Year: 1873




Tho writer of tns remembers the occasion when Judge
Nelson frat took his seat the Bench OF the Circuit
Court as the OF Judge fhompsoh IN the CITY
of New.Yort A brilliant and learned array OF counsel
we're present. nearly all of whom nave since gone 10
their eternal rest. As be proceeded day by day with
bls work no learned with surprise that al
,nouvb tho calendar contained but few cases.
thew were so serious and complicated 80 fun OF
grave questops unlike those he hau peoh accustomed
IN trv when sitting as Judge at ni pi that he must
dovoto m his calendar weeks instead OF days Slowly but
sre,v nv tho aid OF wonderful insight which enabled
him TO carry tho torchlght OF nvessg''oh ueep INTO
the most difficult causes. he mastered ho" questions as
they arose and soon became 80 fainar WIN tho pi-
cues and practice of the law no was called upon to adj


minister that as succeeding cases arose. no caWe 10
nosess as marvelous a faculty OF reaching the point
4, coptrovorsv NOT by intuition, but by process OF in
yesigaton aud reasoning Of which ho never tired until
he had laid opon the case and exposed 10 view the ques
ton To be determined therefore II was that he would
listen earnestly to the arguments OF counsel and
ever seem resolved before thcy concluded 10
understand the points on which INC case
must finally turn -unliko those judges, not
now unfamiliar to the bar who seem Indifferent To
tho argument as it proceeds write notes ana CONFER
with each other upon foreign subjects while counsel ad
dress them, evidently impatient that tho brief time
allotted 10 them may end. that the papers In she case
may he hacked away TO be reopeued aud examined only
when the little they have learned upon the argument
shall have been utterly forgotten.


r. on the contrary the habit OF this great Judge
N labor most earnestly during tho trial and upon the
argument OF causes and again and again would he de-
scend from the bench. especially when complicated
machinery or specimens illustrative or science OF


ndos o yessels intended develop the relations OF
colliding ships have been before him, and by their
cIose and repeated study TO strive TO under
st,nd tbe real points I'm controversy. that counsel
5e that they we're addressing judge deeply interested


in the cause determined to appreciate and apply their
reasoning sound and thereafter he would 80 instruct
or dispose OF the case as to SATISFY stots ana
their counses that ne had mastered the controversy
and il WAS only in instances that an
appeal or writ OF error from his decisions
was aiy,sed. Indeed it is well known--and
the uo,t eminent Judges of the National courts have


eered # no dsraragement themselves TO say-that so
familiar had he become with the Jurisprudence
involved in the administration Of the Patent
laws OF this cOuntry-so thoroughly ud ne
investigate questions OF science and mechanics
and 80 SQUAD a Judgment was he known
70 form on these subjects that his opinions concerning


them were by courts nnd counses accepted OF greater
authority than those of any other judge, until unas
and for many years before the close Of his abors at the
Ccuit patentees fo that when no had udcial passed
ppon their rights they were substantially settled and
hence there came before him repeatedly from distant
polnts cases involving the validity Of tho most valu
able patents in the country, and 30 his decisions
the parties generally submitted without appeal


On questions OF admiralty and maritime Law he came
to be considered great authority. and. indeed he haa
80 mastered the principles which uuderlie the admins
traton OF almost every branch of tho law, and was
known 10 apply trm cOnscieuto13ly TO cases after
he had carefully studded tho facts Involved that tho
most eminent members Of The American bar viii unite
in saying that, take him all in AL he may be ayoraOy
cOmparod with any magistrate LIVING ar dead.


For length and variety Of judicial service history
affords scarcely parallel in the life OF any other man.
Lord Mansfield became CbofJustice OF Engiand rt the
age OF 81 and mt the aga cf 80 resigned his great ocs
after a career as orator. sratesmIn ana judge, which
has made his name illastrlous. II he, while Chief
Justice was member OF tho House OF Lords and Of
the Cabinet. compelled perform duties not dsvoiTed
upOn Judges this country, il shoudbc bOrGe In mind
that as Chief Justice OF court OF common law Re was,


when sitting there, relieved from the study admin
straton Of several most dcut branches of tho law.
which Judge Nelson obliged IN his Judicial plarc to
master and administer. And TO proceed with the pars
IcI 1t was and ia the opinion OF many OF our most
hou-htfu that II he, at NOS. critical and event
ru period of our history had been nominated to the
highest office tho gift OF people. terrible war
might have been ayerted He had never. when tried
been found wanting and when the coolless and wis
dom and deop insight Of the dipomast needed TO
dtal Win QucSLlOuS Ohiy tHo IA" "a
nations bu, national honor the solid o' honest
Secretary of State approved by the patriotic will the
President, selected Judge Nelson OF
the High Commission to compose conro
veisy which ranked the in hearts and disturbed
tho iudgments millions OF people: and TO this great
aud Substantially last public duty OF his life be brought


TO the solution OF the questions involved 80 much Of


eueness and courtesy coupled with such sagaciy and
mental power 40 much persuasyeues5 ana learning,
on frlDknpss Rri
member OF the Comm sion yielded 20 him respect and
confidence. ana every American member admiration
and reverence.


Devoted to this great National service. ho ceased 70
be Thoughtful OF his health and a cold taken
its closs for a time subjected him to painful con
sequences. from which no but slowly recovered. Ho
ia now and for time past has been-in the erect
ness and carriage OF his hgure in tho oIearnes and
strength Of his intellect, his cheerfulnessnuch he
was 20 years ago. There Is natural curiosity
TO learn what tho pecufares OF temper, OF habits
OF fe or the few who have carried their great labors
with 80 rm poise the ago of 80 years In social In
tercourse he was gentle. oourtly, genial, never
descending TO "a familiarity which encouraged the
sg ghtest dsrespect and never repeng that close in
tcrcourse of friendship which yields TO life It's
greatest 10y ns was master of his appetites;
aud though not rejecting the food and the wine which
strengthen the body and make glad the heart he was
sparng o the former. and with epcurean taste selected
from the latter the most pure and delicate In the
courtroom he could execute an iron will with mid


ness expression and OF language back Of which those
who knew him well could read unalterabls frmne.s
But whether tho bench or at the domestic resdo In
the saloon Of fashion, at the banquet table, or upon
long and wcarsomo travels. never he forgetfu OF
the rights OF Others of that true dignity aud high
breeding which awe and command the vulgar and win
tho respect and admiration Of tho best OF our race


1t is remarkable fact. that although comparatively
few we're associated with him. vcryimany who have but
slightly known him regard him with feelings of asc-
ton. He formed his opinions OF mon slowly and II un
fayorably, rarely expressed them, aud then not IN.
kindly but with genteness. When Lord Mansfield re-
signed in and the bar desired to testify its apprec
ton OF his chara cter IL was thought wise not to call