Historic Burke County Courthouse

The Historic Burke County Courthouse was constructed by builder James Binnie and stonemason Frederick Roderick between 1833-1835 at an estimated cost of $12,000. It replaced a “shabby, weather-beaten” plank courthouse constructed in 1791. From 1847-1862, the Historic Burke County Courthouse hosted August sessions of the North Carolina Supreme Court. During the Civil War, Union cavalry members allegedly stormed the courthouse, a part of "Stonemans Raid" resulting in the destruction of many records, including property deeds. The building was renovated by Frank Milburn in the early-twentieth century with a Baroque Cupola and stucco. When a modern courthouse was constructed in 1976 nearby, the Historic Burke County Courthouse closed its doors. Over time, it fell into disrepair and was threatened by demolition. Having been added to the National Register of Historic Places in 1970 and due to the efforts of a dedicated group of citizens and the local and county governments, the building was preserved and reopened to the public. It is managed by its founding preservation organization, Historic Burke Foundation, Inc.

In 1830 the Burke County Court of Pleas and Quarter Sessions decided that the County needed a new courthouse to replace the “shabby, weather-beaten” plank courthouse that had been built on the public square in 1791. The General Assembly of 1830-31 authorized it to spend $8,000 and named five commissioners to oversee the construction. In the 1832-33 sessions, the General Assembly increased the amount to $12,000.

James Binnie, a Scottish builder, was awarded the contract in 1833. He built the courthouse of native stone quarried on the Forney plantation about four miles north of Morganton. Frederick Roderick, a German stonemason who later established his home in Burke County, assisted Mr. Binnie with the construction. The building was put into use in 1837.

From 1847 until 1862, the North Carolina Supreme Court held its August session in the Historic Courthouse for the convenience of lawyers from the western part of the state who were arguing appeals from the Superior Courts of their respective counties.

During the Civil War, on April 17, 1865, Major General George Stoneman occupied the building and destroyed most of the County’s records.

In 1885 the exterior of the building was covered with stucco. In 1903 a major renovation designed by architect Frank Milburn of Columbia, SC raised the porticos and replaced the simple classical cupola with an elaborate one of Baroque style, giving the courthouse its present appearance.

The Historic Courthouse was in continuous use until 1976 when the present Burke County Courthouse was completed. The effort to preserve the Historic Courthouse began in 1978. The restoration, completed in 1984, was accomplished with the joint efforts of Burke County, the City of Morganton, and Historic Burke Foundation.

The North Carolina Supreme Court met in the Old Chowan County Courthouse in Edenton in 2004, and again in 2013. In 2015, Governor McCrory signed Senate Bill 161 into law (S.L. 2015-89), allowing the court to meet in Morganton once again, “…the court shall meet in the Old Burke County Courthouse, the location of summer sessions of the Supreme Court from 1847-1862.” After 155 years, in 2016 and again in 2018, the court once more held session in the Historic Courthouse. It continues to host the Court at every opportunity.

Historic Burke County Courthouse, Historic Burke Foundation Inc. Accessed February 23, 2022 https://www.historicburke.org/historic-courthouse.