New-York tribune., 1873-12-15
SAMUEL NELSON.
Dp.ru OF VENERABLE JURIST.

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ex-kssociate Justice of the United States Supreme
Court il announced At the time of his retirement
from his official duties. about year ago. his posi-
tn "a one of the most eminent jursts of this cOun-
trv end of the present ago was freely conceded In
the high qualifications required for the various sta
tions he filed during long and industrious life, be
has left no superior; and respect TO the conscien-
tious and thorough study which preceded bis Judg-
ments and their clearness and accuracy when deliv-
cred, it will probably be long before we know ms
equal.
Judge Nelson was born Nov 10. 1872. at Hebron,
Washington County in this State, whittier his
father had emigTated in q company OF settlers rom
theNorth of Ireland more than century ago. Like
so many of the eminent men of the generation that
passing away the studies of his carrier years IN
tho district schoOlhouse Aere alternated with labor
upon the paternal acres. He was fitted for college
ut the Granville Academy, of which Salem Towne,
once the preceptor of Gov. Marcy, principal He
entered Middlebury College, Vermont. at 10. and
graduated two years later in lSl3- HIS studies for
his chosen profession began in Salem in the office of
Savage & Woods, who were both able men, Savage
becoming aferward ChiefJustice Of this State, and
Woods holding JudgeShip in Madison County
The firm dissolved when Nelson bad been with them
two years, and Judge Woods moved to Mad
County, tne young o'uo0He
companying him. He was admitted TO the bar in
January 1917. and began practice in the village OF
Cortland His first suits were confined to the mar
row arena of the Justices courts but in trying his
first case in the Court of Common Pleas, he detected
an error in practice on the part of his opponent pro-
cured stay of proceedings, and the execution
already entered being set aside, tried his case, and
rained it, This success at brought him reputa-
tion and clients His first appearance in politics was
in 1920 as Presidential Elector, the vote
of the State being given TO James Monroe and Dan
iel d. Tompkins. He was appointed very soon after
ward postmaster of the village. through the efforts
of Elisha Litehfed, then member of Congress from
that district. The same year he acted as delegate
from Cortland County in the Constitutional Conven-
ton devOiing himself especially to the excision OF
the property qualification for voters, reform which
very few states had then been bold enough to adopt
In 1923. Gov. Yates nominated him as Circuit Judge
for the district which included the counties of
Broome Cbenango, Cortland, Delaware Otsego,
Toga. Tompkins, Steuben. and Yates. This post he
hold for eight years. proving himself equal to every
emergency, and coming sterling reputation as al
able lawyer and an upright. fearless Judge.
On the 1st of February, 1881. he was made Associ-
ate Justice Of the Supreme Court of this State.
Here, by a curious coincidence, preceptor and pupil
had guided Nelson's first steps in the of the
Law, being Chief-Justice At that period the jurs-
diction of the Supreme Court was confined almost
entirely to questions of law, equity jurisdiction
being vested in the Court of Chancery. After six
years service in this position, he promoted by
Gov. Marcy to the Chief-Justheship and presided
the Court for eight years, at period when its
decisions were quoted final in every State in the
Union aud respected as authority in the courts of
England He was elected q member of the Consti-
tutional Convention of 1916. That body wrought
great change in the jurisdiction and composition of
the Supreme Court, making the Judges elective,
and extending its jurisdiction so as 10 include all
equity cases. but he was not to feel the decline in the
authority and influence of this Court which followed
these sweeping notifications. He was appointed
by President Tyler to fill seat the bench of the
Supreme Court of the United States left vacant by
the death of Smith Thompson. in 1874. This was
moro than promotion it was transfer to neld
of labor which presented many and varied difficult
tics to "A Judge whose previous work. while thor
ongh aad succes ssfal. had been in comparatively
narrow sphere He could never have become the
great Judge lie did unless there growth IN him.
and no soon showed his adaptabilty to his new
duties He took his seat first in the Circuit Conrt
in this city. and soon dIspelled by his acute
ness earnestness sound Judgment and erudlticn,
any doubts that might have been entertained
of his fitness for this position. His decisions were
rarely appealed from and came to he leading
authorities on questions of admiralty and maritime
law. In the Supreme Court, his decisions did more
than command the respect of bar and bench they
were conclusive and unanswerable. In the famous
bred Scott case. however, Judge Nelson concurred
in the decision of ChiefJustice Taney, urging that
IL Congress possessed power under the Constitution
TO abolish slavery it must necessarily possess the
like power TO establish IT," During the war his
conservatism as well as his lifelong political an-
ties led him 10 regret many encroachments Oh the
military ON the civil power but his relations with
,ba Administration were as harmonious shIs loyalty
WAS undoubted. 1t is a proof of his judicial even
ess shat his relations with administrations OF Such
varied politics cordial and that his counsels
were often sought abstruse questions Ot the four
Justices whose position OH the Legal Tender question
was overruled by the novel expedent OF appointing
additional Justices onlytwo, Clifford and Field now
remain alive Chase anb Nelson having passed away
In 1871. Justice Nelson was appointed by President
Grant to serve as q member of the Joint High Com
mission TO arbitrate the Alabama claims the part
of the United States. His special proficiency in
international jurisprudence dictated this appoint
ment and it is but moderate praise 10 say that IN
this as in every other respect he far oyertopped
every other member of that Commission, whether
Fnglishman or American. The delicate and respon-
sible duties here imposed upon him compelled q
temporary cessation of his attendance on the bench
and enfeebled as he by age, it was evident that
his strength was undergoing heavier drafts than 1t
could safely endure. Exposure to cold during the
final sessions of the Commission. the fires having
been allowed to 60 out, it is said brought on a
serious attack of lumbago. He returned to Coopers-
town still suffering from its Effects and spent quiet
Summer but at the end of that time found himself
unable to return TO the seat which he never occupied
again.