Year: 1873

SIR: The resignation of the Hon. Samuel
Nelson Associate Justice of the Supreme Court
OF the United States after uninterrupted service On
the bench of nearly 80 years, furnishes an occasion
rarely found in history for presenting to our bench our
bar and country illustration OF tho benefits which
judicial labor and example may confer when inspired
and guided by that grand common sense-which dis


ngushed author has said Is more uncommon than the
genius for writing good poetry-unted with profound
and varied learning great experience, and stern un-


altering resolve 10 administer justice with an even
hand. The public career of this great Judge IL closed
At an age of so years. with his mental faculties all unn
paired with memory so capacious and SOUND that nc
restate complicated facts III casesong since heard
by him. and forgotten by tho counsel concerned In
them; with mind stored with knowledge from long
converse with books and men with body still healthy
and strong; with cheerful spirit, ana tastes refined
and cultivated. he has gone did Lord Mansfield nt
still advanced age. to the enioyments be so well
loves, farm and garden and book, of home family,
friends he has left the bench not because the grasp
and comprehension OF and difficult questions are
beyond bis mastery, but because he feared his
bodily strength might be unequal to the perform
ance Of that full share or judicial work
involved in the examination OF bulky cases. aud the
writing OF opinions sense OF duty less delicate and
exactipg than his might led him to feel with
of his eminent associates that II he could have sat with
them time longer to hear and bring to the
consultation room the benett OF his great learning and
experience, he would have rendered service TO the
bench and TO the public equal TO that performed by
either OF his brethren lie has however thought IT 10
be his duty resign. He has done and let us
glance briefly at his Judicial life of half
century and IRON that learn more of what constitutes
great gistrate than is taught by the OF any
other This, the most eminent members OF the
American Bar well know, IL no formal unmeoning
praise hut earnest honest tribute which they freely
pay to him this may be added like tribute
earnestly felt aud cordially uttered by his
cigtes. Several Of them who came 10 their great places
amid the storms OF political strlie-liferng widely
from him in their political views-soon learned, in the
calm atmosphere which they sat, feel the noble in


uences OF his grand and just nature realized how
sincerely respected their opinions, with what court
esy and kindness urged his own, and at length
know that hand III hand with him they could safely
search for truth and with him labor for ina practical ad


miustraion OF that justice which, great divine has
said hath It's seat iu the bosom OF God.


The pubic life Of Judge Nelson commenced early. In
1921 he was "A member of The Convention which framed
the Constitution Of the State Of Now-York; aud i'll
April, 1925 he appointed a Circuit Judge. and -
such for many years presided IN civil and criminal trials
at is Ji1 The writer of this first saw him after he


had become CHIEF Justics OF the supreme Court OF the
State of New-York when that Court was composed OF
three judges whose principal duty it to hear and
decide questions of law. IC then tribunal
of great dignity and learning with fame
So Iustrous decisions had long been cited
authority Hall, and in al the states OF
the Union where the common law prevailed The dig
nifty Of this Court not lesscned. nor its luster
dmmed during the period Judge Nelson there presided
nor indeed was its authority sensbly impaired until 1t
was oblfefated 1916. when upon It's ruins was
constructed the discordant judicial System with
us elective judges which, with important notifications
lately made s prevails. Neither lawyers nor sntors
need be told that with tho introduction OF this change
commenced decline courts until at length the
Judiciary Of the state OF New-York, which had long
constituted great part the glory Of its history be
come a reproach and by-word. Bench and bar, IN ac
corGance with inevitable law sunk together, sympa
tE.zng as they descended.


The causes which led to this unfortunate decay
from which we are nov slowly recovering TO DO
found in the misguided efforts OF socalle1 reformcrs.
Under the old SYSTEM which produced Judges like Kent
and Nelson, and lawyers who were the peers OF any
Bar on earth, tho administration of the Two great
branches OF jurisprudenceIaw and Equty-so distinct
in their natures that neither coders legislators can
abolish the dierence-was conded to different persons.
Euuy was administered by chancellor, assisted by
few vice-Chancelors all learned men, who alone
we're authorized to grant iDJunctons and appoint
receivers-a power rarely, ever. abused
10 assist aud those who sat in the law courts
there existed thoroughly trained Bar no member of
which could open his lips in court until he had practiced
three years attorney could he become an at
torney until he had pursued classical and legal studies
or the latter for period Of years 1t Is strange
but true that OF the arguments employed
TO abolish this judicial system was that the
powers OF the Chancellor, especially that
of granting injunctioDs, msohievous while IL
urged that the profession OF the law ought to be open
to all who. irrespective of mental training could pro
duce certificates OF good moral character. and by rad
ical change In the forms of pleading and practice z
ness and Ignorance attempted 10 he put upon an
equal footing with diligence aud learning, aud with
these helps to reform judges we're made
elective hundred full-blown Chancellors sue
ceeded TO the place OF one. and Of ithe few
and almost at the beginning OF their
rule more inunctons weregrsDted In tho CITY Of Now
York In a single year than had been before Issued
throughout city and State in an entire generation
At length the sphere became hed with them a.
70 give rise to ocose but true saying that an nuno
ton epidemic prevailed.


Before this radical change, which gave us an elective
judiciary, hundred Chancellors. broods of unnedged
LAWYERS to try unpractced fingers upon the har
monies the Code and court Of last resort admirably
contriyed like Falstans civil to offend none but
the yirtuou Judge Nelson, who had already as Circuit
Judge as Associate and ChefJustico OF tho Supreme
Court Of State, judicial fame was transferred
in lsi5 to the bench Of the Supreme Court OF
the United States There and IN the United
States Crcuit Courts he called upon TO
administer branches OF law with which ne was
not in practice familiar; aud some OF tuo Bar OF
the National Courts who entertained Tor MIN Affection
and respect, feared these unIriea au'oS might cause
him embarrassment. The writer OF this well remembers
~ 10 that effect by leaders OF the Bar in the
CITY of New.York who were familiar with Admiralty.
Maritime and Patent law, with neither OF which was II
suppo,ed that Judge Nelson could have become 90
onalpted. IL was also suggested that his long
and severely critical administration OF tho com
mon law. through It's pleadinEs ana praouee' might
have 90 educated him that no would fail in
appreclating tho moro grand. liberal and expannve
systems Of EQUITY Maritime. Admiralty cad intorus
! sonsl Jurisprudence saninisssroa is @s ksassA
.. I'd .sal d. .so. D.. .a.1FsI8 Ins sagHuHI /