization-opposed-a-suit-begun-by-mhenry-and-others.html |access-date=November 3, 2017 |work=[[The New York Times]] |date=November 25, 1877}}</ref><ref>{{cite book |last1=Klein |first1=Maury |title=Union Pacific: 1862 - 1893 |date=2006 |publisher=[[U of Minnesota Press]] |isbn=9781452908731|page=[https://archive.org/details/unionpacific0000klei1_y2t3/page/716 716] |url=https://archive.org/details/unionpacific0000klei1_y2t3 |url-access=registration |access-date=November 3, 2017 |language=en}}</ref> ''Emott, Burnett & Kidder'' (with Camillus George Kidder in 1877),<ref name="NYSCofA1885"/><ref>{{cite book |title=The National Cyclopaedia of American Biography |date=1898 |publisher=J. T. White Company |pages=251–252 |url=https://books.google.com/books?id=4NkbAAAAIAAJ&pg=PA252 |access-date=November 3, 2017 |language=en}}</ref><ref>{{cite book |last1=Cutter |first1=William Richard |title=New England Families, Genealogical and Memorial: A Record of the Achievements of Her People in the Making of Commonwealths and the Founding of a Nation |date=1913 |publisher=Lewis Historical Publishing Company |page=521 |url=https://books.google.com/books?id=ofcsAAAAYAAJ&pg=PA521 |access-date=November 3, 2017 |language=en}}</ref> ''Bristow, Peet, Burnett, & Opdyke'' (with [[Benjamin Bristow]], a former [[Secretary of the Treasury]], William Peet, and [[George Opdyke|W. S. Opdyke]] in 1878),<ref>{{cite web |title=Solicitor General: Benjamin H. Bristow {{!}} OSG {{!}} Department of Justice |url=https://www.justice.gov/osg/bio/benjamin-h-bristow |website=www.justice.gov |publisher=[[United States Department of Justice|Department of Justice]] |access-date=November 3, 2017 |language=en}}</ref> and ''Burnett & Whitney'' (with [[Edward Baldwin Whitney]] in 1883).<ref>{{cite book |last1=Harrison |first1=Bruce |title=The Family Forest Descendants of Sir Robert Parke |isbn=9781411686304 |page=238 |url=https://books.google.com/books?id=eKGMUOscGoYC&pg=PA238 |access-date=November 3, 2017 |language=en}}</ref><ref name="Randall1912"/> He was notably involved in representing the English bondholders in the [[Emma Silver Mine]] litigation.<ref name="1898Appointment"/>


In 1898, [[President of the United States|President]] [[William McKinley]], his close friend,<ref name="HLBObit1916"/> appointed Burnett federal [[district attorney]] for the southern district of [[New York (state)|New York]].<ref name="1898Appointment">{{cite news|title=HENRY L. BURNETT'S CAREER.; A Lawyer, Soldier, and Public Man Since the Time of the War.|url=https://www.nytimes.com/1898/01/06/archives/henry-l-burnetts-career-a-lawyer-soldier-and-public-man-since-the.html|accessdate=3 November 2017|work=[[The New York Times]]|date=January 6, 1898}}</ref> Upon completion of his four-year term, he was reappointed by McKinley's successor, [[Theodore Roosevelt]], for another four-year term in 1901, which he served in until his retirement in 1906.<ref name="Colby1917"/>
In 1898, [[President of the United States|President]] [[William McKinley]], his close friend,<ref name="HLBObit1916"/> appointed Burnett federal [[district attorney]] for the southern district of [[New York (state)|New York]].<ref name="1898Appointment">{{cite news |title=HENRY L. BURNETT'S CAREER.; A Lawyer, Soldier, and Public Man Since the Time of the War. |url=https://www.nytimes.com/1898/01/06/archives/henry-l-burnetts-career-a-lawyer-soldier-and-public-man-since-the.html |access-date=November 3, 2017 |work=[[The New York Times]] |date=January 6, 1898}}</ref> Upon completion of his four-year term, he was reappointed by McKinley's successor, [[Theodore Roosevelt]], for another four-year term in 1901, which he served in until his retirement in 1906.<ref name="Colby1917"/>


==Personal life==
==Personal life==
On October 27, 1858, Burnett married Grace "Kitty" Hoffman (1842–1864), the daughter of Benjamin F. Hoffman, a judge. Together, they were the parents of:<ref name="iment">{{cite web|title=Timeline of the Life of Brigadier General Henry Lawrence Burnett (1838-1916)|url=http://www.iment.com/maida/familytree/burnett/burnetttimeline.htm|website=www.iment.com|accessdate=3 November 2017}}</ref>
On October 27, 1858, Burnett married Grace "Kitty" Hoffman (1842–1864), the daughter of Benjamin F. Hoffman, a judge. Together, they were the parents of:<ref name="iment">{{cite web |title=Timeline of the Life of Brigadier General Henry Lawrence Burnett (1838-1916) |url=http://www.iment.com/maida/familytree/burnett/burnetttimeline.htm |website=www.iment.com |access-date=November 3, 2017}}</ref>


* Grace Hoffman Burnett (1860–1945), who married Baron [[:de:Victor von Oertzen|Victor Siegmund von Oertzen]] (1854–1934), a [[Generalmajor|Maj. Gen.]] in the [[Imperial German army]], in 1878.<ref name="1878Wedding">{{cite news|title=Baron Victor Von Oertzen was married, in Paris recently to Miss Grace Hoffman Burnett of New YorK|url=https://www.newspapers.com/newspage/83258288/|accessdate=3 November 2017|work=Record of the Times|date=November 4, 1878|page=3|language=en}}</ref><ref name="1919Shock">{{cite news|title=BERLIN IS SHOCKED BY ARMY KILLINGS; Survivor of Execution of 29 Marines Testifies at Lieut. Marloh's Trial. FLED FROM A PILE OF DEAD Reinhardt's Adjutant Charged with Forcing the Accused Officer to Disappear. Tells of Wholesale Executions. BERLIN IS SHOCKED BY ARMY KILLINGS Says Reinhardt Condemned Him. Lieutenant Spirited Away. Says Kessel Claimed Big Backing. Reinhardt Reported Out of Army.|url=https://www.nytimes.com/1919/12/08/archives/berlin-is-shocked-by-army-killings-survivor-of-execution-of-29.html|accessdate=3 November 2017|work=[[The New York Times]]|date=8 December 1919}}</ref>(His sister, Baroness Felicioas von Oertzen was married to William H. Barber in 1890.<ref name="WHB1934Obit">{{cite news|title=WILLIAM H. BARBER.; Pianist and Teacher Headed Music Department of Stamford School.|url=https://www.nytimes.com/1934/02/10/archives/william-h-barber-pianist-and-teacher-headed-music-department-of.html|accessdate=3 November 2017|work=[[The New York Times]]|date=10 February 1934}}</ref>) She died, childless, in [[Bad Doberan]].<ref name="iment"/>
* Grace Hoffman Burnett (1860–1945), who married Baron [[:de:Victor von Oertzen|Victor Siegmund von Oertzen]] (1854–1934), a [[Generalmajor|Maj. Gen.]] in the [[Imperial German army]], in 1878.<ref>{{cite news |title=Baron Victor Von Oertzen was married, in Paris recently to Miss Grace Hoffman Burnett of New YorK |url=https://www.newspapers.com/newspage/83258288/ |access-date=November 3, 2017 |work=Record of the Times |date=November 4, 1878 |page=3 |language=en}}</ref><ref>{{cite news |title=BERLIN IS SHOCKED BY ARMY KILLINGS; Survivor of Execution of 29 Marines Testifies at Lieut. Marloh's Trial. FLED FROM A PILE OF DEAD Reinhardt's Adjutant Charged with Forcing the Accused Officer to Disappear. Tells of Wholesale Executions. BERLIN IS SHOCKED BY ARMY KILLINGS Says Reinhardt Condemned Him. Lieutenant Spirited Away. Says Kessel Claimed Big Backing. Reinhardt Reported Out of Army. |url=https://www.nytimes.com/1919/12/08/archives/berlin-is-shocked-by-army-killings-survivor-of-execution-of-29.html |access-date=November 3, 2017 |work=[[The New York Times]] |date=December 8, 1919}}</ref>(His sister, Baroness Felicioas von Oertzen was married to William H. Barber in 1890.<ref>{{cite news |title=WILLIAM H. BARBER.; Pianist and Teacher Headed Music Department of Stamford School. |url=https://www.nytimes.com/1934/02/10/archives/william-h-barber-pianist-and-teacher-headed-music-department-of.html |access-date=November 3, 2017 |work=[[The New York Times]] |date=February 10, 1934}}</ref>) She died, childless, in [[Bad Doberan]].<ref name="iment"/>
* Catharine "Kitty" Cleveland Burnett (b. 1864),
* Catharine "Kitty" Cleveland Burnett (b. 1864),


After his first wife's death in 1864, he married Sarah Gibson Lansing (1846–1877), the daughter of Brig. Gen. Henry Livingston Lansing (1818–1889), treasurer of the [[Buffalo and Erie Railroad]], and Catharine Olivia ([[née]] Gibson) Lansing (1818–1897), on September 4, 1867. Her paternal grandfather was [[Abraham G. Lansing|Barent Bleecker Lansing]] and her maternal grandparents were Henry Bicker Gibson (1783–1863), banker and president of the [[Rochester and Syracuse Railroad]], and one of the richest men in [[Western New York]], and Sarah (née Sherman) Gibson (herself the aunt of [[William Watts Sherman]]). Before her death in 1877, they were the parents of:
After his first wife's death in 1864, he married Sarah Gibson Lansing (1846–1877), the daughter of Brig. Gen. Henry Livingston Lansing (1818–1889), treasurer of the [[Buffalo and Erie Railroad]], and Catharine Olivia ([[née]] Gibson) Lansing (1818–1897), on September 4, 1867. Her paternal grandfather was [[Abraham G. Lansing|Barent Bleecker Lansing]] and her maternal grandparents were Henry Bicker Gibson (1783–1863), banker and president of the [[Rochester and Syracuse Railroad]], and one of the richest men in [[Western New York]], and Sarah (née Sherman) Gibson (herself the aunt of [[William Watts Sherman]]). Before her death in 1877, they were the parents of:


* Catherine Olivia Gibson Burnett (1873–1934), who married Robert Jewett Mercur (1854–1929) in 1895. They divorced and she married John Evans Bell (1864–1952). Her last marriage was to Robert Meade Van Deusen.<ref name="BTVD">{{cite web|title=Major Bradley T. Van Deusen|url=https://www.iment.com/maida/family/father/index.htm|website=www.iment.com|accessdate=3 November 2017}}</ref>
* Catherine Olivia Gibson Burnett (1873–1934), who married Robert Jewett Mercur (1854–1929) in 1895. They divorced and she married John Evans Bell (1864–1952). Her last marriage was to Robert Meade Van Deusen.<ref>{{cite web |title=Major Bradley T. Van Deusen |url=https://www.iment.com/maida/family/father/index.htm |website=www.iment.com |access-date=November 3, 2017}}</ref>
* Lansing Burnett (1869–1893), who died unmarried.<ref name="Randall1912"/>
* Lansing Burnett (1869–1893), who died unmarried.<ref name="Randall1912"/>


After his second wife's death and burial at [[Forest Lawn Cemetery, Buffalo]] in 1877, he married for the third and final time to [[Agnes Suffern Tailer Burnett|Agnes Suffern Tailer]] (1858–1932)<ref name="ASTBObit1932">{{cite news|title=Mrs. H. L. Burnett|url=https://www.nytimes.com/1932/12/12/archives/exgoylleoddies-at-columbia-s-c-member-of-the-bar-of-his-native-j.html|accessdate=3 November 2017|work=[[The New York Times]]|date=12 December 1932}}</ref> on January 31, 1882, at the [[Church of the Ascension, Episcopal (Manhattan)|Church of the Ascension]] at [[Fifth Avenue]] and [[10th Street (Manhattan)|10th Street]] in Manhattan.<ref name="1882Wedding">{{cite news|title=MISCELLANEOUS CITY NEWS; A BRILLIANT WEDDING. MARRIAGE OF GEN. HERRY L. BURNETT TO MISS AGENTS S. TAILER.|url=https://www.nytimes.com/1882/02/01/archives/miscellaneous-city-news-a-brilliant-wedding-marriage-of-gen-herry-l.html|accessdate=3 November 2017|work=[[The New York Times]]|date=1 February 1882}}</ref> She was the daughter of [[Edward Neufville Tailer]], a prominent New York merchant and banker,<ref name="Henkin1998">{{cite book|last1=Henkin|first1=David M.|title=City Reading: Written Words and Public Spaces in Antebellum New York|date=1998|publisher=[[Columbia University Press]]|isbn=9780231107440|page=130|url=https://books.google.com/books?id=bfxYF1sdhJEC&pg=PA130|accessdate=3 November 2017|language=en}}</ref><ref name="newyorkdiaries">{{cite web|title=TAILER, EDWARD NEUFVILLE|url=https://newyorkdiaries.com/the-diarists/tailer-edward-neufville|website=newyorkdiaries.com|publisher=New York Diaries (1609-2009)|accessdate=3 November 2017|archive-url=https://web.archive.org/web/20171107014223/https://newyorkdiaries.com/the-diarists/tailer-edward-neufville|archive-date=7 November 2017|url-status=dead}}</ref> and the granddaughter of Thomas Suffern<ref name="Folpe2002">{{cite book|last1=Folpe|first1=Emily Kies|title=It Happened on Washington Square|date=2002|publisher=[[JHU Press]]|isbn=9780801870880|page=142|url=https://books.google.com/books?id=thWVcHVixF4C&pg=PA142|accessdate=3 November 2017|language=en}}</ref> and Edward Neufville Tailer, Sr. (descendants of [[William Tailer]], [[List of colonial governors of Massachusetts|colonial governor of Massachusetts]]).<ref name="StNick1902">{{cite book|last1=Saint Nicholas Society of the City of New York|title=Genealogical Record of the Saint Nicholas Society: Advanced Sheets, First Series|date=1902|publisher=Society|page=[https://archive.org/details/genealogicalreco00sain/page/61 61]|url=https://archive.org/details/genealogicalreco00sain|accessdate=3 November 2017|language=en}}</ref> The guests at their wedding included Mr. and Mrs. [[William H. Vanderbilt]], [[William K. Vanderbilt|William]] and [[Alva Belmont|Alva Vanderbilt]], [[Cornelius Vanderbilt II|Cornelius]] and [[Alice Claypoole Vanderbilt]], [[W. Seward Webb|William Seward]] and [[Eliza Osgood Vanderbilt Webb|Eliza Vanderbilt Webb]], Gen. [[James Watson Webb]], [[Ogden Goelet|Ogden]] and [[Mary Wilson Goelet]], Col. and Mrs. [[Astor family|Delancey Kane]], and others.<ref name="1882Wedding"/> Together, they were the parents of:
After his second wife's death and burial at [[Forest Lawn Cemetery (Buffalo, New York)|Forest Lawn Cemetery]] in Buffalo in 1877, he married for the third and final time to [[Agnes Suffern Tailer Burnett|Agnes Suffern Tailer]] (1858–1932)<ref name="ASTBObit1932">{{cite news |title=Mrs. H. L. Burnett |url=https://www.nytimes.com/1932/12/12/archives/exgoylleoddies-at-columbia-s-c-member-of-the-bar-of-his-native-j.html |access-date=November 3, 2017 |work=[[The New York Times]] |date=December 12, 1932}}</ref> on January 31, 1882, at the [[Church of the Ascension, Episcopal (Manhattan)|Church of the Ascension]] at [[Fifth Avenue]] and [[10th Street (Manhattan)|10th Street]] in Manhattan.<ref name="1882Wedding">{{cite news |title=MISCELLANEOUS CITY NEWS; A BRILLIANT WEDDING. MARRIAGE OF GEN. HERRY L. BURNETT TO MISS AGENTS S. TAILER. |url=https://www.nytimes.com/1882/02/01/archives/miscellaneous-city-news-a-brilliant-wedding-marriage-of-gen-herry-l.html |access-date=November 3, 2017 |work=[[The New York Times]] |date=February 1, 1882}}</ref> She was the daughter of [[Edward Neufville Tailer]], a prominent New York merchant and banker,<ref>{{cite book |last1=Henkin |first1=David M. |title=City Reading: Written Words and Public Spaces in Antebellum New York |date=1998 |publisher=[[Columbia University Press]] |isbn=9780231107440 |page=130 |url=https://books.google.com/books?id=bfxYF1sdhJEC&pg=PA130 |access-date=November 3, 2017 |language=en}}</ref><ref>{{cite web |title=TAILER, EDWARD NEUFVILLE |url=https://newyorkdiaries.com/the-diarists/tailer-edward-neufville |website=newyorkdiaries.com |publisher=New York Diaries (1609-2009) |access-date=November 3, 2017 |archive-url=https://web.archive.org/web/20171107014223/https://newyorkdiaries.com/the-diarists/tailer-edward-neufville |archive-date=November 7, 2017 |url-status=dead}}</ref> and the granddaughter of Thomas Suffern<ref>{{cite book |last1=Folpe |first1=Emily Kies |title=It Happened on Washington Square |date=2002 |publisher=[[JHU Press]] |isbn=9780801870880 |page=142 |url=https://books.google.com/books?id=thWVcHVixF4C&pg=PA142 |access-date=November 3, 2017 |language=en}}</ref> and Edward Neufville Tailer Sr. (descendants of [[William Tailer]], [[List of colonial governors of Massachusetts|colonial governor of Massachusetts]]).<ref>{{cite book |last1=Saint Nicholas Society of the City of New York |title=Genealogical Record of the Saint Nicholas Society: Advanced Sheets, First Series |date=1902 |publisher=Society |page=[https://archive.org/details/genealogicalreco00sain/page/61 61] |url=https://archive.org/details/genealogicalreco00sain |access-date=November 3, 2017 |language=en}}</ref> The guests at their wedding included Mr. and Mrs. [[William H. Vanderbilt]], [[William K. Vanderbilt|William]] and [[Alva Belmont|Alva Vanderbilt]], [[Cornelius Vanderbilt II|Cornelius]] and [[Alice Claypoole Vanderbilt]], [[W. Seward Webb|William Seward]] and [[Eliza Osgood Vanderbilt Webb|Eliza Vanderbilt Webb]], Gen. [[James Watson Webb]], [[Ogden Goelet|Ogden]] and [[Mary Wilson Goelet]], Col. and Mrs. [[Astor family|Delancey Kane]], and others.<ref name="1882Wedding"/> Together, they were the parents of:


* Henry Lawrence Burnett, Jr. (1882–1918), a [[Columbia University]] graduate who served as a [[U.S. Marine]] aboard the ''[[Connecticut-class battleship|U.S.S. Connecticut]]'' and died after a fall down the stairs at his home.<ref name="HLBJrObit1918">{{cite news|title=Henry Lawrence Burnett.|url=https://www.nytimes.com/1918/05/15/archives/henry-lawrence-burnett.html|accessdate=3 November 2017|work=[[The New York Times]]|date=15 May 1918}}</ref>
* Henry Lawrence Burnett Jr. (1882–1918), a [[Columbia University]] graduate who served as a [[U.S. Marine]] aboard the {{USS|Connecticut|BB-18|6}} and died after a fall down the stairs at his home.<ref>{{cite news |title=Henry Lawrence Burnett. |url=https://www.nytimes.com/1918/05/15/archives/henry-lawrence-burnett.html |access-date=November 3, 2017 |work=[[The New York Times]] |date=May 15, 1918}}</ref>
* Edward Neufville Tailer Burnett (1885–1966), a [[Yale University]] graduate<ref name="Yale1910">{{cite book|last1=Yale University|title=Catalogue of the Officers and Graduates of Yale University in New Haven, Connecticut, 1701-1910|date=1910|publisher=Tuttle, Morehouse & Taylor|page=236|url=https://books.google.com/books?id=0JTOAAAAMAAJ&pg=PA236|accessdate=3 November 2017|language=en|author1-link=Yale University}}</ref> who moved to [[Coachella, California]].<ref name="ASTBObit1932"/>
* Edward Neufville Tailer Burnett (1885–1966), a [[Yale University]] graduate<ref>{{cite book |last1=Yale University |title=Catalogue of the Officers and Graduates of Yale University in New Haven, Connecticut, 1701-1910 |date=1910 |publisher=Tuttle, Morehouse & Taylor |page=236 |url=https://books.google.com/books?id=0JTOAAAAMAAJ&pg=PA236 |access-date=November 3, 2017 |language=en |author1-link=Yale University}}</ref> who moved to [[Coachella, California]].<ref name="ASTBObit1932"/>
* Robert Suffern Tailer Burnett (1895–1895), who dies young.<ref name="iment"/>
* Robert Suffern Tailer Burnett (1895–1895), who died young.<ref name="iment"/>


He died on January 4, 1916, at his home, 7 [[12th Street (Manhattan)|East 12th Street]], in [[New York City]].<ref name="HLBObit1916">{{cite news|title=GEH. HENRY BURNETT, NOTED LAWYER, DIES; Distinguished as One of the Prosecutors of the Plotters Who Killed Lincoln. SERVED THROUGH CIVIL WAR Appointed United States District Attorney Here by McKinley and Roosevelt.|url=https://www.nytimes.com/1916/01/05/archives/gehhenry-burnett-noted-lawyer-dies-distinguished-as-one-of-the.html|accessdate=3 November 2017|work=[[The New York Times]]|date=January 5, 1916}}</ref> He had been ill for the previous year with pneumonia, traveling between his city home and country home.<ref name="1915Illness">{{cite news|title=GEN. H. L. BURNETT, ILL, RIDES IN BAGGAGE CAR; Ex.-U.S. Attorney Lies on Cot in Journey from Goshen to City Home.|url=https://www.nytimes.com/1915/11/18/archives/gen-h-l-burnett-ill-rides-in-baggage-car-exus-attorney-lies-on-cot.html|accessdate=3 November 2017|work=[[The New York Times]]|date=18 November 1915}}</ref> After a large funeral, he was interred in [[Slate Hill Cemetery]] in Goshen.<ref name="1916Funeral">{{cite news|title=General Burnett's Funeral Today.|url=https://www.nytimes.com/1916/01/07/archives/general-burnetts-funeral-today.html|accessdate=3 November 2017|work=[[The New York Times]]|date=January 7, 1916}}</ref>
He died on January 4, 1916, at his home, 7 [[12th Street (Manhattan)|East 12th Street]], in [[New York City]].<ref name="HLBObit1916">{{cite news |title=GEH. HENRY BURNETT, NOTED LAWYER, DIES; Distinguished as One of the Prosecutors of the Plotters Who Killed Lincoln. SERVED THROUGH CIVIL WAR Appointed United States District Attorney Here by McKinley and Roosevelt. |url=https://www.nytimes.com/1916/01/05/archives/gehhenry-burnett-noted-lawyer-dies-distinguished-as-one-of-the.html |access-date=November 3, 2017 |work=[[The New York Times]] |date=January 5, 1916}}</ref> He had been ill for the previous year with pneumonia, traveling between his city home and country home.<ref>{{cite news |title=GEN. H. L. BURNETT, ILL, RIDES IN BAGGAGE CAR; Ex.-U.S. Attorney Lies on Cot in Journey from Goshen to City Home. |url=https://www.nytimes.com/1915/11/18/archives/gen-h-l-burnett-ill-rides-in-baggage-car-exus-attorney-lies-on-cot.html |access-date=November 3, 2017 |work=[[The New York Times]] |date=November 18, 1915}}</ref> After a large funeral, he was interred in [[Slate Hill Cemetery]] in Goshen.<ref>{{cite news |title=General Burnett's Funeral Today. |url=https://www.nytimes.com/1916/01/07/archives/general-burnetts-funeral-today.html |access-date=November 3, 2017 |work=[[The New York Times]] |date=January 7, 1916}}</ref>


===Society life===
===Society life===
In 1892, both Burnett and his wife Agnes were included in [[Ward McAllister]]'s "[[The Four Hundred (1892)|Four Hundred]]", purported to be an index of New York's best families, published in ''[[The New York Times]]''.<ref name="McAllister1892">{{cite news|last1=McAllister|first1=Ward|title=THE ONLY FOUR HUNDRED {{!}} WARD M'ALLISTER GIVES OUT THE OFFICIAL LIST. HERE ARE THE NAMES, DON'T YOU KNOW, ON THE AUTHORITY OF THEIR GREAT LEADER, YOU UNDER- STAND, AND THEREFORE GENUINE, YOU SEE.|url=https://timesmachine.nytimes.com/timesmachine/1892/02/16/108210917.pdf|accessdate=26 March 2017|work=[[The New York Times]]|date=16 February 1892|language=en}}</ref> Conveniently, 400 was the number of people that could fit into Mrs. Astor's ballroom.<ref name="Keister2005">{{cite book|last1=Keister|first1=Lisa A.|title=Getting Rich: America's New Rich and How They Got That Way|date=2005|publisher=[[Cambridge University Press]]|isbn=9780521536677|page=36|url=https://books.google.com/books?id=5dAtJf1hmAUC&pg=PA36|accessdate=20 October 2017|language=en}}</ref>
In 1892, both Burnett and his wife Agnes were included in [[Ward McAllister]]'s "[[The Four Hundred (1892)|Four Hundred]]", purported to be an index of New York's best families, published in ''[[The New York Times]]''.<ref>{{cite news |last1=McAllister |first1=Ward |title=THE ONLY FOUR HUNDRED {{!}} WARD M'ALLISTER GIVES OUT THE OFFICIAL LIST. HERE ARE THE NAMES, DON'T YOU KNOW, ON THE AUTHORITY OF THEIR GREAT LEADER, YOU UNDER- STAND, AND THEREFORE GENUINE, YOU SEE. |url=https://timesmachine.nytimes.com/timesmachine/1892/02/16/108210917.pdf |access-date=March 26, 2017 |work=[[The New York Times]] |date=February 16, 1892 |language=en}}</ref> Conveniently, 400 was the number of people that could fit into Mrs. Astor's ballroom.<ref>{{cite book |last1=Keister |first1=Lisa A. |title=Getting Rich: America's New Rich and How They Got That Way |date=2005 |publisher=[[Cambridge University Press]] |isbn=9780521536677 |page=36 |url=https://books.google.com/books?id=5dAtJf1hmAUC&pg=PA36 |access-date=October 20, 2017 |language=en}}</ref>


He was a member of the [[Metropolitan Club]], the [[Century Association]], [[Union Club of the City of New York|Union Club]], the [[General Society of Colonial Wars|Colonial Club]], and the Goshen Driving Club. He also served as past president of the [[Ohio Society of New York]], for four years,<ref name="Randall1912"/> and the [[Military Order of the Loyal Legion of the United States|Loyal Legion]].<ref name="HLBObit1916"/>
He was a member of the [[Metropolitan Club (New York City)|Metropolitan Club]], the [[Century Association]], [[Union Club of the City of New York|Union Club]], the [[General Society of Colonial Wars|Colonial Club]], and the Goshen Driving Club. He also served as past president of the [[Ohio Society of New York]], for four years,<ref name="Randall1912"/> and the [[Military Order of the Loyal Legion of the United States|Loyal Legion]].<ref name="HLBObit1916"/>


Seeking a country home away from the city, Burnett and his wife purchased a horse-breeding farm in [[Goshen (village), New York|Goshen, New York]], known as "Hillside Farm," where he raced his stock on the amateur circuit.<ref name="HLBObit1916"/> The 193-acre estate was sold in 1917.<ref name="1917Estate">{{cite news|title=Burnett Estate Sold|url=http://www.iment.com/maida/familytree/burnett/hillsidefarm.htm#sold|accessdate=3 November 2017|work=[[The Middletown Press|Middletown Times-Press]]|date=May 23, 1917}}</ref>
Seeking a country home away from the city, Burnett and his wife purchased a horse-breeding farm in [[Goshen (village), New York|Goshen, New York]], known as "Hillside Farm," where he raced his stock on the amateur circuit.<ref name="HLBObit1916"/> The 193-acre estate was sold in 1917.<ref>{{cite news |title=Burnett Estate Sold |url=http://www.iment.com/maida/familytree/burnett/hillsidefarm.htm#sold |access-date=November 3, 2017|work=[[The Middletown Press|Middletown Times-Press]]|date=May 23, 1917}}</ref>


==Published works==
==Published works==
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[[Category:1838 births]]
[[Category:1838 births]]
[[Category:1916 deaths]]
[[Category:1916 deaths]]
[[Category:Union Army generals]]
[[Category:Union army generals]]
[[Category:United States Attorneys for the Southern District of New York]]
[[Category:United States Attorneys for the Southern District of New York]]
[[Category:People of Ohio in the American Civil War]]
[[Category:People of Ohio in the American Civil War]]

Latest revision as of 21:52, 31 October 2024

Henry Lawrence Burnett
U.S. Attorney for the Southern District of New York
In office
January 1898 – January 1906
PresidentWilliam McKinley
Theodore Roosevelt
Preceded byWallace Macfarlane
Succeeded byHenry L. Stimson
Personal details
Born(1838-12-26)December 26, 1838
Youngstown, Ohio, U.S.
DiedJanuary 4, 1916(1916-01-04) (aged 77)
New York City, New York, U.S.
Resting placeSlate Hill Cemetery
Goshen, New York
Spouses
Grace Hoffman
(m. 1858; died 1864)
Sarah Gibson Lansing
(m. 1867; died 1877)
(m. 1882)
EducationChester Academy
Hiram Academy
Alma materOhio State National Law School
Signature
Military service
AllegianceUnited States of America
Union
Branch/serviceUnited States Army
Union Army
Years of service1861–1865
Rank Major
Brevet Brigadier General
Battles/wars

Henry Lawrence Burnett (December 26, 1838 – January 4, 1916) was an American lawyer and, after serving as a major in the Cavalry Corps (Union Army), he was a colonel and Judge Advocate in the Union Army during the American Civil War. He was a prosecutor in the trial that followed the assassination of Abraham Lincoln.[1] He was appointed to the grade of brevet brigadier general of volunteers in 1866, to rank from March 13, 1865.

Early life

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Burnett was born in Youngstown, Ohio, in 1838. He was the son of Henry Burnett (1801–1876), an abolitionist, and Nancy (née Jones) Burnett (d. 1880).[2] His paternal grandfather, Samuel Burnett, a native of Morristown, New Jersey, was well educated and at one time was prominent and influential. He had a considerable fortune, but lost most of his property during the Revolutionary War, along with Robert Morris,[2] and emigrated west to Ohio around 1798.[3] He was also a descendant of William Burnett, a colonial governor of New York and New Jersey.[4]

Determined not to become a farmer, he ran away from home to get an education. He attended Chester Academy and, later, Hiram College where he was taught by later President James A. Garfield.[5]

In 1855, he began his studies at Ohio State National Law School, in Poland, Ohio, graduating in 1859.[1] Following his graduation, he began reading law with Judge Benjamin F. Hoffman, law partner of David Tod, who later served as Governor of Ohio. He was admitted to the bar in 1860, and began practicing in Warren, Ohio.[5]

Career

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In 1861 when the Civil War broke out, Burnett joined the 2nd Ohio Cavalry, where he rose to the rank of major in 1862. In this capacity he commanded 400 cavalry soldiers during an operation into the Oklahoma Territory, and defended the actions of a colonel who placed General James Blunt under arrest.[6] After being trampled by a horse and seriously injured in 1863, however, he transferred to the Judge Advocate General's Corps of the Department of the Ohio, working for Joseph Holt, the Judge Advocate General of the U.S. Army.[5]

In 1865, he was appointed brevet colonel in the Judge Advocate Corps.[5]

Lincoln assassination trial

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Henry Burnett (right) along with John Bingham (left) and Joseph Holt (center) were the three judges in charge of the Lincoln assassination trial.
Brig. Gen. Henry Lawrence Burnett

After the assassination of President Abraham Lincoln in 1865, Burnett was called upon by Secretary of War Edwin Stanton to be an Assistant Judge Advocate General. Along with him were John Bingham and Joseph Holt, the Judge Advocate General. The accused conspirators where George Atzerodt, David Herold, Lewis Powell, Samuel Arnold, Michael O'Laughlen, Edman Spangler, Samuel Mudd and Mary Surratt.[2]

The trial began on May 10, 1865. The three spent nearly two months in court, awaiting a verdict from the jury. Holt and Bingham attempted to obscure the fact that there were two plots. The first plot was to kidnap Lincoln in exchange for the Confederate prisoners the Union had. The second was to assassinate Lincoln, Vice President Andrew Johnson and Secretary of State William H. Seward to throw the government into chaos.[2]

It was important for the prosecution not to reveal the existence of a diary taken from the body of Lincoln's assassin John Wilkes Booth. The diary made it clear that the assassination plan dated from April 14. The defence surprisingly did not call for Booth's diary to be produced in court. Holt was accused of withholding evidence, but it was never proven.

On June 29, the eight were found guilty for their involvement in the conspiracy to kill Lincoln. Arnold, O'Laughlen and Mudd were sentenced to life in prison, Spangler six years in prison and Atzerodt, Herold, Paine and Surratt were to hang. They were executed July 7, 1865. Surratt was the first woman in American history to be executed. O'Laughlen died in prison in 1867. Arnold, Spangler, and Mudd were pardoned by Andrew Johnson in early 1869.

Following the completion of the trial, in October 1865, Burnett asked to be mustered out on December 1, 1865, which was granted. Senator John Sherman and Holt asked for him to be appointed a brevet brigadier general, which he accepted in May 1866.[5] On January 13, 1866, President Andrew Johnson nominated Burnett for appointment to the grade of brevet brigadier general of volunteers, to rank from March 13, 1865, and the United States Senate confirmed the appointment on March 12, 1866.[7]

Post-Civil War career

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In late 1865, he moved to New York City, where he resumed the practice of law with Judge Thomas W. Bartley, former Justice of the Ohio Supreme Court and governor of Ohio, until 1869. Following his practice in New York, Burnett and his second wife moved back to Ohio, where he then practiced law with Jacob Dolson Cox, another former governor, and John F. Follett, who later served as a U.S. Representative, until 1872, when he started a practice in New York with Edwin W. Stoughton.[4][2]

Burnett again moved to New York, this time in Buffalo, where he served as counsel to the Buffalo and Erie Railroad (where his father-in-law was treasurer), until 1874. After the railroad, he formed several law practices in New York with various prominent men, including Emott, Burnett & Hammond (with former judge James Emott, Henry B. Hammond, and Charles C. Emott in 1875),[8][9] which litigated for and against the Railways,[10][11][12] Emott, Burnett & Kidder (with Camillus George Kidder in 1877),[9][13][14] Bristow, Peet, Burnett, & Opdyke (with Benjamin Bristow, a former Secretary of the Treasury, William Peet, and W. S. Opdyke in 1878),[15] and Burnett & Whitney (with Edward Baldwin Whitney in 1883).[16][2] He was notably involved in representing the English bondholders in the Emma Silver Mine litigation.[17]

In 1898, President William McKinley, his close friend,[4] appointed Burnett federal district attorney for the southern district of New York.[17] Upon completion of his four-year term, he was reappointed by McKinley's successor, Theodore Roosevelt, for another four-year term in 1901, which he served in until his retirement in 1906.[1]

Personal life

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On October 27, 1858, Burnett married Grace "Kitty" Hoffman (1842–1864), the daughter of Benjamin F. Hoffman, a judge. Together, they were the parents of:[5]

After his first wife's death in 1864, he married Sarah Gibson Lansing (1846–1877), the daughter of Brig. Gen. Henry Livingston Lansing (1818–1889), treasurer of the Buffalo and Erie Railroad, and Catharine Olivia (née Gibson) Lansing (1818–1897), on September 4, 1867. Her paternal grandfather was Barent Bleecker Lansing and her maternal grandparents were Henry Bicker Gibson (1783–1863), banker and president of the Rochester and Syracuse Railroad, and one of the richest men in Western New York, and Sarah (née Sherman) Gibson (herself the aunt of William Watts Sherman). Before her death in 1877, they were the parents of:

  • Catherine Olivia Gibson Burnett (1873–1934), who married Robert Jewett Mercur (1854–1929) in 1895. They divorced and she married John Evans Bell (1864–1952). Her last marriage was to Robert Meade Van Deusen.[21]
  • Lansing Burnett (1869–1893), who died unmarried.[2]

After his second wife's death and burial at Forest Lawn Cemetery in Buffalo in 1877, he married for the third and final time to Agnes Suffern Tailer (1858–1932)[22] on January 31, 1882, at the Church of the Ascension at Fifth Avenue and 10th Street in Manhattan.[23] She was the daughter of Edward Neufville Tailer, a prominent New York merchant and banker,[24][25] and the granddaughter of Thomas Suffern[26] and Edward Neufville Tailer Sr. (descendants of William Tailer, colonial governor of Massachusetts).[27] The guests at their wedding included Mr. and Mrs. William H. Vanderbilt, William and Alva Vanderbilt, Cornelius and Alice Claypoole Vanderbilt, William Seward and Eliza Vanderbilt Webb, Gen. James Watson Webb, Ogden and Mary Wilson Goelet, Col. and Mrs. Delancey Kane, and others.[23] Together, they were the parents of:

He died on January 4, 1916, at his home, 7 East 12th Street, in New York City.[4] He had been ill for the previous year with pneumonia, traveling between his city home and country home.[30] After a large funeral, he was interred in Slate Hill Cemetery in Goshen.[31]

Society life

[edit]

In 1892, both Burnett and his wife Agnes were included in Ward McAllister's "Four Hundred", purported to be an index of New York's best families, published in The New York Times.[32] Conveniently, 400 was the number of people that could fit into Mrs. Astor's ballroom.[33]

He was a member of the Metropolitan Club, the Century Association, Union Club, the Colonial Club, and the Goshen Driving Club. He also served as past president of the Ohio Society of New York, for four years,[2] and the Loyal Legion.[4]

Seeking a country home away from the city, Burnett and his wife purchased a horse-breeding farm in Goshen, New York, known as "Hillside Farm," where he raced his stock on the amateur circuit.[4] The 193-acre estate was sold in 1917.[34]

Published works

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See also

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References

[edit]
  1. ^ a b c Colby, M.A., Frank Moore (1917). The New International Year Book | A Compendium of the World's Progress for the year 1916. New York: Dodd, Mead & Company, Inc. p. 106. Retrieved November 3, 2017.
  2. ^ a b c d e f g h Randall, Emilius Oviatt; Ryan, Daniel Joseph (1912). History of Ohio: The Rise and Progress of an American State. Century History Company. pp. 105–112. Retrieved November 3, 2017.
  3. ^ "Henry Burnett - An Ohio Pioneer". www.iment.com. Retrieved November 3, 2017.
  4. ^ a b c d e f "GEH. HENRY BURNETT, NOTED LAWYER, DIES; Distinguished as One of the Prosecutors of the Plotters Who Killed Lincoln. SERVED THROUGH CIVIL WAR Appointed United States District Attorney Here by McKinley and Roosevelt". The New York Times. January 5, 1916. Retrieved November 3, 2017.
  5. ^ a b c d e f g h "Timeline of the Life of Brigadier General Henry Lawrence Burnett (1838-1916)". www.iment.com. Retrieved November 3, 2017.
  6. ^ Joshua E. Kastenberg, Law in War, Law as War: Brigadier General Joseph Holt and the Judge Advocate General’s Department in the Civil War and Early Reconstruction, 1861-1865 (Durham, NC: Carolina Academic Press, 2011), 139.
  7. ^ Eicher, John H., and David J. Eicher, Civil War High Commands. Stanford: Stanford University Press, 2001, p. 741, ISBN 978-0-8047-3641-1.
  8. ^ American Bar Association Journal. American Bar Association. 1917. p. 674. Retrieved November 3, 2017.
  9. ^ a b Court of Appeals: New York: 27. New York: W. Lowey, Law Book and Job Printer. 1885. Retrieved November 3, 2017.
  10. ^ "ERIE MEETS ITS ENEMIES.; A COUNTER SUIT AGAINST M'HENRY. JUDGE DONOHUE ORDERS A STAY OF PROCEEDINGS IN THE MONROE COUNTY ACTION--M'HENRY SAID TO BE WITHOUT TANGIBLE PROPERTY--A PERMANENT INJUNCTION DEMANDED BY THE FRIENDS OF THE REORGANIZATION PLAN". The New York Times. December 7, 1877. Retrieved November 3, 2017.
  11. ^ "ERIE REORGANIZATION OPPOSED.; A SUIT BEGUN BY M'HENRY AND OTHERS-- SERIOUS CHARGES MADE AGAINST RECEIVER JEWETT AND THE FARMERS' LOAN AND TRUST COMPANY--THE RELIEF APPLIED FOR". The New York Times. November 25, 1877. Retrieved November 3, 2017.
  12. ^ Klein, Maury (2006). Union Pacific: 1862 - 1893. U of Minnesota Press. p. 716. ISBN 9781452908731. Retrieved November 3, 2017.
  13. ^ The National Cyclopaedia of American Biography. J. T. White Company. 1898. pp. 251–252. Retrieved November 3, 2017.
  14. ^ Cutter, William Richard (1913). New England Families, Genealogical and Memorial: A Record of the Achievements of Her People in the Making of Commonwealths and the Founding of a Nation. Lewis Historical Publishing Company. p. 521. Retrieved November 3, 2017.
  15. ^ "Solicitor General: Benjamin H. Bristow | OSG | Department of Justice". www.justice.gov. Department of Justice. Retrieved November 3, 2017.
  16. ^ Harrison, Bruce. The Family Forest Descendants of Sir Robert Parke. p. 238. ISBN 9781411686304. Retrieved November 3, 2017.
  17. ^ a b "HENRY L. BURNETT'S CAREER.; A Lawyer, Soldier, and Public Man Since the Time of the War". The New York Times. January 6, 1898. Retrieved November 3, 2017.
  18. ^ "Baron Victor Von Oertzen was married, in Paris recently to Miss Grace Hoffman Burnett of New YorK". Record of the Times. November 4, 1878. p. 3. Retrieved November 3, 2017.
  19. ^ "BERLIN IS SHOCKED BY ARMY KILLINGS; Survivor of Execution of 29 Marines Testifies at Lieut. Marloh's Trial. FLED FROM A PILE OF DEAD Reinhardt's Adjutant Charged with Forcing the Accused Officer to Disappear. Tells of Wholesale Executions. BERLIN IS SHOCKED BY ARMY KILLINGS Says Reinhardt Condemned Him. Lieutenant Spirited Away. Says Kessel Claimed Big Backing. Reinhardt Reported Out of Army". The New York Times. December 8, 1919. Retrieved November 3, 2017.
  20. ^ "WILLIAM H. BARBER.; Pianist and Teacher Headed Music Department of Stamford School". The New York Times. February 10, 1934. Retrieved November 3, 2017.
  21. ^ "Major Bradley T. Van Deusen". www.iment.com. Retrieved November 3, 2017.
  22. ^ a b "Mrs. H. L. Burnett". The New York Times. December 12, 1932. Retrieved November 3, 2017.
  23. ^ a b "MISCELLANEOUS CITY NEWS; A BRILLIANT WEDDING. MARRIAGE OF GEN. HERRY L. BURNETT TO MISS AGENTS S. TAILER". The New York Times. February 1, 1882. Retrieved November 3, 2017.
  24. ^ Henkin, David M. (1998). City Reading: Written Words and Public Spaces in Antebellum New York. Columbia University Press. p. 130. ISBN 9780231107440. Retrieved November 3, 2017.
  25. ^ "TAILER, EDWARD NEUFVILLE". newyorkdiaries.com. New York Diaries (1609-2009). Archived from the original on November 7, 2017. Retrieved November 3, 2017.
  26. ^ Folpe, Emily Kies (2002). It Happened on Washington Square. JHU Press. p. 142. ISBN 9780801870880. Retrieved November 3, 2017.
  27. ^ Saint Nicholas Society of the City of New York (1902). Genealogical Record of the Saint Nicholas Society: Advanced Sheets, First Series. Society. p. 61. Retrieved November 3, 2017.
  28. ^ "Henry Lawrence Burnett". The New York Times. May 15, 1918. Retrieved November 3, 2017.
  29. ^ Yale University (1910). Catalogue of the Officers and Graduates of Yale University in New Haven, Connecticut, 1701-1910. Tuttle, Morehouse & Taylor. p. 236. Retrieved November 3, 2017.
  30. ^ "GEN. H. L. BURNETT, ILL, RIDES IN BAGGAGE CAR; Ex.-U.S. Attorney Lies on Cot in Journey from Goshen to City Home". The New York Times. November 18, 1915. Retrieved November 3, 2017.
  31. ^ "General Burnett's Funeral Today". The New York Times. January 7, 1916. Retrieved November 3, 2017.
  32. ^ McAllister, Ward (February 16, 1892). "THE ONLY FOUR HUNDRED | WARD M'ALLISTER GIVES OUT THE OFFICIAL LIST. HERE ARE THE NAMES, DON'T YOU KNOW, ON THE AUTHORITY OF THEIR GREAT LEADER, YOU UNDER- STAND, AND THEREFORE GENUINE, YOU SEE" (PDF). The New York Times. Retrieved March 26, 2017.
  33. ^ Keister, Lisa A. (2005). Getting Rich: America's New Rich and How They Got That Way. Cambridge University Press. p. 36. ISBN 9780521536677. Retrieved October 20, 2017.
  34. ^ "Burnett Estate Sold". Middletown Times-Press. May 23, 1917. Retrieved November 3, 2017.
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