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.]