The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-10-16

Rensselaer, Nelson studied law in the
offices of J. R. Whiting, of New York
city, and George A. Starkweather, OF
Cooperstown. There the student was
admitted to the bar in 1S49. He began
his practice at Buffalo,. N. Y.
The following year Attorney Nelson
came to ST. Paul. He arrived May l.
and learned the same day from Land
lord Jacob Bass, of the St. Paul house
(now the Merchants hoteD that the SOC
st. Paulites included fifty lawyers
mostly starving" But he ignored the
landlords advice to Ego back. East "
Five years later he was able to decline
a proffered nomination as territorial
delegate to congress.
Soon afterwards. in 1854, Lawyer
Nelson removed to Superior, Wis.,
helped to organize new county there
and have 1t named for his friend, Ste
phen A. Douglas, and was then ap-
pointed by Gov. Barstow attorney for
that county. But in the fall of 1855 the
wanderer came back to young st. Paul
When attorney Nelson was thirty
one, President Buchanan. in April, 1857
selected him to be territorial or fed
eral judge for Minnesota. The new
judge held one term only-in January
1S5S-and he wrote two opinions
Saved ST. Paul the Capital
But among his valuable work in
chambers he secured for st. Paul the
capital of the territory and the future
state. After an original bill removing
the capital from St. Paul to St. Peter
had been lost or stolen, a substitute
bill to the same effect was passed. ST.
Peter residents instituted mandamus
proceedings to compel the removal OF
the territorial offices to their town
Judge Nelson, before whom the hear
ing was had, denied the writ and thus
made the bill void. He declared that
the previous legislature had exhausted
its power to locate the seat of GOV
eminent, such power not being in the
nature Of a continuous trust
When, May II. 1858, on the adnis-
sion of the state, President Buchanan
nominated Judge Nelson as the first
federal Judge for the district of Min
nesota. the nomination was confirmed
Without the usual reference to commit
tee. After 80 years service, count
ing his territorial Introduction, Judge
Nelson resigned, to secure deserved
rest, on his seventeen birthday, May
Il, 1895. He was then the Oldest fed
eral judge upon the bench.
He passed on nearly every conceiv-
able legal proposition, yet seldom in
deed was his decision oyerruled. 1t has
been said, We may doubt whether any
Judge SO long in service has had SC
few of his decisions set aside"
During the Rebellion Judge Nelson's
attachment to the Union was mani
tested, both officially and personally
as citizen he was zealously patriotic
But in 1875 an opinion he delivered
upon the civil rights bill attracted at
it expressed.
A Model on the Bench
On the bench Judge Nelson was a
model of courtesy to both attorneys
and witnesses, His charges to the Jury
were remarkable for a clearness OF
thought. simplicity of language, that
left neither fact nor law in doubt.
In 1880, when Democratic leaders in
New York were opposing the renomi-
nation of Samuel j. Tilden, and were
casting about for a presidential candi-
date. the name of Judge Nelson came
into high favor. Politicians agreed
that, had he not then, as previously
refused advancement, he might have
obtained with little effort the presi-
Dental nomination.
Eleven years later he received a
complimentary nomination to succeed
knute Nelson as United States sena-
tor.
A genial, cheerful, interesting COM
panion, a sincere friend, Judge Nelson
enjoyed in social life the high regard
he had won in his profession.
He was a son of the Revolution. He
was one of the oldest members of the
Minnesota State Historical society. He
Joined the society as a life member
Jan Is, 1856. e. was one of the found
ers of st. Lukes hospital, and served
long upon its board OF trustees. Year
after year he was reelected president
of the Church Club of Minnesota. He
was baptized member of Christ Epis-
copal church, which he regularly at
tended.
Nov. 8. 1853, Judge Nelson married
Mrs. Emma F. Wright, born Beebee
of New York. Mrs. Nelson died in
1885. or their two daughters, Kate
Russell died at the age of eight years
The surviving child is Emma Beebee
Nelson. wife of Rev. George H. Mueller
formerly Of st. Paul. and now pastor OF
Christ Episcopal church, Albert Lea
A sister of Judge Nelson, Mrs. A
Starkweather, is living at Coopers-
town, n. Y.