New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-12-26


no had been accustomed to try when sitting Judge at
mis-, pus, that he must devote TO his calendar weeks
instead OF days Slowly but surely, by the aid OF won
derfu insight which enabled him to carry the torch
light OF investigation deep into the most difficult causes
he mastered new questions they arose. and soon be-
familiar with the principles and practice Of the
law he was called upon to administer, that,
succeeding cases arose, he came to possess
marvellous faculty OF reaching the point
in controversy, not by intuition, but by process
OF investigation aud reasoning of which he never tired
until be had laid open the and exposed to view the
question 70 be determined therefore IL was that he
would listen earnestly to the arguments Of counsel and
ever seem resolved before they concluded to ander
stand the points on which the finally turn
unlike those judges not unfamiliar to the bar who
seem Indifferent to the argument as 1t proceeds write
notes and confer with each other upon foreign subjects
while counsel address them, evidently impatient that
the brief time allotted to them may end that the papers
In the may be packed away, to be reopened and
examined only when the little they have learned upon
the argument shall have been utterly forgotten
1t was the contrary the habit of this great Judge to
labor most earnestly during the trial and upon the
gument Of causes; and again and again would he de-
scend from the bench especially when complicated
ehnery specimens illustrative Of science, models
intended to develop the relations Of ooding
ships have before him, and by their close and
peated study strive to understand the real points IN
controversy that counsel felt that they were addressing
Judge deeply interested in the oausedetermined TO
appreciate and apply their reasoning II sound and
thereafter he would so Instruct the jury dispose Of
the case TO satisfy suitors and their counses that he
had mastered the controversy and 1t was only In rare
instances that appeal or writ Of error from his de-
esions was advised Indeed. it is well knownand the
most eminent Judges Of the national courts have deemed
1t no of themselves to saytha so familiar
had be become with the Jurisprudence involved In the
administration OF the Patent laws OF this country-so
thoroughly did he investigate questions OF science and
northumberland so sound judgment was he known TO
form on these that his opinions concerning them
were by courts and counsel accepted as Of greater au
hority than those of any other judge until finally and
for many years before the close Of his abors at the Cir
cult patentees felt that when he had udieslly passed
upon their rights they were substantially settled and
hence there before him repeatedly from distant
points cases nvolvin The validity OF the most valuable
patents in the country and to his decisions the parties
generally submitted without appoa..
On questions Of admiralty and maritime law he came
belconsidered great authority aud, indeed, he had
mastered the principles which underlie the admins
traton Of almost every branch of the law, and was
known apply them conscenously to cases after he
had carefully studied the facts involved, that the most
eminent members OF the American bar will unite in say
ing that take him for all in ALL he may be favorably
compared with any magistrate living or dead.
For length and variety Of judicial service history af
fords scarcely ia parallel in the life Of any other
Lord Mansfield became Chief Justice OF England at the
age Of 81 and at the age Of SO resigned his great office
after orator statesman and judge which has
made his name ilustrous. II he, while Chief Justice
was as member OF the House Of Lords and ofihe Cab
met compelled to perform duties not devolved upon
Judges this country it should be borne in mind that as
Chief Justice Of a Court OF Common Law he vas when
sitting there relieved from the study and administra
ton most difficult branches of the law, which
Judge Nelson obliged In his judicial place 10 mas
ter and administer And to proceed with the parallel 1t
was and is the opinion Of many Of our most thoughtful
men, that II he. at most critical and eventful period OF
our history been nominated to the highest office In
the C1ft Of our people, q terrible might have
been averted. He has never when tried been found
wanting and when the GOODNESS and wisdom and deep
insight OF the dpomatst needed 10 deal with ques
lions which involved not only the law Of nations but
national honor the solid sense OF an honest Secretary OF
State approved by the patriotic will of the President
selected Judge Nelson OF High Commission TO
compose controversy which ranked in the hearts and
Disturbed tho judgments OF millions of people, and TO
this great and substantially his lifo
he brought the solution Of the questions involved so
much Of gentleness and courtesy, coupled with such
sagacty and mental power much persuasveness and
learning and such conscientious frankness that every
British member Of the Commission yielded TO him re-
spect and confidence and every American member sd-
niratiOn and reverence
Devoted to this great national service be ceased to be
thoughtful
close for tmel subjected him to painful consequences
from which he but slowly recovered He is and for
some time past has beenn the erectness and carriage
of his figure the cearness and strength OF his intellect
IN hist cheerfulness-much as he was 20 years ago.
There lie natural curiosity TO learn what are the pec
arites Of temper of habits Of fe Of the few who have
carried their great abors with rm pose to the age
OF so years social intercourse he was ever gentle
oourty genial never descending to familiarity which
eneours red the sghtestdsrespect and never repeng
that close intercourse Of friendship which yields TO lie
its greatest Joy he master Of his appetes;
and though not rejecting the food aud the wine
which strengthen the body and make glad the heart
he was sparng the former aud with eicurean taste
selected the latter the most pure and delicate In
the courtroom, he could execute an iron Will with
pdness of expression and OF language, oack OF winch
those who knew him well could read unaterabie nrm
meas But whether the bench or at the domestic ure
de in the saloon OF fashion, az the banquet table, or
upon long aud wearsome travels never was he forgefu
of the rights OF others. OF that true dignity and
III oh breeding which awe and command the vulgar and
win the respect aud admiration OF the best OF our race
It Is remarkable fact, that although comparatively
few we're associated with him. very many who have Out
slightly known him regard him with feelings OF Affection
de formed his opinions Of men slowly, and II uniavor
able rarely expressed them, and then not unkndy but
with eepteness When Lord Mansfield resigned In l7ss
and the desired TO testify its appreciation OF MS
10 was thought wise not TO call meeting OF the
whole ar OF England, as in that case 1t would have
been necessary 70 call upon Sir John Scott then Attor
ney General preside, who was supposed to be willing
az the phrase was TO "vpend" himand hence meeting
Of the Kings Bench bar called at which Erskine'
long It's leader presided Htwere practicable
20 can meeting OF the American bar upon this
similar event in the life Of Judge Nelson, 1t Is SAFE 10
affirm tina, no eminent member OF It, speaking from his
heart would fail TO confirm all that had been said OF him
All would testify their respect and admiration for this
great Judge and all would unite In the hope that the
irht he nheerfll. unQiS-