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LIFE

OP

GEORGE P. BARKER.

WITH

SKETCHES OF SOME OP HIS CELEBEATED SPEECHES ; THE
PROCEEDINGS OF THE BAR OP ERIE COUNTY ON THE
OCCASION OF HIS DEATH ;

FUNERAL SERMON OF JOHN C. LORD, D. D.

BY GEORGE J. BRYAN.

BUFFALO:
OLIVER G. STEELE.
1849.

"^1 , HU
Entered according to Act of Congress, in the year 1849, by
GEORGE J. BRYAN,
In the Clerk's Office of the Northern District of New York.

U\x

PREFACE.

It is wiih considerable diffidence that I present this
work to the public. The ordinary difficulties which attend the
preparation of a Biography, were in this instance considerably
increased by causes which were directly connected wiili the sub
ject of this memoir. George P. Baukhr, it is true, is exten
sively known as a man of genius and fascinating social qualities,
which language cannot adequately describe ; but from the pecu
liar character of his public efforts, I found it extremely difficult
to collate materials out of which to frame a work that would do
justice to his great reputation. Doubtless much of hisfame was
acquired by his splendid, and in some respects, unrivaled forensic
efforts. Tne imperfect record ofthem, however, precluded their
detailed narration. In my endeavors to portray his intellectual
and social qualities, I may have failed to depict them as more ex
perienced writers would have done. I may even have uninten
tionally offended those I am most desirous of pleasing. I trust,
however, though all I submit can not be approved, it will not
elicit condemnation. Undertakings like mine, are ever attended
with difficulties, and sometimes meet with disapproval. As a
general thing, I have met with the most gratifying and generous

VI PREFACE.
support. To those kind friends who have cheered my humble
enterprise by their countenance and efficient aid, I tender my
cordial thanks. I must attribute their approval, however, rather
to the high estimation in which they hold the memory of him I
have feebly attempted to portray, than to any merit of my own.
In conclusion, I ask for the imperfections and errors which may
have crept into my work, the indulgence of a generous public.
G. J. B,

CONTENTS.

CHAPTER I. Page.
Introduction  9
Early career of M r. Barker,  12
His collegiate history,  13
CHAPTER II.
His life as a student,  18
Incidents,  21
His admission to the bar,  33
Nominated for the legislature,  34
Appointed District Attorney,  35
His marriage,  37
Nominated for Congress,  38
CHAPTER III.
Elected to the legislature,  40
His legislative career,  50
CHAPTER IV.
His legislative career continued,  68
CHAPTER V.
Again nominated for Congress,  92
His law partnerships,  93
His military career  94

Vlil CONTENTS.
Contest for Mayor,  96
Election of 1840,  99
Assembly of 1842,  102
Democratic legislative caucus,  103
Appointed Attorney General,  109
Correspondence,  110
CHAPTER VI.
Presidential election of 1844,  115
The secret circular,  118
Mr. Barker's speech with reference thereto,  119
Result of the election,  134
CHAPTER VII.
History of his Attorney Generalship,  135
CHAPTER VIII.
Re-appointed District Attorney,  152
Incident,  153
His health,  156
Case of Pollock,  159
Syracuse Convention,  165
"Mr. Barker's last political speech,  169
CHAPTER IX.
Alarming state of his health,  171
His death,  173
Proceedings in the Recorder's Court  174
Meeting of the bar  175
His funeral,  17g
His general characteristics,  180
Eulogies,  182
CHAPTER X.
Funeral sermon of John C. Lord, D. D.,  185

LIFE OF BARKER.

CHAPTER I.
Conspicuous among those names which
have shed luster on Western New York,
stands that of George Payson Barker.
Though all that was mortal of him has been
gathered to his fathers, the fragrance of his
good name survives in its original freshness.
In his decease. Liberty lost one of its giant
defenders ; — Oratory, one of its colossal
pillars-, — Magnanimity, one of its noblest
illustrations, and Generosity one of its stri
king examples. Few men ever lived in our
country who were so singularly gifted with
those rare qualities of the head and heart,
that call forth admiration and enchain the
affections. Entirely the architect of his
2

10 LIFE OF BARKEH.
own fortune, he carved out by his energy,
perseverance and talent, a name of which
any man might well be proud. He
was a man of genius, impetuous and
brilliant. Tali, exceedingly prepossessing
and commanding in person •, urbane in his
manners ; generous to a fault, with an car
never closed to the appeals of suffering
humanity ; the possessor of oratorical pow
ers which have been compared to those
that immortalize the name of Henry Clay,
— endowed with good judgment 5 — possess
ing great decision and elasticity of mind j
accessible to all, no wonder he was so uni
versally popular. His deep sympathy with
the masses 5 his appreciation of their true
condition ; his ever ready aid to the suffer
ing, gathered around him hosts of devoted
friends, who were true, whether fortune
frowned cr smiled upon his pathway. Such
were some of the general characteristics of
the subject of this memoir. Citizens do
not often over estimate townsmen, and
sometimes see "things that are not to be
seen" in the characters of those viewed
through that distance which lends enchant-

LIFE OP B.ARKER. ll
tncnt. As a general thing, CufTalonians,
however, have ever done justice to George
P. Barker. His name has become identi-
jSed with the history of thc city. His elo
quence, his ardent, generous nature can not
soon be forgotten. It is to place in a con
nected form the pi'incipal events ofhis bril
liant career, that I write his biography. I
have no desiie to pen a fulsome panegyric.
I shall endeavor in the course of this work
to give in detail his history. While I free
ly accord to m;my greater ability to do so,
I concede to no one a mare enthusiastic ad
miration of his distinguishing traits. I
purpose to narrate incidents illustrative of
his character 5 to portray, as vividly and
graphically as possible, his intellectual,
moral and social qualities. If I succeed in
chronicling a f-ufficiency of incidents to
enable those who were unacquainted with
him to arrive at an accurate e&timate of his
real character ; if I can infuse into ethers
something of the high admiration I enter-
tain lor the nobility of soul he possessed ;
something like a just estimation ofhis genius,
my object will be attained. In my humble

12 LIP'S OF BARKER.
judgment there are few men now living who
excel him in those qualities which exalt and
dignify. In the language of an esteemed
friend and classmate of the deceased, he
was " Generous, high minded, frank and
chivalrous 5 — gifted with a most delicate
sense of honor, and a brilliant intellect.
Whether he was a " gentleman born " or
not, I cannot say, but I am certain that na
ture made him a gentleman, '1 here was
an irresistible charm in his manner that no
art or inheritance could impart."
Mr. Barker was born at Rindge, in the
State of New Hampshire, on the 2oth of
October, 1807. He was an only child.
His parents were respectable, and in his
mother's line are found some of the most
distinguished men in New England. Her
maiden name was Payson. Mr. Barker was
much indebted to Rev. Dr. Payson, his
maternal uncle, a clergyman of high stand
ing, for his early education. He was pre
pared for college in his native State, under
the private tuition of a clergyman, which
was a custom much in vogue in New Eng
land thirty years since. He always thought

tit^E OF BARKER. 13
this the most thorough part of his educa
tion. His father died when the subject of
this memoir was quite young. His mother
however, is still living at Rindge. Although
far advanced in years, she is still in full pos
session of all the faculties of a mind of re
markable strength, and enjoys the esteem
of all who know her.
The materials out of which to gather his
early career, I found very imperfect. His
character up to entering Amherst col
lege, was that of a bold, restless and prom
ising boy. He gave early indications of
the genius for which he was afterwards noted.
He was fond of youthful pastimes, and at
an early age developed the vigorous frame
of a man. He was admitted into Amherst
college in 1823, and immediately became
distinguished as an indefatigable student.
Ho indeed soon ranked among the first
scholars of the institution.
He entered the senior class in Union
college in October, 1826, on an honorable
dismission from Amherst. Rev. Dr. Nott,
the venerable and highly esteemed Presi^
dent of Union collge, over which he has
2*

14 LIFE OF BARKEfif.
presided for some forty four years, in an
swer to a letter addressed to him on thc
subject of Mr. Barker's collegiate career,
writes me that he was in good standing as
a scholar duri ig the year he passed there,
and that his attendance and application to
study was equal to the be.st. He was in
rather straightened circumstances, and de
pended m.-iinly on his own exertions for
support. He was often in the habit of
attending the minor courts in Schenectady
and some of the adjacent villages and trying
causes. The remuneration however, for
these services was of course inconsiderable.
Th3 college books show the prompt and
honorable discharge after leaving, of an
obligation left with thcui for a portion of
his college bills. Many of his classmates
in college have become distinguished.
Prominent among them are lion. Preston
King; Hon. Levi Hubbell, formerly adju
tant general of this state-, Hon. Rufus
W. Peckham of Albany ; William W.
Campbell of New York-, Hon. Min-
thorno Tompkins, late state senator from
Long Island 5 Hon. Virgil Paris, late

LIFE OF KAIIKKR. 15
M. C. from Maine; Hon. P. H. Sylvester,
M. C. from Kinderhook; Rev. President
Woods, of IJowdoin college, Brunswick,
Maine -, Kev. J'resident McMaster, of the
Miami Uaiversity, Oxford, Ohio; Rev. John
Wayland, D. !>., late of Canandaigua, and
Ambrose Stevens, Esq., of New York.
Rev. Arthur Burtis, now of this city was
also one of his classmntes. In our city are
located several gentlemen who were in
Union college at the time of Mr. B.'s con
nection with it, but they were members
of younger classes and consequently did
not graduate the same year. Hon. .John
T. Hudson, lion. .Joseph G. Masten, Elijah
Ford, Esq., Dr. Charles Winne, and Rev.
M. La Rue P. Thompson, are all I now re
collect. To many of these gentlemen I
addressed communications for the purpose
of eliciting facts relative to his colleyiate
history. Quite a number of them rendered
mc prompt and satisfactory answers, whicli
were of essential service. Some of them
pronounced feeling and beautiful eulogies
on the great merits of deceased. They
speak of his personal appearance at that

16 LIFE OF BARKER.
age, (about 19 years) as being unusually
imposing; his manners and address quite
superior; his conversational powers as un
rivaled; and as having a natural fluency
which placed him much in advance of
all others of his age in the charms of social
conversation and in the debates in which
the members of his class were called upon
at times to engage. His liberality to stu
dents whose circumstances or position were
not equal to his own, was always extended
to the limits of his means. His kindness of
heart and uniform amenity of deportment
won a high place in the affections of all in
the institution. He was an attentive and in
dustrious student. In general information,
history, biography, classical literature and
the belles-lettres, he had few equals. Al
though in some departments of the course
of studies he might have had superiors, it
was thought he was unsurpassed in general
scholarship. All confidently predicted that
he would rise to distinction in after life.
It was conceded that ho possessed abilities,
industry and energy sufficient to surmount
all obstacles ; they were of such a sterling

LIFE OF BARKER. 17
character as to be depressed by no opposi-
sition or adversity. He was in his college
career sensibly alive to a good joke; in fact,
were I disposed, I could narrate some ad
ventures in which he shone proudly con
spicuous. But, as it would be inconsis
tent with the limits of this work to do so, I
forbear. None of them however, exhibited
qualities of a very exceptionable nature.
They were simply the exuberances of a
high spirited youth ; the offspring of a mag
nanimous disposition ; the natural result of
a keen sense of the ridiculous, and a convi
vial temperament. In many men they
would have been less pardonable. They
were to him part of his existence. He gra
duated with honor on the 27th of July,
1827, with the regard of his fellow students
and the respect of the faculty, and at the
public commencement delivered an ora
tion which elicited warm encomiums by the
elegance of its composition and the elo
quence of its delivery. His departure from
the institution was regarded by those who
knew him, as the breaking up of agreeable
associations and the sundering of the plea,-.
sant bonds of social intercourse,

18 LIFE OF BARKER.

CHAPTER IL
Mr. Barker came on to Buffalo with a
fearless heart and with a determination to
succeed in whatever he might undertake.
He arrived in the city about the first of
August, 1827, ai;d soon after entered the
office of Stephen G. Austin, Esq., a highly
respect ibic citizen, as a student at law.
While in college, he entered his na-ne as a
student in the office of Alonzo C. Paige,
Esq., in Schenectady, and on leaving, pro
cured a certificate of six months' clerkship.
He came into thc city a stranger, but soon
gained the esteem of some of the most sub
stantial citizens by his industry and appli
cation to business, aud noble social qualities.
I need not recount his arduous struggles to
rise ; — thc difficulties he overcame, nor the
courage with which he surmounted obsta
cles. Like other students, he sometimes
resorted to minor courts, and engaged in
the causes which came under their jurisdic
tion. He soon attracted public attention by

LIFE OP BARKER. 19
his superior oratorica.1 powers, and was
regarded as a young man of great promise.
Vice President Fillmore and Mr. Barker
were frequently employed on opposite sides
in these minor courts, and each exerted
himself to the utmost. Probably neither
then anticipated their subsequent brilliant
career. Mr. Fillmore then evinced that
great industry and applictition which has
since distinguished him, and laid the founda
tion of his future eminence.
The du 1 routine of Mr. Barker's studies
were occasionally enlivened by adventures,
some of which I shall notice. In order
more fully to appreciate them, and not im
bibe from them an erroneous impression, it
is perhaps proper for me to state that Buf
falo, at that early day, was essentially dif
ferent from the present busy emporium. It
was then a small but rapidly growing village.
It is now a great commercial city of 45,0CO
inhabitants. 'J'he harbor did not then as
now, present a forest of masts, and nu
merous floating steam palaces. The .streets
were not as now thronged with a moving
mass of life by day, nor illumined by bril-

20 LIFE OF BARKER.
liant gas lights at night. The genius of
Benjamin Rathbun had not then adorned
it with edifices, which in architectural beauty
fend size compare favorably with those in
older cities. Block after block of stately
warehouses, and splendid private residences
were not as now observed on all sides.
None then living anticipated the rapid ad
vances the city has since made in popula
tion, business and wealth. In other respects
there was a difference. The want of lite
rary institutions like the Young Men's As-
cociation, was felt by the young men, and
the customs of the time were such as ordi
narily pertain to a newly settled town.
There is in every man's life a period when
he acts from impulse. Youth, it is conceded,
is generally that period. Then, if at all,
do the passions master the judgment.
The subjoined incident has been kindly
furnished by an intimate friend of deceased;
— a gentleman of high respectability; — one
who was alike his friend in youth and in after
life when honors clustered around him. He
was a participator also in the adventure. It
illustrates his power to engage and entertain

LIFE OF BARKER. 21
under most unpropitious circumstances, by
his extraordinary command of language,
his eloquent descriptive powers, his wit, his
address and manly bearing :
"On one occasion, some eighteen years
ago. Barker and another young gentleman
with myself, got up a sleigh ride and invited
ten young ladies to go with us in a large
stage sleigh to Hamburgh, some twelve
miles out. We started late in the after
noon, intending to return in thc evening
after supper. Our ride out and sojourn at
the public house there, was exceedingly
enlivened by Barker's inexhaustible fund
of wit and humor. But before we were
ready to return there came on a most vio
lent storm of snow and wind, which dam
pened the ardor and alarmed some of the
more timid of the young ladies. We
however sallied forth to return about ten
o'clock ; — ten young ladies and three gen
tlemen crowded into one sleigh; — full of glee
and animation, though the storm was unu
sually violent, even for this lake shore.
After proceeding a mile or two, the driv
er lost his road, and wandered far out of
3

22 LIFE OF BARKER.
his way, so that after some three hours drive
over roads almost entirely obstructed by
the drifting snow, we came to a dead halt
in an open field, without the power of going
another foot, and as we afterwards learned,
some six miles out of our way in the town
of Boston, a mile or more from any house,
the weather intensely cold, with the storm
and darkness increasing if possible. It was
then that we all drew on Barker's resources
to cheer, animate and encourage the ladies
under the exigencies of the case, which had
really become no joke. They all had to
get out into the snow knee deep, so that we
men, with the driver could lift the sleigh
round, and get the horses again attached,
taking our back track with a vieAv of finding
some habitation, as it had become abso
lutely necessary to keep from perishing.
We at length reached a farm-house, roused
the family, got a fire made, and our girls
restored to life, and a pilot to conduct us on
our right road. We reached a public house
at Potter's Corners between two and
three o'clock, when we stopped and took
another supper and then pursued our way

LIFE OF BARKER. 23
home, reaching Buffalo a little after sunrise,
with the thermometer below zero, nearer
dead than alive. But in all the trouble and
difficulty here related, our drafts on
Barker were not dishonored ; he was the
life of the party. Amid all the suflfering
and alarm of the young ladies, he would
more than half the time keep them in a roar
of laughter by his wit and humor.
" Of this party of thirteen individuals, at
this famous sleigh ride, which has ever
been regarded by us all as an event of con
siderable importance in our lives, and always
spoken of with much interest by ourselves
and friends who were at the time acquainted
with the facts, several of them have since
died, several others are married and live
here, and others are scattered about in
various parts of the country, and will read
ily recognize this sketch of that sleigh ride
to Hamburgh with Barker."
The same gentleman says : " During my
intercourse with Mr. Barker of some twen
ty years, we have passed through many
scenes together of mirth and frolic, scenes
of business of much importance, and sea-

24 LIFE OF BARKER.
sons of sickness, trouble and great diffi
culty, and I have ever found him the same
kind hearted friend, the same judicious
counselor, and the same high minded, hon
orable man."
It may not be considered irrelevant, that
I should now advert to the least attractive
features in the character of him I am en
deavoring to delineate. It is not surprising
that a difference of opinion should exist as
to the province of a biographer. All whose
good opinion I most desire to retain, agree
with me, that a fulsome eulogy is excep
tionable. But all are not agreed, as to the
course to be pursued to avoid subjecting
myself to the charge of indiscriminate
praise. My view of it, however, is, that
other than a general allusion to the excep
tionable characteristics of the subject of my
memoir, I should particularly confine my
self to giving, as fully and accurately as
possible, his professional and political his
tory. I have endeavored to conform to this
opinion in a satisfactory manner. I ha^ e
only deviated from it by introducing inci
dents illustrative of qualities we can all

LIFE OP BARKER. 25
commend. I am conscious that Mr. Barker
had faults, for who has not? But, com
pared with his virtues they were insignifi
cant. Whatever may have been their
nature, they were never justified, and in tho
latter period of his life were deeply regret
ted. I do not deem it necessary to define
them. I ask no one to imitate other than
his virtues. In considering some adventures
of his life, all the accompanying circum
stances should be weighed. The period
when they occurred — the character of the
customs which prevailed at the time — the
peculiar disposition and attributes of the
man and his after conduct. As to thc
particular character of them, it is of
no consequence. The great point to be
considered is, from whence did they ema
nate? Were they afterwards regretted?
Were they ever justified? With these
observations I shall take leave of this sub
ject. I am conscious of my own rectitude
in making these allusions, and think they
are alike due to myself and him to whom
they relate.

3*

26 LIFE OF BARKER.
Youth, hilarity and freedom from care
are generally associated together. In after
years, when man reaches maturity and old
age, he often looks back with peculiar emo
tions to the golden hours of his youth. Its
pleasures and its thousand glorious remi
niscences are still dear to him and he cher
ishes their recollection as he would the
memory of a pleasant dream. Social
pastimes, however, did not divert Mr.
Barker's attention from subjects of more
moment. These sufficed but for his leisure
hours. His intellect craved something
more substantial. Previous to his leaving
college he had taken no active part in the
politics of the day, being devoted entirely
to the prosecution of his studies. It may
readily be conceived, however, that his ac
tive and intelligent mind could not long
remain indifferent to the great questions of
state which have divided and agitated the
public mind from the foundation of the
government ; nor that he could refrain from
being an ac.tor in the great political strife
for power and principle going on around
him. He had", accordingly, investigated the

LIFE OP BARKER. 27
origin of parties ; carefully marked their
distinctive characteristics, and from reason,
conviction and inclination, he had early at
tached himself to the principles of demo
cracy. At the time of his arrival in Buffalo,
the. state was agitated by the conflicting
strife of three political parties — the Jackson
or democratic, the National Republican,
and anti-masonic parties. In the Eighth
District, the anti-masonic party prevailed
by a large majority over both the others ;
the National Republican party was next
in numerical strength, and the Jackson or
democratic party was the smallest of the
three. Actuated by no motive but princi
ple, Mr. Barker did not hesitate in which
of the three parties to enroll himself. Re
gardless of interests immediate or remote,
and fully sensible of the hopeless minority
ofthe democratic party in this section he
fearlessly enrolled himself in its ranks, and
with all his energy, zeal and ability,
entered into the support of Gen. Jackson,
and the principles of democracy. He
wrote leading editorials during the cam
paign, for the Buffalo Republican, the first

28 LIFE OF BARKER.
democratic paper published in this city,
and also furnished political communications
for the same paper, over the signature of
" Amor Patria. " He likewise, though not
upon the committee appointed to prepare
it, wrote the first address issued to the
electors of this county by a democratic
convention. The Jackson party, as the
democratic masses were styled, numbered
then but a small band against the over
whelming majority ofthe dominant party in
this section, but it was the nucleus, around
which the democracy have since been rally
ing, and their " Corporal's Guard " of those
times has often subsequently proved that
the phalanx of their opponents is not invin-
cibls. The address then penned by Mr.
Barker, is rather to be regarded as a foil
to the splendid efforts of his after career,
than as a production giving evidence of
those great abilities that so shortly after
wards were commandingly developed. It
was made a mark to be shot at by the news
paper scribblers of the day, who were par
ticularly severe in their anima^d ver sions.
The address, was, in truth, metaphorical to

LIFE OF BARKER. 29
a fault, declamative rather than argumenta
tive in style, and more in the " Sophomore"
vein than consistent with the grave nature
of a declaration of political principles. It
was of the imagination rather than the
reason — but gave evidence, even in its
unpruned luxuriance, of that feitility of ge
nius, which, in after years, when time and
opportunity had developed and cultivated
his native powers, made Mr. Barker the elo
quent orator.
In the excitement of the political war
fare which grew out of the anti-masonic
controversy, there were many bitter things
said on both sides. Mr. Barker was parti
cularly happy in repelling invectives of this
character, by the severe retort, or the un
answerable sarcasm. On one occasion,
when an opponent was denouncing Gen.
Washington and other great men of thc
revolution for having countenanced the
" mummeries of masonry," Mr. Barker
replied : " Why, sir, a single kick from one
of those illustrious men, would have immor
talized you."
I have often heard Mr. Barker encourage

30 LIFE OF BARKER.
his political friends to renewed exertions
during the dark campaign of 1840, and at
the first inception of the division of the
party in this state, b}'^ reciting the events
which transpired in this county in 1828,
when the Jackson party was formed. He
said the first Jackson meeting ever con
vened in this city was attended by only
seven persons, but they pressed forward
and made regular nominations for all offices
in the county. A large hand-bill contain
ing the nominations was printed, surmount
ed by an eagle large enough to protect a con
tinent. He mounted a gaunt nag with
ample saddle bags filled with the democra
tic posting bills and thus commenced his
first political pilgrimage in this county,
bouyant in youthful spirits and firm in pur
pose, determined that the people here
at least should have an opportunity to see
democratic nominations, if they could not
appreciate them. Nothing occurred to dis
turb his quiet avocations until he arrived
I believe at Boston Corners. There he
found a bar-room filled with village poli
ticians debating the heinous crime of voting

LIFE OP BARKER. 31
or giving countenance to the democratic
ticket. Mr. Barker with the coolness
which was often manifest in his character,
approached the landlord and suggested
that he had a hand-bill which he wished to
put up. The landlord, without knowing
the nature of the missile, readily consented.
He then commenced unrolling the ample
folds of the printed eagle and nailed the
same at the top of the wall and then fol
lowed along down the democratic nomina
tion, and as he drove the nails into the
lower part of the bill the sound was more
dismal to the audience, than was the ham
mer ofthe celebrated Luther to the Catho
lic Bishops, when he nailed his creed to the
door of the cathedral at Wittemberg. The
audacity of the tall and graceful young
democrat for a time confounded the anti-
masonic congregation, and silence reigned.
But, finally, after a long and breathless
pause, a man of gigantic proportions, with a
" huge paw " well suited to the size of the
eagle, brought down with one fell swoop
the bird of Jove and the democratic nomi
nations. The blood of young Barker was

32 LIFE OF BARKER.
aroused at the indignity and as quick as
thought he precipitated the hammer at the
head of the intruder which brought him to
the floor on the democratic platform which
he had so ruthlessly torn from the wall.
" Then commenced in that little bar-room"
said Mr. Barker, " the contest between the
anti-masonic and democratic parties, with
the proportion of thirty to one." After a
few interchanges of bar-room courtesies
Mr. Barker, through the intercession of the
landlord made a compromise with his as
sailants, but a number of the actors bore
away on their eyes marks of the democra
tic influence. When Mr. Barker was pre
pared to leave, he found that his horse
which had been fastened at the door had
been turned loose and had Avended his way
home alone and when found was shorn of
his tail and mane and bedaubed in a man
ner I cannot describe. The saddle bags
and democratic handbills, saddle and bri
dle were discovered hanging at the top of
the sign post and found guilty of high trea
son against anti-masonry.
The manner in which he would relate

LIFE OF BARKER.

incidents like the above reached the hearts
of his hearers and revived the drooping
spirits of his political associates.
The election of 1828 resulted, as is well
known, in the entire defeat of national
republicanism and anti-masonry, and the
triumph throughout this state and the
United States was complete. And to this
result, Mr. iiarker contributed in no trifling
degree. He was admitted to the bar in 1830, and
commenced on the regular practice of his
profession. Immediately after his admis
sion, he entered into a co-partnership with
S. G. Austin, Esq. The bar of Erie county
at that time, comprised as much talent and
learning, as perhaps any other of equal
number in the state ; and Mr. Barke/ had
besides to contend against the odds of well
established reputations, powerful connec
tions, and settled business. He was, howe
ver, undaunted. He entered upon practice
with the same untiring diligence and energy
which distinguished him as a student, and
he rose rapidly to the rank of the very first.
He was appointed clerk of the village of
4

34 LIFE OF BARKER.
Buffalo, on the 2nd of .]unc,1829. In 1831,
he was for the first time brought before the
people for an elective office. He was nom
inated by the democratic party of the
county for member of assembly. The
election was not a general one, and no
important questions were before the elec
tors to call out a full vote. He neverthe
less, obtained a handsome majority in the
city, and the opposition majority in the
county scarcely exceeded eight hundred.
This vote, when the attendant circumstan
ces are considered, evinced his popularity
in an eminent degree. His youth ; his bril
liant talents; his great personal popularity,
and his ambition rendered him an object of
envy to older politicians and they put forth
every exertion to secure his defeat. There
was also a strong and confident majority to
contend against. The official canvass was
as follows : — Horace Clark, anti-mason,
2287; William Mills, do., 2066 ;— George
P. Barker, democrat, 1459 ; Calvin Bishop,
do., 1216.
In June, 1832, the co-partnership which
had existed from 1830 between S. G. A us-

LIFE OP BARKER. 35
tin, Esq., and Mr. Barker, was dissolved,
and a co-partnership was formed with John
T. Hudson, Esq., under the firm of Barker
and Hudson. This partnership continued
until April, 1836. He w:is appointed Attor
ney for the city of Buffalo in 183:^. He
was the first Attorney of the city. The
same year, as soon as the rule of court
permitted he was admitted to the degree of
Counselor, and immediately after was ap
pointed District Attorney of the county.
The duties of thc office were then, as now,
extremely arduous and responsible. The
criminal business transacted in ICrie county,
and which of course comes under the super
vision of thc prosecuting officer, is greater
than in any county in the state. New York
alone excepted. Rlr. Barker made a fear
less and able officer, and discharged his
duties in a manner alike creditable to him
self and satisfactory to the community. He
in fact, laid the foundation for a higher legal
position. I shall here briefly notice the
imperial manner in which Mr, Barker ad
dressed a jury. Thc annals of Western
New York do not furnish his equal in that

36 LIFE OF BARKER.
respect. Although he could enchain a
popular assemblage by the vigor and beauty
of his declamation, his forte was before a
jury. With a tall and commanding person,
he united the rare qualities of a melodious
voice of great power and discipline. His
pronunciation, although occasionally orna
mental, was generally correct, and his com
mand of language wonderful. His figures
were always striking and oftentimes ex
tremely brilliant. His manner was ani
mated and impassioned. He portrayed
the passions with an artist's fidelity. He
thrilled by his towering declamation, fasci
nated by his persuasive powers; moved by his
pathos ; his " gentlemen of the jury " once
heard could not be forgotten. He was
effective both in the defense and in
the prosecution. Indeed, many ofhis inti
mate friends in the legal profession are
undecided where he shone best — in the
attack or defense. His efforts were gene
rally crowned with success. He seized
upon the prominent features of a case at
once, and then presented them with great
perspicuity. In the retort he was ever

LIFE OF BARKER. 37
ready. He loved a joke. He indulg
ed his facetiae sometimes, even at the
peril of his cause. His splendid efforts
before juries are deserving of a better
eulogy thtm I can give. Though few are
in print, tho name of those engraven on the
memory ofour citizens, is legion.
Mr. Barker discharged the duties of his
office until the December term of the com
mon pleas in 1836, when he resigned,
and Hon. Henry K. Smith vvas appointed
his successor. Mr. Smith held the office
until the 7th June, 1837, when Henry W.
Rogers, Esq., Avas appointed. Mr. Rogers
after serving two terms was succeeded by
S. G. Haven, Esq., in Juno^ 1843. Each of
these gentlemen are well known as able
lawyers, and severally performed their
duties in a satisfactory manner.
In the summer of 1834, Mr. Barker was
married to Miss Abby Coit, a lady of high
respectability and very fair accomplish
ments. This connection was productive
of much happiness which was unbroken
until Mr. Barker's death. Mrs. Barker is
a sister of George Coit, Esq., one of our
4*

38 LIFE OP BARKER.
oldest and most respectable citizens. After
her husband's demise, she returned to her
relatives at Norwich, Connecticut.
In the fall of the same year, Mr. Barker
was nominated for congress by the demo
cratic party. This, it will be recollected,
was the panic year. The election was a
general one; party lines were strictly drawn,
political feelings ran high and the opposi
tion exerted their utmost strength. Mr.
Barker's friends entertained no hopes of
success ; — indeed, defeat seemed inevitable.
He notwithstanding, received two hundred
more votes than any other candidate on
the democratic ticket, and his opponent
was elected by nearly three hundred less
votes than any other candidate on the oppi-
sition ticket. The official canvass shows
the following: — Thomas C. Love, anti-
mason, 4783 ; George P. Barker, democrat,
2466.

LIFE OF BARKER. 39

CHAPTER III.

I have thus far chronicled Mr. Barker's
defeat as a candidate for public favor. I
have now to speak of his success. Un
daunted by previous trials; unshaken in
their high estimation of their favorite; —
unawcd by the overwhelming anti-masonic
majority in the county against them, Mr.
Barker's political and personal friends again
placed him in nomination for the assembly
in the fall of 1835. They gathered around
and bore him triumphant'y through the
contest. It was a severe one. His splen
did abilities and great personal popularity
rendered his defeat " a consummation de
voutly to be wished." Every thing was
brought to bear against him which inge
nuity, hatred and envy could devise.
His strength with the people, however, was
too great to be overcome. His star was in

40 LIFE OF BARKER.
the ascendant. The canvass resulted in
his election by the very handsome majority
of 1180! In the city of Buffalo, his
residence, where of course he was best
known, and where the great strength and
influence ofthe opposition principally lay,
out of a poll of about 1900 votes he receiv
ed a majority of 1212 ! The vote in the
county was as follows : — George P. Barker,
(democrat,) 3400; Chauncey Hastings, do.,
2442;— Noah P. Sprague, (whig,) 2220;
Wells Brooks, do., 2652.
Thus, in thc 28th year of his age ; in the
zenith of his intellect, he was called to take
part in the Legislation of the Empire State !
Subsequent events fully demonstrated that
his friends had rightly estimated his abili
ties. His legislative career reflected honor
on Western New York, and placed his fame
beyond the reach of envy and calumny.
The November election in 1835 was not
very sharply contested in most of the coun
ties in the state. It as usual resulted in
favor of the democratic party. The fol
lowing senators Avere chosen : —
From the First District, Henry Floyd Jones,

LIFE OP BARKER. 41
Fi'om the Second District, Ebenezer
Lounsbury, and John Hunter; Third do.,
James Powers ; Fourth, do., David Spraker;
Fifth do., David Wager and Micah Ster
ling ; Sixth do., George Huntington ; Sev
enth do., John Beardsley ; Eighth do.,
Chauncey J. Fox.
All of these were elected on the reorular
democratic ticket, except Mr. Fox, of the
eighth district, who was a whig. Mr. Fox
was elected by a majoritj^ which did not
much exceed 160.
The Legislature met on the 5th of
January, 1S36. Both branches were
strongly democratic. Hon. John Tracy,
Lieutenant Governor, made an able presid
ing officer in the senate. Hon. Charles
Humphrey, was re-elected speaker of the
House and presided with dignity. By the
proceedings of a caucus of the democratic
members ofthe House, held for the purpose
of nominating off;cers for the session, I per
ceive General Lockwood, of Westchester,
presided, and Mr. Barker of Erie, and Mr.
Wetmore, of New York, were Secretaries.
One hundred and five members were pre-

42 LIFE OP BARKER.
sent and ansv/ered to their names. Gover
nor Marcy's annual message was communi
cated to both houses on the 5th. The
Albany Jlrgus, of the 5th, speaking of it,
says : " The topics of more direct interest
and importance — the increase of the bank
ing capital of the state, internal improve
ments, relief to the city of New York under
the recent calamitous fire, and the move
ments and designs of the .abolitionists, par
ticularly the latter, — are treated wdth great
fullness, and with a frankness and directness
of manner, becoming the occasion and the
subject, and worthy of the character of a
chief magistrate who has devoted all his
energies, during an able and prosperous
admiaistration of the government, to the
promotion oT the Avelfare of the people."
The governor communicated on the 6th,
a special message to both houses on the
subject of the Great Fire in New York city
in December, 1835, by which immense loss
of property was sustained and great suffer
ing brought upon thousands. The citizens
of New York had previously appointed
Messrs. Philip Hone, Daniel Jackson, James

LIFE OP BARKER. 43
B. Murray, and Charles Augustus Davis, a
committee to wait upon His Excellency and
endeavor to obtain legislative relief for the
city. The Message and accompanying docu
ments were referred to a joint committee as
follows : — Messrs. Van Schaick, L. Beards-
ley and Wager of the senate, and Messrs.
Wetmore, Dayan, M. H. Sibley, Luther
Bradish and G. P. Barker of the assembly.
Among the standing committees of the
session, Mr. Barker's name appears as fol
lows :
On ways and means. — Messrs. Dayan,
Morgan, G. P. Barker, D. L. Seymour,
Carroll. On Colleges, Academies and Common
Schools. — Messrs. Wetmore, Duane, G. P.
Barker, Yates and Bradish.
He was also a member of the joint select
committee on so much ofthe Governor's mes
sage, as related to the constitutional rights
and safety of the States in relation to do
mestic slavery. It consisted of Messrs.
Mack, Wager and Willes of the senate,
and Messrs. Judd, G. P. Barker, Duane,

44 LIFE OF BARKER.
Cowdrey and Tomlinson, of the assembly.
Before alluding at length to Mr. Barker's
legislative career, I shall briefly describe
some of the more prominent members, and
certainly, it comprised much more than
ordinary ability.
In the senate there were several demo
cratic members of decided ability, although
since the withdrawal of Mr. N. P.. Tall-
MADGE, elected to the United States senate,
there was no one to whom the character of
tho leader of the party in that body was
generally accorded. Among them I may
name Mr. Young of Saratoga, and Mr.
Beardsley of Otsego.
Of Mr. YoUiVG it is scarcely necessary to
speak, for having filled for many years im
portant public stations he is well known as
a man of genius and extensive attainments.
Mr. Beardsley was a shrewd and skilfull
legislator, who, without pretentions to elo
quence exercised a prominent influence on
all important subjects to which his attention
was directed.
Several other members of the senate on
the democratic side might also be referred

LIFE OP BARKER. 45
to in this connection, if my limits would jus
tify the introduction of all who possessed
considerable ability and distinction.
There were but four opposition members
in the senate and they were all from the
eighth district.
Albert H. Tracy, of Buffalo, stood con
fessedly in the front rank in the senate.
Mr. Tracy, is a proud example of the suc
cess, which in this country rewards well
directed effort aid honorable ambition.
He is truly the architect of his ov/n fortune.
As long ago as 1818, he represented in
Congress, the district which then comprised
the counties of Allegany, Cattaraugus, Chau-
taque, Ontario, Genesee and Niagara.
Since then, however, Erie, Orleans, Mon
roe, Seneca, Wyoming and Yates have
been formed from it, and several new dis
tricts created. He was but twenty five
years of age at the time of his election, but
so great was his industry and application to
the practical duties of legislation, that he
was elected three successive terms. In 1829,
he was first elected to the senate of this state
and at once took a high position. His ex-
5

46 LIFE OP BARKER.
perience in parliamentary usages ; his great
industry; his clear mind; his sound judg
ment and prepossessing manners, won for
him a senatorial reputation Avhich must be
enduring. He was re-elected in 1833, as
an anti-mason, and during his whole term
fully sustained his reputation. Mr. Tracy,
by his powers of comprehension ; his
acuteness ; his high character and capacity
for business is indisputably qualified for a
much higher position than he has yet filled.
He possesses a highly cultivated mind, and
his style as a speaker and writer, is forci
ble and elegant.
Mr. Fox, was an industrious member,
and is a man of fine talents.
On the democratic side, in the House,
Preston King, of St. Lawrence, first claims
my attention. He was an industrious and
valuable member, and displayed during the
session of '36, that skill and tact for which
he has since become so widely distinguished.
Though not an orator, he is still a ready
and forcible debater. His congressional
career has placed him in a high rank as a
politician, and he is known throughout the

LIFE OF BARKER. 47
Union as the able defender of the Wilmot
Proviso. Horace Gay, of Monroe, was a useful
member. He is a gentlemen of integrity,
very fair legal attainments and possesses
literary acquirements of no common order.
He was a warm personal friend of Mr.
Barker, and now speaks feelingly of their
intimacy. He still resides in the city of
Rochester. John Chamberlain, of Orleans, w-as
elected in a county opposed to him in poli
tics, owing to his personal popularity. He
did not speak often, but when he did, it was
with great effect. In his personal appear
ance, he was a unique character. Negligent
in dress ; his every joint moved with a
loose and irregular motion ; his frame was
stooping, and he had about him an air of
abstraction that marked him for an original.
At times, however, he would raise his bent
form to an erect attitude, and become the
accomplished orator. His voice was clear
and musical, and his manner brilliant and
impassioned. Great as was his mind, it
had important defects. He was sometimes

48 LIFE OF BARKER,
haunted with fits of misanthropy and mel
ancholy. He Avas prostrated by disease
for a number of years, and finally emigrated
to an obscure portion of Illinois, where his
talents, which might have been the admi
ration of his fellow citizens, remain un
known and unappreciated.
Francis B. Cutting and Prosper M.
Wetmore, of New York and Mr. Dayan,
of Lewis, were active and valuable members
and are deserving of a more extended notice
than my limits will permit.
Prominent among the opposition mem
bers of the House, was Luther Bradish,
then of Franklin county, and now of New
York city. Dignified and courteous in
debate, possessing excellent judgment, and
an enviable reputation for integrity, he has
ever ranked high in the estimation of his
political friends and enjoys in a great
degree the respect of his opponents.
Mark H. Sibley, of Ontario, is a ready
and accomplished debater and first rate
laAvyer. He Avas elected to congress in
'36, and Avas a member of the senate of this
state in '39. He has displayed ability in

LIFE OF BARKER. 49
all these positions and was an active mem
ber during the session.
George W. Patterson, of Chautauque,
(now lieutenant governor of the state,) is a
man of intelligence and an able legislator.
He was first elected to the assembly in
1832. He represented Livingston in '36,
and was an active and very useful member.
He was also speaker of the house during
the session of '39. Mr. Patterson's career
thus far has been honorable to himself and
creditable to his political friends.
Richard P. Marvin, of Chautauque,
is well known to our citizens as one of the
supreme court justices of the eighth judicial
district. He was a member of the consti
tutional convention in 1846, and, as a mem
ber of congress, creditably sustained himself.
He is a man of good talents, and possesses
uncommon industry.
These gentlemen are by no means all on
the opposition side who were members dur
ing the session, nor are they all who are
deserving a notice. It would not be con
sistent, however, with my limits to extend
this portion of the work. 5*

50 LIFE OF BARKER.
It was among such men as I have feebly
attempted to sketch, that Mr. Barker ac
quired his legislative reputation. But his
fine oratorical powers; excellent discretion ;
agreeable manners, and integrity of pur
pose, at once enabled him not only suc
cessfully to compete Avith them, but also to
take and maintain a prominent position.
I am sustained by incontestible evidence,
in pronouncing him one of the very first
members ofthe House in 1836.* The first
remarks he made in the House of which
any record are to be found, were made in
committee of the whole, on Saturday, Janu
ary 16th, on the "Bill for the Relief of the
city of New York." The question pending
was on the substitute proposed by Mr.
Bradish for the 3d section. I copy from
the Argus -.
He said, " that although a member of
the select committee which reported this
*Tn obtaining the materials for this portion of his life, lam
much indebted to the courtesies of the Librarian of the Young
Men's Association, of Buffalo, in furnishing me with the files of
the Albany Argus, Buffalo Republican, and other papers and
documents ; and to several gentlemen who were members during
the session.

LIFE OP BARKER. 51
bill, he thought it fair to state, and he
wished to advertise that committee that he
had no particular parental feeling for it ;
but although he feared that the main object
of it might be lost sight of in attempting to
perfect it — he for one, after some reflection,
had concluded lo support this section. If he
had erred in that conclusion, on him rested
the responsibility ; nor had he any wish — he
could have none — to influence the least
action of the house, unless dictated by the
intelligence and purity which ought always
to guide their deliberations. He had no part
to play in the matter; no point to gain, ex
cept simply to discharge his duty as a mem
ber of the select committee which reported
the bill. With respect to the amendments
he proposed, he had only to say that he
was not tenacious of the details of the bill,
provided the house did not undertake to
play Hamlet with Hamlet out. If the main
object of the bill — the relief of the city of
New York, and indirectly the relief of the
whole state — were preserved, then his ob
ject would have been accomplished.
" His friend from St. Lawrence (Mr.King,)

52 LIFE OP BARKER.
proposed to strike out this 3d section. He
knew that gentleman too well to distrust
his motives. He had known him too long
to treat with disrespect any suggestion ofhis.
But in this instance, it had been already
shown, that his proposition went to destroy
the vital principle of the bill, and that the
alternative which he suggested would not
meet the emergency. As to the objection
of the gentleman from New York, (Mr.
Cowdrey) that we were giving more, as he
believed, than the case required, he appeal
ed to the delegation from that city to say
whether they knew or could know the ex
tent of the wants of the metropolis, under
this calamity? The records of the past
furnished no precedent to guide us in the
estimate ; but all knew that it required
more to raise than to sustain; that as the
Speaker had well said, this credit, was a
matter of faith, and that if we acted at all
we must act in that bold and decided man
ner which could alone set this matter entire
ly at rest. And did gentlemen think to
avoid responsibility there? Let such re
member that there was a sin of omission as

LIFE OP BARKER. 53
great and more unpardonable than the sin
of commission. If the house hesitated at
this measure of relief he begged leave to
remind them that it would be quite as cen
surable and more unpardonable than if from
the best feelings of the heart they should
go too far.
" He asked those who presumed to esti
mate — for no one would presume to mea
sure, the extent of the calamity which had
befallen the city of New York — how they
could judge of the wants of that city in all
their aspects and varieties, except frora the
representations before the house ? Those
representations came from a body of citi
zens, to whose intelligence and high char
acter he desired there to bear his testimony,
and whose conduct evinced throughout all
their intercourse with the committee of the
house, a scrupulous desire to ask nothing
which the occasion did not absolutely
demand. With respect to the amount of
relief, the house had no guide but that fur
nished by the committee of citizens, and
the only alternative presented was to act,
if we acted at all, with the magnanimity and

54 LIFE OP BARKER.
liberality which the occasion seemed to
call at the hands of the legislature. And
at all events, so to act that we might not
hereafter be reproached with having been
guided by a contracted spirit.
"As to the preference expressed for a
permanent increase of banking capital,
although not opposed to that course on the
principle advanced by one of the gentle
men from N. Y. (Mr. Cutting) although he
came there with no religious, moral or
legal scruples against banks, more than
anything else ; yet he had not that ethical
lens Avhich some gentlemen seemed to have,
which enabled them to discuss the differ
ence in point of principle between a perma
nent and temporary increase of banking
capital, and by which others affected to dis
cover their right as legislators to disregard
the real wants of one section of the state.
He could vote as freely and cheerfully for
a bank, provided the public interest did not
conflict with it, as he Avould vote forthe erec
tion of a bridge.
" He Avas aAvare that perhaps something
had been said in the course of this discus-

LIFE OP BARKER. 55
sion, which might be thought extraneous,
considering the subject in debate ; but he
trusted he might be indulged — and after the
able remarks of the Speaker he did not feel
justified in detaining the house much longer,
with a feAv remarks with reference to the
matters to which their attention had been
called. He asked the gentleman frora Ncav
York, (Mr. Cutting) and in a spirit of kind
ness, where he founded his opposition to
banks in cases where banks were required?
Was it because the system adopted by this
state had anything peculiar iu its features
to excite distrust? Had not that system
withstood the attacks of its enemies and the
more dangerous sort of support — the faint
praise of its friends ? And what would be
the effect of a contracted, artificial, unna
tural repugnance to an extension of the
banking capital of New York, whilst for
eign states were holding out more fruitful
fields of speculation, and when men of capi
tal were already driven by the paucity of
banking facilities in their own state, to seek
investments elsewhere? — The effect must
be in the end, to render us dependent on

56 LIFE OF BARKER.
foreign banks, and to drive from this state
a vast amount of capital, actually required
here, and to place it where it would be ex
empt from taxation.
"One word in reply to the gentleman
from Ulster, (Mr. Romeyn,) for whom he
entertained certainly no feeling of unkind-
ness or disrespect. He felt constrained to
ask that gentleman, Avhether, in his denun
ciations of all appeals to the passions and
feelings of members, he had not himself
made a direct appeal to the passions and
jealousies of that house, when he travelled
out of his way to warn the committee that
after New York had obtained the facilities
contemplated by this bill, the New York
delegation might turn round upon the coun
try and say that enough had been already
granted and that they would grant no more.
For himself, he had only to say to that
gentleman, and to the New York delega
tion, that although the humble portion of
the state which he in part represented had
as anxious an eye to the action of that
legislature as any other section, and that
although there are all that he had or hoped

LIFE OF BARKER. 57
to have was centered — yet that even could
he know that the Ncav York delegation
Would oppose every application from his
constituents — still he begged leave to tell
them that they had nothing to fear from him,
and for that reason, and that he should dis
charge his duty regardless of the conse
quences. He appealed to the gentleman
from Ulster to say whether AA'hen he took
his oath before that table to do his duty as
a legislator, he swore that he would do it,
provided the New York delegation did their's
also ? If the representatives from New
York should oppose every object in which
he might be interested, he could find no
relief in that circumstance, from the obli
gation resting on him to do his duty, not
merely as a representative of a single sec
tion, but of the whole state. His constit
uents did not send him there to play a
a game of rush for legislative favors, at the
expense of New York and the integrity of
the house; believing that the legislature
would give them all that their situation re
quired without a resort to such means. If
he were to assume to serve them by pitting

58 LIFE OF BARKER.
himself against a particular section of the
state, supposed to be unfriendly to his pro
jects, his constituents Avould be misrepre
sented there. He could not enter upon
such a course.
" The gentleman from Ulster as he said,
had brought to this question the experience
of foity and three years, and a mind disci
plined by professional studies. He (Mr.B.)
left it to the house to say, judging from the
gentleman's matter, (for he would not speak
of his manner) Avhether in the period of
these forty and three years, the fire and
ardor of his youth were quite extinguished.
For no man he presumed on that floor
would have imagined, but for the gentle
man's explanation of his remarks, that when
he tinkered the heavens into brass and the
earth into iron, he intended to allude to the
western deluge. If it would relieve the
gent's illustration in the least, he would tell
him that on the spot they did not think
it much of a shower after all. Nor need he
be alarmed for the west on that score, for
it could not well be supposed that thc ques
tion now before the house, or any other act

LIFE OF BARKER. 59
of legislation, could affect the season alluded
to, especially as that season had passed.
When that case should come up, with a
vicAvto relief, then perhaps the figures ofthe
gentleman might be in good taste ; but here
they could hardly be considered applicable.
He agreed Avith the Speaker that the effect
of this bill was not confined to the city of
New York. He did not ask the represen
tatives of that city to concede anything in
return. He stood there as the representa
tive of his immediate constituents, it was
true,.and he considered it fortunate for them
that the;f believed their interests as well
as those of the state, to be identified too
intimately with the prosperity of New York.
to be induced to go into the suicidal policy
of cutting off the body to retain the limbs.
As the gentleman from Ulster Avas at home
on classic ground, he begged leave to call
to his recollection, in illustration of his
course on this bill, the old Roman story,
where the limbs entered into a conspiracy
that they Avould no longer support the slug
gish belly, and to ask him whether his at
tempts to excite a country feeling against

60 LIFE OP BARKER.
the city, would not if he found a response
there, prove equally absurd and destructive
to the interests of the Avhole ? But he would
not detain the committee longer at that
late hour ; nor did he believe it to be ne
cessary Avere it in his power to say any
thing in aid of the appeals which had
already been made to the house. But he
Avould ask merabers frora every section of
the state to bury under a comraon regard for
the common good, all sectional or personal
feelings, and to come forward and discharge
their duty independently, and under the
responsibilities Avhieh they owed to them
selves, their constituents and the whole
state." The Argus, ofthe 6th February, says:
"The material Ncav York relief bill, was
finally passed yesterday and has become a
laAv. The Assembly concurred in the
amendments of the Senate chiefly (striking
out tho second section) by a vote of 101 to
5. The bill among other provisions, au
thorises the banks in the city of New York
to loan for two years a sura equal to one-half
of their capitals respectively, and to dis
count upon it as capital to the amount of

LIFE OP BARKER. 61
once and a half of the sum borrowed."
In order to explain somewhat the re
marks of Mr. Barker, on the bill to " expe
dite the construction of a railroad from
New York to Lake Erie," I have copied as
follows, from the second volume of Mr.
Hammond's political history : " On the sub
ject of internal improvements Gov. Marcy
stated in his annual message that the general
fund was entirely exhausted; that the Chenan
go Canal would cost, instead of one million,
as had been represented, about two millions
of dollars, and that the enlargement of
the Erie canal would cost at least twelve
millions of dollars, and that he protested
against pledging the state for any further
works of internal improvement, unless the
legislature would provide some specific
means for the payment of the interest of
the money which Avould be required to be
borrowed. In the face of these facts, and
this solemn Avarning, the legislature passed
laws during this session for loaning to the
New York and Erie railroad company
$3,000,000, and for constructing the Black
River and Genesee Valley canals. To these
6*

62 LIFE OP BARKER.
measures the majority in the legislature
were goaded on by the Avhig ncAvspapers
and politicians, who charged them with
being governed by narrow vicAvs and a se
cret hostility to all internal improvements.
Against the assumption of these tremen
dous liabilities. Col. Young, Mr. D. Spraker
and a few other senators raised their voices,
and some feeble efforts Avere raade in the
assembly to arrest the progress of these
measures, but their exertions Avere Avholly
ineffectual." (Mr. Barker's remarks in the Assembly
on the 20th of February, on an appeal from
the decision of the chair, on the final pas
sage of the bill to expedite the construction
of a rail road frora New York to Lake Erie.)
He said, "he felt called upon to explain
a remark of his in favor of laying this ques
tion on the table, and especially as it had
been said that this subject had been long
before the house, and that every gentleman
should have been long prepared to act upon
it. If he had erred in not having brought
to this subject the examination which Avas
due to it, the responsibility he was aware

LIFE OP BARKER. 63
rested on him. — But if he had erred, it was
from misrepresentation as to the proper
course to be adopted to bring the question
before the house. He had supposed that
the proper course was to refer it to the
standing committee appointed Avith refer
ence to their qualifications to examine these
questions and he had expected to have been
guided by the light Avhich that committee
would throAv upon the subject. He assured
the gentleman that he had no earthly object
in calling for an examination, but to come
to an honest conclusion; and although
others might be fully satisfied in their own
minds on the subject, he could only say
that they were more fortunate than he.
But opinions were sometimes founded on a
partial as well as a thorough examina
tion of a subject, and long continued reflec
tion sometimes led to doubts where none
were entertained before. He knew not
what examination those who spoke with so
much confidence, had brought to this sub
ject, nor was it to be supposed that acting
as they did there under a heavy responsi
bility, they had expressed a mere off-hand

LIFE OP BARKER.

opinion. He could only say to such that
he acted on his OAvn responsibility there ;
and although as the gentleman from Ulster
(Mr. Romeyn) had said, a precedent of this
kind might lose us the $800,000 loan to the
Hudson and Delaware canal company, for
one, he had rather lose eight hundred mil
lions than to commit an error, on a grave
constitutional question like this. Such ar
guments had no influence on him. He Avas
to act in this case on the lights of his own
judgment, and independently of the views
hoAvever confidently expressed, of others.
What then was the point? It was true as
stated by the gentleman from Oswego
(though he stated the proposition in a sense
perhaps too much restricted) that a corpo
ration was a creature of the statute — that it
had no powers except such as it derived
from the statute. It might be said to live
and move and have its being by statute.
But he had understood that a corporation
had all the powers necessary to a full en
joyment of the authority granted. Noav his
difficulty as to the power of corporation to
a mortgage was this. It was not the design

Life op barker. 65
of the legislature or of the corporation, that
it should mortgage or convey its real estate.
The corporation was to make the road and
its powers to raise money for that purpose
were prescribed by its charter. It was to
be built by the stock subscribed. It never
entered into the heart or minds, he trust
ed, of this corporation that they Avere to
apply for a loan on giving a mortgage.
The charter contemplated no such thing.
Now here it was proposed that they should
loan money and give a mortgage, when the
original act of incorporation did not con
template that the road should be built in
that Avay. However confident others raight
be on this subject he appealed to every pro
fessional man whose attention had been
drawn to this subject to say, whether there
was any one subject of judicial investigation,
where there was less harmony of decis
ion — perhaps he should say Avhere decis
ions of courts in this country and in Europe
were more at war — than on this subject.
There was no analogy between the corpo
rations themselves, and no arguments could
be draAvn from the one Avhich could be ap-

66 LIFE OP BARKER.
plicable here. Nor was it to his mind a
perfect answer to the position taken here,
to say that the bill merely granted the
power to borrow — that it contemplated
nothing conventional — that the lien was
created by the operation of the law. He
asked the gentleman who urged this argu
ment, to point out the distinction (for it
was too subtle for him) between giving the
poAver to execute and sign a bond and mort
gage, and creating a conditional lien by ths
act itself. Were not the powers of the
corporation in effect extended just as much
in one case as in the other? If not he had
not fully appreciated the argument. As to
this being a public act, because thc school
fund Avas to be increased by it, he did not
think the argument of that conclusive kind
that it had been claimed to be ; for it w^as to
be supposed that every act of incorporation
was intended to benefit indirectly the Avhole
state. Still he would not be understood to
speak Avith confidence on the question
before the house. He had no right to be
confident, and he Avas not ashamed to own
that without more reflection, he could not

LIFE OF BARKER. 67
feel entirely free from doubt. It might well
be that the friends of the bifl felt entirely
clear upon this subject, but he asked whe
ther in a case involving so much doubt, and
when it was expected as it was here, that
the question would go to the appropriate
committee, it was extraordinary that raany
should be unprepared to vote. For himself
he was sure that the question was not pres
sed upon the house with a view to embar
rass the bill. If he knew himself, he Avas
willing that the bill should pass, if it could
pass constitutionally, and he should in that
case, say amen to it as heartily as any man
on that floor. All he wished Avas to give
an honest and intelligent vote on the
question."

68 LIFE OF BARKER.

CHAPTER IV.

Connected with the legislation of 1836,
it may be well here to note, that opposition
to banking or other monopolies was not
then as since, to some extent it has been
made, an article in the creed of the demo
cratic party in this state. On the contrary,
after the adoption by the legislature of the
safety fund system, under the recommen
dation of Mr. Van Buren, during the short
time he was Governor, the protection and
extension of that system was regarded ge
nerally as an important duty of the demo
cratic party, and the multiplication of bank
charters occupied a large portion of the
time of the legislature, and the distribution
of the stock under those charters was re
garded as a legitimate means of extending
party influence and of rewarding party ser
vices. Most of the prominent members of
the party, availed themselves of their posi-

LIFE OF BARKER. 69
tion of influence, to secure directly or indi
rectly a share of the spoils, either in the
shape of bank stock or bank offices, and
this practice had extended so far, that it is
believed, that of the prominent members
of the party at this time, either in the legis
lature or out of it, very few could be named
who were not largely interested in banks.
Even Col. Young, whose general integrity
could not be doubted, and whose zeal
against chartered monopolies has since
been conspicuous, at this time had a
large portion of his fortune invested in the
stock of the safety fund banks. Of course
the organs of the party were ready to de
nounce as incendiary and disorganizing the
movements now beginning to be made by a
portion of the democratic party in the city
of New York against a then very apparent
bank influence. This section of the party,
then opprobiously denominated loco foco,
small as it was, numerically, embraced, how
ever, several men of distinguished ability
and courage and sustained by the powerful
pen of the late Wm. Leggett, succeeded in
making itself heard and felt in the legisla-
7

70

LIFE OP BARKER.

tive hall at this session. It Avas the oppo
sition of this party to the further extension
of banks that Mr. Barker had to encounter
in the prosecution of his favorite mea
sure, and in his speech, extracts from
which now folloAv, if all his positions do not
accord with what aftei-Avards came to be
recognized as sound democratic principles,
it must be borne in m.ind that the}^ Avere the
prevailing doctrines of the democratic party
of that day.
In Assembly, , Tuesday, April 19, Mr.
Barker, after some remarks in opposition to
the bill to repeal parts of the restraining
act — directed not against the measure it
self, except so far as it was urged as a sub
stitute for, or as an antagonist to the safety
fund system — went on to say : — [Argus.]
" There is still another point on which I
wish to say a few Avords by way of appeal
to western members. And on that head
let me not be misunderstood. I don't ap
peal to them because I suppose they have
any interests distinct from the general inte
rests. I appeal to them because they know
and feel our identity of interest, and be-

LIFE OF BARKER. 71
cause they can appreciate Avhat I have to
say. And now I ask every western mem
ber satisfied as I know every western man
must be of thc wants and demands of the
people of the west in reference to banking
capital, whether he feels justified in attempt
ing to evade these demands, under the plea
that to gratify them would be but to minis
ter to the interests of a few individuals?
Let me a'sk Avhetlier the sailor on our lakes
don't know the difference between $15 and
^18 a month — Avhether the farmer does not
know the difference between six and seven
shillings a bushel for his wheat — whether
the laborer does not knoAv the difference be
tween four and six shillings a day? This is a
matter which the people distinctly under
stand, and the man who believes that the
cry for more banks emanates from the aris
tocracy, or from any other source than the
back-bone of that section of the state is
mistaken. " He knows not western New York, and
however honest men may be in supposing
that the great body of thc people are crying
'«ut against banks, they forget the wide dis-

72 LIFE OP BARKER,
tinction which exists betAveen the feeling of
indignation everywhere raised against an
institution that was at war Avith our own,
and to ward off Avhose attacks the strong
arm of state poAver was put in requisition —
and the safety fund banks of this state.
They mistake the intelligence ofthe people,
when they undertake to identify the one
with the other. They know better and I
Avill say that the man Avho strikes a blow at
the safety fund system of this state, touches
the democracy of this state where they feel
most. Yes sir, were I called on now (as I
have been) to say Avhat that man had done,
who originated that system, the best answer
I could make would be to tell the inquirer
to open his pocket book and see Avhether
he had a safety fund note in it. You mis
take if you suppose that this is not a favo
rite system, and the raan Avho has taken up
a different impression, has derived his opi
nions from the mob, and not from the peo
ple. And will gentlemen prefer to take for
their guide on this subject, the opinions of
those Avho are here to-day and there to
morrow, or the views of those on AA'hose

LIFE OP BARKER. 73
intelligence are suspended the destinies of
our country ?
" The man who raises his hand against
the safety fund system, permit me to say,
does it on a responsibility that I do not
envy. I will say further that even if thc
father of that system, could we suppose a
thing so unnatural, (which I cannot) or he
who sustained by what is called the six
million mortgage, should attempt to crush
it, his arm would perish in the effort. The
people of this state cannot be trifled with.
No man can lend his countenance to a sys
tem until the people have experienced its
benefits, and then withdraAV it at his plea
sure, and at the same time recline on the
reputation of having created it. I believe
I speak the feelings of the democracy,
and I may include also men of all par
ties, when I say that the people will never
submit to that policy. And on this point,
I say no more than I intend, I mean to be
so distinctly understood.
" I regret that owing to indisposition, I
cannot now pursue this subject as far as I
intended ; but probably during the course
7*

74 LIFE OF BARKER.
of this discussion, I shall have another op
portunity, to extend my views. But I do
say here — and I address myself again to
western men — that however we may differ
in political sentiments, there is an interest
paramount to that — and that is the duty we
owe to Western New York ; — a duty grow
ing out of the state of the currency, and the
wants of the business community in that
section — to which everything else mustbow.
Such as choose to sacrifice the interests of
the west, either to views of policy or expe
diency, must take the responsibility upon
themselves. I wash ray hands of it, here
and before ray constituents. And I will say
for one, (and I hope the majority will sus
tain me,) that I never will vote for an ad
journment of this house (until another body
better able to express the feelings of my
constituents shall take our places) — until
banking facilities are extended to the west,
or every bank charter in the state is repeal
ed, I mean all that too Mr. Chairman.
In Assembly, Wednesday, April 20, P. M.
— The committee of the vvhole Mr. R. L.
Smith in the chair had risen and reported

LIFE OP BARKER. 75
on Mr. Yates' bill, (in addition to Mr. Cut
ting's) and refused to rise and report on
the latter. The question Avas on Mr, Wil-
kison's motion to strike out the enacting
clause, and Mr. Barker and Mr. Marvin had
spoken in opposition to the motion.
Mr. Barker addressed the committee as
follows -. — " Mr. Chairman — as I have once
had the floor on this subject, I will not
detain the committee with any remarks,
except such as seem to be called for as a
matter of justice to myself, and in reply to
arguments addressed to me personally.
The arguments urged in relation to the
subject generally, I leave for the present,
at least to other members of the committee
to answer, confining myself entirely to cer
tain allusions Avhich have been thrown out
in the course of this debate, connected with
me and my course in relation to this bill,
to which 1 feel called upon to reply. And
in doing this, I would premise by saying to
the gentleman from New York (Mr. Cutting)
that the sentiments of kindness which he
has expressed towards me personally, find
in my heart a perfect reciprocity of feeling;

76 LIFE OP BARKER.
but that at the same time AA'hile I stand up
here for my constituents he, as he conceives,
acts for his own, and that our course in re
ference to this bill is, in consequence,
fated to be different. I vote as I believe
the interests of my constituents demand at
my hands, and I am not at liberty to com
promise them for any feeling of friendship
which I raay entertain for any individual.
Still, I will say to the gentleman, that were
I to be governed in this matter, only by
personal predilections, which are my own
property and at ray OAvn disposal, and that
were it possible for me to be seduced by a
man, under the circumstances in which I am
placed I Avould, without hesitation, choose
him as the seducer.
As to the remarks I have made in justifica
tion of my course as regards this bill, they
are before the committee. They are satis
factory to my OAvn mind, and that matter I
must justify before my constituents. I
propose now, therefore, to confine myself
as I promised to the affusions made by the
gentleman from New York (Mr. Cutting)
to myself, and to the arguments adduced by

LIFE OF BARKER. 77
him in reply to Avhat fell from from me yes
terday ; I appeal to the gentleman himself
to say whether he treated my remarks with
perfect fairness Avhen he said the only argu
ment I had urged Avas in favor ofthe Buffa
lo Bank ? The course of ray argument (if
that can be called argument, Avhicli was
designed to justify my own mind) was
to charge and prove upon the gentleman
from Ncav York, in the introduction of his
bill, hostility to the increase all banking
facilities. I also said and attempted
to prove that those Avho advocated this
measure and Avho would impose this
injunction, were at war with our bank
ing system — that this compound monopoly
which he and they would introduce, would
never be submitted to by the people of this
state — and 1 asked the gentleman whether
he could furnish a single argument against
the increase of banking capital, which did
not go to the system itself. That ques
tion the gentleman has not yet an
swered^ " The gentleman saAv fit in the course of
his remarks to say in reference to the with-

YS LIFE OP BARKER.
drawal of the U. S. branch bank, that he had
understood that in 1824, a bank of $400,000
capital Avas granted to Buffalo, having in
view the Avithdrawal of that very branch
bank. Now, I ask the gentleman from New
York, (Mr. Cutting) the gentleman who cal
led for argument but gave none — (whether
from his need of it, or otherwise is not for
mc to say,) conceding the fact that ^400,-
000 was granted to Buffalo, in 1824, by
way of banking facilities, because the
branch bank Avas to be withdraAvn, Avhether
that act gave any more than $400,000 to
Buffalo ? No matter Avhat the inducements
Avere for the increase of banking fa.cilities
in Buffalo, did it make more than ^400,000?
Did it do more than supply tbe vacuum oc
casioned by the withdrawal, and did it
nccessai-ily dispense with any further exten
sion of banking facilities to th-at city for all
time to come? On this point also 1 shall
await a reply from the gcntleraan from
New York.
The gentleman also remarked, in refer
ence to the uncurrent money afloat m Buf
falo, that it was a very easy matter to re-

LIFE OF BARKER. 79
duce that circulation to specie. Now, I can
say that hoAvever applicable the remark may
be to the city of New York, it evinces that
the gentleman's knoAvledge of the business
of western New York is extremely limited.
The business men of Buffalo are compelled
to go into other states, and almost on their
knees, beg of foreign institutions the use of
their paper, on condition that they keep it
in circulation. Yes, sir, to foreign corpo
rations they are compelled to bow. And
why? Because the wisdom of their own
legislature refuses to minister to their ne
cessities. Why, sir, the business man who
should undertake to buy up this paper, for
the purpose of returning it to its source,
would find himself among business men, an
outlaw — a traitor to the interests of his
brethren in commercial transactions.
" And here I must treat the gentleman as
a lawyer. I said his argument was adverse
to the increase of banking facilities. I
plead to his decleration. If I traversed or
departed in my plea, as a lawyer he should
have demurred. But he saw fit to reply,
and on fair legal principles, his argument

80 LIFE OF BARKER.
is confessed to have been adverse to the
increase of banking facilities. The gen
tleman also asked — at the same time saying
that he was not opposed to the banking
system — that his bill was not adverse to it
— why it was that Buffalo and other por
tions ofthe state, were now writhing under
this policy? Still that was no attack on
the system? Sir, it was not the fault of
the system itself, but the evil the gentleman
alludes to is the result of the want of the
extension of the system to meet the con
stantly increasing demand for banking fa
cilities. As well might you say that be
cause a barrel of pork thrown in among
a hungry multitude would be productive of
serious consequences, from the inadequacy
of the supply — that therefore the pork itself
is good for nothing. The difficulty is that
the system has not been extended sufficient
ly at the west; and because it has not been
extended to such a degree as to meet the
absolute necessities of that section, is that
any evidence that the system itself is a bad
one? I for one cannot see how the con
clusion follows.

LIFE OF BARKER. 81
" There is another portion of the gentle
man's remarks Avhich I intended to reply to
immediately. The gentleman said, in an
swer to my appeal to the house on behalf
of the Avest that he had shown himself a
greater friend to the west than myself. He
points to his vote for the Rochester and
Olean canal. He points, not to his vote,
but to his generosity towards the southern
rail road company. Let us examine this
subject. And first I have to say to the gen
tleman, that notwithstanding all the feelings
of partiality I may have for those deeply
interested in the Olean canal, and although
I do not suppose that my efforts would have
altered the determination of the house, in
reference to that work, (and viith the result
I am content,) yet had I been able to have
taken the floor at the time, I should have
brought all the capacity which God has
given me to bear in opposition to that bill,
and let the responsibility of that course and
of this avowal rest on mc and upon us in
the west. But look at the generosity ofthe
gentleman in reference to that bill. The
common council of his own city instructed
8

82 LIFE OP BARKER.
hrim to A'ote for it. The resolutions of that
body were spread upon our tables, pointing
out thc advantages which Avould result to
the city of New York, from the construc
tion of the work ; and it a\ as even pro
claimed on this floor, that when that canal
shall have been completed, Buffalo would
no longer be the " Queen of the West ! "
And yet thc gentleman supposes that I Avas
recreant to the west, when I gave my vote
against that bill, and speaks of it as a merit
that he has obeyed the instructions of his
common council !
" As to the southern railroad, my course
is also before the house, and before my con
stituents ; and with them I am content to
let it rest. With respect to the gentleman's
own course, I should have never inquired
into it, had it not been put forward here,
as constituting a peculiar claim upon west
ern feeling, on the part of the gentleman
from New York. Having been thus parad
ed here, I may be permitted to remark that
if it be true, (as I have no reason to doubt
it is) that he has paid $10,000 for stock in
that railroad, it is equally true that that

LIFE OF BARKER. 83
very railroad was eloquently advocated by
a brother colleague of his on this floor, as a
measure calculated to bring the whole
western trade, without fear of competition,
to the city of New York. Did the gentle
man (let me ask) look beyond Ncav York
for a motive to that subscription ? That is
all I have to say on that head ; for I will
not say that the gentleman has a large for
tune invested there in real estate. To sup
pose that consideration had any influence,
Avould be to impute selfishness to the gen
tleman and that I can never impute to him.
" There is another part of the gentle
man's (Mr. Cutting's) argument, if it may
be called argument, that I regret to refer
to; and let it be understood that if I talk
with plainness, it is not because anything I
have said has left a sting here. I shall
treat this as a matter between friend and
friend, who stand, in their official capaci
ties upon an equal footing on this floor.
The remark of mine to Avhich the gentleman
alluded, the committee will recollect, I pre
faced with another, that I was about to say
no more than I meant, and I now add that

84 LIFE OF BARKER.
I meant no more than I said. I make that
amendment to it. What was the remark
I made that called out from the prime min
ister (as he would appear to be) of the ad
ministration, the sentence of excommunica
tion? I said in relation to the safety fund
system, that it had come to be a favorite
with the democracy of this state. That
although it OAved its origin to the favorite
Son of this state, it had not commended
itself to their regard on that account alone,
but that it had been tested by experience,
and triumphantly tested. And I said that
should that man (and I say so still) deep as
may be the channels he has worn to the
affections of the people of this state —
should that raan I repeat, array himself
against the democracy, as to a course of
policy Avhich they haA^e at heart (and of this
they will judge) — and I say still, though
without any apprehensions that matters
will ever come to that pass — that the demo
cracy will say to that man " thy glory has
departed." I take back nothing on that
subject. "Sir, (said Mr. B.) let us see whether

LIFE OF BARKER. 85
there be anything in this, that would bring
me under the ban of the gentleman from
New York, (Mr. Cutting.) Let me ask
that gentleman, if even that man, who has
been well said to have filled " the measure
£>( his country's glory" if that same arm
which was stretched out at New Orleans in
defense of his country, should noAv be raised
against that country — if that same voice
which was once heard against a powerful
monopoly, then preying on the vital inte
rests of the country, should now be heard
in its support — let me ask the gentleman
what Avould be the verdict of the people of
this state and ofthe Union? All I meant to
say (and I repeat it) was, that that man who
supposes that he can array himself against
the intelligence of the democracy of this
state or of the Union calculates too much
on his strength. 1 said, and I say it again,
that I acknowledge no power here^ that is
paramount to the will of my constituents;
and if the gentleman argues from this, that
I am about to leave the party, and under
takes to say that I can leave the party — I
have to reply, that until I leave the people.
8*

86 LIFE OF BARKER.
Mr. Cutting: Does the gentleman attri
bute such remarks to me?
Mr. ^Barker : I understood the gentleman
to say something like this — is it to be de
clared that because a bank can't be granted,
I leave the party?
Mr. Cutting : My language was this —
that because a bank can't be granted, I
leave those I have heretofore supported?
Mr. Barker: I say if the people want
capital — if the democracy demand it — the
representative assumes upon himself too
much who undertakes to resist it ; for that
voice is omnipotent and Avill always be
heard. So far the gentleman understands
mc. But I say further, that if we could
suppose anything so improbable as that
such motives or designs could be charged
upon either of the men I have alluded to,
(which I utterly deny) — I do say as an ab
stract truth and I care not where it touches
— that the man Avho arrays himself against
thc wishes of the great body of the people,
will soon receive his verdict at their hands.
Does the gentleman doubt it? Where now
is he of Delaware, who once held the

LIFE OP BARKER.

87

democracy of this state, as it Avere in the
hollow of his hand? By the betrayal and
desertion of thc principles of the democra
cy, even that man has forfeited their confi
dence and is forgotten. Where now is tho
promising young man, Avho once represent
ed the democracy of the county of Orange?
He too has received his verdict. And Avhy?
Because he arrayed himself against the
wishes of the people and no man can
stand against that power.
" The gentleman also remarked that we,
(the applicants for banks,) were standing
here like Swiss soldiers, asking pay for
services. The proposition was not stated
affirmatively, to be sure, but in the form of
an interrogatory, and the remark w^as not
less pointed for that reason. Now I can
not accord to the gentleman CA-enthe merit
of originality in that remark. I have heard
it before. It is like a story thrice told in
Western Ncav York. It is however, so far
original with the gentleman, that I have
always been accustomed to hear it from
those holding different political principles
from those the gentleman himself professes.

88 LIFE OF BARKER.
It is not a ncAv song to me. But I have to
say to the gentleman that I know not under
Avhat power of attorney he assumes to ask
whether I am prepared by adhering to the
wishes of my constituents, to prove re
creant to my faith. I can say that I regard
no Avarrant of attorney, unless it be given
by the demociacy of Erie, and I invite the
gentleman if he wishes to read me out — or
as the phrase is, to Vanduzer me — for the
remark I made — to lay the venue in the
county of Erie, and try the issue before my
constituents. That is the only tribunal to
which I submit.
I have a few words more to say to the
gentleman frora New York, and but a few.
I asii him with what grace he calls me to
account, as recreant to my faith, in advocat
ing the extension of banking facilities? By
lioAv large a majority of those Avho claim to
be democratic members of this house, is he
sustained here. Who have stood shoulder
to shoulder Avith him in his proposition to
repeal the restraining act? I wish no an
swer. I mean no disrespect to those Avho
differ Avith me in politics, nor should I have

LIFE OP BARKER. 89
introduced the topic on this floor; but it
having been introduced I am free to speak
of it. I wear no screen before my breast,
every portal of it is open to the gentleman,
and if he pleases he can enter. If I have
erred, the gentleman shall not be put to the
ti-ouble of taking testimony on the subject.
I will argue the question with him on bill
and ansAver. If any expression I have used
— if any doctrine I have advanced, be het
erodox — I ara easy of conviction — for I
will furnish on short notice, and at any time,
the evidence desired.
I say therefore in conclusion to the gen
tleman from New York, [and my object in
rising now was merely to make myself un
derstood on this point,] that Avith a full
knoAvledge of all the responsibility of the
declaration, I shall go home to my constitu
ents as fearlessly as he Avill to his, and Avith
the assurance that I have not disobeyed the
instructions given by raore than three-fourths
of the committee which nominated me.
The Argus of May 26th, 1836, sums up
the session as follows: —
" The legislature of this state adjourned

90 LIFE OP BARKER.
this day at 12 o'clock. The session has
been one of longer duration, and more ar
duous than any which has ever preceded it.
It extended to 143 days.
The number of acts passed is 536 — a far
greater number than has ever been passed
at any previous session. Among the laws
are comparatively feAv of a public nature.
Of these the apportionment bill, under the
ncAv census, may be said to have excited as
much interest, and to have produced as much
discussion as any other.
Equal in interest and importance were the
bills for internal improvement. Araong
these, are the Black River Canal, and fee
ders, and the Genesee Valley Canal, and the
bill to expedite the construction of the New
York and Erie Rail Road. The two former
involves an estimated expenditure of about
three millions of dollars, and the latter the
loan of the credit of the state, in the pro
gress and at the completion of the A^^ork to
the same amount.
The local acts of incorporation for pur
poses of internal improvement, extended to
no less than forty-tAvo rail road companies,
with an immense aggregate capital.

LIFE OF BARKER. 91
The question of the incorporation of
banks was as usual an engrossing one. The
legislative action on this subject resulted in
grants for charters of twelve new banks,
and an increase of the capitals of two ex
isting banks : making an aggregate addition
to the banking capital of the state five mil-
hons six hundred and seventy thousand.
The calamitous fire in the city of New
York, — the cause of much legislation early
in the session, produced also a species of
incorporation heretofore but little known in
this state. We allude to the mutual insur
ance companies. Of these there were 26
acts passed during the session."

92 LIFE OF BARKER.

CHAPTER V.

Mr. Barker after the adjournment of the
Legislature returned to Buffalo, and em
barked with zeal once raore in his profes
sional business. In the fall of 1836, he was
put in nomination for congress by the de
mocratic party. He declined the nomina
tion, however, for private reasons, but he
sustained Mr. Van Buren and the demo
cratic ticket with vigor. In 1837, when Mr.
Van Buren's special message was promul
gated, he was among the first to give in his
cordial support to the statesmanlike views
and the bold and vital measures advanced in
that admirable document. Though many
from whom better things were expected, re
ceded at once from the party — men who had
been cherished and made by its bounty; —
he stood up amid the general defection
which surrounded him, and fearlessly and
warmly supported the doctrines so patrioti
cally presented.

LIFE OF BARKER. 93
In April, 1837, Mr. Barker formed a part
nership Avith Seth E. Sill and Seth C.
Haavley, Esqs., under the firm of Barker,
Hawley and Sill. This firm continued till
November, 1839, when Mr. Hawley went
out, and the firra went on as Barker and Sill,
until Mr. Barker was elected attorney gen
eral in February, 1842. The business trans
acted by this firm was very great, as all of
the gentlemen connected Avith it possessed
distinguished legal attainments. All of the
gentlemen who have at any time been con
nected with Mr. Barker as partners, speak in
the highest terms of their deceased friend,
and warmly commend his virtues and talent.
In September, 1838, he was chosen a dele
gate from the county of Erie to the demo
cratic young men's convention at Utica.
This convention was one of the most nu
merous, talented and enthusiastic bodies that
had ever assembled in the state. Many there
present had been distinguished for their tal
ents and the public stations they had filled;
and in comparison with whom Mr. B., was
little known ; the West however, whose ar
dent friend and vigilant supporter he had
9

94 LIFE OF BARKER.
always been, knew and appreciated his merit
and abilities, and with one voice presented
hira as the one most worthy to perform the
duties of presiding officer. He was accord
ingly chosen to preside OA^er this noble rep
resentation of the junior democracy. Those
who listened to that burst of true eloquence
AA'ith which, on assuming the duties of the
station, he electrified that vast assemblage ;
and who witnessed the dignity and irapar-
tiality with which he presided, Avill look back
upon the scene as one of the most gratify
ing of their lives. This convention dis
solved, but each member carried away Avith
him admiration for the abilities of its pre
siding officer, and regard for his personal
qualities. I shall now allude to the military career
of Mr. Barker. By the records in the ad
jutant general's office, it appears that on the
31st January, 1838, orders were issued, or
ganizing five coinpanies of light infantry,
under command of captain John J. Fay,
George P. Barker, etc., and commissions
were issued to the officers of the companies.
They were organized into a regiment called

LIFE OF BARKER. 95
the 10th regiment of light infantry, and at
tached to the 8th brigade of artillery. On
the 12th February, 1838, an election was
held for field officers, and Mr. Barker was
elected major. On the 28th of February,
of the same year, general orders were is
sued changing the organization of the regi
ment to artillery, and commissions were is
sued to the field officers of the 37th regi
ment of artillery. On the 14th of August,
1838, he Avas elected lieutenant colonel of
that regiment, and commissioned as such,
September 11th. In June, 1839, he was
elected brigadier general of the 8th brigade
of artillery, in the place of general Nelson
Randall, promoted. At this election, seve
ral officers superior in rank, were competi
tors, yet so great was his popularity, that
he received a large majority of the votes
cast. He made a splendid review officer.
Indeed, his appearance on horseback was
commanding and quite dashy. He continued
to hold the office of brigadier general until
his appointment as attorney general. It is
perhaps proper here to state that Mr. Bar
ker's connection with the military, was at-

96 LIFE OF BARKER
tributable to the Canadian troubles of 1837,
with the history of Avhicli ray readers are
doubtless generally farailiar. The burning
of the Steamer Caroline, and other acts, and
the prospect of trouble with Great Britain,
had created a feeling of distrust as to the
sufficiency of the military force ofthe city
to protect the lives and property of the in
habitants, and hence several new companies
Avere organized as before related.
In the spring of 1840, Mr. Barker Avas
nominated by the democracy of Buffalo for
Mayor. It was the first election by the peo
ple of that officer, and perhaps increased in
terest was felt in consequence. He entered
upon the canvass under raany and great dis
advantages ; — the anti-raasons and whigs had
long maintained a majority in the city rang
ing from three to six hundred, the commer
cial, monied, and raarine interests of the city
have in almost all cases been with them;
and this majority had, since the revulsion in
the credit system been confirmed, and per
haps increased by the accession of raany of
those whose ruin has been its consequence.
The tide of speculation which flowed into

LIFE OP BARKER. 97
the city with such rapidity and fullness,
finally ebbed; and many, eager to lay the
blame of their own folly any where but at
their own door, grasped at the first specious
cause which offered — that happened to be
the democratic administration of the gov
ernment; and upon this they laid the re
sponsibility of their own acts, and made it
the scape-goat for the sins of the people.
Smarting under their losses, and actuated
by the hope of bettering their condition by
a change, this class regarded the adminis
tration as a public enemy, and its support
ers as their personal foes; their political
became their personal feelings ; and the or
dinary virulence and bitterness of political
contests were much enhanced. Added to
this, the opposition put in nomination their
strongest man; one whose residence was
coeval with the first settlement of the coun
try — whose acquaintance and connections
were extensive, and whose wealth and
weight of character added strength to their
already great numerical majority.
It was against such adverse influences
that Mr. Barker, at the call of his demo-
9*

98 LIFE OF BARKER.
cratic friends entered upon the contest.—
It was, without doubt, the most severe
one ever known at our charter elections.
The friends of each candidate exerted them
selves to the utmost. Every influence
which could be used was brought to bear.
Few general elections have ever been so
warmly contested. The eyes of the city
and indeed of western New York were cen
tered upon the issue. He Avas defeated by
ten votes as follows : — Sheldon Thompson,
Esq., 1 135 ; George P. Barker, 1 125. The
array against Mr. Barker was too strong to
be resisted. His private character Avas
aspersed ; his professional integrity impugn
ed, and his very honesty questioned by the
opposition. The vote he received, all things
considered, was a very gratifying one. He
ran at an unfortunate crisis. That train of
events which placed General William H.
Harrison, in the Presidential chair was in
motion. Few men would have run as well
under the circumstances.
As a matter of interest to Buflfalonians I
here insert the vote cast for the several can
didates for the Mayoralty of our city since
1840 :

LIFE OP BARKER. 99
Year. Democratic. Whig.
1842. George W. Clinton, 1486. Isaac R. Harrington, 909
1843. Joseph G. Masten, 1657. Walter Joy, 1197
1844. Oliver G. Steele, 1389. Wm. Ketchum, 1602
1845. Joseph G. Masten, 1837. Hiram Barton, 1538
1846. Isaac Sherman, 1693. Solomon G. Haven, 2029
1847. Isaac Sherman, 2013. E. G. Spaulding, 2192
1848. Israel T. Hatch, 1855. Orlando Allen, 1970
The election in 1841 was not contested
on party grounds, though the democrats
generally supported Mr. Hathaway avIio
was elected in opposition to I. A. Blossom,
Esq. In 1849, the democracy were divided
and ran two candidates : —
Hiram Barton, - whig, 2341,
Elijah Ford, - dem., 1466,
Thompson Blersee, dem., 481.
In the fall of 1840, occurred the exciting
contest between Mr. Van Buren and Gen.
Harrison for the Presidency. Mr. Barker,
it is needless to say, gave to Mr. Van Buren
his hearty support. He addressed meetings
of the democracy with more than his usual
force and beauty, and strove in every way
not incompatible with honor to arrest the
tide which was evidently setting in against
his party. The Syracuse democratic state

100 LIFE OF BARKER.
convention >which nominated Presidential
electors, presented the names of Samuel
Young, and George P. Barker as candidates
for electors at large. Two nobler standard
bearers could hardly have been found in
the democratic galaxy.
The election resulted in the prostration
for a time ofthe democratic party, and the
novel spectacle was presented of a whig
state and national administration. The
brief career of Gen. Harrison as Presi
dent is well known. Scarce a month had
elapsed, ere the citizens of our national
capital who had witnessed the splendid
pageant of the inaugural cavalcade, beheld
with sincere regret all that was mortal of
him conveyed to his long home. Grief,
deep and universal was felt throughout the
Union. Orations, feeling and beautiful
were pronounced in our principal cities and
towns. Funeral obsequies imposing and
solemn testified in a touching manner the
national bereavement. History seldom
presents so striking an instance of the mu
tability of earthly possessions. Called by
a large m.ajority of his countrymen to fill

LIFE OF BARKER. 101
the highest office known to our constitution,
General Harrison was the center around
which a great political party revolved. He
was regarded with fond attachment by thou
sands and high and raany were the expec
tations his election created. His greatest
ambition was satisfied, for he sat in that
chair Avhich had been filled by a Washing
ton, a Jefferson, a Jackson and a Van
Buren. He was truly the " observed of all
observers." Yet in one month after his
assumption of the exalted duties of his sta
tion, he was laid in " dull, cold marble "
amid a nation's tears.
The events Avhich succeeded are matters
of history. John Tyler, brought down
upon his administration the anathemas of
the party that elected him and very essen
tially aided by his general conduct, the re-
establishment in the state and nation of
democratic principles.
Contrary to the general expectation, the
November election in this state, in 1841,
resulted in the complete and unexpected
triumph of the democratic party. Calcu
lating men on both sides may have antici*

102 LIFE OF BARKER.
pated the election of a democratic majority
of the merabers of the assembly, but the
senate being a permanent body, and the
whig majority in 1841 being quite large,
few men before the election entertained the
opinion that there would be a change of
political power in that branch of the legis
lature so early as the year 1842.
Without enumerating the causes Avhich
contributed to this result, it is sufficient for
my purpose to notice briefly the events
which led to the nomination and election of
Mr. Barker as attorney general of the state.
Mr. Hammond, in his '' Life and Times of
Silas Wright," speaking of the assembly
of 1842 says: —
" There Avas an unusual number of men
of talents elected to the assembly at the
annual election in 1841. Frora the city of
New York, O'SuUivan and Townsend, and
Messrs. McClay, Grout, Jones, McMurray,
etc., added much to the strength of the rep
resentation from that city. Horatio Sey
mour, frora Utica ; John A. Dix, late secre
tary of state, now United States Senator
from Albany ; Samuel Stetson, from Clinton

LIFE OF BARKER. 103
county ; that learned and able lawyer, Geo.
A. Simmons, from Essex; John W. Tamhn,
from Jefferson; John A. Lott, from Kings;
Levi S. Chatfield, from Otsego; George R.
Davis, from Rensselaer ; the benevolent
friend of popular education and of man,
Calvin T. Hulburt, from St. Lawrence; the
active and energetic Halsey Rogers and
John Cramer, from Saratoga ; Ziba A. Le-
land, from Steuben ; Charles Humphrey, for
mer speaker, and now clerk of the Supreme
Court, from Tompkins; and Michael Hoff
man and Arphaxad Loomis, from the coun
ty of Herkimer, were all men of distin
guished ability."
Isaac R. Elwood, of Rochester, was elec
ted clerk of the senate, and Levi S. Chat
field, of Otsego, speaker of the assembly.
Mr. Elwood, is a gentleman of high culti
vation, and possesses extensive and varied
literary attainments. Mr. Chatfield is a
man of superior talents and has exhibited
ability in all the stations of responsibility
he has filled.
On the evening of the 4th of February,
1842, the democratic members of the legis-

104 LIFE OP BARKER.
lature met in caucus to make nominations
of state officers. Mr. Flagg was nomina
ted almost by acclamation as comptroller,
receiving 105 votes of the 107 members of
the caucus; but the nomination of the other
state officers was attended Avith more oppo
sition and excited feeling. The principal
competitors against Mr. Barker for the of
fice of attorney general, were Sam'l Beards
ley and Robert H. Morris. Mr. Beards
ley had been the occupant of the office
when the democratic party last retired from
poAver, and his friends urged his nomination
as an act of justice to him in as much as
Mr. Flagg was nominated, Avho had also
been one of the old officers. Besides, he
had the influence of many leading politi
cians at Albany, and in other parts of the
state. His friends were confident of suc
cess and did not treat Mr. Barker as a for
midable candidate. Mr. Morris had pow
erful friends in the caucus Avho strenu
ously urged his nomination, on the ground
of the abuse and obloquy which had been
heaped upon him by Gov. Seward and the
whig party for his participation in laying

LIFE OF BARKER. 105
before the public the Glentworth papers,
Avhicli had produced at that time great in
terest throughout the state. During the
excitement Mr. Morris found a deep feeling
of sympathy in his favor in the democratic
party, Avhich resulted greatly to his benefit
in the legislative caucus. He was support
ed by many men of great weight and influ
ence in the party in various portions of the
state. F. G. Jewett, Amasa J. Parker,
H. L. Hogeboom and John B. Skinner were
candidates who were supported by many
prominent merabers of the party. George
Rathbun Avas also a candidate until the
night of the caucus when he authorized his
friends to withdraw his narae.
It will be perceived that almost each de
mocratic portion of the state had a candi
date for the office which rendered Mr. Bar
ker's nomination quite doubtful in the minds
of his friends, and his opponents considered
it out of the question, but were willing to
own him to be their second choice. He Avas
however supported by many from different
localities of the state, for his eminent quali
fications and boundless popularity. No
10

106 LIFE OF BARKER.
very prominent or influential men of the
party originally advocated his nomination
for they were committed to the candidates
from their localities. Sanford E. Church,
of Orleans county, had been elected to the
legislature, the only democratic member
from the eig^hth district.
Mr. Church Avas a warm personal and po
litical friend of Mr. Barker, and at once en
tered into the contest with great enthusiasm
tempered Avith caution and cool judgment.
He was the youngest member of the legis
lature ; but the fact that he had been elect
ed from a county which Avas politically op
posed to hira, and in the eighth district,
where it was supposed no deraocrat could
ever be elected to the legislature, counter
acted the effect of his youthful appearance.
His strong coramon sense and consuraraate
tact were soon raanifest to thc sagacious
politicians then at Albany, and raaterially
assisted Mr. Barker's election to the office.
When in the caucus it Avas moved to pro
ceed to ballot for attorney general, Mr.
Church rose and offered a resolution that
the representation from each senate district

LIFE OF BARKER. 107
should cast the number of votes of the
members of the legislature frora the district.
This resolution Avas offered notAvith a view
to its passage, but to impress upon the cau
cus the claims of Western New York, and
thereby Mr. Barker. Mr. Church addressed
the caucus on his resolution with marked
ability and earnestness. He depicted the
struggles of the democracy in this portion
of the state for a quarter of a century, with
overwhelming majorities against them, and
unable to have from year to year a single
voice in a democratic legislative caucus, and
deprived of all participation in the election
of officers Avho receive their appointment
from the legislature. He appealed to the
magnanimity of the members of the caucus
to do an act of justice to a meritorious class
of fellow democrats. His appeal met a
magnanimous respond. As soon as he had
closed his remarks Mr. Rathbun went to his
friends and requested them to vote for Mr.
Barker, and raany who were before doubt
ful at once avowed in favor of his support.
It was at once apparent that the tact and
pianagement of Mr. Church had set the

108 LIFE OP BARKER.
current irresistibly in favor of the nomina
tion of Mr. Barker, notAvithstanding the
great and prominent names and influences
that were arrayed against him. No rejoin
der could be made at such a time, by the
friends of the opposing candidates, which
could overcome the popularity of Mr. Bar
ker, and as will be seen below at each bal
loting his strength was increasing until on
the third ballot he received 68 votes being
a majority. When his nomination Avas an
nounced the audience in the galleries
gave long and repeated cheers for raa
ny minutes, which exhibited the deep
feeling which Mr. Barker's name carried
among the masses. The nomination also
was cordially approved by the friends of the
various candidates, and the best feeling was
exhibited on the result in every quarter.
Mr. Church for his agency in the nomina
tion received from Mr. Barker the title of
the Democratic JMember from the eighth dis
trict, by which designation he was known
during the remainder of the session.

LIFE OF BARKER. 109
Ballotings for attorney general in caucus.
1st Ballot. 2d Ballot. 3d Ballot.
George P. Barker, 26 37 68
Samuel Beardsley, 23 18 2
Robert H. Morris, 22 34 35
A. J. Parker, 10 8 1
H. L. Hogeboom, 6 5
F. G. Jewett, 8 4
John B. Skinner, 10 1
The election for state officers was held
on the 7th of February. Azariah C. Flagg,
was elected comptroller; Samuel Young,
secretary of state ; George P. Barker, at
torney general ; (Mr. Barker's vote in the
senate was 17 and in the assembly 79
against Willis Hall, who received ten in the
senate and twenty-six in the assembly.)
Thomas Farrington, at the same time was
elected state treasurer ; Nathaniel Jones,
surveyor general, and Henry Storms, ad
jutant general.
Mr. Barker's appointment was received
with enthusiasm by his numerous friends
throughout the state, and especially welcome
was it to western New York . It was regarded
as a just tribute to his genius and as an
10*

110 LIFE OF BARKER.
acknowledgment of his great exertions in
behalf of democracy.
The folloAving correspondence does honor
to all concerned, and evinces clearly the
high estimation in which Mr. Barker was
held by the bar of Erie county : —
Buffalo, Feb. 10th, 1842.
Dear Sir: — The members of the bar of
this county, in common, as they believe,
with all classes of their fellow citizens, have
heard Avith emotions of pride and pleasure,
that one of their number towards AA'hom
they have entertained high feelings of pro
fessional esteem and private regard, has
been selected to fill the responsible and
honorable office of attorney general of the
state. They ought not to disguise from you,
however, (if indeed disguise were possible
in such a case,) that there is mingled with
gratification at this appointment something
of regret. Regret, that the relations which
have so long, and so happily subsisted be
tween them and yourself, must now be, in a
degree, though slight we trust, less inti
mate ; that the friendship which has known

LIFE OP BARKER. Ill
no political differences and in Avhich official
position can effect no change, should be
separated by distance even; that the en
dearments of social intercourse, and the
pride of professional association, cannot
both continue to unite them to you. Re
gret, public duties should require you to
leave, for a time,Avhat they had hoped would
always, remain their and your home.
We have been appointed a committee to
communicate in behalf of the members of
the bar, these sentiments, and to express,
without distinction of party, their ardent
desires for your success and happiness.
As heretofore, they felt a common inter
est in your just reputation, they will rejoice
as it shall be more eminent, in more extend
ed usefulness, and in a wider sphere. They
wish you, with one accord, personal pros
perity and professional fame.
Should your arrangements permit, the
members of the bar wish to meet you at
the festive board before you leave the city,
and they request that you will partake, with
them, a dinner on such day as your own
convenience may suggest.

112 LIFE OF BARKER.
We are your friends,
H. J. STOW,
HORATIO SEYMOUR, Jr.
S. G. HAVEN,
E. S. WARREN,
GEO. R. BABCOCK, Committee.
To George P. Barker, Attorney General.

Buffalo, February 14th, 1842.
To H. J. Stow, Horatio Seymour, Jr., S.
G. Haven, E. S. Warren and Geo. R. Bab
cock, Esquires :
Gentlemen : — I had the pleasure on the
11th instant, to receive the favor of the
members of the bar of Erie county, through
you as their honored organ, congratulating
me upon my "recent appointment to fill
the responsible and honorable office of
attorney general of this state" and re
questing me to meet them at the festive
board on such day previous to my depar
ture as my own convenience might suggest.
I need not assure you gentlemen, how
deeply and how gratefully I am impressed by
this compliment, so generously designed

LIFE OP BARKER. 113
on the part ofmy brethren ofthe profession,
and go flatteringly communicated by you,
their committee.
I regret that the period to my departure
from this city is so short, interrupted as it
must be by duties incident thereto, that I
am compelled to decline an invitation, the
acceptance of which Avould give me so much
pleasure. The manner in which you have seen fit
to allude to our professional and social in
tercourse, has aAvakened sentiments in me
which I ara Avithout language to express
and must content myself by simply assuring
you, and those you represent, that I appre
ciate all your and their past and present
kindness, and reciprocate all the friendship
so happily expressed ; and I am fully confi
dent that if I in any degree, possess those
social virtues Avhich you have so flatteringly
conceded, it is because I have breathed the
atmosphere which you created — and if I
have made one step in professional ad
vancement, it is because your example has
inspired me, and your partiality cheer
ed me.

114 LIFE OF BARKER.
The strong and I doubt not sincere ex
pressions of kind regard toward me person
ally, contained in your communication,
gives me ample proof that your social feel
ings are of a character too elevated and too
pure to be influenced by any diversity of
political sentiments or professional contro
versy, and fully evince that the members of
the bar of Erie county are indeed legiti
mate members of a liberal profession.
I beg therefore, my brethren of the pro
fession to be assured that I shall carry with
me the highest respect for their talents and
friendship, Avhich will not be changed by
any future vicissitude of fortune ; that my
eyes will always be turned to the members
of the bar of Erie county, as my earliest
and best tried friends.
With best wishes for your collective and
individual happiness,
I have the honor to be
Your friend,
GEO. P. BARKER.

LIFE OP BARKER. 115

CHAPTER VI.

Mr. Barker in common with most of the
democracy of this state regarded the selec
tion of Mr. Van Buren as the candi
date at the presidential election in 1844
as an act of justice due not only to Mr.
Van Buren personally, but also to the
principles of the party he had represented
and which had been temporarily overthrown
by the great \fhig triumph four years be
fore. Brought by his official position and
other circumstances into intimate connection
with men feeling the deepest personal inte
rest in Mr. Van Buren's re-election to the
presidency, it was natural that one of
his ardent temperament should become
strongly excited by events then transpir
ing, which were diminishing, if not certainly
destroying every chance of Mr. Van Buren's
obtaining the nomination of the Baltimore
convention. Chief among those events was

116 LIFE OF BARKER.
the question of the annexation of Texas,
and the position in which Mr. Van Buren
had placed him-self thereto. No doubt the
position was taken under a clear conviction of
duty. His sagacious mind foreshadowed the
dangers of war Avith a neighboring Repub
lic, if the annexation of Texas Avas urged
upon grounds of sectional interest, Avithout
proper regard to the feelings of Mexico,
and in A'iolation of the ordinary rules of
diplomacy. Subsequent events have shown
his apprehensions were well founded; but
Avhether Texas could have been peaceably
annexed under his line of policy is a matter
of conjecture, which each citizen of our
government must decide.
Those, and there were many such, pro
minent in the democratic ranks, who coin
cided fully in the sentiments expressed in
Mr. Van Buren's letter, considered the
pressing of the question into the presiden
tial canvass, as not required by the state of
popular feeling, but as aggressive on the
part of the slave holding states, with an
exclusive design of strengthening sectional
interests at the expense of Mr. Van Buren

LIFE OP BARKER. 117
and at the hazard of the success of the de
mocratic party. It is not strange therefore,
that an act, which although demanded by
national considerations of great magnitude
and Avhich subsequent events proved to
have been indispensable elements of the
great victory achieved by the democracy,
should have been viewed by those whose
cherished hopes, it must disappoint, as an
ungenerous contrivance to prevent Mr.
Van Buren's nomination ; and especially as
it was impossible for them to doubt that his
election would certainly folloAv a nomina
tion, or to credit the sincerity of those Avho
looking more calmly at the popular senti
ment on the subject of the annexation, and
therefore measuring it raore accurately,
declared that it was impossible for the de
mocratic party to succeed with a candidate
not unqualifiedly in favor of the measure.
The irritation incident to so great a dis
appointment could not be expected to sub
side at once into an unqualified acquies
cence in the action of the convention,
however wise the course of events might
show that action to have been, but very
11

118 LIFE OF BARKER.
naturally showed itself in some acts of in
discretion amount • a>";few most warmly
excited against what they deemed soutjiern
domination. The most exceptionable, of
these acts, more perhaps frf)m the form of
doing it than othe]*"wise, was the getting up
and confidentially distributing a letter
known generally as " the secret circular,"
to Avhich Mr. Barker's name was attached.
It is uncertain what degree of responsi
bility should be ascribed to him for this
document. Probably much less than might
be inferred from his high and influential
party position. Indeed there is reason for
supposing that he had little direct agency
in its production, and that his signature to^
it was conceded rather to the wishes of pes^:
sonal friends than to the conviction of his
own judgment. But however this may be,
he was not a man to shrink from a respon-'
sibility which friends had brought him un
der, and therefore we must leave him as he
chose to be left, subject to the imputation
of whatever indiscretion the act may be
thought to involve.
In the view I have taken of this subject I

LIFE OF BARKER. 119
am fully co'nfirmeid by Mr. Bark^'s own
testimony. He "defined his position " in
a speech made in Buffalo, on the evening
of the 7th of Septcrtibcr, 1844. The meet
ing was held for the purpose of responding
to the nomination of Messrs. Wright and
Gardiner, and Avas numerously attended by
the democracy of the city. The daily
Courier, the democratic organ of the city at
that time, speaking of the speech says : —
" The speech of Gen. Barker on that oc
casion deserves more than the passing
notice we have given it, more than the con-
depsed report of the proceedings could
embody. The circumstances under Avhich
it was made gave it a peculiar interest, and
-it is presumed that the same circumstances
must to some extent influence his numerous
friends throughout the country. His views
have been so systematicafly misrepresented
by the federal press, that it was due to them
to be presented by himself to those with
who'm he had so long battled in behalf of
the democratic cause, who had supported
hira through every period of his political
career, who had cheered, encouraged and

120 LIFE OP BARKER.
countenanced his efforts on the side of hu
man rights from his first aAvakening to the
duty of a disciple of Jefferson, and a servant
of humanity, to the last struggle in which
with them he opposed the enemies of popu
lar freedom, that they might see wherein
he had strayed from the republican fold, if
he had done so — that they might shield
him against detraction if he still held his
old place in their full confidence and esteem.
" It is needless to say that this speech,
though rather the friendly converse of an
old acquaintance, than any labored effort to
be brilliant and oratorical, was eloquent and
spirit stirring. There were passages in it
that awoke the fiery enthusiasm of the old
Democracy of Buffalo to a pitch that never
but in the present canvass and under the
circumstances could be paralleled and
there were also passages that almost brought
unbidden tears to the cheeks of veterans in
the democratic ranks that surrounded him.
It was full of feeling and truth, and went to
the hearts of those avIio heard it."
He commenced by alluding to the old re
lations he held to those he addressed, and

LIFE OF BARKER. 121
the pleasure it gave him to meet with and
congratulate them on such an occasion.
He congratulated them and the democracy
of the state and the Union on the expres
sion that had been given of their wishes by
the state convention which nominated Silas
Wright for governor of New York. And
who was Silas Wright? He was one, in
the language of the poet,
" On whom each god did seem to set his seal.
To give the world assurance of a Man. "
He was one whose far seeing sagacity,
whose deep sympathy with whatever was
beautiful and true, and whose disinterested
and devoted love of country had wrested
from admiration, for a garland to his name,
the proud title of " Cato of America."
He was the personification of American
Democracy, of that profound regard for the
rights of the many, as men, which, glowing
in the bosom of the Sage of Monticello,
sparkled forth from his pen and was en
shrined in the foundation of our freedom.
He was one who had just turned his back
upon the highest office this side of heaven,
who had turned his back also, upon the
11*

122 LIFE OP BARKER.
highest judicial station in the country, but
who freely gave himself to the democracy
of the state, feeling the holiness of their
claim upon him. And the democracy of
the state in the spirit of the patriarch who
offered his son for a sacrifice, had nominated
him to shoAV to the Union the devotion they
felt to the common cause in this great crisis
of republicanism, and to assure thera^ that
although they sustained a deep disappoint
ment in the defeat of Mr. Van Buren at the
National Convention, they gave to the
worthy nominee upon whom the preference
had fallen, their whole and cordial support.
They gave to the democracy of their sister
states for an example and encouragement,
the choicest jewel in their possession as an
hostage for her fidelity to the republican
cause, thus assuring the triumph of the
national democratic candidates. No mili
tary laurels lustered the head of this favorite
son of Ncav York, no startling incident in
the history of his country was identified
with his fame, but by the native dignity
of his character, by the faultless purity
of his public life, by his ceaseless devotioq

LIFE OF BARKER. 123
to the common welfare, by the unvarying
fidelity of his attachment to democratic
principles, he stood araong the very first and
noblest of his nation and his age, the pride
of his state and one of the pillars of his
country's glory. Such was the candidate
for the chief office, and such the spirit in
which the nomination had been raade.
He said it was with emotions of peculiar
gratification that he referred to the selection
of Addison Gardiner for Lieut. Governor.
If any thing could add to the satisfaction
the nomination of Mr. Wright had given, it
was abundantly increased by the choice of
Mr. G., a man of the purest character, of
sterling qualities, and a democrat of that
district, the old 8th, where they were born
so, and hated federalism because they
couldn't help it. The sentiment was innate.
In Mr. G„ the democracy of Western New
York hailed a brother and a friend. One
who in that station or any other in which
he raight be placed, would deserve and re
ciprocate their fullest confidence. This
nomination added to the assurance New
York had given to the rest of the Union

124 LIFE OF BARKER.
that her soul was in the great contest,
that her vote should be bestowed on
the Baltimore Democratic Nominees. These
selections settled her vote and settled
the triumph of the country in the eleva
tion of Polk and Dallas to the high offi
ces for which they had been nominated.
Again he congratulated the democracy
present and every where, upon the aus
picious promise secured to the state and
the Union by the nominations of Wright
and Gardiner. He had intended to address
thera upon the great questions which the
issue of this contest involved. He was suf
fering under physical debility, the conse
quence of previous exertion, and felt unable
to do them that justice which their impor
tance demanded. He would embrace a
future opportunity to do so, and before the
election would terminate, would tread his
old battle ground of Erie county over again
as a soldier of the war. But there was one
question on which it became him to make
a few remarks to them, his old personal and
political friends. He would open his whole
heart to them and talk with an unreserved

LIFE OP BARKER. 125
confidence, as though he were conversing
with each by his own family fireside. The
question he alluded to, it would be readily
surmised was the annexation of Texas.
The whig press had systematically and
grossly misrepresented his views upon that
subject and one or two democratic journals
had seemingly given some credit to their
erroneous intimations. He felt the flame
of democracy burn as brightly and purely
in his bosom as it had ever done, and his
explanation of his sentiments would show
that if he had erred, it was from too much
and not too little of the democratic infu
sion — because he was in advance and not
behind his party. If he ever fell, he would
assure them that it Avould be at the head and
not in the rear of their column. He was at
peace with himself, and if he was not also
at peace with his friends the fault was in
his too much zeal, but he hoped better of it.
The annexation of Texas he regarded as
a great national, a great American question.
It could not, from its very nature, be a party
question, because it involved none of those
principles which were in issue between the

126 LIFE OP BARKER.
parties. If the question was merely of the
extension of democratic principles it would
have a different form. He regarded slavery
quite in other, than the light of a blessing.
That institution, as it existed, he Avould suf
fer to remain as it is under the guard of the
constitution, until it be removed by the ac
tion of the states in which it exists. He
should dislike the extension of slavery over
the whole of a new and vast country. He
A\dshed also that the public debt of Texas
should be ascertained before the union Avith
this country should be effected. He could
not corarait hiraself with a blind and reck
less disregard of what was just and right, to
any terms of annexation that raight possi
bly be offered. He thought the resolution
of the Baltimore convention might have ex
pressed raore clearly the intention of its
framers to sanction nothing but what was
proper and just. It was liable to raisrepre-
sentation, and had been so raisrepresentcd
by our opponents. He should have liked it
better, had it been more definite as to terms,
expressing justice and honor instead of leav
ing thera to be understood as conditions of
tho act of union.

LIFE OP BARKER. 127
The relations between Mexico and Texas
he did not regard as insuperable obstacles.
The title of the former was to be deter
mined by her abihty to enforce it, and if
upon a precept to show cause she did not
in a reasonable time plead recovery and
possession, she A\as justly barred from the
right to reclaim. There Avas a law of limi
tations in the code of coraraon sense as Avell
as in the statute books of the civil tribu
nals. The circumstances of the case were
such that he should almost be willing to give
her the length of an usual notice to quit
and let that be the end of it.
He believed and felt assured that the in
stitutions of this country might be safely
extended over the entire continent, and he
did not doubt, but they would be. The
flight of the American Eagle raight be from
pole to pole, and from sea to sea, and the
stars and stripes be the banner of the whole
broad dominion. They would be at some
future period, and he thanked God they
were abundantly able to protect it. Oregon
was ours, ours by discovery, by purchase
and by conquest, and he was for taking pos-

128 LIFE OF BARKER.
session of it and making short work with
the pretensions of England. He would al
most rather fight England without cause
than any other nation with, but there would
be cause enough if she persisted in her
claim to Oregon. It was ours and we would
have it, because it was ours, even if we had
no present use for it. The soil that is con
secrated by the rights of liberty must never
be yielded to despots. It Avas bought by
the blood of our fathers, and the blood of
those father's children should preserve it if
needs be.
Texas must belong to the Union and be
a part of it. Nature made it so, and man
must confirm it. Its annexation was inev
itable and neither could, nor ought to be
prevented. The only question that could
arise was upon the conditions of her com
ing. It was desirable to have those condi
tions suitable and proper, based upon equit
able terms, and adjusted in a wise and libe
ral spirit. The adjustment of those condi
tions he was content to leave with the de
mocratic party, for he was satisfied that they
would be just and reasonable, and such as

LIFE OP BARKER. 129
would satisfy the country and do no preju
dice to the national honor. It Avould be
seen that he could not withhold his support
from the democratic candidates, even if he
differed with the federalists on no other sub
ject than this. Their whole past course
had been such as to show that they could
not be trusted Avith the rights or the honor of
the country. In the last war they were on
the side of England, their whole policy was
a British one, and even so late as within the
last three or four years they had bowed the
Eagle's head in the dust in obedience to
that power, and even bartered away for a
song the sacred soil of the republic. How
then could the settlement of this great ques
tion be trusted with that party? It could
not, and it was the duty of every one who
wished it to be settled in a proper and
equitable manner, to place the power in the
hands of those whose past conduct was a
guarantee that it would be wisely and right
eously used.
It was seen that he Avas not opposed to
the annexation of Texas, that he was on
the contrary decidedly in favor of it, and
12

130 LIFE OP BARKER.
that in fact the only difference between him
and the democratic party at large, was that
he had expressed his opinion as to some of
the conditions that should govern it, instead
of being silent and leaving them to be
broached when thc time for the execution
of the project came up. He had offended
only in this, if he offended at all, which he
could not believe. He left to his friends to
say whether they approved of or condemned
his views, but he could not consent to be
judged by his enemies, and hoped only they
would continue to abuse him, for praise from
a federal tongue was the bitterest malignity
of detraction.
Much had been said about a certain cir
cular, a sort of bugbear with which the
whigs had sought to frighten democrats
from their propriety of demeanor, and this
use of it had probably made it to be regard
ed as infinitely more terrible than it really
was. It was never intended as thc basis of
a secret measure but only as the origin of
a public one, if the leading democrats of the
state thought there existed sufficient cause
for it. It was prepared and sent at a time

LIFE OP BARKER. 131
when it was apprehended that there might
be many honest people in the state who
from a misapprehension of the views ofthe
national convention in regard to Texas,
might feel disposed to abandon the demo
cratic platform and vote for Mr. Clay. The
object of the circular was to ascertain if
there Avere many such, and if there were,
consequently a necessity of some public step
to induce them to support the democratic
nominees, Polk and DaHas, by shoAving them
that that course Avas the only consistent or
prudent one, as it certainly Avould have been.
The Avhole compass of its meaning was
to serve and not to injure, to unite and not
to divide the democratic party. It was sent
as confidential to avoid false alarm, the object
being simply to inquire. If the result should
show that there were doubts to remove and
difficulties to heal, then a public step Avas to
be taken to perform that office. But if, as
proved to be the case, there was no danger
to apprehend, then of course there Avas no
thing to be done, and the inquiry would rest
in the oblivi^ to Avhich it belonged. That
was the whole length and breadth ofthe cele-

132 LIFE OP BARKER.
brated secret circular. There was no gall
in its chemistry until it was infused by its
foes. It originated in the best intentions :
from an over anxious, perhaps, but not un
kindly meant solicitude for the harmony and
efficiency of the democratic force. The
event showed that it was not needed, per
haps that it was unwise, but it was born in
good thoughts and ought not to be kept
alive by bad motives. Let it sleep, in its
folly if people will, but also in its innocence.
It was said by the federal press that he
ought to support Mr. Clay. He support
Mr. Clay! The thought was a libel, the
suggestion a falsehood. Mr. Clay was not
opposed to the annexation of Texas, he had
said he would be glad to see it, and if be
(Mr. B.) Avas as hostile to it as he was the
reverse, he could not with any propriety
support him, even throwing out of the ques
tion all the great and important issues —
issues upon which he believed the destiny
not only of a small territory, a few thousand
inhabitants, but of this great country with
its myriad people, depend for weal or woe
— ^which were to be determined by this

LIFE OP BARKER. 133
election. There was but one democratic
course, there was but one patriotic course,
and there Avas but one prudent course, and
there was but one honest course, and that
course had been his from the first. He
had not wavered the length of a line,
or a hair's breadth from it; and he
should carry it out, as every friend of his
country, of humanity, of all, in one Avord, and
that word democracy, he hoped Avould do,
and that vvas, by supporting the democratic
nominees of nation and state, with his best
ability and zeal, and putting up prayers in
addition, if he thought them necessary, for
the success of Polk, Dallas, Wright and
Gardiner. The election resulted in the triumph ofthe
democracy in the state and nation. The
Empire State had been the battle ground
of the Union. Here the orators of each
party had made formidable demonstrations
in favor of their respective candidates. But
Silas Wright's name was a " tower of
strength ; " under it, the legions of demo
cracy were invincible. The principles of
the democratic party were once more plac-^
12*

134 LIFE OF BARKER.
ed in the ascendant. I do not purpose to
allude to the administration of Mr. Polk ;
— to its many important events ; — nor to
the divisions in the democratic party in this
state, which became more manifest after his
elevation to thc presidency, in other than
general terms. Without dilating upon the
events which produced these divisions, it is
proper however, that I should state that Mr.
Barker from the first, sided warmly with
the radical, or barn burning portion of the
party. On every occasion which was pre
sented he took decided and high grounds
in favor of the principles of the Wilmot
Proviso, and the distinctive principles ofhis
section of thc party. His labors in favor
of radical democracy justly entitle him
to the honor of being classed with the la
mented Wright and HoFPMAr;r. Like them,
alas ! he Avas struck down by death in the
meridian of life, and in the prime of his
intellect.

LIFE OF BARKER. 135

CHAPTER VII.

Before alluding to Mr. Barker's career
as attorney general, I shall briefly notice
the difficulties which became more palpable
in the democratic party in this state, during
the period he held the office. I cannot
make myself better understood on this
point than by quoting from Mr. Hammond's
valuable political history. Speaking of the
legislature of 1843, he says:
" No material alterations Avere made in
the New York legislature, as respects the
committees of the two houses, except those
caused by the election of new members, in
lieu of those of last year. Mr. Hoffman
not having been a candidate, and of course
not having been re-elected, Mr. Allen, of
Oswego, was appointed to supply his place
as chairman of the committee of ways and
means in the assembly.
" The state officers — consisting of Sam-

136 LIFE OF BARKER.
UEL Young, secretary of state; A. C.
Flagg, comptroller; George P. Barker,
attorney general; Thomas Farrington,
treasurer; and Mr. Jones, the surveyor
general — were all of them radical in their
political views, and warmly in favor of the
financial act of 1842. Besides, as we have
before remarked, if not opposed to the
nomination of Mr. Bouck they at least ac
quiesced in it with coldness and some reluc
tance. From their standing and talents
they possessed great influence in the legis
lature, and over the minds ofthe masses of
the democratic party."
*4t .&£. ^ M, M,
•TV" "TT TV ^r W
"With men of such talents, weight of
character, and political influence, compri
sing in theory a part of the state adminis
tration, who looked upon him with cold
ness, the situation of Mr. Bouck may well
be considered as having been anything but
that of ease and quiet.
"The state officers, as we are assured by
a gentleman intimate with them all, doubted
whether the governor really and cordially
approved of Mr. Hoffman's act of 1842 ;

LIFE OF BARKER. 137
and his message on that subject Avas not
satisfactory to them, nor, as our correspon
dent says, to those 'who, in 1840, '41 and
'42, had occupied the front of the battle
against the continuation of expenditures for
the extension of internal improvements,
but,' he adds, 'they remained inactive.'
"By some means it came to be under
stood at the very commencement of Mr.
Bouck's administration, that a portion of
the democratic party were opposed to him.
This portion Avas understood as acting
under the advisement of the state officers.
Whether such was the fact, we do not
know ; but Ave do know it Avas so reported,
and we have reason to believe that Gov.
Bouck gave some credit to the rumor. No
doubt some of the applicants for office
encouraged this notion, and were careful to
represent themselves as friends to thc gov
ernor, par excellence. If this disaffection
Avas at first ideal, it soon became real, and
began to be recognized. The governor,
however, attempted to conciliate ; and with
that view generally made his appointments
from candidates recommended by county

138 LIFE OF BARKER.
conventions, or by members of the legisla
ture from the respective counties where the
applicants resided. By adopting this
course, he appointed nearly or perhaps quite
as many of those who Avere called his
opponents, as of those who were knoAvn to
be his friends. In this way the governor
surrendered to irresponsible county conven
tions and to the members ofthe legislature,
that patronage Avith which the constitution
had invested him. He nevertheless Avas
held responsible by his friends for appoint
ing those they cafled his enemies.
"We have never known this temporizing
policy pursued with success. We like
much belter the course which our corres
pondent says Mr. Flagg pursued in the
canal board. Thc gOA'ernor should either
in all his conversations and intercourse
have repudiated the insinuations that the
state officers and their friends were opposed
to him, and waged AA-^ar against the men
who persisted in asserting that such Avas
the fact; or he should have declared war
agaiiist the state officers, and Avielded his
patronage accordingly. With such veteran

LIFE OF BARK&R. 13d
political partizans he should have seen no
middle course could be taken. We hope
our readers will bear in mind that we now
speak oi party policy only.
"But the controversy which grew out of
the appointment of a state printer as the
successor of Mr. Weed, whom it was deter^
mined to remove, (solely for party reasons,)
produced the sharpest collisions, and prob
ably had more effect in creating and perpet
uating the difference between the two
sections of the democratic party, and
attracted more the attention of the legisla
ture and of the public, than any other oc
currence during the year 1843."
After, at con.siderable length stating the
history of the controversy and of the action
of the legislature with reference to the
public printing, Mr. Hammond goes on to
say: "On the 21st of January, a caucus of the
democratic members of the two houses Avas
held for the nomination of state printer.
But before giving the result of this meeting
it may be proper to state that Mr. Van
Dyck had withdrawn his name as a candi-

140 LIFE OP BARKER.
date for the office, and there was not in
Reality any candidate against Mr. Croswell.
Those of the caucus who Avould not vot6
for Mr. Croswellj voted, Avithout any hope
of success, and we presume without any
serious effort on his part, for William C.
Bryant, of the Evening Post. There were
108 members present, of whom 66 voted for
Mr. Croswefl, 40 for Mr. Bryant, and there
were two scattering votes cast.
"The next day the election was made by
the two houses, in pursuance of the nomi
nation. On the same day Ebenezer Mack,
of Ithaca, formerly a senator, and author of
the biography of General Lafayette, was
chosen printer to the senate, and Messrs.
Carrol & Cook for the assembly."
Mr. H. then alludes to the establishment
of the Albany Atlas, in 1841, by Messrs.
Vance & Wendell; to its transfer in 1843
to Messrs. French & Cassidy; to the
course it pursued while Mr. Van Dyck Avas
contending with Mr. Croswell for the state
printing; to the fact that on the 7th of
February, 1843, Silas Wright Avas re-elected
senator of the United States for six years

LIFE OP BARKER. 141
from the 4th day of March, 1843. At the
caucus held on tho evening before the day
on which Mr. Wright was chosen, upon
balloting for a candidate, his name was
found written on every ballot. He had in
fact outlived not only opposition but com
petition. "The feuds that prevailed at Albany, and
among the democratic merabers of the
legislature, did not to any extent affect the
people in the country counties. They were,
it is true, felt in the county of Oneida; but
there thc hunkers seem at that time to have
held a majority over both whigs and radi
cals. However, Mr. Horatio Seymour,
Avho was very popular, was a candidate for
the assembly from the city of Utica, and
undoubtedly added great strength to the
ticket; besides, we believe both parties at
that time in Oneida county held themselves
bound by regular nominations.
" That the divisions in Albany did not
affect the election in the state, is proved by
the general result. Nearly three to one of
thc members returned to the assembly Avere
democrats ; and in eight senatorial districts.
13

142 LIFE OF BARKER-
the democratic pa.rty succeeded in all
except the eighth. The senate after this
election contained twenty-six democrats
and only six whigs.
Of a transaction which occurred in
1844, and which doubtless contributed
considerably to widen the breach which
then prevailed in the party in this state,
Mr. Hammond thus speaks:
" Formerly the librarian of the state
library was appointed by the governor,
lieutenant governor and state officers. In
the year 1842, Mr. William Cassidy, a
young man who had raany friends in Alba
ny, as well on account of his own character
as on that of his father, who, though httle
known out of Albany, with all the ardent,
native benevolence of an Irishman, literally
fed the hungry and clothed the naked, was
appointed librarian by the votes of the state
officers — Messrs. Young, Flagg and Bar
ker — against the votes of Governor Sew
ard and lieutenant governor Bradish.
He continued to hold the office till June,
1844. But in the winter of that year an act
was passed constituting the regents of the

LIFE OP BARKER. 143
university trustees of the state library, and
transferring to them the power of appoint
ing the librarian. It has been suggested
by the friends of Mr. Cassidy, that one
cause of passing this act was to procure his
removal from the office. However this
may be, on the first day of June, at a meet
ing of the regents, Mr. Cassidy was re-
maved. We ought to have mentioned, that
he had for some time before been one of
the editors of the Albany Atlas ; and it was
urged, on a motion for his removal, that his
time and attention were so much engaged
in the management of that paper, that he
did not, and could not, devote the necessary
time to the proper performance of his du
ties as a librarian, but no specific charge of
official negligence vras made against him.
The board of regents proper were equally
divided on the question of removal. The
ex-ojjicio regents then present were, the
secretary of state, Col. Young, and Gov.
Bouck and lieutenant governor Dickinson.
Mr. Young voted against the removal, and
Mr. Dickinson for it. This cast the re
sponsibility on governor Bouck of giving a

144 LIFE OF BARKER.
casting vote, and he gave that vote for the
removal of Cassidy. The course of thc
governor on this question increased the
hostility and irritation against him."
It would be inconsistent Avith my limits
for me to go at length into a narration of
the dissensions in the democratic party in
this state. Yet, it seemed necessary to
give something, by which an accurate
opinion could be formed of Mr. Barker's
connection Avith them. In a previous chap
ter I have given at some length, his opin
ions with reference to the "secret circular"
and have also noticed some of the causes
of its promulgation. I believe Mr. Barker
was conscientiously opposed to the exten
sion of slavery over territories noAv free.
He regarded its influence upon the great
elements of national prosperity as deleteri
ous. He believed it Avas opposed to the
genius ofour institutions, and looked upon
it as calculated to thwart all thc efforts of
the fathers of the Republic to establish and
perpetuate the blessings of free institu
tions. He Avas a sincere believer in the
doctrine of free soil for free men. He

LIFE OP BARKER. 145
thought Avith some of our wisest and best
men, that free and slave labor could not
flourish on the same soil. In 1847, he
believed "the time had come" when oppo
sition to .slavery extension should bo incor
porated into the democratic platform. He
felt, thereiore, constrained to act zeal
ously with the radxal democracy in carry
ing out their principles. His conduct Avas,
as might have been expected, rigidly scru
tinized. He was bitterly dencunced by
some, and charged with deserting the parly.
To those acquainted Avith his history, this
charge Avas regarded as frivolous, if not
ridiculous. They recollected, that, Avhen
years ago, anti-masonry swept over the
Avestern portion of the state, he was fear-
les.^ly battling for democratic mc:isures and
men; that from his youth he had adhered
t-o the party in the darkest hours; they
remembered how he threw himself into the
breach in 1840, against the excitement of
"Tippecanoe and 'l"}ler too" — they could
not forget his enthusiastic support of the
ticket in 184-1, notwithstanding Mr. Van
Buren's treatment at the Baltimore con-
13*

146 LIFE OF BARKER,
vention ; they could not forget how gener
ously he had devoted his time and talents
in aid of the democracy through a series of
years. His course, therefore, caused most
of his political friends to cling still closer
to him. He identified himself with the
section of the party which sustained, as he
believed, the principles of true democracy.
In behalf of those principles he battled with
all the energy and eloquence with which he
was endowed. Among the pioneers in thc
noble stand made by the friends of free soil
against the slavery extension principle, his
name must ever stand prominent. With
that fearlessness and frankness so natural
to him, he embarked in the struggle be
tween antagonistic interests, and upon the
issue staked his political prospects. I have
often heard him speak in prophetic lan
guage with reference to the free soil move
ment; he predicted the day was not far
distant when it would meet the cordial ap
proval of the entire democratic party.
Though firm and decided in his course, he
was still courteous and kind to those who
entertained different opinions.

LIFE OF BARKER. 147
I cannot better conclude this connection,
than by noticing the Syracuse convention
of 1844, which nominated Silas Wright for
governor, and thereby secured the ascen
dancy of the democratic party in the state
and nation.
Mr. Hammond alluding to it says: "Tho
convention was held on the 14th of Sep
tember, and the various counties in the
state were fully represented in it.
" Mr. Heman j. Redfield, of Genesee, a
hunker, Avas, it is said, at the request of
Mr. Wright, unanimously elected President,
and Judge Denio, of Oneida, and general
Sawyer, of Schoharie, with six others, were
chosen vice presidents. Governor Bouck
had instructed a judicious friend, who was
a delegate, to withdraw his name from com
petition if he should think proper; and as
it Avas soon ascertained that a large major
ity of the delegates were for nominating
Mr. Wright, thc personal friends of that
gentleman urged that the name of governor
Bouck should be withdrawn, they having,
as was supposed, reason to believe that Mr.
Wright would be dissatisfied if his name

148 LIFE OP BARKER.
should be used in oppc^ition to 'anyrepub-
licuti.' But the delegate to Avhom governor
Bouck had given this discretionary author
ity, upon consulting with thc other friends
of Mr. B., was advised against AvitiidraAving
his name. Tho convention therefore pro
ceeded to a ballot, v.'hich icsulted in 95
voles for Wright and 30 for Bouck; Avhere-
upon Mr. Seymour, one ofthe most distin
guished and zealous friends of the re-nomi
nation of governor Bouck, moved that the
nomination of Mr. Wright should be de
clared unanimous, and the resolution Avas
adopted AvithoUt a dissenting voice. Addi-
sox Gardiner, late circuit judge of thc
eighth circuit, Avas unanimously nominated
for lieutennnt governor." * * * '-By
the resolutions adopted by the convention
they denounced a high tariff, a national
bank, the distribution ofthe proceeds ofthe
public lands, &;c., and they approved the
resolutions adopted by the Baltimore con
vention. They do not allude to the annex-
tion of Texas, other than by expressing
their approbation of the principles put forth
by the Baltimore convention. They prob-

Life op barker. 140
ably designedly avoided any express allu
sion to that '¦great American measure,^ be
cause, araong other reasons, their candidate
for governor had voted against thc Texas
treaty in the senate, and sinco his return
from Washington, and since the Baltimore
convention, had declared in a speech deliv
ered at Watertown to a mass meeting, that
he Avas opposed to annexation."
In order to explain Mr. Barker's position
on what I regard as important subjects, I
have somewhat deviated from my regular
narrative. I shall now briefly al'ude to his
professional career as attorney general.
Shortly after his election in February, 1842,
he took up his residence in Albany, and
entered upon the discharge of the respon
sible and delicate duties of his office. His
immediate predecessors, Samuel Beards
ley and Willis Hall, Avere raen of great
legal ability and were pecu'.iarly well qua
lified for their station. They dis
charged their duties in a very satisfactory
manner. All that seems strictly necessary for me
to notice in this connection, is the manner

150 LIFE OP BARKER.
in which Mr. Barker discharged the ardu
ous duties pertaining to his station. I infer
the peculiar character of the duties of the
attorney general are well understood. It
is conceded that he exhibited in a pre-emi
nent degree those qualities for which he
was noted. His intellect, as I have before
remarked, shone best before a jury. In
many important trials, he acquitted himself
with distinguished credit, and some of his
forensic efforts during his attorney general
ship are acknowledged to have been among
the noblest emanations from the American
bar. He was necessarily brought into com
petition with men of the highest legal at
tainments, but on all occasions he sustained
himself with honor. His intellect seemed
to brighten by the contests and each en
counter added to his fame. In the city of
NeAv York, particularly — a city noted for
great professional ability, and numbering in
its bar gentlemen celebrated for their soul-
stirring eloquence, his commanding talents
elicited from the press of both the great
political parties, the warmest encomiums.
Indeed, the press throughout the state

LIFE OF BARKER. 151
without distinction of party bore testimony
to his( success. His pohshed and kind
manner rendered him popular among all
with whom his official duties brought him
in contact, and it is universally admitted
that he honorably sustained himself through
out his entire term.
In February, 1845, the period for the
election of state officers having arrived,
Mr. Barker was offered a re-appointment,
but he declined, and John Van Buren, Esq.,
a gentleman of distinguished attainments,
was elected his successor.
During the three years Mr. Barker re
sided in the capital, he gained the esteem
of all classes, and his memory is warmly
cherished by the Albanians. After his re
tirement from the office of attorney general,
he returned to Buffalo, and resumed the
practice of the law.
Since Avriting Mr. Barker's legislative
history, my attention has been called to a
letter (which I subjoin,) written by the
highly esteemed President of Union College.
It was addressed to Mr. Barker, and con
tains the most salutary ad^ ice expressed in

152 life OP barker.
the most felicitous style. Additional in
terest will be attached to it, when I state
tliat Dr. Nott has always entertained the
warmest feehngs of friendship towards him,
and when he left Union college confidently
predicted his future eminence. Umo.n Cui.legr, Jan. 20, 1836.
Deak Sir: — Since I did not find you in the other day when j
called, the interest I feel in your success as a public man, will
be my apology for troubling you with a few observations, the
observance of which may be of some use.
Do not speak often, and only on important occasions. When
you do speak be brief, pertinent and stop when you have finished.
Speak rather in the furtherance of your own objects than in de
feating those of others. Endeavor to allay the prejudices which
naturally exist between the city and the country. Be cojrteous
e \ all occasions, especially in debate and to your immediate an
tagonists. Never indulge in personalities. Never lose your
temper, nor make an enemy if you can avoid it. Conquests may
be made by conciliation and persuasion as certainly as by ridicule
and .Jarcasm, but in the one case the chains are silken and sit
easy — in the other, iron and gall the wearer. Though you point
your arrows never poison them; and if the club of Hercules must
be raised, let it be the naked club, not entwined with serpents.
These are hints merely, but a word to the wise is sufficient.
And with legislators or others, a man needs to live one life to
know how to live another, and since this cannot be done liter
ally, we can only do it in cflect, by availing ourselves of the ex
perience of others.
Wishing you every success, I am, in haste, very sincerely
yours. ELIPHALET NOTT.

CIFB OF BARKER. 153

CHAPTER VIII.

Mr. Barker was again appointed district
attorney of Erie county in October, 1845,
but his health was so impaired as to occa
sion interruptions in the discharge of the
duties of the office.
He was for the last time brought before
the people for an elective office in the spring
of 1846. He was nominated by the democ
racy of the county as one of the candidates
for election to the convention which was
called to revise the constitution of this state
in June of that year. The election was
held in April, and although it was not per
haps contested on strict party grounds, the
electors nevertheless generally voted in ac
cordance with their political preferences.
Mr. Barker ran ahead of his ticket as will
be seen by the following : H. J. Stow, whig,
3308 5 A. Bull, do., 3265 ; Aaron Sahsbury,
do.,3299 5 AmosWright,do.,3210; George
14

154 LIFE OF BARKER.
P. Barker, democrat, 2891; H. H. Barney,
do., 2841; SilasTaber, do., 3572; Jonathan
H. Ford, do., 2509. His vote, though a mi
nority one, was still creditable when all the
attendant circumstances arc considered.
A friend ofthe deceased, a gentleman fa
vorably known as a writer, furnishes the sub
joined, which illustrates forcibly one of his
charactevistics : —
"It is easy to perceive that thc public
character of a man so conspicuous as was
Mr. Barker raust have been well knoAvn and
appreciated. So fnink and unguarded Avas
his deportraent that the characteristics of
his private life were almost as generally
known as his public career. As he was en
tirely destitute of all pretence, he Avas never
guilty of inconsistency. Many of his acts
might be enumerated, which he little thought
Avould ever become subjects of printed no
tice, and which however trivial they may be
deemed by superficial thinkers, prove the
essential benevolence and generosity of his
character. It is said of a certain laAvyer that
having taken a very sma'l fee, he was ac
cused by his brethren of having disgraced

LIFE OP BARKER. 155
theii- profession. He replied that he had
taken little because he could not get more,
and that, little as it might seem, it was the
whole Avoildly estate of his client. " 'i'liis"
he submitted "could not be called disgrac
ing thc profession." In such things, Mr.
Barker might be termed a disgrace to his
profession, but an honor to mankind. He
Avas singularly disinterested in many of his
most strenuous exertions ; and if the walls
of thc prison could tell the annals of their
various inmates, he would be knoAvn as one
Avho, \vithout fee or reward or the hope of
any, would often devote his professional and
oratorical ability to the utmost in aiding the
wretched. Nor Avas he deficient in firmness
when acting in behalf of thc public.
The Avriter Avili always remeiubcr tho
words of a colored man, whom Mr. Barker
assisted, but who underwent the extreme
pcniilty of the law. " Mr. Barker " said he,
" gives rae his heart — he gives me himself.
I have nothing to pay him Avith, but if I
were thc riche.-.t man in thc country, he
could not be more attentive to mc, or e.vert
hiii.self more in my behalf." Such deeds

156 LIFE OP BARKER.
as these form his epitaph, and when the
recording angel shall contradict the words
on many an ostentatious tomb-stone, these
so slightly known shall duly appear, as
laAvyers say to have been " placed on
record." The last words I heard him utter, Avere,
AA'hen passing hurriedly through the hall,
being busily occupied in the discharge of
his laborious duties as district attorney, a
poor Avoman stopped him and pleaded pov
erty as a reason Avhy the county should
not press a certain claim against her.
Many men would have given a hasty or pe
tulant answer. But he stopped patiently,
and in the mild and kind tones of thc voice
we so well remember, giving each AVord its
deliberate emphasis assured her that " if
she was so poor as she said she was, he
would see that the county should deal le
niently with her."
How many to whom this notice may ap
pear too trivial for publication, Avill read it
and cooly say or think, ' Well, that Avas
just Barker's way;" wliilst he Avho accu
rately observes and reflects upon the nature

LIFE OF BARKER. 157
of mankind will be reminded in Avords simi
lar to those of Voltaire, that " these may
be little matters, but they portray the cha
racter." It noAV seems appropriate, that I should
advert to Mr. Barker's health, which about
this time began sensibly to fail. Frora 1833,
(as I am informed by Dr. Charles Winne,
who was for several years his attending
physician,) he was subject to frequent
attacks of cholic. His natural buoyancy of
disposition and zeal in the professional en
gagements which a large private business
and official duties pressed upon him, caused
him to disregard generally the injurious ef
fects of great mental and bodily exertion in
a depressed state of health. During the
winter, spring and summer of 1846 all the
symptoms of disease seemed to be aggravat
ed and his health was evidently much im
paired. Although he made extraordinary
and injurious efforts to attend to his profes
sional duties, he was subject to repeated
interruptions from the failure of his bodily
strength. On the' 19th of September, 1846,
while in court, he Avas seized with a convuU
14*

158 LIFE OP BARKER.
sivc fit of near half an hour's duration, fol-
loAved by heavy sleep. He was at the time
removed from the court room into the jury
room in the same building, and the neces
sary medical aid was rendered. In some
two hours from the time of the seizure he
was so far recovered as to be able to be re
moved to the Mansion House, where he
boarded Avith his family. His recovery
from the effects of this shock was slow, but
it promised to be perfect. His mental
faculties Avere not perceptibly impaired in
their clearness, but there seemed ever after
in his best state of health to be a depres
sion that depreciated their force and effec
tiveness. This Avas more obvious after a
recurrence of a similar attack, on the 20th
of March, 1847. This followed a protract
ed labor in court of four weeks duration, in
which many exciting causes were tried, and
his convalescence Avas consequently very
slow. He continued quite feeble up to the
time of leaving Buffalo on a journey. He
Avas also subject to great depression of spi
rits, and his mental faculties though still
clear partook in a measure of the feeble-

LIFE OP BARKER. 159
ness of his body. In thc early p:irt of June,
1847, increased debility and a threatened
renewal of spasms, induced him at the soli
citation of his friends to withdraAV from
business and its cares, and seek for renewed
health in traveling. He accordingly pro
ceeded to Litchfield and Norwich, Connec
ticut, where he spent some time among Mrs.
Barker's relatives ; he proceeded thence
to Rindge, and visited his mother, and frora
thence to Halifax, where he spent much
time at the fishing banks. During this
tirae his health very much improved.
He Avas subject to no sickness, except a
brief period of pain frora the accident of
dislocating his shoulder Avhile on a fishing
excursion. His wonted cheerfulness re
turned, and with it the hope that he
could again pursue the profession he loved.
Ho returned to Buffalo in August, and re
ceived the hearty congratulations of his
friends on his restored health and improved
appearance. He at once resumed the du
ties ofhis profession and of prosecuting at
torney, (of which latter duties he had been
kindly relieved by volunteering friends,)

160 LIFE OF BARKER.
but it was soon perceptible that a few weeks
exertion had destroyed all that he had gain
ed during his absence.
One of the last forensic efforts of Mr.
Barker, was during the trial of a young
midshipraan named William W. Pollock,
for attempting the life of Mr. Elam R.
Jewett, one of the publishers of the Buffalo
Commercial Advertiser. The cause was
tried in Buffalo, at the September term of
the Circuit Court, before Hon. R. P. Mar
vin. It naturally excited deep interest
throughout the city and the court room
was thronged during its continuance. In
the Buffalo Republic, I find the following
sketch : —
"After considerable difficulty attendant
upon getting a jury, one at last was obtain
ed. When they were sworn, district at
torney Barker in a style peculiar to himself
and with his accustomed eloquence opened
the case to the jury.
He said the case Avas one of much inte
rest and importance. This description
of offense Avas one ofthe worst against
the peace and security of society. The

LIFE OP BARKER. 161
prisoner at the bar, Avas charged with at
tempting the hfe of Mr. E. H. Jewett, one
of the publishers of thc Commercial Adver
tiser. The prisoner had occupied a respon
sible station in community. He had no
personal feeling to gratify, or malice
against the prisoner, but was actuated
only by a desire to discharge to the best of
his ability and with fearlessness, his duty as
prosecuting attorney. Hon. Millard Fill
more, made an eloquent address in behalf of
the prisoner, after which Mr. Barker
folloAved for the people. He did not
doubt that Mr. Fillmore felt as he ought
(for he was the counsel ofthe prisoner)
the importance ofthe verdict ofthe jury to
him. He had feelings of sympathy with
his fellow citizens. His was an unpleasant
duty to discharge ; but believing as he did,
that there had not occurred in the county
of Erie, a case, the effect of an acquital in
which, would he fraught Avith more serious
consequences to the well being of society
he should discharge his duty fearlessly and
fully. What gentlemen of the jury, arc the
facts of this case ? Avhy, this Wm. W. Pol-

162 LIFE OF BARKER.
lock, the prisoner at the bar, has resided
a year or more, in our city ; from some
feelings of resentment ;it the pubhcation of
an article reflecting as he thought, too
harshly on his character, came into the
counting room of Mr. .Jewett, and after ask
ing hira a kw questions regarding the res
ponsibility of the article in question, fired a
pistol at hira which he dre^v frora beneath
his cloak and but for the providential inter
ference of a pocket book and its contents,
Aviiich stood between hiin and his intended
victim, Avould have taken his life. This,
was performed in broad day light. It was
a deed that Avould have been more appro
priate if committed at t!ie South, Avhcre
such offenses are winked at by juries ; but
it wanted the southern chivalry of the thing.
It was as coAvardly as unprovoked. Sup])ose
the prisoner at the bar had been an unbe-
friended and unknown peisonage ; AA^ould
Ave have seen this array of distinguished
coun.'^cl ; this tremendous effort made to
clear hira ? No, had it been such a ca.se,
the prisoner, Avould have been convicted
and sentenced in a single day. The charge

LIFE OP BARKER. 163
had been too often made, that persons who
had wealthy and influential friends, had fre
quently escaped with irapunity, while the
friendless and destitute, even if they were
innocent found a ready conviction.
He trusted that in this case, guilt would
not be permitted to shield itself behind tal
ent however exalted it might be. See what
a respectable physician testifies : If the
shot had taken cfi'cct in the artery, near
which it hit, death Avould have been the re-
Bu't. Is he not responsible for the conse
quences of the act? Did he not know what
would result from the firing of the pistol
at Mr. Jcwctt's body? According to Mr.
F.'s argument, a man raust understand the
laws of anatomy perfectly, before he can
be convicted of a crime like the one the
prisoner was charged with;, he must attend
four or five courses of medical lectures. It
was owing to no act or merit of the pris
oner, that he was not tried for murder, his
intention was good enough. Did he not
select the weapon which is regarded among
all nations as the most deadly — thc most
murderous for such an object? Was not

164 LIFE OP BARKER.
the prisoner in a hurry to kill his victim for
fear of interruption from those in the store
at the time? After he tried to shoot Mr.
Jewett, did he not attempt to escape? Did
this shoAv guilt or innocence? Was he not
acquainted with the instrument he fired?
What was his intention in firing? That is
for you to determine gentlemen of the jury.
The prisoner felt injured from a certain ar
ticle Avhich appeared in Mr. Jewett's paper.
Acting on that feeling he sought him in his
counting room, weapon in hand, and at
tempted his life. The verdict they were to
render in this case would exercise a great
influence on public opinion. The character
adduced for Mr. Pollock by the high minded
and gentlemanly officers of the steamer
Michigan was of an irrelevant nature. He
asked the jury how they could go beyond
the evidence, and admit in extenuation the
previous good character of the prisoner."
It is but justice to Mr. Pollock, that I
should state that though he was convicted
and sentenced to thc state prison at Auburn,
he was, after a short time pardoned by Gov
ernor Young. The principal reason for so

LIFE OP BARKER. 165
doing was the good character of Mr. Pol
lock, previous to committing the deed for
which he was tried and convicted.
I come now to speak of the Syracuse de
mocratic state convention of 1847. It was
without doubt one of the most important
political bodies ever convened in the Union.
It was an extraordinary assemblage, wheth
er the character of the men who composed
it, or the momentous consequences which re
sulted from its deliberations are considered.
Mr. Barker was appointed by a county con
vention of the democracy as one of the four
delegates to represent Erie county. His
associates were Messrs. H. B. Ransom,
Stephen Holmes, and Isaac Potter. It
is perhaps proper to mention that the seats
of Mr. Barker and Mr. Potter were contes
ted, but after submitting the facts to a com
mittee of opposite views they were admit
ted as the regular members. The part Mr.
Barker took in the proceedings of the con
vention was the last occasion in which he
acted as a representative of his political
friends. His health was precarious, but
he yielded to their urgent solicitations15

166 LIFE OF BARKER.
and accepted the appointment. The
subject of the convention had attracted
much attention throu<ifhout the state. The
great democratic party of the state was di
vided. That party that for years had main
tained the ascendancy in thc state, and had
contributed liberally to swell the national
triumphs ofthe democracy, was rent in twain
by dissensions. Democratic presses Avere
arrayed against each other, and discussed
the relative claims of the candidates Avith
less courtesy and fairness than in speaking
of their opponents. The convention as-
surabled on the raorning of the 29th of
September, 1847. Rarely has such a body
convened in this Union. Although it was
called simply to nominate state officers, it
attracted as large a concourse as if its ob
jects were national. The capacious hall of
the Empire House, presented a scene Avor-
thy of a more graphic and brilliant descrip
tion than lean give. Some ofthe most distin
guished politicians of the two sections of
thc democracy of the state were there; —
those chieftains who had so often led the
democratic hosts to battle and victory were

LIFE OP BARKER. 167
there ; — tho.'?c veterans who had fought long
and gallantly for Jackson and Van Buren
were there. On the side of the friends of
Mr. Flagg were raany politicians distin
guished for their eloquence, their skill in
debate, knoAvIedgc of parlimentary customs,
sarcasm, and wit. Prominent among them
was John Van Buren. This gentleman
has attained so high a reputation as an ora
tor, as to render any eulogy frora rae a
work of supereroga,tion. Suffice it to say
that he displayed during the four days sit
ting of the convention, that elegance and
force as a speaker, that brilliant and unri
valed sarcasm and humor, that pungency
and aptness of illustration which so pre
eminently distinguish him. Prkston King,
on the same side added greatly to the
strength of his friends by his fine pow
ers as a debater and skill as a raanagcr.
Churchill C. Cambrleng, Martin Gro-
VER, George Rathbun, James S. Wads-
worth, Daa^id Dudley Field, William C.
Grain, James C. Smith and James R. Doo-
LiTTLE, are each worthy of a notice but my
limits forbid.

168 LIFE OF BARKER.
That section of the party Avho were not
in favor of Mr. Flagg's nomination nor of
the distinctive principles of his friends, was
well represented on this occasion. There
was the eloquent James T. Brady and Ro
bert H. Morris, of New York. There too
were those adroit managers, Rurus W.
Peckham, Horatio Seymour, John Stry-
KER, Squier Utley, John Cramer, and
AusBURN BiRDSALL. There were other
members who concurred with these last nam
ed gentlemen politically, deserving of no
tice, but I cannot do so, for reasons before
stated. The Press was also well represented.
Edwin Croswell, of the Argus, the ablest
political editor in America, and that ac
complished writer, Cassidy, of the Atlas,
were there. The Tribune and Herald and
other papers of influence had reporters on
the spot. The hall was crowded with spec
tators, and great interest vt^as constantly
felt in the proceedings. Much of the time
of the convention Avas occupied Avith dis
cussions on the disputed seats. The de
bates were of a nature well calculated to
elicit eloquence, sarcasm, wit and retort.

LIFE OP BARKER. 169
But I cannot dweU upon them. The gene
ral results of the convention are well known
and their repetition is unnecessary. Mr.
Barker's course during the two days he was
present, was in strict accordance with the
wishes of those he represented. Although
firm and decided, he Avas at the same time
courteous and kind to his opponents. On
one or two occasions he briefly addressed
the convention, but his health was such as
to prevent his acquitting himself with his
accustomed ability. The convention con
tinued its sittings till tAvo o'clock on Sun
day morning, October 3rd, but Mr. Barker
was compelled by business engagements to
return on the first. He left as his substi
tute, Mr. Oliver Patch, a gentleman who
possesses considerable tact as a politician
and reiliarkable energy.
The last political speech Mr. Barker
made, was on the cA^ening of October 20th,
1847. A meeting of his political friends in
Buffalo was called for the purpose of con
sidering the action of the Syracuse conven
tion, and to appoint delegates to attend the
mass meeting to be held at Herkimer. The
15*

170 LIFE OF BARKER.
court house was crowded to its utmost ca
pacity, and after having been enthusiastically
called for, he rose and for nearly two hours
enchained the audience by the vigor of his
appeals and the splendor of his diction.
The fire of his youth seemed renewed. He
reviewed with masterly ability the proceed
ings of thc convention, and pointed out
with great clearness and force the proper
course to be pursued under the circumstan
ces. He pronounced himself entirely and
strongly in favor of confining slavery to its
present limits. In short, he declared him
self unequivocally in favor of the principles
advocated by the section of the party to
which he was attached. The speech he
made on the occasion to which I refer will
long be remembered by those who had the
good fortune to hear it, as one of his very
finest efforts. It was, as 1 said before, his
last political speech !

LIFE OP BARKER. 171

CHAPTER IX.

It now became painfully evident to Mr.
Barker's friends that his health was rapidly
declining. A crisis was in fact, approach
ing. His fine countenance had become
sadly changed by disease. The gloAv had
left his cheek. The luster had faded from
his eye, and the smile which was wontto play
upon his lips had departed. His whole ap
pearance presented a marked contrast with
the brief period of his convalescence.
These unfavorable symptoms were Avitness-
ed Avith alarm. He was forced to relinquish
further attendance on courts about the mid
dle of November, 1847. The last cause he
argued was in the supreme court at Buffalo.
In consequence of the election of Mr. Sill
to the supreme court bench, the partnership
which had existed between Messrs. Barker
and Sill Avas dissolved in July, 1847, and
Mr. Sill left the practice, Frora that pe-

172 LIFE OF BARKER.
riod until his death, Mr. Barker was asso
ciated with George Coit, Jr. Esq., in the
practice of the law. Among others who
kindly volunteered to assist Mr. Barker in
discharging the duties of district attorney,
during the precarious state of- his health,
was Benjamin H. Austin, Esq. This gen
tleman was elected by the people to the of
fice he now holds, in the spring of 1847, at
the first judicial election under the new con
stitution. Shortly after his AvithdraAval from
court, Mr. Barker was confined to his house,
and a nervous, lingering fever set in. The
utmost solicitude was felt throughout the
state as to the prospects of his ultimate re
storation to health, and attentive friends made
repeated and anxious inquiries concerning
his progress. They were alternately elated
by favorable and depressed by unfavorable
accounts. The city papers once announced
by authority his probable speedy recovery.
In a few days they contained the melan
choly announcement of his death! Not
withstanding the best medical skill, and the
most kind and assiduous attention, he con
stantly failed, until death relieved his sut-

LIFE OP BARKER. 173
ferings, on Thursday, the 27th of January,
1848, at quarter before 11 A. M., in the
41st year of his age. He exhibited re
signation during his entire sickness, and
in the terminating scenes of his earthly ca
reer displayed great fortitude.
Deep sympathy was manifested every
where as the intelligence of his demise was
coramunicated. The feeling of regret was
universal. It Avas not confined to formal
notices from courts, nor to eulogies from
his professional brethren who conceived an
ornament to their profession had fallen.
But the merchant in his counting house, the
mechanic in his shop, the laborer leaning
over his hod, and the sons of agriculture,
heard the anunciation Avith unfeigned sor
row. The press teemed with feeling eulo
gies, and on every side were observed mani
festations of regret.
The Recorder's court, Hon. Joseph G.
Masten, presiding, was in session at the
time of his death, and upon its assem
bling in the afternoon, Solomon G. Haven,
Esq., announced the melancholy event in the
following appropriate and feeling manner :

174 LIFE OF BARKER.
" May it please the court — I rise to make
a motion — one that a short time ago no
member of tliis bar could foresee it would
be his duty to raake. Our friend — the
friend ofthe Avholc bar — Gen.Barkcris dead.
It pleased an All-Avise Providence to take him
hencc,and he died this morning at 11.', o'clock,
at his residence on Eagle street in this city.
He Avas not only the leading counselor of
this court, but a leading counselor of this
state, and one Avho in the true spirit of a
law3'er, devoted his life to the profession.
"He Avas a raan of learning, of genius, of
eloquence, of honesty, of unsullied honor,
and of great and A'aried ability. His heart
AA'as with his feUow raen, and his syrapa-
thies Avith the oppressed.
" His death in the prime of his years Avill
not only be mourned by his family and
connections, and by us his neighbors and
friends, but will be felt throughout the Avhole
state, and chronicled throughout the Union.
" HoAv often have all Avho hear inc sat in
this place and been charmed by his elo
quence and admired his ability? Nothing
but kindness and courtesy ever marked his

Life op barker. 173
intercourse with us. .A.nd I am sure no
thing but the deepest sorrow is felt by us
all, on account of this infliction.
"I cannot nov»f Avith the reflection of this
event upon me pronounce his eulogy; the
event itself speaks home to all of us Avho
knew him. I can only announce his death,
and move as I do — on account of the pro
found respect we all feel for his memory
and the emotions we all possess frora the
recollections of this great loss —that this
court do noAv adjourn.
A meeting of the members of the bar
was held immediately after the adjournment
of the court, and Hon. J. G. Masten, Avas
called to the chair, and C. H. S. Williams,
Esq., appointed secretary.
On motion of Dyre Tillinghast, Esq., a
committee of seven was appointed to draft
resolutions expressive of their deep regret
at the mournful death of Mr. Barker, and
for making arrangements for thc taking of
proper action Avith reference to attending
his funeral.
The following gentlemen were named as
the committee : Dyre Tillinghast, H. J.

176 life of barker.
Stow, S. E. Sill, George R. Babcock, J.
G. Masten, Eli Cook.
The adjourned meeting of the bar was
held in the evening. Hon. J. G. Masten,
was called to the chair and O. H. Marshall,
Esq., appointed secretary. The committee
appointed at the previous meeting to consi
der what action it was necessary to take
upon the death of their late associate, re
ported through their chairman the following
preamble and resolutions, which were una
nimously adopted :
PREAMBLE:
Whereas it hath pleased an All-wise
Providence in the dispensation of his power,
to strike doAvn in our midst by the hand of
death, in the very prime of life, our late
brother, George P. Barker — a brother whose
high-minded and honorable bearing made
him an exemplar worthy of all imitation —
whose varied learning and sterling integrity
placed him in various public trusts at home,
and finally advanced him, at an early age, to
the elevated and honorable position of attor
ney genera], in which he commanded univer
sal confidence and esteem, and discharged its

LIFE OP BARKER. 177
duties with equal honor to himself and the
state^one in whora there was no guile —
whose whole soul Avas devoted to the araeUo-
ration of the condition ofhis fellow raen; the
exertion of who.se giant intellect imparted in
struction to all, and whose eloquence, Avheth
er in thc social circle or the arena of foren
sic debate, vvas alike charming; Therefore,
Resolved — That Ave have heard the an
nouncement of the death of our departed
brother, Avith the most poignant grief ind
sorrow. In his death, his family have suf
fered a bereavement irreparable — the social
circle has been deprived of a roost interest
ing member — the legal profession has lost
one of its brightest ornaments and the free
institutions of our country a raost faithful
and powerful charapion.
Resolved — That we tender to his mourn
ing family the condolence of our heartfelt
syrapathies in their raost afflicting bereave
ment. Resolved — That we will as a testimonial
of our regard for the memory of the de
ceased, attend his funeral in a body from
his late residence on Monday next, and that
16

178 LIFE OF BARKER-
we will Avear the usual badge of mourning
for thirty days.
Resolved — That a copy of the proceed
ings of this meeting be presented to the
Recorder's court of the city of Buffalo, at
its present session and to the supreme
court, in Erie county, Avith a request that
they raay be entered upon their respective
records. Resolved — That a copy of these proceed
ings be presented to the family of the de
ceased. Resolved — That a committee of thirteen
and the chairman of this meeting, be appoint
ed to raake and execute such arrangements as
maybe deemed appropriate for the occasion.
The following persons were announced
to compose the committee under the last
resolution. Dyre Tillinghast, Hon. S. E.
Sill, Hon. J. G. Masten, Hon. F. P. Stevens,
Hon. H. J. Stow, Hon. H. K. Smith, B. H.
Austin, G. R. Babcock, S. Caldwell, T. T.
Sherwood, E. Ford, S. G. Austin, S. G.
Haven, H. B. Potter.
His funeral took place on thc Monday
succeeding his death. In accordance with

LIFE OP BARKER. 179
the wishes of Mr. Barker, all unnecessary dis
play Avas avoided. II is remains Avere taken
at two o'clock in the afternoon, frora his
late residence on West Ea"le .street, under
the direction of a committee of the bar, to
fhe North Presbyterian church. The
streets through Avhich the procession passed
were thronged with syanpathizing .specta
tors. The spacious church itself was crowd
ed almost to suffocation, and numbers were
unable to obtain admittance. Intense grief
was depicted on each countenance in the
va.st audience. Each individual seemed to
have lost a near and dear friend. There
Avere those present who had knoAvn and
loved him for years. 'ihe oldest and
most substantial, the middle aged and the
youth of our citizens Avere well repre
sented. John C. Lord, D. D., Avas very
appropriately selected to pronounce the
funeral discourse. He had been thc asso
ciate and intimate friend of Mr. Bai ker in
early life, and though separated in after life,
by their different professions, still entertain
ed for him warm feelings of fiiendship and
regard. In compliance Avith a very general

180 LIFE OP BARKER.
request, I have obtained the reverend gen-
tleraan's permission to publish his discourse
entire It adds fresh laurels to the re
putation of its distinguished author, and is
a feeling and beautiful tribute to the memo
ry ofhis departed friend.
Mr. Barker's remains, upon the conclu
sion of the exercises, wero folloAved by a
large number of mourners in carriages and
on foot, to the burial ground in the upper
part of the city a little east of Main street,
where they were deposited.
The appearance of Mr. Barker was very
dignified and graceful ; his person over
six feet in height Avas Avell developed and
muscular without being robust; his eyes
were of a deep gray color ; his features reg
ular in their outline and faultless in propor
tion suggested a similarity to classic models.
He was an affectionate husband and kind
father. In the selection of a partner for life
he was peculiarly fortunate. Mrs. Barker,
by her devotion to her husband, her ele
gant raanners and domestic virtues gained
the esteem and secured the regard of all
who knew her. Her irreparable loss in the

LIFE OF BARKER. 181
death of her husband was universally com
miserated. Their union was blessed with
tw^o promising children, a son and daughter.
The former is now about thirteen and the
latter seven years of age.
As a citizen, Mr. Barker Avas greatly be
loved. His kind and polished manners; his
unbounded generosity; hisdisinterestcdness
and magnanimity raade him a general fa
vorite. His integrity Avas unquestioned;
his honor unsullied. Avarice found noplace
in his bosom. He estimated his com
peers in life not by their social position or
worldly possessions, but by those qualities
which ennoble raan. He performed good
actions not for the ephemeral applause they
secured, but from the loA'e of them. He
knew the luxury of doing good. He
was frank and courageous. He nei
ther sought conctalmcnt or shrunk from
consequences. His views on all subjects
affecting the interests of thc city were en
larged and liberal, and in all public stations,
he ever consulted the general good in pre^
ference to his own aggrandizement.
His intellect Avas superior to any office
16*

182 LIFE OF BARKER.
he ever filled. His judgment was acute;
his energy and industry uncommon ; his ac
quirements varied and extensive, aud his
oratorical poAvers seldom equalled. The
music of his voice ; the animated expression
of his fine features ; his wonderful cominand
of language ; his gorgeous imagery and his
prepossessing and dignified mein, will be
retained in the raemories of thousands.
He was not devoid of ambition. But it
was not of a selfish kind. He did not justi
fy the miixim that "the end justifies the
means." In all public stations he sustained
himself with distinguished honor.
Did my limits admit, I could fill a volume
with eulogies that have been pronounced
upon his social and intellectual qualities.
William Cullen Bryant, thc Poet of
America, in the foHowing lines, briefly, but
elegantly alludes to his deceased friend and
political associate -. — " General Barker was a
man of fine talents and agreeable social
qualities ; his career as a public man Avas
highly honorable, alike to his abilities, his
integrity and his courage."
In a late number of the Albany Argus,

LIFE OP BARKER. 183
its gifted editor says -. " A biography of
General Barker Avill be read with interest
by his nuraorous friends, and Avill be a de
served tribute to the character and public
services of one of the most gifted men of
our state. If there Avere party or personal
feeling at any time, these have passed away,
and those who knew the deceased only re
member the noble and brilliant qualities for
which he was distinguished."
Mr. Hammond in his able "political his
tory" thus feelingly speaks: — "Mr. Bar
ker's 'impulses' Avcre always of the raost
kind and generous character. His heart
overflowed with benevolence to all raen, and
he was beloved by all. Alas ! he has now
gone to the grave. We do not believe the
man is now living Avho Avill acknowledge
himself to have been personally unfriendly
to George P. Barker."
No monument yet points to thc visitor
where all that was mortal of Mr. Barker re
poses. This omission should be supplied.
The marble column should be raised over his
ashes, as a monument of his public efforts
and genius. His memory will be cherished

184 LIFE OF BARKER.
without, and his good deeds will be perpe
tuated, but its erection will reflect cred
it on the "Queen City of the Lakes," and
be an act of justice to the memory of a dis
tinguished citizen,

A
FUNERAL DISCOURSE,
DELIVERED ON THE OCCASION OP THE
DEATH OP
GEN. GEORGE P. BAEKEB,
AT THE
NORTH PRESBYTERIAN CHURCH,
ON the 31 ST day of JANUARY, 1848 ;
BY
JOHN C. LORD, D. D.

SERMON.

" My glory was fresh in me, and my bow was re'
newed in my hand and I brake the jaws of the wicked
and plucked the spoil out of his teeth ; unto me men
gave ear and waited and kept silence at my counsel,
and they waited for me as for the rain, and they opened
their mouth wide as for the latter rain ; I chose out
their way and sat chief and dwelt as a king in the
army, as one that comforteth the mourners, and now
my soul is poured out upon me, the days of atHiction
have taken hold upon me. — Job 29, 20, 17, 21, 23,
25 and 16 of 30c. "
These words were uttered more than
four thousand years since by the Patriarch
Job in the ancient Arabia. The lapse of forty
centuries has not varied the conditions of
human life, or changed the character of the
family of man, or materially mitigated the
calamities and sorrows which are our per
petual inheritance in the pilgrimage of time.
Across the chasm of one hundred and
twenty generations there come to us the

188 FUNERAL SERMON.
prolonged echoes ofthe lamentations of the
primitive races — of the brevity of life — the
mutability of fortune — of the vanity of
temporal hopes and earthly distinctions.
The lessons we learn in bereavements like
the one Avhich has assembled us to-day,
have been taught from the beginning, have
been raournfully echoed from one age to
another, and the sum of thc teaching and
testimony of all experience is comprehend
ed in the brief but expressive Avords of in
spiration "verily man at his best estate is
altogether vanit}-." The record of the
greatest of monarchs and the Avisest of men
who knew the sum of all that can be con
ferred by wisdom, wealth or power, " vanity
of vanities all is vanity " has never been
impeached by his successors or contradict
ed by subsequent experiences in the paths
of glory and greatness. Poets, orators and
historians, have ever drawn the same picture
of human life, of its uncertainty, its vicissi
tudes, its sorrows, its brevity. From the
beginning, from thc time of the apostacy,
from thc day on which the flaming sword
of thc Cherubim flashed across the gates

FUNERAL SERMON. 189
of Eden, guarding the avenue to the tree of
life and barring forever all re-cntrance to
the terrestrial paradise, life and death have
been in perpetual antagonism, ever in prox
imity, ever warring, and in this confused
struggle in Avhich death is always at the
last victor, men have ever been warned of
their false confidences and directed to high
er hopes, to nobler aspirations, to another
and better life.
What sum of human history is in these
words— Life and Death ! what images and
contrasts are suggested by them. Life is a
crowded city — Death a solitary desert: Life
is a glorious landscape of river and forest
of mountain and valley wherein appear ac
tive forms innumerable, full of the 'joyous
sense of being' — Death is the dead sea in
which no living thing moves, over which no
bird of the air flies and around Avhich are
barren rocks, relieved by no verdure and
upon which descendeth neither rain or dew.
Whatever is dark, desolate or dreary Ave
connect with death, whatever is bright, ac
tive, and joyous with life. Pestilence, fam
ine and the sword are the emblems of the
17

190 FUNERAL SERMON.
one, health, plenty and peace are the sym
bols of the other. With the idea of death
we join deformity, decay and dissolution,
Avith that of life, beauty, vigor and happi
ness. So natural and permanent are these
impressions in the mind of raan, that God
has raade them the signs and shadows of
the diverse conditions in the life to come.
Life is the symbol of the heavenly state, to
enter upon life, in the phraseology of scrip
ture, is to come to the heavenly city, to en
ter its gates of pearl, to walk its golden
streets, to repose by its rivers of blessed
ness, to unite with the redeemed throng in
that eternal anthem of angels and the spirits
of just men raade perfect, around the throne
of God, which fills the arches of heaven with
ravishing melody. On the other hand death
is the symbol of the perdition of ungodly
men, the image of the horrors of hell, the
emblem of that condition of separation and
banishment Avhere their worm dieth not and
their fire is not quenched, where over the
children of lust and pride, despair and dark
ness reign with an unchangeable dominion.
In our present state of being the conditions

FUNERAL SERMON. 191
of another life and of a world to come can
only be communicated under sensible ima
ges, the soul while a tenant of its earthly
tabernacle must behold, 'as in a glass dark
ly,' eternal realities through temporal and
material resemblances; so ever in the scrip
tures the seen and finite is raade the exam
ple and shadow of the unseen and unchange
able ; in the visible heavens the glory of
the invisible is shadowed forth, in the dark
ness and corruption of the grave is the
symbol of thc place of final doom, in natu
ral life is found the tj'pe of that which is
eternal in natural death the emblem of that
which is spiritual and unending.
To secure the life that now is, what sac
rifices are made, what perils endured, what
efforts undertaken ; what proclamations of
remedies from a thousand sources and from
every quarter for the diseases which are the
ministers of the king of terrors, while at the
farthest, life can be prolonged but for a
brief season and death comes at last with
his ghastly retinue and suddenly no less than
certainly ; for while to the varied forms of
animal and vegetable life there is usually a

193 FUNERAL SERMON.
season and a day, yet man knoweth not tho
number of his appointed months nor the
bounds that he cannot pass ; the SON of
man cometh in such an hour as avc think
not, at midnight is heard the startling cry,
' Behold the Bridegroom cometh.'
And though men cannot avoid the evi
dences of change and death Avhich are
above, beneath and around them, which are
common to every age and Avitncsscd by
every generation, yet they seek to avoid
the appropriate impression, they disregard
too often the solemn lessons of the divine
providence, they turn away not only from
the warnings of death and judgment, but
also, alas, from the invitation of the gospel
and the promise of eternal life through the
crucified Redeemer Avho curried our griefs
and upon whom the chastisement of our
peace was laid Avhen He trod the 'wine
press of God's Avrath alone, and of the peo
ple there Avas none Avith him.' Men do not
love to be reminded of their guilt or their
mortality, they walk in a vain show, they
call their lands after their own names, they
devise, and labor, and build as though they

FUNERAL SERMON. 193
were to live here forever ; they dream of
an indefinite future in time, though standing
ever by the gates of eternity, they boast
themselves of to-morrow, though always at
the grave's mouth, though ' Hell hath en
larged herself and opened her mouth Avith
out measure' to receive 'their glory, their
pomp, and their multitude;' they say in their
vain confidence, 'soul take thine ease, cat,
drink and be merry,' though thc messenger
of death is at their doors, and the voice of
doom is in their ears, ' this night thy soul
shall be required of thee.'
But there are occasions, and this is one
of thera, when life and death, the living and
the dead arc brought together, when men
under circumstances which enforce their
attention, behold as in a glass their own
image and are startled to see reflected the
lineaments of death, when they are com
pelled to gaze upon the narrow habitation
which must soon be their own, upon the
closed eye, the fallen visage and sunken
cheek, which are an image of what theirs
shall be when God shall change their coun
tenances and send them away. The living
17*

194 FUNERAL SERMON.
and the dead are here together to-day —
many living indeed, and but one dead —
waiting to go to the dark and narrow house
to arise no more until the voice of the Arch
angel and the trump of God shall fall upon
and quicken the dull, cold ear of death.
Many living and but one dead, in this vast
congregation to-day — how long will it be
before of all this assembly there shall be
one living and many dead ? How long be
fore the sole survivor of this multitude shall
look back to this occasion and deem it but
a brief space, as it were but a day, since he
sat in this house and witnessed these so
lemnities ? And what death that shall here
after occur will be likely to make a greater
impression than that of the distinguished
man whose mortal remains are before us in
this house of prayer to-day ? Whose repu
tation at forty years of age is likely to be
more extensive? — whose popularity more
universal? — whose personal friends more
numerous and devoted ?— whose prospects
for the future more bright and glorious?
Who in commanding intellect, in generous
and noble impulses, in captivating eloquence,

FUNERAL SERMON. 195
in native generosity, in unsullied honor, in
all those. gifts of mind and graces of person
which attract admiration and secure affec
tion, is likely to excel him or leave at his
death a greater circle of mourners, or afford
in the day that makes the ' grave his house,'
a more striking commentary on the words
of the Holy Spirit 'verily man at his best
estate is altogether vanity'? When shall
we have occasion more appropriately to
utter the ancient Hebrew laraentation 'hoAV
is the strong staff broken and the beautiful
rod" ? Are not the words, of the text in
which the prosperity and glory of the Ara ¦
bian Patriarch are portrayed, strikingly
applicable to him whose last journey is to
be made to-day from this house to the
grave? Whose glory was 'fresher' than
his? Whose bow Avas oftener renewed in
his hand? Who by his hatred of oppres
sion no less than by his office as the prose
cuting counsel of the state, more frequently
'brake the jaws of thc Avicked and plucked
the prey out of his teeth'? To whose elo
quence did men give more 'attentive ear'
or so 'wait and kept silence at his words "I

196 FUNERAL SERMON.
Who so folloAved by a host of friends, who
waited for him as for the latter rain?
Who ' chose out the way of a greater multi
tude' or sat more like a chief among them
or ' as a king in an army'? Whose breast
was more easily touched by a story of suf
fering or wrong, Avhose hand was more
open to the destitute ' as one that comfort
eth the mourners? What greater prosper
ity has the shadoAv of death suddenly dark-
diied? Fortunate, eminent, beloved, he
Avas compelled, in the full tide of success,
in the meridian of life, with m.ore gained
and raore in prospect than is attained by
one in a thousand, even of those reckoned
prosperous and fortunate in the competitions
of this life, to take up on a bed of sickness
and of great mental and bodily anguish, the
lamentation of the text "and now ray soul
is poured out upon rae, the days of afflic
tion have taken hold upon me.' What to
him were the honors he had Avon, when the
shadows of eternity began to curtain that
bed of pain? What availed then the breath
of popular applause to him who Avas about
to come into the presence of the king of

FU.\eral sermon. 197
kings, to give an account ofthe deeds done
in the body ? How faded in the vision of
our dying brother, these earthly and transi-
torj' honors, which shone upon his brilliant
career, Avhen he felt the need of an incor
ruptible crown aud a heavenly inheritance?
How cheaply he held the coveted distinc
tions of time Avhen drawing near the con
fines of the unseen world and the judgment
seat of Christ? How worthless were to
him the glories ofan earthly state, compar
ed with the glory, honor and immortality
revealed in the gospel, Avhich is eternal
life. Hoav just must have appeared to him
that powerfully expressed satire of one of
the older poets, as applicable to the con
flicts of the forum as of the field :
" Some men with swords may roap tho field,
And plant frcsli laurels where they kill.
But their strong nerves at last must yield,
They iame but one another .still.
Early or late
Tlicy meet their fate
And mu--! give up iheir murmuri:;:g breath.
While ihcy pale captives creep toward death."
With what profound humility of soul,
and we hope true penitence, did our distin-

198 funeral sermon.
guished friend look back upon very many
passages in his successful and envied career,
now brought to an untimely and unexpected
close. As one of his oldest and in early
life, one of his most intimate friends, as one
who was a fellow student with him in the
school of that honorable profession of Avhich
he was afterwards a distinguished orna
ment, as a friend who though separated
from him for years by the choice of another
and humbler walk in life, yet always re
garded him Avith affection, and watched
his course and marked with interest his ris
ing fame, I may speak perhaps more free
ly than another, what I think he would
desire me to say upon this funeral occasion,
and of those things Avhich he had occasion
to regret when he entered upon the valley
of the shadow of death.
From what I have learned from those
who constantly Avatched by the bed side of
Gen. Barker during his protracted sickness,
from what I have myself seen and known, I am
satisfied that he felt and acknowledged Avith
keen regret the errors, of which his bitter
est enemy could not have spoken in terms

PtJNERAL SERMON. 199
of greater severity — that the power of reli
gious conviction was strong upon hira, that
it was his firm resolution if his life Avas
spared to obey the gospel. I ara persuaded
from all the feelings and views manifested
by him during the last months of his life
that he Avould desire the friend and compa
nion of his youth to say to the congregation
here assembled to raanifest their respect
and affection for him in the last offices for
the dead, not to defer and neglect the eter
nal interests of the soul upon pleas of
wordly care, or for any enticement of plea
sure or any promise of distinction and fame.
His solemn convictions of the realities of
the unseen life and the truth of the gospel
require me to admonish you in his name
that there are higher interests than those
of time, that there are responsibilities to
to God greater even than these which arise
in our relations to our fellow men, that there
are duties Avhich neglected make a death
bed painful and that one smile of a recon
ciled God and Savior is worth in the hour
of sorrow and in the article of death, more
than all the applause ever gathered by ge-

20O FUNERAL SERMON.
nius and learning, by eloquence and art, by
place and power from all the generations
that have passed over the stage of life since
the day of the apostacy. We do not in
tend in this to intimate that professional
distinction, political influence and worldly
farae are incompatible with a pious life and
a christian profession. While the names of
Chief Justice Marshall and Chancellor Kent
stand in the first rank of the legal profes
sion, while they remain the brightest stars
in the constellation of American Jurists, it
can never be said that true religion or fer
vent piety are inconsistent AA'ith the greatest
success and Avith the highest honors. We
never have endorsed that common slander
against the legal profession which insinu
ates that high integrity and practical Chris
tianity are incompatible with the successful
practice of the laAv. A profession Avhich
has to do Avith the eternal principles of jus
tice, in their application to the relations and
business of life, which has the guardiani5hip
of private and public rights, whose office it
is to break the jaws of the wicked and
pluck the prey out of his teeth ; a profes-

FUNERAL SERMON. 201
sion which leads its votaries back to that
' lex suprema ' the law of God, that great
first rule of right action 'prescribed by a
superior power,' applicable to all worlds and
to all moral agents, can have no mean, con
tracting or demoralizing tendency. Un
worthy men may make a bad use of their
legal knowledge as they may indeed of
things esteemed most sacred and holy, yet
that there should be immoral influences in
the practice of the law is contradicted by
the very nature of the profession which
deals in first truths, which is engaged in the
application of the universal principles of jus
tice to cases that arise in the complicated
affairs of life and the varied transactions of
commerce and trade, which must ever
exert upon uncorrupted minds a beneficial
influence both as regards the understand
ing and the affections. But as men are not
always led by nature to nature's God, though
'the heavens declare His glory' so those
who are engaged in the affairs of law and
legislation too often neglect the supreme
law uttered from Sinai and are too often
unmindful of that supreme LaAvgiver and
18

202

FUNERAL SERMON.

Legislator Avho is the king eternal, and in
visible, upon whose ultimate and supreme
authority all governments rest,and all judicial
decisions find their warrant, Avithout which
the one would be a mere usurpation and the
other the arbitrary dictums of an unauthor
ized and irresponsible tribunal.
To his brethren of the bar of this city
and county, whose generous and delicate
attention to his bereaved family, whose
kindness to the living and the dead, Avill
never be forgotten by the widow and the fa
therless Avho have sustained this irreparable
loss, we think our deceased friend from his
freely expressed sentiments during the last
months of his life, would desire me, with
all respect, to say — that the study and
practice of your learned and responsible
profession should always lead its votaries
to the fountain of law, that the second table
ofthe Decalogue vvhich prescribes our rela
tive duties, with which every jurist is con
stantly conversant, should lead you to the
first and great commandment which exhi
bits the claims of God ; that while guard
ing the rights of persons and property,

FUNERAL SERMON. 203
while vindicating the majesty of laAv and
the authority of government, and while en
forcing the penalties of crime, you are na
turally reminded of thc rights of the grand
Proprietor and the Supreme Government
and of the penal sanctions of the first and
fundamental statute, "thou shalt have no
other gods before me," the universal law
which like that of gravitation in the natural
world, extends throughout the entire moral
universe, the golden chain that binds in one
brotherhood all holy and happy intefligen-
ces, disobedience to which is the mark
of separation and continued, becomes at
last the evidence of judgment and perdition.
I think I speak but his last thoughts, whose
earthly tabernacle we are about to consign
to the clods of the valleys, when I suggest
that those who are engaged in the business
of human tribunals, Avho stand at the judg
ment seats of earthly courts, Avho plead at
the bar of fallible judges advocating the
cause of the accused or seeking to pro
cure their condemnation, — that they who
'break the jaws of the Avicked,' above all
other men are led by their office and pro.

204 FUNERAL SERMON.
fession to consider the grand assize, the
final tribunal with its irrevocable judgments,
seen in vision by the last of the apostles
" and I saw a great white throne and Him
that sat on it from whose face the earth
and the Heaven fled away, and there was
found no place for them; and I saw the
dead small and great stand before God, and
the books were opened and the dead were
judged out of those things which were writ
ten in the books according to their works."
You are continually reminded by the busi
ness of your profession of the supreme and
infallible Judge from whose' decisions there
are no appeals, against whose judgment
lies no writ of error, no motion for reversal.
You are constantly reminded by the varied
responsibilities recognised by human laws
that "every one of us must give an account
of himself unto God, that every man at the
bar of the final judgment must answer for
himself, where but one Advocate is admitted
to appear, where but one plea can avail ;
above all you are reminded of that final
sentence, that eternal judgment, which se-
perates forever, the just from the unjust,

FUNERAL SERMON. 205
the righteous from the wicked, which pro
nounces in tones which penetrate all hearts
and fill all space " these shall go away into
everlasting punishment, but the righteous
into life eternal." To many of you these
thoughts are familiar, to all they should be
so, for we stand ever by the borders of the
unseen world, where no steps can be retra
ced, no acts of pardon or remission passed,
no judgment disannuled, no intercession
prevail. To retain the all prevalent and
only advocate at the court of Heaven, to
obtain the grace and justification which as
sinners we all need, to secure the patent of
pardon under the broad seal of the supreme
magistrate and written in the blood of the
Eternal Son upon whom was laid our ini
quities, should be the immediate endeavor
of every hearer in this house to-day. Do
we not here behold the evidence that our
life is a vapor? Is there not a voice to us
to-day from Heaven ; a voice from the four
winds, a voice from this coffin "boast not
thy self of to-morrow for thou knowest not
what a day shall bring forth." For that
final assiz e where all the transactions of
18*

206 FUNERAL SERMON.
time shall be reviewed, when all human
judgments shall be re-examined, Avhen every
hidden thing shall be revealed and the se
crets of all hearts exposed, for that day of
final and fiery trial, which 'shall try every
man's work of what sort it is.'
" When shrivelling like a parched scroll,
The flaming heavens together roll'' —
it becomes us all to be prepared, for there
is no work, or wisdom, or devise or knowl
edge in the grave to which we hasten. —
When the bow of the mighty is sundered,
when the strong staff is broken, when the
rod of beauty is withered, when he whose
glory was fresh, Avho sat chief and dwelt as
a king in the array is cut off in the way,
when his light is darkened whose sun was
yet in its meridian, when the strong man
bows himself, should we not open our ears
to the solemn teachings of such a provi
dence and hear a voice from such a death,
proclaiming 'life is short, eternity is long'?
George Payson Barker was born on the
25th day of October, 1807, in Rindge, New
Hampshire. He was descended from that
old puritan stock who bent the knee to none

FUNERAL SERMON. 207
but God, Avho failing for the time in Eng
land in their contest with the tyrannies in
the state and in the church, fled to the ncAV
world where they founded a free govern
ment and worshiped the Highest after the
dictates of their consciences, with none to
molest them or make them afraid. In his
mother's lino are found some of the most
distinguished men in New England ; he
was nearly related to that celebrated clergy
man. Dr. Payson, of Maine, whose praise is
in all the churches. He was prepared for
college in his native state, under the private
tuition of a clergyman, which thirty years
since Avas a common practice in the north
ern states, and he always considered this
the most thorough part of his education and
superior to his subsequent academical train
ing. A portion of his collegiate life was
spent at Amherst, Mass., the remainder at
Union College, in this state, where he grad
uated in the year 1827. The same year he
commenced the study of law in this city.
In 1829 he was chosen clerk of the then
village of Buffalo. In December, 1832, he
was appointed to the responsible office of

208 FUNERAL SERMON,
district attorney of the county of Erie.
At the general election in 1835, he was sent
to the assembly of this state, an election
which was the result of his great personal
popularity, as the political party to which
he was attached were at that time in a mi
nority in this city and county. In 1842 he
was appointed by the legislature to the
honorable and highly responsible office of
attorney general of this state, and there is
no higher evidence of the great ability of
our deceased friend than the manner in
which he sustained himself in this promi
nent and difficult position. A young man,
called from the western and comparatively
obscure and neglected portion of this great
commonwealth, to take the official place of
chief among the old lawyers at the capital,
who were giants in their profession in a
state whose Bar and Judiciary are confes
sedly unrivalled on this continent. General
Barker so discharged the duties ofhis office,
and so won the esteem and affection of the
Bar, the legislature, and the people, that
his re-election at the close of his term, was
only prevented by his positive declinature.

FUNERAL SERMON. 209
General Barker was distinguished by a
commanding person and a most winning and
courteous manner; in personal popularity
he was, perhaps, without a rival in this part
of the state. He was characterized by a
generous disposition, which shone out in
his countenance and appeared without affec
tation in his whole deportment. He had a
hand and a heart open as day to melting
charity, and while he knew how to repel
those who presumed upon his characteristic
courtesy, there were none so poor or so
lowly as to be denied his attention or refu
sed his sympathy. He was a ready and
eloquent speaker, who felt, and made others
feel, what he said ; he had the instant com
mand of his resources, yet was none the
less a well read lawyer, and an able and ju
dicious counselor. There are those who
connect with fluency, readiness and elo
quence, the idea of a want of research and
depth ; these notions of profundity and
wisdom are like those which led the an
cients to embody their ideas of sagacity
and reflection in the symbol of an owl, the
chosen bird of Minerva in the pagan My-

210 FUNERAL SERMON.
thology, which was after all, perhaps, intend
ed as a quiet sarcasm upon that popular
fallacy ^vhich in every age has made silence
and stolidity the marks of profound thought,
rather than of the stupidity in which they
ordinarily originate.
The companion and associate of the de
ceased in his earlier studies in his profes
sion, I can speak confidently of the fact
that he read his profession with diligence,
and though of a gay and convivial temper
ament, and led too often into associations
where his time was Avorse than wasted, yet
he endeavored to make up for this by hours
taken from those commonly devoted to
sleep. He was sensible of the excesses in
to which he was occasionally led, and never
thought of justifying them, for he belonged
to that noble order of men who are capable
of the magnaniraity of receiving a reproof
and acknowledging an error. He had a
nice sense of honor, and Avas abhorrent of
all that was mean and servile, cunning and
contracted. He had an ardent tempera
ment, and his judgments of men Avcre some
times hasty and prejudiced, yet he Avas ever

FUNERAL SERMON. 211
ready to defend those unjustly defamed.
With Avhat lofty indignation and eloquent
invective has he treated the aspersions cast
upon some of his friends, by raen, who,
because they have never known any higher
motives of action than ambition and sel
fishness, suppose that no purer or holier
incentives can be felt by others.
These characteristics were manifest in his
discharge of thc duties of thc office of pros
ecuting attorney for the people, in which he
spent a large portion of his professional life.
While vigilant in the prosecution of offen
ses, he was not disposed to urge convictions
in doubtful cases, as many do under the
mere influence of professional pride. He
would not easily have pardoned himself the
procuring of the conviction of an accused
person of whose guilt he had any reasona
ble doubts. It was perhaps a fault of Gen
eral Barker that he never accumulated pro
perty, with all the facilities he enjoyed, but
so rare is this fault in men in his circum
stances, and with his opportunities, that it
becomes almost a virtue and will be easily
pardoned by those who remember his char-

212 FUNERAL SERMON.
acteristic generosity. Casuists may dispute
whether profusion or covetousness be the
greater sin, but there can be no question as
to that which is the most common and the
most unaraiable.
But we can dwell no longer on the char
acteristics of our departed brother ; he has
gone to the tribunal of a just Judge, and is
henceforth beyond the applause or censure
of raen. We shall see him no more 'till the
Heavens fail ; his voice is silent in death ;
his beauty shall fade in the grave ; he has
' said to corruption, thou art my father, to
the worm, thou art my mother and my sis
ter.' ' How are the mighty fallen, and the
weapons of war perished, the beauty of Is
rael has fallen upon his high places,' ' the
mighty have fallen in the midst of the bat
tle of life'! 'I am distressed for thee, my
brother, very pleasant hast thou been unto
me, but now the grave is thine house, thou
hast raade thy bed in darkness ; thy dwel
ling place is with tho dead, thy soul has re
turned to God who gave it !'
It will be expected, perhaps, that some
thing more should be said of the last sick-

FUNERAL SERMON. 213
ness of our departed friend, and of his views
and feelings when the shadow of the angel
of death darkened his dwelling. In fulfill
ing this expectation, I intend to be faithful
to the living as well as the dead. In the
pathetic language of the text, ' his soul was
poured out upon him, the days of affliction
took hold upon him.' Most deeply did he
feel the importance of the great questions
which relate to the soul and the way of sal
vation ; most heartily did he condemn him
self for all his past neglects of divine things
in thc knowledge of which he had been in
structed by his pious mother. Most hum
bly did he confess himself to God for his
sins of omission and commission, saying,
' against thee and thee only have I sinned
and done this evil in thy sight.' His prayer
in his last sickness was ever that of the
publican at the temple, ' God be merciful to
me a sinner.' For more than a year before
his death, I ara informed by his afflicted
widow, he was constant in his daily perusal
of the sacred scriptures. His judgments
upon himself in his last sickness were most
scA'ere, and though he expressed no clear
19

214 FUNERAL SERMON.
hope of the mercy of God in Christ for
which he sought with ' strong crying and
tears,' yet Ave are not without hope that
He who hath said ' to him that knocketh it
shall be opened, and whoso judgeth himself
shaH not be judged,' before whom were the
prayers of his pious ancestry, and their
tears ' preserved in His bottle,' who remem-
bereth the covenant ' I will be a God to
thee and thy seed after thee,' heard and
accepted the petition of our dying brother,
though He did not vouchsafe those hopse
and joys Avhich might have led others to
cast their souls upon the doubtful hazard of
a death bed repentance.
There was nothing in the case of our de
parted friend to justify or encourage any
man in neglecting the affaitrs of the soul
until the days of affliction, darkness and
death. Yet we do not sorrow for him as
those without hope ; we commit him to the
judgment of that great Judge who will do
all things well, whose mercies are as high
as Heaven, as fathomless as the depths of
the sea, and who is able to save to the ut
termost; to whom also let us commend our

FUNERAL SERMON. 215
own souls, for Ave shafl soon folloAvthe distin
guished man Avhose remains we are about
to consign to the earth ; for us the silver
cord of life Avill soon be loosed, and every
one of us must soon give an account of
himself unto God, and it is our prayer to the
Father of Mercies that every hearer in this
house may find the gate of life, may choose
the better portion, may retain that Almighty
Advocate Avho can alone plead prevailingly,
and have that Judge for his friend, whose
decisions are irrevocable and without ap
peal.

the END.

Errata. — On page 33, lllh line from top, instead of "com
menced on," read " commenced the."
On page 36, 7th line from top, instead of " occasionally orna
mental," read " occasionally inelegant."
On page 99, llth line from top, instead of "Hathaway," r«ad
•• Harrington,"