CHAPTER XV

MR. JUSTICE NELSON

Samuel Nelson, LL.D., who became a resident of Cooperstown in 1824, made

this village his home for nearly fifty years. At the time of his death

in 1873, he had long been recognized not only as the first citizen of

Cooperstown, but as a man of national reputation.

Before taking up his residence in Cooperstown, Nelson had become judge

of the Sixth circuit, which included Otsego county; in 1831 he was

promoted to the bench of the Supreme Court of the State, of which, six

years later, he became chief justice. In 1845 he went upon the bench of

the Supreme Court of the United States, and served with distinction

until his voluntary retirement in 1872, which brought to a close the

longest judicial career in history, covering a period of half a century.

In 1871 Judge Nelson was one of five members representing the United

States in the Joint High Commission appointed to devise means to settle

differences between the American and British governments, and

contributed not a little to bringing about the agreement which resulted

in the Treaty of Washington.

During this long public career, Judge Nelson retained his home in

Cooperstown, where he was in residence much of the time. In that day the

drift of successful men to the cities had not yet become a law of

growth, and many a big man dwelt by choice in a small community. So it

was with Judge Nelson, who, on retiring from the highest tribunal of the

nation, could imagine nothing more grateful than to spend all his time

in the village from which the pressure of judicial duty had kept him too

much away.

[Illustration: SAMUEL NELSON, LL.D.]

Judge Nelson first became widely known in 1837, when he was appointed

chief justice of the Supreme Court of the State of New York. The court

was then composed of three judges, whose principal duty it was to hear

and decide questions of law. It was a judicial body of great dignity and

learning, with a fame so illustrious that its decisions had long been

cited as authority in Westminster Hall, and in all the States of the

Union where the common law prevailed.

In the Supreme Court of the United States, when he was promoted to that

tribunal, and in the United States Circuit Courts, Judge Nelson was

called upon to administer branches of law with which he was not in

practice familiar, and some fears were expressed that these untried

duties might cause him embarrassment. It was suggested that his long and

severely critical administration of the common law, through its

pleadings and practice, might have so educated him that he would fail in

appreciating the more liberal and expansive systems of Equity, Maritime,

Admiralty, and international jurisprudence administered in the national

courts; and it was also thought improbable that a judge who had been

early in professional life elevated to the bench of a common law court,

would be able to explore and understand the complicated mechanical,

chemical, and other scientific questions, which in Patent causes were

constantly arising for exclusive adjudication in the federal courts.

But these apprehensions were all disappointed. Judge Nelson had no

sooner taken his seat on the bench of the Circuit Court in New York

City,[115] than he perceived that the cases on the calendar, though few

in number, were so complicated, and embraced so many intricate

questions, that they must be mastered according to a method that his

former experience did not furnish. He investigated every new question as

it arose. He listened earnestly to the arguments of counsel, and ever

seemed resolved, before they concluded, to understand the points on

which the case must finally turn. Often he descended from the bench when

complicated machinery, or specimens illustrative of science, or models

of vessels intended to develop the relations of colliding ships, were

before him, and by their close and repeated study strove to understand

the real points in controversy.

Thus Judge Nelson built up a sound knowledge of the principles and

practice of every branch of law which he was called upon to administer.

An appeal or writ of error from his decisions was seldom taken. So

familiar did he become with the jurisprudence involved in the

administration of the Patent laws of this country, so thoroughly did he

investigate questions of science and mechanics, and so sound a judgment

was he known to form on these subjects, that his opinions concerning

them were by courts and counsel accepted as of greater authority than

those of any other judge. For many years before the close of his labors

at the Circuit, patentees felt that when he had judicially passed upon

their rights they were substantially settled, and hence there came

before him repeatedly from distant points cases involving the validity

of the most valuable patents in the country, and to his decision the

parties generally submitted without appeal. On questions of admiralty

and maritime law also he came to be considered a great authority. In his

later years he was so adept in reaching the essential points of

complicated cases that he was generally credited with a marvellous

faculty of intuition. He was not guided by any intuition, however, but

by the results of his careful study and legal experience.

In 1857 the Supreme Court of the United States rendered the famous Dred

Scott decision, which became one of the contributory causes of the Civil

War. Only two members of the court dissented. Justice Nelson concurred

in the conclusion of Chief Justice Taney, who delivered the decision,

dissenting on one point only, and adding that, in his opinion, the power

of Congress could not be one-sided; if it existed to destroy slavery, it

could also establish slavery.

Judge Nelson had gained some acquaintance with slavery in his own home

town, for, when first he took up his residence in Cooperstown, in 1824,

there were a number of slaves in the village. Some of the earliest

settlers had negroes in bondage. Among these was James Averell, Jr., who

worked his tannery by slave labor. One of his slaves, known as Tom

Bronk, was for many years well known in Cooperstown as the servant of

the former owner's son, William Holt Averell, and lived to a great age.

The clumsily written bill of sale by which Tom Bronk became the property

of James Averell, Jr., is still in existence:

Know all men by these Presents, that I, George Henry

Livingston, of the town of Sharon, County of Schoharie and

State of New York, for and in Consideration of the Sum of

three hundred Dollars Lawful money of the State of New York to

me in hand paid by James Averill Jr of the town and County of

Otsego and State Aforesaid At or before the Sealing and

delivery of these Presents, the Receipt whereof, I the said

George Henry Livingston do hereby acknowledge, have granted,

bargained and sold, and by these presents, do grant, bargain

and sell, unto the said James Averill Jr, his Executors,

Administrators, and assigns, one negro man About thirty Six

years of age and known by the name of Tom to have and to hold

the said negro man Tom to the said James Averill Jr. his

Executors, Administrators, and assigns forever; and I the said

George Henry Livingston for myself, my heirs Executors, and

Administrators the Said negro man unto the said James Averill

Jr. his Executors, administrators, and assigns, against me the

said George Henry Livingston, my Executors, and

Administrators, and against all and every other person or

persons Whomsoever Shall and will warrent. And forever Defend

by these presents. And also warrent the said negro man to be

Sound and in health. According to the best of my knowledge in

witness whereof I have hereunto set my hand and Seal the

Second Day of October in the year of our Lord one thousand

Eight hundred Fifteen.

Signed, Sealed, and Delivered

In Presence of

ZACHARIAH HUGER

KOERL VAN SCHAYCK

GEORGE X HENRY LIVINGSTON.

his mark

A group of settlers who came from the Barbadoes brought with them

slaves, who were afterward freed, and the tombstone of Joseph Stewart,

in the Cooper family plot in Christ churchyard, emphasizes, in capital

letters, the fact that, although born a slave, he was for twenty years a

_free_ servant of Judge Cooper. These instances, and an advertisement in

the _Otsego Herald_ in 1799, show that slavery was not uncommon here in

the early days:

A YOUNG WENCH--_For Sale_--She is a good cook, and

ready at all kinds of housework. None can exceed her if she is

kept from liquor. She is 24 years of age--no husband nor

children. Price $200; inquire of the printer.

The act which entirely abolished slavery in the State of New York did

not take effect until July 4th, 1827, on which occasion about sixty

Cooperstown negroes marched with a flying banner and martial music to

the Presbyterian church, where Hayden Waters, a village darkey,

delivered an address that was heard not only by his colored brethren,

but by a large assemblage of white citizens.

Justice Nelson's concurrence in the Dred Scott decision did not

necessarily register his approval of slavery, but only his

interpretation of the law as it then existed. He never owned any slaves,

and was regarded by the negroes in Cooperstown as a powerful friend of

their race. A favorite servant of his household for some years was a

free negro named Jenny York, who had been a slave in her youth. She was

a unique character, famous as a cook, having an unusually keen

appreciation of a cook's perquisites. Choice provisions and delicacies

disappeared through systematic dole at Judge Nelson's kitchen door, or

sometimes being reserved against a holiday, reappeared to furnish a

banquet in the servants' hall, to which Jenny's many dusky friends were

bidden. The current story is that, when Jenny died, the negroes of the

village chose for her grave an epitaph which, at their request, Judge

Nelson caused to be inscribed upon her tomb exactly as they had worded

it. This inscription may still be seen upon a tombstone that faces the

street at the eastern end of Christ churchyard, in the part which was

reserved for the burial of negroes. Jenny was sincerely mourned at the

time of her death, but with the passing of the years no tears are shed

at her grave but those of sympathetic laughter. A just appreciation of

the delicate balance of mercy and justice in her unusual epitaph

requires some definite knowledge of both the virtues and weaknesses of

Jenny York. The enigmatical eulogy reads as follows:

JENNY YORK

DIED FEB. 22, 1837.

AET. 50 YEA.

* * *

SHE HAD HER FAULTS

BUT

WAS KIND TO THE POOR.

When Nelson went upon the bench of the national Supreme Court he became

acquainted with Stephen A. Douglas, who was then springing into

prominence in Congress; and it was said that the "little giant" got much

of the legal ammunition for his speeches from the new associate justice.

More than once Justice Nelson was suggested as the Democratic candidate

for President of the United States, and at the Democratic national

convention held in Chicago during the Civil War Governor Horatio Seymour

of New York attempted to carry his nomination. It was known, however,

that Judge Nelson had declined to allow the use of his name, and had

expressed the opinion that a justice of the federal supreme court never

should be regarded as a possible candidate for political office. Nelson

at this time was in many ways the strongest man on the bench of the

Supreme Court, and Salmon P. Chase, who was appointed chief justice in

1864, placed great reliance upon his advice and judgment. On one

occasion at the table of John V. L. Pruyn in Albany, when his host

addressed Chase as "Mr. Chief Justice," the latter pleasantly

interrupted him--"Your friend Nelson is Chief Justice," he said.

During the Civil War, although a member of the Democratic party, Justice

Nelson won and retained the confidence of the party in power, and his

loyalty was never questioned. He disapproved of what he held to be

invasions of the rights of citizens which were made under military

authority, but never by word or act obstructed the maintenance of the

federal government. President Lincoln and Secretary Seward reposed

great faith in Judge Nelson's wisdom, and in critical emergencies

consulted him upon delicate questions of international law which arose

during the progress of the war.

An episode of the Civil War period in Cooperstown, although the truth of

the matter was a state secret at the time, had a relation to Justice

Nelson that is of interest in this connection. In a visit of the

diplomatic corps from Washington the village enjoyed such memorable

emotions of civic pride that the date of the event, the twenty-first of

August, 1863, was long afterward referred to, by the oldest inhabitants,

as "Cooperstown's great day."

It was said that the entertainment of the legations at Cooperstown was

included as part of an excursion through New York State which Secretary

Seward had planned to impress upon foreign governments the strength and

resources of the North.

The party arrived from Sharon Springs, and had luncheon at the Inn at

Five-Mile Point, on Otsego Lake. Secretary Seward's guests included Lord

Lyons, of England; Baron Gerolt, of Prussia; M. Mercier, of France;

Baron Stroeckel, of Russia; M. Tassara, of Spain; M. Molina, of

Nicaragua; together with the representatives of Italy, Sweden, and

Chili; and several secretaries and attachés of various legations. A few

citizens of Cooperstown, including Judge Nelson, were invited to take

luncheon with the visitors. The master of ceremonies was the Hon. Levi

C. Turner of Cooperstown, who was at that time Judge advocate in the

War Department, and had accompanied the party from Washington.

The luncheon passed without incident, except that a weighty citizen of

the village undertook to demonstrate, for the benefit of the foreigners,

the American method of eating corn on the cob, to the great disgust of a

dapper attaché of the British legation, who was horrified by the

performance. When the guests had left the table, which had been set

beneath the trees, and were lounging about in peaceful enjoyment of the

forest shade and lakeland view, there appeared upon the scene a person

who impressed the foreigners as being a veritable pioneer. He was a

tall, loose-jointed creature, bearded and long-haired; he wore a slouch

hat and a hickory shirt, while one suspender supported blue jean

overalls, which disappeared in a pair of cowhide boots of huge

proportions. This uninvited guest calmly inspected the assembled

company, drew near to the deserted tables, helped himself to a tumbler

and a bottle of brandy, from which he poured out four fingers of the

fiery liquid, and drank it raw. He seemed thoughtful for a moment; then

repeated the dose. Thus agreeably stimulated the stranger made himself

at home in the company, and became talkative.

"I say," he said, bustling alongside the French minister, "you're goin'

to stand right by us in this muss, ain't you?"

The polite diplomat hastened to assure him that the French government

desired nothing but the most friendly relations. The man drew nearer

than was necessary for diplomatic intercourse:

"Honor bright, now, and no foolin'?"

The ambassador repeated his assurance of friendship, and edged away from

the pioneer, whose gesticulations became alarming as he shouted,

"You've got to, don't you see--"

What he wanted the Frenchman to see was the power of the Union

Government, and, as words failed him to describe it, the uninvited guest

attempted to make visible, in his own person, the frightfulness of the

god of War. He leaped into the air, flung his hat on the ground, struck

a pugilistic attitude, and began to dance around the ambassador,

squaring off with his fists, as though preparing a knockout blow for the

French Republic. The two were quickly surrounded by a ring of diplomats

and citizens of Cooperstown, the foreigners being doubtful whether the

matter should be taken in jest or earnest, while the villagers were

hesitating between enjoyment of the comedy and a sense of duty toward

their guests. As for M. Mercier, he was aghast at the rudeness of the

challenge. He folded his arms, drew himself up, shrugged his shoulders,

puffed out his cheeks, and stared at the adversary with eyes aflame.

Before the pugilistic stranger could execute his threats Judge Hezekiah

Sturges of Cooperstown interposed his burly form; at a nod from him two

muscular citizens of the village seized the invader by the back of the

neck and the seat of his overalls, made him "walk Spanish" quickly to

the shore, and heaved him into the lake.

In the late afternoon the party of diplomats were conveyed by carriages

to Cooperstown, where they became severally the guests of various

citizens. The distinguished visitors were greeted by a salute of guns;

while fireworks and bonfires were the order of the evening. The Fly

Creek Band, accompanied by a large crowd of villagers, under the

leadership of James I. Hendryx, serenaded the foreign ministers at their

various places of sojourn, and speeches were called for, which were

loudly applauded. Judge Turner's house, the old Campbell homestead,

which stands on Lake Street, facing Chestnut Street, was first visited,

for there William H. Seward, Secretary of State, was the guest of honor.

The band played a waltz, and the crowd cheered. Judge Turner soon

appeared, and introduced the Secretary of State, who made a brief

speech. He said that the weather in Washington had become exasperatingly

hot; matters of complex nature and of international importance had to be

discussed; there was danger that he and the foreign minsters might

become fretful and peevish; and so he had asked the entire diplomatic

corps to take a vacation, and meanwhile affairs of State might go hang.

The speech pleased the crowd. The band played another waltz, to the tune

of which the procession marched through the main street and across the

river to Woodside, where Lord Lyons, the British minister, was the guest

of John F. Scott. Here the band played a third waltz, while hundreds of

cheering men clambered up the terraced slope of the garden. Some one

called for Lord Lyons, and the whole crowd took up the cry, "Lord Lyons!

Lord Lyons!" This soon became "Lyons! Lyons!" although one enthusiastic

Irishman of great vocal power kept crying, "Misther Lynes! Misther

Lynes!"

At this point the leader of the band was instructed to play "God Save

the Queen," as a compliment to the guest of Woodside.

"My heaven!" he whined, "we can't play nothing but three waltzes!"

One of the waltzes was then repeated, and the host of Woodside appeared.

He explained that Lord Lyons had been paying a visit across the river,

but was expected to return at any moment. Just then Lord Lyons himself

came hopping up the steps of the terrace, short, fat, lively, a man of

talent, who soon recovered his breath, and made a speech that elicited

hearty cheers.

The Russian ambassador was the guest of Edward Clark at Apple Hill,

where Fernleigh now stands. The diplomat had retired when the crowd of

serenaders arrived, and was awakened by the blare of the band and loud

demands for "a speech from the great Roosian bear!" The guest was

assisted by his host to crawl through the window over the porch, in

scanty raiment, to speak to the assembled citizens. At the residence of

Jedediah P. Sill, which stands on Chestnut Street next to the Methodist

parsonage, the Italian ambassador received the crowd with bows and

smiles.

Similar visits were paid at the places of sojourn of the other

representatives of foreign powers; but the most uproarious assembly was

that which gathered before the home of George L. Bowne, where the

Spanish ambassador was being entertained. This house stands on the west

side of Chestnut Street, next south of Willow Brook, which here ducks

beneath a culvert to cross the highway.

The representative of the Queen of Spain had only a limited knowledge of

the English language, but what he lacked in vocabulary he made up in

gestures, shrugging his shoulders up to his ears.

"Gentlemen," he began, "you will excuse me from a speech. In my country,

we, the nobility, do not make speeches to the common people."--(Vigorous

cheers greeted this statement, and Judge Turner, who stood near the

speaker, remarked, "True, every word.") "I the English language not well

do speak,"--("Go on, go on; you're a daisy, that's what you are," cried

voices from the crowd, while Judge Turner kept saying with judicial

gravity, "Every word true.") At this point the Spaniard became

incoherent, but, although nobody could understand a word, wild cheers

greeted him at every pause in his discourse. He let loose a flood of

eloquence, which being consistently endorsed by Judge Turner, was

applauded until the speaker stopped from sheer exhaustion.[116]

It was long after midnight when the last speech had been made and the

crowds dispersed.

[Illustration: THE HOME OF JUSTICE NELSON]

A pair of small boys, who had made the occasion an excuse for staying

out a good part of the warm summer night, passed Justice Nelson's

residence on Main Street, as they strolled homeward, and noticed that

here a light was still burning. The deserted street was feebly lit by a

few gas lamps, but the other houses in the neighborhood were dark, and

the boys were attracted as moths to a flame by the glimmering through

the blinds of Judge Nelson's windows. The lighted room was the one on

the ground floor at the right of the doorway. Because of the warmth of

the night, the window-sashes had been raised, and the curtains drawn

back, so that the interior of the room was screened from passers-by only

by the closed slats of the blinds. These were temptingly near to the

sidewalk, and the young imps, standing on tiptoe, did not hesitate, when

they had discovered a chink between the slats, to peek into the

apartment.

They saw a room lined with rows of books bound in law-calf, for it was

Judge Nelson's library. In the midst a student's lamp shed a mellow

light upon the usual paraphernalia of a lawyer's desk, and dimly

illuminated the features of two men who sat facing each other across the

table. The large form, massive head, and long gray hair of Judge Nelson,

who sat with his back to the fireplace, were instantly recognized by the

peering eyes at the window. The man who faced him was of a different

type, a rather small figure, with nothing commanding in his appearance;

he had a shock of sandy hair, blue eyes, and a smoothly shaven mouth and

chin somewhat receding from a finely chiseled nose. He was speaking

earnestly, and in a tone of conviction. His voice was harsh, but his

manner was suave, agreeable, and persuasive.

"Who's he?" whispered one of the boys.

"That's Mr. Seward from Washington," replied the other, "I heard him

make a speech in front of Judge Turner's house."

The eavesdroppers continued to listen, but the conversation between

Judge Nelson and Mr. Seward was carried on in such low tones that they

could make little of it. Now and again they caught a phrase--"more

troops"--"President Lincoln"--"save the Union,"--but the purport of the

matter was beyond them.

The spying youngsters crept into their beds that night laden with a

sense of mystery in this weird consultation, of which they had been

witnesses, between the senior justice of the Supreme Court of the United

States and the Secretary of State of the United States. Next day they

boasted among their comrades of having discovered some secret affair of

state.

Years afterward, through Justice Nelson's son, Judge R. R. Nelson of St.

Paul, Minnesota, it came out that these young spies had rightly divined

the truth. The conference which the Secretary of State held with Justice

Nelson during the small hours of the morning of August 22nd, 1863, was

had at the instance of President Lincoln, and was importantly related to

the conduct of the Civil War. The conference itself, in fact, was the

secret motive of the diplomatic excursion, which had been designed

especially to divert attention from it.

It seems that the administration at Washington had become greatly

worried over a situation that had developed concerning the drafting of

troops. A heavy draft had been ordered,--Otsego county had been called

upon to furnish nearly a thousand men,--and there was great excitement

throughout the northern states. At this critical juncture one of

Justice Nelson's associates on the bench, who was sitting in the United

States Circuit in Pennsylvania, had granted a writ of _habeas corpus_

directing a certain drafted man to be brought before him, and the

position taken by counsel was that the draft was unconstitutional and

illegal. This justice, like Nelson, belonged to the Democratic party,

and was therefore in many ways opposed to the Lincoln administration. He

was known to entertain opinions which might lead him to decide that the

draft was unconstitutional.

President Lincoln became apprehensive, and sent for Secretary Seward.

"We must have more troops," said the President, "and we can get them in

only one way. Now if this draft should be declared unconstitutional, it

would create a most serious state of affairs at the North, and would

greatly encourage the South; it might even defeat our efforts to save

the Union. In some way, if possible, this situation of affairs must be

prevented."

"I know of but one man who can prevent it," replied Seward. "He is a

strong personal friend of the Pennsylvania justice, and of the same

political party, though more loyal to the Union. I think he can

influence him. I refer to Justice Nelson of the Supreme Court, who is

now at his home in Cooperstown."

When the President urged the Secretary to confer with Judge Nelson

without delay, Seward was somewhat taken aback. To summon Nelson to

Washington in order to ask of him so delicate a favor was not to be

thought of. On the other hand for the Secretary of State to go to

Cooperstown to confer with the Democratic justice would be certain to

provoke political gossip and newspaper speculation, at the risk of

defeating the object desired.

But President Lincoln was determined.

"In some way it must be done," he said. "You must see Justice Nelson."

The upshot of the matter was that the fertile brain of the Secretary

evolved and carried out the plan that brought the diplomatic corps from

Washington to Cooperstown on an excursion, under color of which he had

his interview with Justice Nelson.

The result was all that the Secretary of State had hoped for. Judge

Nelson held that the draft was not unconstitutional, and promptly so

informed his friend in Pennsylvania, whose opinion was soon given in

accordance with the views of his learned associate.

Thus "Cooperstown's great day" turned out to be of wider import than the

cheering crowds of villagers imagined.

Justice Nelson's appointment by President Grant in 1871 as one of the

five American members of the Joint High Commission to negotiate a treaty

with Great Britain was a just tribute to his personal character as well

as to his knowledge of international law. The matters in dispute

concerned British possessions in North America, as well as the so-called

Alabama claims arising out of the Civil War. Justice Nelson was already

known by reputation to the British members of the commission, and they

accorded him the fullest respect and confidence. In this controversy,

which rankled in the hearts and affected the judgment of millions of

people, Judge Nelson brought to the solution such wisdom and acuteness,

accompanied by persuasive manners, frankness, conscientiousness, and

learning, that all accorded to him the highest consideration and regard.

His brilliant and successful service in the Joint High Commission during

the seventy days of its sessions was regarded as a fitting culmination

of half a century of public office. For his signature of the Treaty of

Washington turned out to be his last official act. During the final

hours of the session the chill of the rooms in which the commissioners

sat was the cause of an illness from which Justice Nelson never fully

recovered, and which occasioned his resignation from the bench of the

Supreme Court in 1872. In commenting upon his resignation, the _New York

Tribune_ said, "It would be difficult to exaggerate the respect and

regard which will follow this able and incorruptible jurist from the

post he has so long filled with honor to himself and profit to the

commonwealth, when he retires to the well-earned repose which his gifts

of mind and heart will enable him so perfectly to enjoy."

In the village of Cooperstown the street called Nelson Avenue is named

in honor of the distinguished jurist, and three different places of

residence are associated with his memory. When in 1825 he married, as

his second wife, Catharine A. Russell, daughter of Judge John Russell

of Cooperstown, they began housekeeping at Apple Hill, on the site now

occupied by Fernleigh. In 1829 they removed to Fenimore, which still

stands just outside of the village, near the western shore of the lake,

and lived there until 1838, when they took up their residence at Mrs.

Nelson's homestead, the large brick house on the north side of Main

Street near the corner of Pioneer Street, and made it their home for the

rest of their lives.

[Illustration: NELSON AVENUE]

Although Judge Nelson survived Fenimore Cooper by more than twenty

years, he was only three years his junior, and the two men became

intimate personal friends in Cooperstown. They were often seen together

on the street, and in fine personal presence and noble bearing they

bore some resemblance to each other. In the old stone Cory building on

Main Street, when the lower part was conducted as a hardware store,

Judge Nelson and Fenimore Cooper used often to spend an evening, sitting

about the stove in a circle of admiring auditors gathered to hear the

great men talk. It was shortly after Fenimore Cooper's return to

Cooperstown to live at Otsego Hall that Judge Nelson was appointed Chief

Justice of the State, and Cooper ever thereafter spoke of his friend as

"the Chief." The novelist had a good deal of the lawyer in his

composition, and he often discussed legal matters with Judge Nelson, as

well as political affairs of state. Both were fond of farming and rural

pursuits, and as their farms lay on opposite sides of the lake, Judge

Nelson's at Fenimore, and Cooper's at the Chalet, they were able

frequently to compare notes of their success as agriculturists, perhaps

with the more interest because Cooper himself had formerly owned the

farm at Fenimore.

Judge Nelson was not seldom seen on horseback in Cooperstown, and

continued this form of exercise long after he had passed the limit of

three score years and ten. In his later years he was described as a

broad-shouldered and magnificent figure, with a massive head crowned

with a wealth of gray hair. He was simple and unaffected in his manners,

and never assumed any magniloquence because of his exalted position. On

returning from Washington to Cooperstown for the summer, he seemed to

delight in holding a kind of indiscriminate levee in the main street of

the village, greeting old neighbors, shopkeepers, and farmers alike,

and remembering most of them by their Christian names. In those days the

merchants were accustomed to leave their empty packing-boxes on the

sidewalk in front of their shops, and it was no uncommon sight to see

this Justice of the Supreme Court of the United States seated carelessly

on a dry-goods box, while he chatted with a group of admiring villagers.

His conversation was always entertaining, not only because of his wealth

of mind, but on account of his prodigious memory of men and events. His

gift of memory was undoubtedly of great use to him on the bench, for he

could restate complicated facts in cases so long since heard by him that

the issues had been forgotten by the counsel concerned in them.

Judge Nelson was for many years a vestryman, and later a warden, of

Christ Church in Cooperstown. In his day there was no thoroughfare

through the Cooper Grounds, and he walked to church by way of River

Street. Above the stone wall on the west side of River Street was an

abundant growth of tansy. It was Judge Nelson's invariable habit to pick

a sprig of tansy on his way to Sunday morning service, and he entered

the church absently holding the pungent herb to his nostrils, as he made

his way to the pew now marked by a tablet in the north transept.

On February 13, 1873, the honors paid to Judge Nelson on his retirement

from the bench of the United States Supreme Court were of a character

never before known in America, and not in England since Lord Mansfield

was the recipient of similar honors at the hands of Erskine and the

other lights of the British bar. A committee which included several of

the foremost lawyers in New York City, and officially representing the

Bar of the Third District, came in a special car from New York to

Cooperstown to present to Judge Nelson an address expressive of

appreciation of his long service on the bench, and of regret at his

retirement, in sympathy with similar resolutions adopted in Albany and

Washington.

It was a gala day in Cooperstown when its most distinguished citizen was

so honored. The streets, glistening with snow, were filled with people

careering about in sleighs. The American flag flapped in the breeze from

the tall liberty-pole which then stood at the midst of the cross-roads

where Main and Pioneer streets intersect. A horse-race upon the frozen

lake had been arranged for the entertainment of the visitors, and some

of the young people had bob-sleds ready, prepared to give the

distinguished metropolitan lawyers a thrilling ride down the slope of

Mt. Vision when the ceremonies should be over.

In the early afternoon the legal and judicial delegation walked quietly

two by two to the residence of Judge Nelson, which, although now invaded

by the business requirements of the village, still holds its place on

Main Street. In the procession were three federal judges, and a dozen

chosen members of the bar of New York. The door of the old house, at

which nobody stops to knock any more, was thrown open to receive the

distinguished delegation. The villagers had gathered in the

drawing-room, at the left of the entrance, to take part in the

ceremonies. Among many ladies who graced the scene the three daughters

of Fenimore Cooper were particularly noted by the visitors. The retired

judge sat in his armchair, arrayed in black, wearing a high choker

necktie, while Mrs. Nelson, a lovely old lady with a face as fresh at

seventy as a summer rain, supported herself on the arm of the chair. The

judicial delegation came into the parlor led by Judge Woodruff, E. W.

Stoughton, Judge Benedict, and Judge Blatchford, while Clarence A.

Seward, Sidney Webster and others followed. Judge Nelson retained his

seat, and the most impressive silence prevailed. Then Stoughton,

chairman of the committee, after some introductory remarks, read the

address which had been prepared by the Bar of New York.

At the conclusion of this address Judge Nelson drew out his spectacles

and read his reply, in a voice that trembled with emotion. Then he rose

slowly and received the personal congratulations of the delegation and

of the village friends assembled.

When, a few months later, Samuel Nelson was dead, and the press of the

nation was printing lengthy eulogies of his career as a jurist, a few

lines in the little weekly newspaper of his own home town gave the

highest estimate of his life that can be accorded to any man:

"In his home Judge Nelson was a great man. The almost extreme modesty

which characterized his public life had its counterpart in thoroughly

developed domestic virtues, which not only made him beloved to devotion

by all the members of his family, but endeared him to all with whom he

was brought into contact. There was in his disposition a placidness of

temper which made him always easy of approach, and rendered intercourse

with him a permanent spring of pure enjoyment."

FOOTNOTES:

[Footnote 115: From the beginning justices of the Supreme Court of the

United States sat, from time to time, as circuit judges. (Stuart v.

Laird, 1 Cranch, p. 308.) Justice Nelson was assigned to the Second

Circuit, which includes New York.]

[Footnote 116: Perry P. Rogers.]

The Story of Cooperstown · 第 15 / 19 章