Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1872-12-13
The 4. s. Supreme Couri.-Reilrement Of Judge
Nelson.

| His high character as an upright and fear
less judge, the long duration of his service
on the bench, almost without precedent,
and his consequent wide aud well known
repute, extending beyond professional cir
cles contribute largely TO this general in
terest Nermonters had an additional inter
est in Judge Nelson. from the fact that he
was graduate Of Vermont College, and
has commonly presided over tie l. ;.
Courts for Vermont, for nearly thirty years.
He was born in Hebron, Washington
County. New York, in 1892, graduated at
Middlebury College in 1913, and made his
first appearance in public life as a member,
(elected by the democrats) of the Constitu-
tional Convention Of New York, in 1921.
Judge Hammond, in his - Political History
of New York. published in 1913, says that
although young man, he was among the
most distinguished members Of conven-
ton that presented an array Of talent, po-
Iitical experience and moral worth, perhaps
never surpassed by any assemblage OF men
elected from a single State In 1893, at
the early age Of thirty, he was appointed a
Judge Of the Circuit Court of the State OF
New York. The duties Of this office, which
was a creation Of the constitution just then
going into effect. were almost identical with
those discharged by judge of the present
( Supreme Court of the State. There were
eight of these circuit judges, and the SUI
preme Court proper consisted Of only three
members and was purely appellate tribu-
nal. OF the eleven supreme and circuit
Judges who took Office at the same time with
/ Nelson. he alone survives. lie remained a
a circuit Judge till February, 1881, when
be was appinted an associate justice OF the
supreme Court of that State, in place OF
William L. Marcy. who had resigned on
being chosen L : senator. In September,
1896, Judge Nelson became chiefjuStice OF the
Supreme Court of New York, and held the
position until March, 1915, when he resign
ed on being appointed an associate jus
tice Of the Supreme Court Of the United
States. ,Iadge Nelson was ON the supreme
bench of New York fourteen years. All
those vino occupied seats by his side during
that period are dead.
On the 18th of February, 1915, he was APP
pointed by President Tyler, Judge of the
United States supreme Court in place OF
Judge Thompson, deceased His contirma-
ton BY the Senate was marked compliment
To Judge Nelson, a. they were politically
opposed to him. and had pre-, iously rejected
the nomination of John c. Spencer and re-
fused to act upon that Of Chancellor Wal
worth for the same position, although both
of these gentlemen were able lawyers. and
well qualified to adofn the bench How
well he performed the duties Of his high
station, the current judicial history of the
country atte,ts When he first took hi.
place upon the supreme bench of the United
States, that court consisted of nine mem
bers. All whom he found on the bench ar,
gone The greater part Of them died many
years ago Indeed, all who We're on the
bench with him 50 late a. the outbreak OF
the rebellion are dead. except two. Il has
been known for a year or Two that Judge
Nelson intended, if his life was spared. tc
fill out the term of fifty years service on tn,
bench, and then to retire This b,
has done, retiring on full pay under
the act of Congress of ls69, which
provided that ANY iadge of any United
States Quart, who, having held his com
mission is sach at least ten years
shall, after having attained to the age OF
seventy years, resign his office. shall there
after, daring the residue OF his natu.al life
receive the same salary which was by law
payable % him at the time of his resigna-
ton"
The fact, we have mentioned show that
Judge Nelson's judicial career has been a
very remarkable one. We have no recol-
lection of another instance. either in this
country or in England. where a man held
such high Judicial positions for half a CEN
tury without the interregnum Of a single
day Mansfield and Marshall. famous for
their long tenure on the bench. fell far
short Of Nelson Judge Nelson has Just en-
tered upon his ol>t year Although the
Oldest occupant of the supreme Bench. be
was not surpassed by any Of hi, associates
in legal ability or mental ,igor He was
always able, learned, Industrious and up
right In acknowledgement of his legal ac-
quirement> and judicial ability. he was APP.
pointed By President Grant one of the MEM
berS Of the Joint High Commission, on
the part of the United States, and it j. UNI
derstood that the commissioners relied great
ly upon him in all questions of legal CON
,truction. lli- last official act was TO afix
his signature to the Treaty of Washington
In his retirement he will be accompanied
by the best wi~he, of hi, countrymen, of all
parties.
Judge Clifford will be able TO retire next
year, as he viii be seventy years ofage On
the 18th Of August, and he will then have
been on the bench nearly fifteen years.
The fitness of the appointment of Hon.
Ward Hunt of Utica, y. Y, to succeed
Judge Nelson on the Supreme Bench Is gen
orally conceded. Judge Hunt was for a
/ long time one of the foremost members of
the bar in Oneida county, y. Y. and was
/ conspicuous for purity of character. and his
ability in his profession. In 1865 he was
elected Judge ofthc y. Y. Court Of Appeals
4. / al