[1888 edition, p 40]
Hon. BURGESS SIDNEY GAITHER OF BURKE COUNTY,
was born in Iredell county, 16th March, 1807. His father, Burgess Gaither, came from near Annapolis, Maryland, after the close of the Revolution and located in Iredell, where he married Amelia Martin, who came from near Richmond, Va. The father of the subject of this sketch was a man of prominence i his day and generation, having represented Iredell frequently in the General Assembly from 1788 to 1802, when the Democracy, under the leadership of Thomas Jefferson, came into power. Burgess S. Gaither's early education was obtained at Hall's High School, Bethany church, Iredell county, and subsequently at the Morganton High School, where he was prepared for college. He then took an irregular course at the University of Georgia, and returned to Morganton to study law under the instruction of his brother, Alfred Moore Gaither. Upon the death of his brother he completed his studies with the late Judge David F. Caldwell, of Salisbury. He obtained his County Court license June Term, 1829, and Superior Court license the following year.
On 13th July, 1830, he married Elizabeth S., daughter of Col. W.W. Erwin, of Burke. Upon getting his license as an Attorney-at-Law, he at once entered upon the practice of his profession which, with slight interruptions, he has continued to this day. The first office he ever held was that of Clerk of Burke Superior Court, to which he was appointed by Hon. W.P. Mangum. Shortly after that the law of 1832 was passed, giving to the people the election of Clerks. Col. Gaither submitted his "claims" to the people and was elected by a large majority for four years.
In 1835 he was elected with Hon. Samuel P. Carson, a delegate to represent Burke in the State of Conventions to amend the Constitution. The journals and debates of that body will show his record. In 1839 the first National Convention of the Whig party was held at Harrisburg, Pa. Col. Gaither was the delegate from this district. Governor Owen was chairman of the North Carolina delegation, and upon the first ballot Henry Clay received 80 votes, General Harrison 70 votes and General Winfield Scott 16 votes, from New York. No one having a majority, the balloting was continued, with the same result for two days, when New York's 16 votes were thrown to the weaker candidate and Harrison nominated, and afterwards elected by the people. This was a sore disappointment to Mr. Clay's friends and to none more so than to Col. Gaither, and, indeed, the whole North Carolina delegation.
In July, 1841, President John Tyler appointed Col. Gaither Superintendent of the Mint, at Charlotte, which position he held for two years and then gave way to Green W. Caldwell, who was more of a Tyler man than Gaither. Closing up his accounts promptly with the Government, Col. Gaither turned over the Mint to Caldwell and resumed active practice of the law. Subsequently to this the discovery of gold in California made it expedient to establish a mint at San Francisco, and Mr. Fillmore, being then President of the United States, tendered the appointment of Superintendent of this new institution to Col Gaither, but he declined to accept, for the reason he was unwilling to leave North Carolina.
He represented Burke and Yancey in the Senate of 1840 and was the Senator from Burke, Caldwell and McDowell in 1844, when the Senate was equally divided between the Whigs and Democrats. A week of fruitless balloting for a presiding officer ended by an agreement that B.S. Gaither of Burke, (who had not before been mentioned for the position) shoudl be declared President of the Senate. He gave universal satisfaction. During this session he was elected Solicitor of the 7th Judicial Circuit for four years, and in 1848 was re-elected for a second term of four years. Eminent judges have said that he was the ablest prosecuting attorney who had ever appeared before them.
Col. Gaither represented this district both terms of the Confederate Congress and was distinguished for his manly bearing during all that perilous period. Since then he has taken little part in public affairs except to advise the younger generation. It can truly be said of him that he was an able lawyer, a faithful representative, a gallant, chivalrous gentleman whom no danger could appall and no menace could intimidate.
