• 
 
 
Class &-44 — 
 
 Book • H^£LW^ 
 
University of the State of New York 
 
 Address 
 
 IN MEMORY OF 
 
 
 Hon. FRANCIS KERNAN, LL.D 
 
 1816-1892 
 
 Delivered by Regent William H, Watson 
 
 AT THE ANNUAL MEETING OF THE 
 
 REGENTS OF THE UNIVERSITY. SENATE CHAMBER, 14 DECEMBER , 
 
 895 
 
 ALBANY 
 
 UNIVERSITY OF THE STATE OF NEW YORK 
 1893 
 

 FRANCIS KERNAN 
 Born 14 January 18 16 Died 8 September 1892 
 
 Elected Regent of the University, 10 February 1870 
 Elected United States Senator, 21 January 1875 
 
 »d4 
 
University of the State of New York 
 
 FRANCIS KERNAN 
 
 Within a very short period this board has been called to 
 mourn the death of two of its most respected and illustrious 
 members. 
 
 The portals of the grave had scarcely closed upon one of 
 the most eminent literary men of our age — the lamented 
 and gifted chancellor of the University — ere they again 
 opened to receive another of our associates, distinguished 
 alike in the forum and at the bar, a leader in one of the 
 great political parties of our country, beloved wherever he 
 was known, a man of national reputation, both as a statesman 
 and a lawyer, who had filled with preeminent ability the most 
 elevated positions in professional and civic life. 
 
 Francis Kernan, a name known throughout the length 
 and breadth of our country, after 52 years' service at the 
 bar, in the early autumn of the year, as of his life, passed 
 to his eternal rest. The white snows of winter, not more 
 pure than his character and fame, now cover his mortal re- 
 mains, but to his colleagues in this board, his memory has 
 the fresh verdure of perennial spring. 
 
 Resfent Kernan was the eldest son of General William 
 Kernan, who emigrated to this country from Ireland about 
 1803. His companion on the voyage to the New World was 
 the father of Charles O'Conor. William Kernan landed 
 in New York where he remained about two years and then 
 removed to Steuben county in this state, to that part of it 
 now included in Schuyler county, and purchased a tract of 
 wild land in the present town of Tyrone. He soon after- 
 ward married Rose Stubbs, also a native of Ireland, who 
 came to this country with her parents in 1808 and settled 
 near the location of General Kernan's farm. 
 
 F.;74m -Ja93- 
 
4 UNIVERSITY OF THE STATE OF NEW YORK 
 
 There, amid the picturesque, rural scenery of western 
 New York, so wonderfully diversified by wild mountain, 
 placid lake and deep resounding glen, Francis Kernan first 
 drew the breath of life on January 14, 18 16, and there im- 
 bibed that freedom of thought, that dignity of character and 
 intellectual health which left so indelible a mark upon his 
 public career in after life. A son of one of its honored pio- 
 neers he early learned those habits of self-denial and honest 
 labor, which, while they invigorate the body, quicken the 
 faculties of the mind and build up manly character. 
 
 Young Kernan remained at home until his 17th year 
 and attended the neighboring district school whenever 
 he could be spared from the duties of the farm. In 1833 
 he went to Georgetown college, in the District of Columbia, 
 an excellent educational institution, for which he ever after 
 retained the warmest affection. That he was an earnest 
 and faithful student during his collegiate course, the speaker 
 possesses most convincing proof, in the readiness, aptness, 
 and felicity with which he has often heard him quote from 
 both Vireil and Horace. 
 
 To Regent Kernan himself, as we shall hereafter see, 
 may be fitly applied those beautiful lines from his favorite 
 poet, in which, so forcibly inculcating the dignity of virtue 
 and describing the only enduring civil merit, he utters the 
 lofty sentiment that through all the ages has been and must 
 forever be true, that the man of real worth is independent 
 of popular favor, and that his happiness does not rest upon 
 the capricious breath of popular applause, 
 
 " Virtus, repulsiE nescia sordidac, 
 Intaminatis fulget honoribus, 
 Ncc sumit aut ponit secures 
 Arbitrio popularis auroc." 
 
 In the fall of 1836, Mr Kernan commenced the study of 
 his profession in the office of his brother-in-law, Edward 
 Quin, in Watkins, at the head of Seneca lake. 
 
 In 1839 nc came to Utica and finished his legal studies in 
 the office of Hon. Joshua A. Spencer and was admitted to 
 
FRANCIS KERNAN 5 
 
 practice in July, 1840. Mr Kernan was ambitious and de 
 sirous of trying his fortune in a wider field. After his ad- 
 mission to the bar he asked Mr Spencer for a letter of 
 recommendation, saying that he proposed to go to some 
 western state to locate. " Don't go west. Stay in Utica and 
 be my partner," was the prompt response of his preceptor. 
 Mr Kernan accepted the proposition and remained the 
 partner of this distinguished advocate until 1853, and then 
 took his brother-in-law, George E. Quin, into partnership. 
 In 1857 William Kernan was admitted to partnership and 
 the firm became Kernan, Quin and Kernan. Mr Quin died 
 in 1S63. The firm afterward became William and Nicholas 
 E. Kernan. John D. Kernan was a member of the firm until 
 he was appointed railroad commissioner on the organiza- 
 tion of the board of state railroad commissioners. 
 
 Mr Kernan was appointed reporter of the court of ap- 
 peals in 1854 and served until 1S57. He was again ten- 
 dered the position, but declined on account of the pressure 
 of other professional duties. He received this appointment 
 from Gov. Seymour, and during his term of service reported 
 four volumes of the proceedings of the court. 
 
 In the fall of i860, he was nominated to the state assem- 
 bly by the democrats and elected from a district which had 
 given a large republican majority the preceding year. 
 
 In the assembly he at once took high rank as a legislator. 
 He threw himself into the ranks of the defenders of the 
 Union and of the active prosecution of the war, by support- 
 ing the war measures of Gov. Morgan, and was appointed 
 by the governor a member of the committee for raising 
 volunteers in the Oneida congressional district. His duties 
 required his active services, which he generously gave. His 
 speeches during this period were extremely loyal and patri- 
 otic. In a word, he was a "war democrat." 
 
 In 1862 Mr Kernan was elected to congress. He here 
 rendered important service as a member of the judiciary 
 committee, and was also thoroughly in accord with the 
 
6 UNIVERSITY OF THE STATE OF NEW YORK 
 
 national government in its efforts to maintain the integrity 
 of the Union. His course was marked by so decided a 
 spirit of justice and moderation that he was often consulted 
 ^ by President Lincoln on matters pertaining to the conduct 
 of the war. 
 
 In a debate on the 13th of January, 1863, on the subject of 
 confiscation he used the following language, which shows 
 his attitude on this very important matter: " I submit that 
 the punishment for treason, like the punishment for every 
 other crime should fall upon the guilty party only, and that 
 we should not seek to affect his innocent children and heirs. 
 Take away from the guilty party his life estate, his right to 
 dispose of it, but do not take away the right of inheritance 
 from the innocent heirs, who will show themselves loyal, 
 else they never will have the right to come into court and 
 ask to be heard." This measure was passed in the house 
 but killed in the senate as being unconstitutional. He was 
 instrumental in having the per capita tax on emigrants de- 
 clared unconstitutional, and killed the bill which proposed 
 to restore the head money paid to ship-owners. He was 
 a member of the house of representatives from March 4, 
 1863, to March 4, 1865. 
 
 He was a prominent member of the state constitutional 
 convention, held in 1867-68. Here his legal abilities were 
 displayed to advantage in the framing of many of the most 
 important provisions of the new instrument, which will for- 
 ever remain as monumental evidence of his thoughtful 
 ability. 
 
 As a member of the constitutional convention in 1S67, Mr 
 Kernan made an able, earnest, elaborate and most emphatic 
 speech, advocating an absolute prohibition of sectarian ap- 
 propriations of the public money. It was in part as follows: 
 
 "Sir, the provision tinder consideration, reported by the 
 committee o)i finance, by which it is provided that the legisla- 
 ture shall not donate any moneys or property of the state to 
 any person, association or corporation, is correct a?id just. 
 
FRANCIS KERNAN 7 
 
 According to the theory of our government, all sects and 
 denominations of religion are to have equal rights, and there 
 is to be no discrimination in favor of or against any. The 
 members of one denomination are not to be taxed to sup- 
 port the religious, charitable or educational institutions of 
 the other. This is as it should be. The provision re- 
 ported by the committee on finance is based upon this 
 principle, and will carry it into effect. It cuts all those in- 
 stitutions off from the public treasury; it places them, as they 
 should be, on an equal footing; it leaves them to be supported 
 and stcstained by the charitable contributions of the indi- 
 viduals and religious deno?ninations which organize and con- 
 trol them. This is in accordance with the principles of our 
 government, it is just to all. It will prevent jealousy and 
 sectarian bitterness, which are ever to be deplored, from 
 springing up between the members of the different religious 
 denominations on account of real or fancied inequality in 
 the appropriations made to charitable institutions." 
 
 Later he was appointed by Gov. Hoffman to prepare 
 amendments to the constitution to submit to the people for 
 adoption. The report of the convention was presented to 
 the legislature, and most of the amendments proposed were 
 submitted to the people and ratified. One which Mr Kernan 
 regarded as the most important was not, however, submitted 
 to the people by the legislature. It related to the govern- 
 ing of cities, and was the result of much study and delibera- 
 tion. It provided that in cities having a population of 
 20,000 and upwards, the tax payers and only the tax payers 
 were to vote for a board of audit. The city could contract 
 no debt without the approval of its board of audit, and no 
 bills could be paid without its sanction. The board was to 
 have no power to order work or expenditures itself, but was 
 simply to approve or disapprove the action of those already 
 in office. Without its approval no ordinance or resolution 
 went into effect and no bill could be paid. The board was to 
 have no patronage and no pay. One member was to be 
 
8 UNIVERSITY OF THE STATE OF NEW YORK 
 
 elected and one to retire each year and the term of office 
 was to be three years. 
 
 February 10, 1870, Mr Kernan was chosen a member of 
 the board of regents. Of his faithful and efficient services 
 here it is unnecessary for me to speak. They are known to 
 all his colleagues. He attended its meetings with the 
 greatest regularity as long as his health allowed and ren- 
 dered cheerful and valuable services upon the most import- 
 ant committees. 
 
 In the convention of 1 871 Mr Kernan took a prominent 
 part in excluding from the convention those democrats who 
 were tainted by suspicion or apologizing for the corrupt. 
 He stood manfully for party purity and reform. 
 
 Democracy was with him synonymous with devotion to 
 his country, and those who assumed the garb of democracy 
 to carry out selfish and wrongful schemes, encountered his 
 courageous and persistent opposition. 
 
 He gave the first enthusiastic and cordial support which 
 Samuel J. Tilden received, to the movement in the demo- 
 cratic party against the Tweed ring, and was recognized as 
 Tilden's ablest ally. Mr Tilden has given most emphatic 
 testimony to Mr Kernan's efficient services in destroying 
 the Tweed ring. Mr Tilden once said : " The discovery of 
 frauds by certain city officials happened just as I was about 
 to leave the city to spend a week in the country. On the 
 eve of my departure I had the opportunity of cross-examin- 
 ing a gentleman who had the confidence of the financial 
 men and the tax payers of this city, and who called on me 
 with a letter from a distinguished philanthropist (Peter 
 Cooper). I became satisfied that the revelations were sub- 
 stantially true. My week's reflections in the country re- 
 sulted in a determination to attempt to carry out that sys- 
 tem of measures in which I have ever since been engaged. 
 But some cooperation was indispensable. The first man 1 
 sought was Francis Kernan. After much telegraphing I 
 found him attending court in Albany. I went there to 
 
FRANCIS KERNAN 
 
 meet him. It was the 4th day of August, 1871. He was 
 about to leave for the seashore to attend a sick relative. I 
 gave him the documents. I submitted to him my views as 
 to what ought to be done, and arranged for a further con- 
 ference. On that occasion he gave me assurances of his 
 full and cordial cooperation, which I ever afterward received. 
 He was to me the one necessary man for a contest in the 
 state convention. His courage, his independence, his tact 
 and eloquence in debate, his popularity and the weight of 
 his character were all I needed. I next sought Charles 
 O'Conor." 
 
 It is evident that without Mr Kernan's assistance, Mr 
 Tilden could not have made the movement a success. 
 
 His position in 1871 made him the logical candidate for 
 governor in 1872. In the following year, therefore, he was 
 nominated for governor of the state of New York by the 
 democrats and liberals at Syracuse. It was a disastrous 
 year for the democrats. Horace Greeley was the candidate 
 for the presidency and a large portion of the democratic 
 party could not bring itself to vote for him. The state gave 
 a republican majority of over 53,000, but the vote of Dix 
 over Kernan was less than that of Grant over Greeley. 
 
 I n 1 8 75 the democrats had gained control of the legislature. 
 A senator was to be chosen to succeed Reuben E. Fenton. 
 Horatio Seymour and Francis Kernan were the most dis- 
 tinguished men of that party. Seymour declined to be con- 
 sidered a candidate and said that he thought the honor be- 
 longed to Francis Kernan. That was the practically unani- 
 mous sentiment of the democrats throughout the state, and 
 in January, 1875, Mr Kernan was chosen by the democratic 
 caucus for the position and subsequently elected. Roscoe 
 Conkling was his colleague in the senate for the next six 
 years. 
 
 Possessing strong convictions Mr Kernan took high 
 grounds on all the important issues presented to the senate. 
 He was the uncompromising advocate of honest money, and 
 2 
 
IO UNIVERSITY OF THE STATE OF NEW YORK 
 
 in the debate on the Bland silver bill he took side with 
 those opposed to its passage. Deprecating passion or pre- 
 judice in deciding on the measure, he declared that a 90- 
 cent dollar and the fluctuating silver standard of the cur- 
 rency would stain the public honor of the nation, and while 
 injuring all, would bear with greater weight upon the poor. 
 He stated that he was in favor of gold and silver currency cir- 
 culating together, but as long as silver was depreciated below 
 gold it would drive the gold dollar from use. In his opinion, 
 the practical effect of the passage of the bill would be to 
 demonetize gold in case the silver did not rise to par. He 
 had no faith, he said, that silver would rise to par with gold 
 as soon as it should be remonetized. He was in favor of 
 making a silver dollar worth more intrinsically. 
 
 On the resignation of Judge Thurman, Mr Kernan be- 
 came a member of the famous electoral commission in the 
 Hayes-Tilden case, but not until after the whole contest had 
 been virtually decided by declaring the vote of South Caro- 
 lina. When the question came up in the senate, to ratify 
 the report of the electoral commission, Mr Kernan made a 
 forcible speech against such action. 
 
 He said the senate should not affirm the decision made by 
 the commission. " The decision is to the effect that there 
 is no power in congress to obtain the truth and smite down 
 fraud. I solemnly protest against it, and I do so from a 
 higher motive than for the success of any man or any 
 political party. I do not want it to go into the world with- 
 out protest, that a false and fabricated certificate is to be 
 counted, and I am deeply pained that such a principle should 
 have been affirmed by a vote of eight to seven." 
 
 In July, 1876, Senator Kernan, at the St Louis conven- 
 tion, in an earnest, dignified and graceful speech nominated 
 Samuel J. Tilden for the presidency and subsequently in the 
 campaign of that year rendered important service. 
 
 In the convention of 1884, held at Chicago, Mr Kernan 
 was not a delegate, but he was present and was one of the 
 
FRANCIS KERNAN II 
 
 most efficient advocates, outside of the convention, for the 
 nomination of Grover Cleveland. In that year he also 
 rendered valuable services to his party on the stump. 
 
 In 1888 his age forbade him to take active part in the 
 contest. He addressed meetings in Uticaand vicinity only. 
 
 In the last state campaign he was not strong enough to 
 make speeches, but he gave an interview telling his reasons 
 why the democratic candidate should be elected. 
 
 Mr Kernan was a manager of the New York state lunatic 
 asylum at Utica for several years and resigned when chosen 
 senator. He was elected a school commissioner in 1843 and 
 served for 20 years. He was chosen as the representa- 
 tive of Georgetown college to the Roman catholic congress 
 in Baltimore in 1889. 
 
 Mr Kernan won merited distinction at a bar, which, dur- 
 ing the active portion of his professional life, was one of the 
 most illustrious in the state. Among his competitors were: 
 Hiram Denio as long as he remained an advocate at the 
 bar who, subsequently wearing the spotless ermine of the 
 upright judge with honor and renown, for 12 years oc- 
 cupied a seat upon the bench of the court of last resort, 
 and whose " decisions are received as law throughout the 
 continent of America and quoted with respect in West- 
 minster hall; " Charles H. Doolittle, whose unremitting de- 
 votion to duty, untiring industry and keenly analytic in- 
 tellect made him not only a successful advocate but an or- 
 nament to the bench ; Ward Hunt, while an advocate at 
 the bar, on account of the integrity of his character, his 
 sound common sense and his dignified and courteous bear- 
 ing, at once highly esteemed by his professional brethren 
 and influential with the court, and who, later, as justice of 
 the supreme court of the United States adorned the bench 
 of the, perhaps, most distinguished legal tribunal in the 
 world; Samuel Beardsley, that great lawyer and jurist, whose 
 erect and stalwart form, so emblematical of his character, 
 now rises before me with peculiar pleasure in all its rugged- 
 
12 UNIVERSITY OF THE STATE OF NEW YORK 
 
 ness and dignity ; Roscoe Conkling, the advocate of match- 
 less eloquence and exhaustless fertility of resource, against 
 whom Mr Kernan, both at the bar and in the forum of the 
 nation, as a leader of a great political party, was continually 
 pitted in intellectual contests, which, however great their 
 severity, never ruptured the warm personal friendship which 
 existed between them (it is pleasant to relate that on the 
 occasion of a public reception tendered to Senator Conk- 
 ling on his return from Europe in 1877, Mr Kernan de- 
 livered the welcoming address); William J. Bacon, the up- 
 right judge and the scholarly and accomplished man of let- 
 ters; Joshua A. Spencer, the perhaps unequalled jury ad- 
 vocate, of whom Roscoe Conkling said, " I can not express 
 my indebtedness to him. Whatever success I may have 
 had in life I owe in a great measure to Mr Spencer." 
 
 Such was the array of legal talent with which, during his 
 professional life, Mr Kernan was called to cope, and it is 
 the unanimous judgment of the bar, that amid this galaxy 
 of illustrious men, he was always par inter primos, — equal 
 among the greatest. 
 
 The speaker believes that it was Mr Kernan's highest 
 ambition to excel in his profession, and to attain a thorough 
 understanding and complete mastery of legal science. To 
 this end, with singleness of purpose, he devoted the untir- 
 ing industry and energy of his life. 
 
 As a lawyer Mr Kernan was cultivated, public spirited 
 and conscientious. " The capacity for the display of great 
 intellectual tact, ability and learning, in presenting and ad- 
 vocating the interest of the client, is largely based upon the 
 hours of labor and study out of the court room." No one 
 appreciated or carried out this idea more faithfully than he. 
 He had in a preeminent degree the faculty of work, that 
 patient application which is not only a mark of ability but 
 also the surest pledge of success. He knew that no pro- 
 fessional man could attain the rewards and enjoy the high- 
 est honors of his calling, except by; earnest and patient toil, 
 
FRANCIS KERNAN 1 3 
 
 profound thought and continual application to his studies 
 and his duties. He had in large degree the power of con- 
 centration, and fixing his attention upon a subject he held 
 it with an iron grasp until he had fully solved the problem 
 under consideration. 
 
 Mr Kernan had a logical mind with unusual powers of 
 statement and analysis, united with rare gifts of eloquence 
 and persuasion. In marshaling the facts and ideas which 
 were to furnish the solution of his case, and grouping them 
 in orderly and legal relations, he was a consummate master. 
 
 In the examination of witnesses he displayed rare knowl- 
 edge of human nature. Treating them kindly and courte- 
 ously, he restrained the forward, he gently led the unwill- 
 ing, encouraged the timid, and so involved the deceitful wit- 
 ness in a web of his own falsehoods that he compelled him 
 to strengthen the very case which he had endeavored to de- 
 feat. 
 
 His language as well as his bearing toward the jury were 
 such as to create the belief that he was absolutely honest 
 and sincere. 
 
 He treated the court with uniform respect and seemed 
 only desirous that it should comprehend his views and re- 
 ceive fitting impression from their statement, and the judges, 
 reciprocating the regard which he showed for them, ex- 
 amined with care the cases which he cited, because they im- 
 plicitly believed in him, on account of the candor and fair- 
 ness with which he presented his points. 
 
 His kindness and cordiality toward the younger members 
 of the profession were proverbial. Says one of the prominent 
 members of the Oneida bar, " The younger men who came 
 to him for advice and counsel always found him ready and 
 willing to assist them, and those who chanced to be opposed 
 to him in court remember with gratitude the kindly manner 
 with which he treated them." 
 
 While a member of the senate Mr Kernan's course was 
 marked by that spirit of liberality, conjoined with wise con- 
 
14 UNIVERSITY OF THE STATE OF NEW YORK 
 
 servatism, which should ever be characteristic of the states- 
 man. His evident determination to exert himself for the 
 welfare of the whole country, as well as of the great state 
 which he represented, as shown by the broadness and jus- 
 tice of his views, secured for him the respect of every sec- 
 tion and of men of the most widely divergent political opin- 
 ions. 
 
 Faithful in the discharge of every duty of his position, he 
 was constant in his attendance upon the sessions of the sen- 
 ate, and as a member of the various committees he was 
 thorough and painstaking in all matters referred to them. 
 
 His genial nature and urbanity of manner gained the 
 good will of his colleagues, while his integrity, fidelity and 
 eminent abilities secured their confidence and respect, and 
 they willingly accorded to him great influence in their de- 
 liberations and actions. 
 
 Mr Kernan ranked among the most distinguished members 
 of the senate, and the record that he made is one of which 
 the state, which honored itself by placing him there, may 
 well be proud. 
 
 From the beginning to the close of his public life Mr 
 Kernan was a democrat and at an early age became promi- 
 nent in the councils of that party. A democrat, he was, 
 however, still a patriot, and when secession raised its hydra- 
 head he at once became one of the staunchest supporters of 
 the national government in its efforts to maintain the in- 
 tegrity of the Union. 
 
 Mr Kernan was a gentleman, but not the pseudo-gentle- 
 man of Chesterfield, — the counterfeit, built from without, in- 
 ward. His gentlemanly character was built from within, 
 outward. Of him it might be said with Polonius, " The ap- 
 parel oft proclaims the man." As described in the words 
 of another, " He never appeared to have taken pains with 
 his clothes, but on all occasions, he looked as if it were per- 
 fectly natural that he should be dressed like a gentleman." 
 Possessed of pure and elevated sentiments, his manners 
 
FRANCIS KERNAN 15 
 
 were their natural outcome. The heart of man speaks 
 from the tongue. Manners and bearing are always the re- 
 sults of habitual feelings. The man of base thoughts will 
 betray the absence of nobility of soul, no matter what the 
 polished schools in which he may have been educated. 
 The proudest lineage will not insure the descendant of an 
 hundred earls against coarseness and foulness of nature and 
 their infallible outward manifestations. 
 
 Replete with humor and anecdote, he was scrupulously 
 considerate of the feelings of others. Bright and cheerful 
 of disposition, he was yet earnest and free from levity. 
 To an unusual sweetness and uniformity of temper, which 
 no disappointment could disturb and no injury could 
 change, he added a rare grace and urbanity of manner, and 
 charming felicity in social intercourse. These delightful 
 amenities of character made him a most agreeable companion 
 in all the circles in which he moved. While he was a good 
 talker he was also a good listener, and had the happy faculty 
 of putting all those with whom he conversed at ease with 
 themselves. The wit and wisdom of his conversation gave 
 added charms to the generous and unaffected hospitality of 
 the home of one who may truly be said to have been a gentle- 
 man of the old school. He had an innate love of the can- 
 did, the manly and the real, and an instinctive dislike of the 
 affected and the false. Detesting display and pretension he 
 shrunk from notoriety. No respecter of wealth, rank, or 
 station, he gave to the humblest applicant for his attention 
 the same thoughtful consideration which he accorded to men 
 of wealth and position. 
 
 Regent Kernan was a Christian. A plain, simple, devout 
 and consistent Roman catholic, he knelt reverently at the 
 altar of his church to receive the sacrament of her faith. He 
 had no intolerance in his nature. Confident as to what he 
 believed, while respecting the piety of all other good Chris- 
 tians, he never sacrificed a jot or tittle of his own. 
 
 In all his public relations Mr Kernan was free from the 
 
l6 UNIVERSITY OF THE STATE OF NEW YORK 
 
 least touch of sectarian bias. Throughout his public career 
 he retained his fealty to his conscience and performed no 
 act unworthy of his manhood, and at its close, came back to 
 his fellow citizens, as he had gone from among them, with 
 "clean hands and a pure heart" and quietly resumed the 
 practice of his profession. 
 
 To great legal learning he added those accomplishments 
 of mind and manner that gave him the same prominence in 
 private life that he attained at the bar, on the rostrum and 
 in the halls of congress. 
 
 As a statesman and a lawyer Mr Kernan stood in the 
 front rank of his contemporaries. He was a democrat of 
 the type of Thurman and Bayard of the present, and 
 William L. Marcy and Silas Wright of an earlier generation, 
 and, like his life-long friend Horatio Seymour, the model of 
 a Christian gentleman. The fact that he was so often chosen 
 as the presiding officer of the various conventions and com- 
 missions with which he was associated, emphatically pro- 
 claimed his ability for leadership. 
 
 The bench and the bar have given utterance to the state- 
 ment that in forensic struggles he was ever an honorable 
 opponent, and that when connected with him in professional 
 relations they could rely upon his advice and assistance as 
 an able, faithful and efficient advocate and friend. 
 
 In the rancor of partisan strife his religious views were 
 ruthlessly assailed, but during his whole public life no breath 
 of suspicion was ever cast upon the purity of his motives, 
 the uprightness of his character or the integrity of his 
 action, in the discharge of the high trusts confided to him. 
 Few men have attracted as large a measure of public atten- 
 tion, and maintained for an equal period of time such a 
 measure of professional and political distinction. An 
 earnest partisan he yet retained the confidence and respect 
 of friend and foe. 
 
 Few men have been as happy in the evening of their 
 lives. At the last meeting of this board which he attended, 
 
FRANCIS KERNAN I J 
 
 it seemed difficult to realize that he had passed his three 
 score years and ten. Advancing years had shed the warm 
 tints of autumn upon his life, and the frosts of many winters 
 had not chilled his heart. 
 
 Estimated by the abilities he possessed, the honors he 
 had achieved and the blamelessness of his life, at the time 
 of his decease he was the first citizen of the community in 
 which he lived. 
 
 Is it to be wondered at that from city, town, village and 
 hamlet of this great state, there should have come up the 
 voice of sorrow and regret at his decease ? 
 
 In his death, New York lost one of her most eminent citi- 
 zens, and the country one who has rendered it high and dis- 
 tinguished service. 
 
 He was one of a company of great and good men, illus- 
 trious in their generation, whose talents, character and 
 labors were the strength and glory of the commonwealth in 
 which they lived and are now embalmed among its choicest 
 memories. 
 
 The fair, central city of the state in which he resided, has 
 been rich in illustrious men. As I speak their forms arise 
 to my view, their gathered presence seems to move before 
 me again, a noble procession as I have often beheld them 
 in by-gone years. Some of them have been previously men- 
 tioned in this address. In this splendid group and con- 
 spicuous by their character and talents, as well as by the 
 lofty public positions they adorned, is a trio of men, whom 
 it were difficult to match throughout the length and breadth 
 of this imperial state — Kernan, Seymour and Conkling; all 
 of whom, men of rare gifts and great intellectual attain- 
 ments, have left deep impress, not only upon the community 
 in which they lived but also upon the state whose highest, 
 proudest commissions they ever bore unsullied by any un- 
 worthy act. 
 
 In closing this sketch of Regent Kernan may we not ap- 
 propriately quote the words of Judge Story on another oc- 
 casion: 
 
 3 
 
1 8 UNIVERSITY OF THE STATE OF NEW YORK 
 
 " We dwell with pleasure upon the entirety of a life 
 adorned by consistent principles, and filled up in the dis- 
 charge of virtuous duty, where there is nothing to regret 
 and nothing to conceal; no friendships broken; no confi- 
 dence betrayed; no timid surrender to popular clamor; no 
 eager reaches for popular favor." 
 

 *<* 
 
 LB N 10