HISTORY OF KENTUCKY AND KENTUCKIANS, E. Polk Johnson, three volumes, Lewis Publishing Co., New York & Chicago, 1912. Common version, Vol. III, pp. 1162-3. [Full page photo of Mr. Burnett included with bio.] [Jefferson Co.] THEODORE L. BURNETT--Mr. Burnett is one of the venerable and distinguished members of the bar of his native state and was a member of the Confederate congress as well as a soldier in the ranks of the Confederacy in the Civil war, prior to which he had given able service as a soldier in the Mexican war. He has been engaged in the active practice of his profession for nearly three-quarters of a century, and since 1866 has followed this vocation in the city of Louisville, where it was also his to hold the position of corporation counsel of the city for eighteen consecutive years. He has ever stood exemplar of the most loyal citizenship and as a lawyer and man of affairs has ever commanded the uniform confidence and esteem of his fellow men. Theodore L. Burnett was born in Spencer county, Kentucky, on the 14th of November, 1829, and is the only child of John C. and Marie (McGee) Burnett, both of whom were likewise born and reared in Kentucky, where they continued to reside until their death, both having passed away before the subject of this review was ten years of age. The Burnett family lineage is traced back to stanch Scotch origin and authentic date are available from the year 1322. The progenitor of the family accompanied Kin Robert Bruce to Northeastern Scotland in 1322. The King gave a charter to a large landed estate, and as an evidence of tenure he gave him a horn. It is made of ivory and is to this day preserved in a glass case in Crathes Castle, which castle was erected on the estate so granted in 1595 and has been continuously occupied by the head of the family, who at this time is Sir Thomas Burnett, Baronet. In the castle there are portraits of the family and among them the portrait of Bishop Gilbert Burnet, who was a cousin of the then head of the family. Bishop Burnet was descended from the Crimond branch of the family and accompanied William, Prince of Orange, to England in the capacity of chaplain and was distinguished character in the Revolution of 1688 that brought William and Mary to the throne of England, and was appointed Bishop of Salisbury. William Burnet eldest son of Gilbert Burnet, emigrated to America in 1720 and became governor of the colonies of New York and New Jersey. Later he was Colonial governor of Massachusetts and New Hampshire, and died in Boston in 1728. Dr. Thomas Burnett, the youngest son of the Bishop, and his literary executor, spelled the name with two t's, as is shown in his manuscript endorsement in Vol. I, Burnett's History, printed in 1724 and now in possession of the family. George Burnett, son of Dr. Thomas Burnett, emigrated to Virginia in 1721 and he was the father of John Burnett, the latter of whom was the grandfather of him whose name introduced this article. As already stated, the parents of Theodore L. Burnett died when he was a boy, but under the careful and solicitous direction of his guardians he received excellent educational advantages. He completed the academic course in Transylvania University at Lexington, Kentucky, and in the law department of this institution he was graduated as a member of the class of 1846. In the same year he was licensed to practice by the court of appeals, but he enlisted as a member of the First Kentucky Cavalry, which was mustered in the United States army for service in the war with Mexico. Mr. Burnett returned to Kentucky in 1847 and was soon afterward elected county attorney for Spencer county. He became one of the leading lawyers of that section of the state and controlled a large practice in Spencer and adjoining counties until the time of the Civil war, when he enlisted for service in the Confederate army as a member of the force commanded by General Albert Sidney Johnston. He remained in the service until, under the authority of the provisional government of Kentucky, he was elected a member of the provisional congress of the Confederate States. He took his seat as a member of that body early in the autumn of 1861, and when this provisional body was succeeded by the regular congress of the Confederate States of America he was elected a member of the house of representatives. At the expiration of his first term he was re-elected and he continued a member of the southern congress until the close of the war. He then resumed the practice of his profession in Spencer county, where he remained until 1866, when he removed to the city of Louisville, where he has since been one of the most honored and best known members of the local bar. In 1870 he was elected corporation counsel of the city and by successive re-elections he continued incumbent of this position for eighteen consecutive years, having six times been chosen for the office by popular vote, and the high regard in which he was held during this time was shown by the fact that at no election was there an opposing candidate. Since he retired from the office of corporation counsel he has practiced in the courts of general jurisdiction, in the court of appeals of Kentucky and in the supreme court of the United States. Mr. Burnett is a stanch advocate of the principles represented by the Democratic party in it original condition, and in 1876 he was chairman of the Democrat state central committee of Kentucky. In later years he has not appeared as prominently in connection with the affairs of the political arena. He has been essentially progressive and public-spirited as a citizen and no worthy cause to advance the general welfare of the community has failed to receive his support. He has served for many years as a trustee and president of the University of Louisville and has otherwise shown special interest in educational matters. Mr. Burnett, some years ago, received the degree of LL. D. He was a director of the Louisville Water Company for many years. Both he and his wife are members of the Protestant Episcopal church. In the year 1852 was solemnized the marriage of Mr. Burnett to Miss Elizabeth S. Gilbert (deceased January 7, 1907), who was born in Lincoln county, Kentucky, and reared in Spencer county, this state, and of the five children of this union only two are now living--John C., who is a representative member of the Louisville bar and who is associated with his venerable father in practice; and Mary, who is the wife of Dr. W. Edward Grant, a successful physician and surgeon of Louisville. Concerning Mr. Burnett the following appreciative estimate has been given by one familiar with his career. "Mr. Burnett has a high appreciation of the dignity of the legal profession, and by his personal bearing has added luster to the legal records of the state. In discharge of his duties as representative of the city he was courteous, kind and attentive, with a masterful command of the resources of the well equipped lawyer and advocate, wise in counsel and vigorous in the active conduct of his cases." Burnett Burnet McGee Bruce Gilbert Grant = Spencer-KY Lexington-Fayette-KY Lincoln-KY NH MA VA NY England Scotland http://www.rootsweb.com/~kygenweb/kybiog/jefferson/burnett.tl.txt