his points with an ingenious argument fortified by competent authority, and the court sustained him.

This trial was witnessed by a large number of students and many other spectators; its result placed George conspicuously before the public, while it rendered him famous in the college. From that time, he had more retainers than he could possibly attend to; and though his receipts from them were considerable, they were not sufficient to defray all his expenses, and he was obliged to incur a small debt to the college, which in a very short time after graduating he promptly paid.

Among his classmates were the late Preston King, Hon. Rufus W. Peckham, W. W. Campbell, Minthorne Tompkins, Ambrose Stevens and other gentlemen who are now, or have been, eminent before the public. Several gentlemen who afterwards became his fellow citizens at Buffalo were in college with him, members of a junior class.

On the 27th day of July, 1827, Mr. Barker graduated with honor. He delivered a commencement oration which revealed the energy and power of his mind -his refined taste, original thoughts, robed in a well tempered imagination. Soon after graduating, he visited Buffalo; so pleased was he with the appearance of the village, as it was then, so palpably did he behold its future business developments, that he decided to make it his future home. On leaving Schenectady, Mr. Paige gave him a letter of introduction to the late Stephen G. Austen, Esq., a leading lawyer of the Buffalo bar, in whose office Barker immediately entered as a student at law. With the exception of Mr. Austen, he was a stranger in the new home which he had selected, and his means were exceedingly limited. The struggles and difficulties which lay before him did not impede his progress; they rather accele rated it. He at once engaged in the trial of causes before courts held by justices of the peace in the village, and in various parts of the county. The experi

ence of several years' practice in these courts while in college, rendered him a strong advocate before them.

Hon. Millard Fillmore was then a young lawyer, just admitted to the bar; he was often an opponent of Barker, and it is said by those who witnessed their early professional contests, that frequently, in the trial of a cause before a justice and a jury, intellectual powers and legal learning were exhibited by them which would have been creditable before any court. These young men were entirely different in their minds and intellectual development.

As a speaker, Mr. Fillmore did not possess that brilliancy-that electrical influence over his auditors -which Barker did. But he possessed in a high degree, that weight and strength of intellect, that power of discovering what is prominent and commanding in a subject, and then seizing upon its good points, and of throwing lesser matters in the background; thus securing unity and distinctness of impressions, and as a consequence, a powerful influence over his hearers. His arguments were always remarkable for the soundness of the principles on which they were based. He was the untiring, ever-watchful sentinel, who guarded his subject, and protected every avenue through which an opponent could approach it. These characteristics distinguished his legislative speeches, and tended to strengthen those able, learned and dignified State papers which emanated from his pen, in those days, when, as an American statesman, he stood conspicuous before his country and the world.

Mr. Barker invoked in support of his arguments, not only the muse of poetry, but the assistance of a subtle philosophy, and an eloquence which fascinated, charmed and subdued. The career of these young men, thus commenced, led to their future eminence and distinction; the one to be admired as the lawyer and legislative orator, the other to be advanced through all the spheres of official position, until he occupied the executive chair of the nation. Both of

them are characters worthy the imitation of young men. They were each the artificers of their own fortunes, each attained their eminent positions unaided by friends or wealth. Their lives and career attest the glory of our institutions, proving the couplet of the old poet true:

""Tis a common proof

That lowliness is young Ambition's ladder."

With untiring energy and industry, Barker sustained himself with credit and honor until October, 1830, when he was admitted to the bar. He had been a close and ardent student, with his legal studies he had investigated the politics of the nation, the origin of parties, he had carefully marked their distinctive characteristics, and their influence. From reason, conviction and inclination, he early attached himself to the Democratic party.

George J. Bryan, Esq., in his interesting memoir of Mr. Barker, thus speaks of his early politics:

"At the time of his arrival in Buffalo, the State was agitated by the conflicting strife of three political parties: the Jackson, or Democratic party, the National Republicans, and the Anti-Masonic party. In his district, the eighth senatorial, the Anti-Masonic party prevailed by a very large majority, over both the others, and the Democratic party was the smallest of the three. Actuated by no motive but principle, he did not hesitate in which of these parties to enroll himself; regardless of interest, immediate or remote, and fully sensible of the hopeless minority of the Democratic party, he fearlessly entered its ranks, and with all his energy, zeal and ability, entered into the support of General Jackson and the principles of the Democracy."

There was something in the name and fame of "Old Hickory," as he was familiarly called in those days, peculiarly attractive to young and ardent minds like Barker's; nor can it be denied that the experienced,

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the middle-aged and the old, were equally fascinated by the prompt and undaunted valor and Roman heroism of him who in youth swore "by the Eternal," that he would make his way to fame.

Immediately after being called to the bar, he formed a copartnership with his friend and patron, S. G. Austen, Esq. Though the Erie bar had not attained that high reputation for ability which has since distinguished it, yet at that period, Barker was obliged to contend with men of eminent and powerful abilities, experience and learning; but he entered the arena with confidence, and he at once assumed a position of great respectability at the bar.

The first official position which he occupied, was that of clerk of Buffalo village, to which position he was appointed in 1829. This office did not in any degree interfere with his legal labors, and his professional advancement was unusually rapid. There were in the character and manners of Barker features which were highly attractive; prominent among these, was the singular grace of his conversation which abounded in wit, fully instinct with a variety of knowledge, diversified with reading and anecdotes of rare interest. There were times in the latter part of his life when he was not in a pleasant humor-times when a habit which all who knew him regretted, caused clouds to settle over a temperament bright, clear, and, at times, even beautiful.

The selfishness with which he was sometimes charged, did not really exist in his character. Those who knew him best, insist that he was generous to a fault. An instance is related which occurred in his early practice that illustrates very many of the tendencies of his character.

In October, 1832, he was detained at Albany for two or three days, awaiting the arrival of certain persons with whom he had important business. At this time a Court of Oyer and Terminer was in session. in that city, at which the late Judge James Vander

poel presided. The next morning after his arrival, he sought the court room for the purpose of passing away the time in observing the proceedings of the court. His route led him by the old Albany jail. Just before reaching that grim receptacle of crime and misery, two officers, having in charge a pale young man, apparently about twenty-one years of age, came from the prison, stepped upon the walk directly in front of him, and moved in the same direction he was going. The prisoner was of middling size, slender in form, with agreeable, pleasant features. As he reached the street, the pleasant sunlight, the pure, soft air of that October morning, seemed to exhilarate him, and his dark eyes glanced with something like happiness, as he lifted them to the clear sky, "where all things are free." The three persons walked with a rapid pace towards the court house; they had proceeded but a short distance, when they were met by a very respectably appearing, decently clad woman, about forty years of age. The moment her eyes fell upon the prisoner, she sprang forward and clasped him in her arms, exclaiming,

"O George! George! My boy! my son!"

The sudden appearance of the woman caused the officers to halt.

"Mother, why did you not wait at the court house for me?" said the prisoner, endeavoring to smother his emotions.

"Because I did not see you there, George; and I thought perhaps you might not have your trial today, after all, and I started to see you at the jail. O my boy! my darling!" said the poor woman, her voice now broken with sobs; "are they going to try you now?''

"Yes, mother, I am to be tried to-day; but calm yourself, I trust all will be well with me, for God above us knows that I am not guilty," said the young man.

"You guilty, George? you guilty?" O no, no! you are not. You cannot be guilty, you are so good,