Henry Cornelius Burnett (October 25, 1825 – October 1, 1866) was an American politician who served as a Confederate States senator from Kentucky from 1862 to 1865. From 1855 to 1861, Burnett served four terms in the United States House of Representatives. A lawyer by profession, Burnett had held only one public office—circuit court clerk—before being elected to Congress. He represented Kentucky's 1st congressional district immediately prior to the Civil War. This district contained the entire Jackson Purchase region of the state, which was more sympathetic to the Confederate cause than any other area of Kentucky. Burnett promised the voters of his district that he would have President Abraham Lincoln arraigned for treason. Unionist newspaper editor George D. Prentice described Burnett as "a big, burly, loud-mouthed fellow who is forever raising points of order and objections, to embarrass the Republicans in the House".Craig, "Henry C. Burnett", p. 268
Besides championing the secession in Congress, Burnett also worked within Kentucky to bolster the state's support of the Confederacy. He presided over a sovereignty convention in Russellville in 1861 that formed a Confederate government for the state. The delegates to this convention chose Burnett to travel to Richmond, Virginia to secure Kentucky's admission to the Confederacy. Burnett also raised a Confederate regiment at Hopkinsville, Kentucky, and briefly served in the Confederate States Army. Camp Burnett, a Confederate recruiting post two miles west of Clinton in Hickman County, Kentucky, was named after him.Camp Burnett, Kentucky
Burnett's actions were deemed treasonable by his colleagues in Congress, and he was expelled from the House in 1861. He is one of only six members of the House of Representatives ever to be expelled."Members of Congress Expelled From House" Following his expulsion, Burnett served in the Provisional Confederate Congress and the First and Second Confederate Senates. He was indicted for treason after the war, but never tried. He returned to the practice of law, and died of cholera in 1866 at the age of 40.
Early and family life
Henry Cornelius Burnett was born to Dr. Isaac Burnett (1801–1865) and his wife, the former Martha F. Garrett on October 25, 1825, in Essex County, Virginia.Trigg County, Kentucky VeteransCraig, The Kentucky Encyclopedia p. 144Appleton's Cyclopedia, Vol. 1 p. 459 indicates his middle name as "Clay". In his early childhood, the family moved to Cadiz, Trigg County, Kentucky.The 1840 U.S.Federal Census for Trigg County, Kentucky indicates the Isaac Burnett household included 8 white persons(6 of them under 20 years old) and 3 slaves. Henry was educated privately at an academy in Hopkinsville, the neighboring Christian County government seat."Burnett, Herny Cornelius". United States Congress He then read law and was a member of the Cadiz Christian Church.Perrin, p. 100
On April 13, 1847, Burnett married Mary A. Terry, the daughter of a prominent Cadiz merchant. They had four children: John, Emeline, Henry, and Terry (who died shortly after birth). The younger Henry C. Burnett (educated at the University of Virginia after his father's death) became a successful lawyer in Paducah and, later, Louisville.Johnson, p. 615
Early career
Admitted to the bar in 1847, Burnett established his legal practice in Cadiz. He also began owning slaves of his own. He owned five slaves in Trigg County in 1850.U.S. Federal Census Slave Schedule for District 1, Trigg County, Kentucky, available on ancestry.com. Ten years later, in 1860, Burnett owned seven slaves in Cadiz, as well as leased three slaves to J.L. Parrish in Christian County.1860 U.S. Federal Census Slave Schedule for Christian County, Kentucky; 1860 U.S. Federal Census Slave Schedule for Cadiz, Trigg County
In the first election following the ratification of the Kentucky Constitution of 1850, Trigg County voters elected Burnett clerk of the circuit court; he defeated James E. Thompson.Allen, p. 279Perrin, p. 47 Burnett resigned in 1853 to run for Congress.
Later that year, he was elected as a Democrat to the 34th Congress, succeeding Speaker of the House Linn Boyd. He was re-elected to the three succeeding Congresses; during the 35th Congress, he chaired the Committee of Enquiry regarding the sale of Fort Snelling and served on the Committee on the District of Columbia.
Outset of the Civil War Burnett supported fellow Kentuckian John C. Breckinridge for president in the 1860 presidential election, but Breckinridge lost to Abraham Lincoln. Lincoln had campaigned against the expansion of slavery beyond the states in which it already existed. His victory in the election resulted in seven Southern states declaring their secession from the Union. Despite this, most Americans believed the Union could still be saved. Burnett, however, disagreed. In the January 7, 1861 issue of Paducah's Tri-Weekly Herald, he declared, "There is not the slightest hope of any settlement or adjustment of existing troubles."Craig, "Henry C. Burnett", p. 266 Despite his pessimism, Burnett endorsed the ill-fated Peace Conference of 1861.Craig, "Henry C. Burnett", pp. 266–267
Following the rapid secessions of Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas, Congress began preparing the nation for war, including by strengthening the army and navy and raising funds for the treasury. Burnett attempted to circumvent these measures by proposing an amendment stipulating that none of these new appropriations could be used to subdue or make war against any of the southern states, but the amendment was defeated.Craig, "Henry C. Burnett", pp. 267–268
To avert war then, the Kentucky General Assembly called for a meeting of border states to convene in Frankfort on May 27. Kentucky's twelve delegates to the convention were to be chosen by special election on May 4. However, after the Confederates fired on Fort Sumter on April 12, the secessionist candidates withdrew from the election. Expressing the view of the majority of these delegates, Burnett opined in the Tri-Weekly Herald that the convention would not occur. He was wrong; the convention was held as scheduled, but it failed to accomplish anything of significance.Craig, "Henry C. Burnett", pp. 269
Special congressional elections of 1861 President Lincoln called for special congressional elections to be held in Kentucky in June 1861. The voters of the First District's Southern Rights party called a meeting to be held May 29, 1861 at the Graves County courthouse in Mayfield. The purpose of the meeting was ostensibly to re-nominate Burnett for his congressional seat, but some Unionists believed an ulterior motive was in play. George D. Prentice, editor of the Unionist Louisville Journal, wrote on May 21, 1861, that "the object of [the Mayfield Convention], though not officially explained, is believed to be the separation of the First District from Kentucky if Kentucky remains in the Union, and its annexation to Tennessee".Craig, "The Jackson Purchase Considers Secession" pp. 344–345, 348
Most of the records of the Mayfield Convention were lost, presumably in a fire that destroyed the courthouse in 1864. The most extensive surviving record comes from the notes of James Beadles, a Unionist observer of the proceedings. After a number of speeches were delivered, a majority committee chaired by Paducah circuit judge James Campbell presented a report containing seven resolutions. The resolutions declared the region's sympathy with the South, although it pledged to abide by Kentucky's present policy of neutrality. It condemned President Lincoln for waging an unjust war, and praised Governor Beriah Magoffin for refusing Lincoln's call for troops. The report also condemned the federal government for arming Union sympathizers in the state with so-called "Lincoln guns". A minority committee report was given by Ballard County resident and future U.S. Representative Oscar Turner. This report called Kentucky's neutrality "futile" and "cowardly," promised to fight off any invasion by the North, and recommended calling for aid from Tennessee and the Confederate States in the event of such an invasion. It further warned that if the entire state did not adopt this position, the Purchase region would secede and align itself with Tennessee.Craig, "The Jackson Purchase Considers Secession" pp. 347–352
Burnett, along with Lyon County's Willis B. Machen and Union County's Benjamin P. Cissell, initially endorsed Campbell's majority report. After some debate, Burnett proposed four resolutions in lieu of both reports. The resolutions condemned President Lincoln for the war against the South and the federal government for the provision of the "Lincoln guns". They also praised Governor Magoffin for rebuffing Lincoln's call for troops and encouraged him to drive away any Union invasion of the state. Burnett's resolutions were passed by large margins in preference to both the majority and minority reports.Craig, "The Jackson Purchase Considers Secession" pp. 352–353
Finally, the convention turned to the issue of nominating Burnett. Four others, including Turner, Machen, and Cissell, were also offered as nominees. Burnett received 124 of 155 votes on the first ballot and was chosen unanimously on the second ballot. In his acceptance speech, Burnett declared that he was undecided as to whether he would take the oath of office if elected. This statement alluded to an earlier comment by Turner that "no man who is engaged in the cause of the South could go to Congress and take the oath of office without perjuring himself."Craig, "The Jackson Purchase Considers Secession" p. 353 Burnett promised that if he did assume his seat, he was determined to arraign President Lincoln for treason.
In the special elections, Burnett defeated Lawrence Trimble of Paducah. He was the only states' rights candidate elected in the statewide canvass. He won handily in the Jackson Purchase region, which was by far the most pro-Southern area of the state. However, outside the Purchase, he won only his home county of Trigg, and that by a slim margin of 20 votes.Craig, "Henry C. Burnett", p. 270 (Besides the Purchase counties, the First District also included Caldwell, Crittenden, Hopkins, Livingston, Lyon, Trigg, Union, and Webster counties.)
Burnett took his seat in the 37th Congress; sources make no mention of his making good on his threat not to take the oath of office. Just days after the First Battle of Bull Run, Burnett's fellow Kentuckian, John J. Crittenden proposed a resolution blaming the war on the disloyal Southerners and defining the war's aim as preservation of the Union without interference in the rights or institutions of the states. Burnett asked that the question be divided. His request was granted, but he only found one colleague willing to vote with him against blaming Southerners for the war.Rawley, p. 59
Confederate military service and expulsion After Congress adjourned on August 6, 1861, Burnett returned home to Cadiz and spoke at a number of pro-Southern rallies. On September 4, 1861, Confederate Major General Leonidas Polk violated Kentucky's neutrality by ordering Brigadier General Gideon Johnson Pillow to occupy Columbus.Harrison, The Civil War in Kentucky, p. 12 In response, Ulysses S. Grant captured Paducah on September 6, 1861.Harrison, The Civil War in Kentucky, p. 13 With neutrality no longer a tenable option, Burnett presided over a conference of Kentucky's Southern sympathizers that occurred at Russellville between October 29 and October 31, 1861. The self-appointed delegates to this conference called for a sovereignty convention on November 18, 1861, for the purpose of establishing a Confederate government for the state.Craig, "Henry C. Burnett", pp. 271–272