Samuel Nelson | |
|---|---|
 Nelsonc. 1855-65 | |
| Associate Justice of the Supreme Court of the United States | |
| In office February 27, 1845 – November 28, 1872[1] | |
| Nominated by | John Tyler |
| Preceded by | Smith Thompson |
| Succeeded by | Ward Hunt |
| Personal details | |
| Born | (1792-11-10)November 10, 1792 Hebron, New York, U.S. |
| Died | December 13, 1873(1873-12-13) (aged 81) Cooperstown, New York, U.S. |
| Party | Democratic |
| Spouses | |
| Children | 8, includingRensselaer |
| Education | Middlebury College(BA) |
| Signature | _from_Encyclopedia_of_Biography_of_New_York.png) |
Samuel Nelson (November 10, 1792 – December 13, 1873)[2] was an Americanattorney and appointed as judge of New York State courts. He was appointed as aJustice of theSupreme Court of the United States, serving from 1845 to 1872.[3] He concurred on the 1857Dred Scott decision, although for reasons different from Chief Justice Taney's.
Nelson was born inHebron, New York, on November 10, 1792, the son ofScotch-Irish immigrants John Rodgers Nelson and his wife Jean McArthur.[4] Nelson's family was upper middle class, with a prosperous family farm. Nelson was educated in the public schools of Hebron, with an additional three years in private schooling for college preparation. He enteredMiddlebury College inVermont.
His initial intention was to pursue a career as a minister.[5] Upon graduation in 1813, Nelson decided on a legal career. Heread law as an apprentice at the firm ofJohn Savage andDavid Woods inSalem, New York. Two years later, Savage and Woods dissolved their practice. Nelson moved toMadison County to enter into partnership with Woods. Nelson received his license to practice law in 1817, and entered private practice inCortland. He developed a very successful practice, specializing in real estate and commercial law.
Nelson wasa presidential elector in 1820, voting forJames Monroe andDaniel D. Tompkins. Nelson served as US Postmaster of Cortland from 1820 to 1823.
In 1821, Nelson served as a delegate to theNew York Constitutional Convention, as one of the "Bucktails" faction led byMartin van Buren. Nelson argued for expansion of suffrage and for restructuring the state judiciary. The revised constitution was adopted, and the state created eight newCircuit Courts.
In 1823, GovernorJoseph Yates appointed Nelson as a justice of the new Sixth Circuit Court of Appeals, beginning Nelson's judicial career. He became noted for his work in admiralty and maritime law, and his decisions were rarely appealed.[6]
After eight years as a circuit court judge, Nelson was appointed in 1831 to theNew York Supreme Court (then called the New York Supreme Court of Judicature)[7] by GovernorEnos Throop. In 1837, GovernorWilliam Marcy promoted him to the position of chief justice, succeeding John Savage.[6]
As a justice of the New York Supreme Court, Nelson made his most notable decisions about commercial issues. But his ruling in the case ofJack v. Martin (1834), which touched New York state law in relation to the federalFugitive Slave Act of 1793 and theFugitive Slave Clause of the Constitution, may have foreshadowed his concurring opinion inDred Scott. Nelson said that only the federal government had the right to legislate on the issue of fugitive slaves.[8]
In 1845, Nelson wasan unsuccessful candidate for U.S. Senator in a specialNew York State Legislature election to fill the seat ofSilas Wright. At that time the New York state Democrats were split between factions known asBarnburners and Hunkers, and Nelson was identified with the Hunkers. His Barnburner opponent,John Adams Dix, won the party's nomination and the Senate seat.
On February 4, 1845, Nelson was nominated by PresidentJohn Tyler as an associate justice of theSupreme Court of the United States, to fill the vacant seat ofSmith Thompson. The unpopular Tyler had failed repeatedly to fill the Thompson vacancy, with theWhig-controlledSenate rejecting his earlier nominations ofJohn C. Spencer,Reuben Walworth,Edward King, andJohn M. Read.
Tyler's nomination of Nelson was a surprise, but proved to be a popular choice. Nelson was a highly respected chief justice on the New York Supreme Court, and had a reputation of staying out of partisan conflict. The Whigs found Nelson acceptable because, although he was aDemocrat, he had a reputation as a careful and uncontroversial jurist. The Senate confirmed Nelson's appointment on February 14, 1845, after just ten days. Samuel Nelson was the only Supreme Court Justice to be appointed by President Tyler.[9][10]
A diligent but politically neutral member of the Supreme Court, Nelson became an authority on international, admiralty, maritime, and patent law and often addressed himself primarily to the technical aspects of the cases before the court.[5]
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As associate justice, Nelson administered the oath toChief JusticeSalmon P. Chase took for presiding over theimpeachment trial of Andrew Johnson.[11]
Nelson served as a Justice for 27 years, until his retirement on November 28, 1872. Justice Nelson was a constitutionally conservative Democrat. He could also be described as a judicial minimalist, meaning he frequently took a moderate stance in cases offering a small, case-specific interpretation of the law, and placed a strong emphasis on precedent. While Nelson was a strong supporter of the Union, he often criticized President Lincoln's policies and did not believe that the Union could be saved in any worthwhile state through the use of force. While Justice Nelson remained relatively non-partisan, he did side frequently with Chief JusticeRoger B. Taney and JusticeJohn Archibald Campbell. Nelson also rather frequently disagreed with JusticeBenjamin Robbins Curtis. Justice Nelson remained good friends with Chief Justice Taney throughout his lifetime.
One of Justice Nelson's most important opinions was in the case ofPennsylvania v. Wheeling and Belmont Bridge Company in 1855. The Commonwealth ofPennsylvania sued the builders ofa suspension bridge over the Ohio River at Wheeling, Virginia (now West Virginia), chartered by Virginia. It said that the bridge obstructed the passage of steamboats, interfering with interstate commerce, and was therefore a public nuisance.[12]
The suit was litigated for six years and came before the Supreme Court three different times before Justice Nelson's opinion ended it. The Court found that the bridge did qualify as a public nuisance.Congress enacted a law authorizing the bridge at its current height. In its final ruling, written by Nelson, the Court deferred to the legislative branch, overruling its previous decision. It declared that the bridge was not an obstruction to interstate commerce. Nelson drew this conclusion stating, "So far, therefore, as this bridge created an obstruction to the free navigation of the river, in view of the previous acts of Congress, they are to be regarded as modified by this subsequent legislation; and, although it still may be an obstruction in fact, is not so in the contemplation of law."[13]
Nelson was also the author of the well-knownHotchkiss v. Greenwood opinion in patent law. This opinion established the principle thatobvious inventions should not be patentable, which has been a core doctrine of U.S. and international patent law ever since.
Justice Nelson was one of the most prolific opinion writers of the Taney era, but few of his opinions and decisions concerned the most important constitutional questions of the day: slavery and states rights.
In 1834 Mary Martin claimed that Jack "Martin", a black man in New York, was her slave inLouisiana. She filed suit for his return to Louisiana. Jack resisted, claiming that as both he and Mary Martin were currently residents of New York, he was free by New York law, which had abolished slavery. New York had separately passed a law related to procedure for the recovery of fugitive slaves. The Recorder of New York City had issued a certificate to recover Jack Martin, but also issued a writ ofhabeas corpus by his petition. The circuit court ruled for Ms. Martin, but the case was appealed to the New York Supreme Court. That court's ruling, written by Nelson, found that the power to legislate on the subject of the fugitive slave clause resided exclusively with Congress, and that the New York law was void. This position was upheld by the U.S. Supreme Court inPrigg v. Pennsylvania (1842).[citation needed]
InDred Scott, Nelson was originally assigned to write the majority opinion. That opinion upheld the decision of theMissouri state court against Scott (inScott v. Emerson), but on the narrow grounds of whether Scott was freed by his temporary residence in a free state. Nelson, avoiding controversy and partisanship as usual, did not address any of the other questions raised in the case, such as black citizenship and the constitutionality of theMissouri Compromise.
While Justice Nelson was preparing this opinion, Justices McLean and Curtis decided to write vehement dissenting opinions. Learning this, Chief Justice Taney, supported by the other southern Justices, decided to write a majority opinion asserting the southern view on those issues: that blacks could not be citizens and the Compromise's restrictions on slavery were unconstitutional.
Despite this switch within the Court, Justice Nelson's views did not change. On March 6, 1857, the Court ruled 7–2 that Dred Scott and his family remained slaves. Justice Nelson concurred in the decision. He issued a separate concurring opinion explaining his different reasoning. He wrote that the question of slavery is one that each state is responsible in deciding for itself, "either by its Legislature or courts of justice, and hence, in respect to the case before us, to the State of Missouri – a question exclusively of Missouri law, and which, when determined by that State, it is the duty of the Federal courts to follow it. In other words, except in cases where the power is restrained by the Constitution of the United States, the law of the State is supreme over the subject of slavery within its jurisdiction."[14] Therefore, the Federal courts had no jurisdiction, and the appeal should be dismissed with no further discussion. While his reasoning was different from Taney's, he upheld the ruling that Dred Scott was still enslaved. Nelson was a northern Democrat and a Unionist, and was said to be inclined to anti-slavery views.
Before theCivil War, Nelson worked to reach a compromise to prevent a war. In the winter of 1861 Justice Nelson joined JusticeJohn Campbell as intermediaries between southern secessionists and President-elect Lincoln. Even after the fighting started, he tried to find a compromise. Nelson was distressed at this failure. Although staunchly opposed to war and critical of many of Lincoln's policies, he remained loyal to the Union.
One of Justice Nelson's more noted opinions was his dissent issued in thePrize Cases. President Lincoln had declared a blockade of ports in states that had declared secession, to be enforced by theNavy. Navy ships captured blockade runners, which were seized asprizes under admiralty law. The owners sued for return of their ships, claiming that the blockade was illegal because the President did not have the constitutional authority to declare it.[15]
In 1863, the Court, by vote of 5 to 4, found that the blockade was constitutional. Justice Nelson wrote the dissenting opinion, joined by Chief Justice Taney and Justices Catron and Clifford. He asserted that blockading ports and confiscating enemy property were war powers, and under international law could be exercised only after a formal declaration of war. Nelson wrote that "war cannot lawfully be commenced on the part of the United States without an act of Congress, such act is, of course, a formal notice to all the world, and equivalent to the most solemn declaration."[16] Therefore, the blockade of southern ports by President Lincoln was unconstitutional. Nelson was widely criticized for this opinion.
After the war Nelson urged the administration to reduce the penalties on the defeated South. Nelson's loyalty to the Union was questioned because of his positions.[17]
In 1871, PresidentUlysses S. Grant appointed Nelson to serve on the joint high commission to arbitrate theAlabama Claims. During this time he took a leave of absence from the bench. Soon thereafter, Nelson became ill. He resigned from the commission in 1872, shortly before his death.[18] He was the last federal judge in active service appointed by President Tyler.
In 1819 Nelson married Pamela Woods, the daughter of David Woods and his wife. They had two children before her death.
In 1825, the widower married again, to Catharine Ann Russell, a daughter ofU.S. RepresentativeJohn Russell. He brought his two children to the marriage and had six children with Catharine. His fourth child with Catharine, sonRensselaer Russell Nelson, became an attorney. He was appointed as the firstUnited States District Court Judge for the District of Minnesota.[2]
Samuel Nelson died inCooperstown, New York, on December 13, 1873.[2] He was buried at Cooperstown's Lakewood Cemetery.[19][18]
Nelson received thehonorary degree ofLL.D. fromGeneva College in 1837 and Middlebury College in 1841. He received honorary LL.D. degrees fromColumbia University andHamilton College in 1870.[20]
His law office was preserved as part of theFarmers' Museum in Cooperstown.[21]
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| Preceded by | Associate Justice of the Supreme Court of the United States 1845–1872 | Succeeded by |
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