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Samuel Nelson (November 10, 1792 – December 13, 1873) was an American attorney and appointed as judge of New York State courts. He was appointed as a
Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
of the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, serving from 1845 to 1872. He concurred on the 1857 ''
Dred Scott Dred Scott (c. 1799 – September 17, 1858) was an Slavery in the United States, enslaved African Americans, African American man who, along with his wife, Harriet Robinson Scott, Harriet, unsuccessfully sued for freedom for themselves and thei ...
'' decision, although for reasons different from Chief Justice Taney's.


Early life

Nelson was born in
Hebron, New York Hebron is a town in Washington County, New York, United States. It is part of the Glens Falls Metropolitan Statistical Area. The town population was 1,773 at the 2000 census. The town is named after the same-named community in Connecticut. Geogra ...
on November 10, 1792, the son of Scotch-Irish immigrants John Rodgers Nelson and his wife Jean McArthur. 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 entered
Middlebury College Middlebury College is a private liberal arts college in Middlebury, Vermont. Founded in 1800 by Congregationalists, Middlebury was the first operating college or university in Vermont. The college currently enrolls 2,858 undergraduates from all ...
in
Vermont Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
. Upon graduation in 1813, Nelson decided on a legal career. He
read law Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the ...
as an apprentice at the firm of John Savage and David Woods in
Salem, New York Salem is a town in eastern Washington County, New York, United States. It is part of the Glens Falls Metropolitan Statistical Area. The town population was 2,702 at the 2000 census. The town of Salem contains a hamlet also named Salem, formerly ...
. Two years later, Savage and Woods dissolved their practice. Nelson moved to Madison County to enter into partnership with Woods. Nelson received his license to practice law in 1817, and entered private practice in Cortland. He developed a very successful practice, specializing in real estate and commercial law.


Career

Nelson was a presidential elector in 1820, voting for
James Monroe James Monroe ( ; April 28, 1758July 4, 1831) was an American statesman, lawyer, diplomat, and Founding Father who served as the fifth president of the United States from 1817 to 1825. A member of the Democratic-Republican Party, Monroe was ...
and
Daniel D. Tompkins Daniel D. Tompkins (June 21, 1774 – June 11, 1825) was an American politician. He was the fifth governor of New York from 1807 to 1817, and the sixth vice president of the United States from 1817 to 1825. Born in Scarsdale, New York, Tompkins ...
. Nelson served as US Postmaster of Cortland from 1820 to 1823. In 1821, Nelson served as a delegate to the
New York Constitutional Convention New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, ...
, as one of the "
Bucktails The Bucktails (1818–1826) were the faction of the Democratic-Republican Party in New York State opposed to Governor DeWitt Clinton. It was influenced by the Tammany Society. The name derives from a Tammany insignia, a deer's tail worn in the ha ...
" faction led by
Martin van Buren Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party (Uni ...
. Nelson argued for expansion of suffrage and for restructuring the state judiciary. The revised constitution was adopted, and the state created eight new Circuit Courts.


New York State judge

In 1823, Governor Joseph 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.Important Figures: "Samuel Nelson"
, New York Legal History, 1777–1846, HISTORICAL SOCIETY of the NEW YORK COURTS
After eight years as a circuit court judge, Nelson was appointed in 1831 to the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
(then called the New York Supreme Court of Judicature) by Governor
Enos Throop Enos Thompson Throop ( ; August 21, 1784 – November 1, 1874) was an American lawyer, politician, and diplomat who was the tenth Governor of New York from 1829 to 1832. Early life and career Throop was born in Johnstown, New York on August 21 ...
. In 1837, Governor William Marcy promoted him to the position of chief justice, succeeding John Savage. As a justice of the New York Supreme Court, Nelson made his most notable decisions about commercial issues. But his ruling in the case of ''Jack v. Martin'' (1834), which touched New York state law in relation to the federal
Fugitive Slave Act of 1793 The Fugitive Slave Act of 1793 was an Act of the United States Congress to give effect to the Fugitive Slave Clause of the US Constitution ( Article IV, Section 2, Clause 3), which was later superseded by the Thirteenth Amendment, and to also gi ...
and the
Fugitive Slave Clause The Fugitive Slave Clause in the United States Constitution, also known as either the Slave Clause or the Fugitives From Labor Clause, is Article IV, Section 2, Clause 3, which requires a "person held to service or labor" (usually a slave, appre ...
of the Constitution, may have foreshadowed his concurring opinion in ''Dred Scott''. Nelson said that only the federal government had the right to legislate on the issue of fugitive slaves.''Jack v. Martin''
, New York Legal History, 1777–1846, HISTORICAL SOCIETY of the NEW YORK COURTS
In 1845, Nelson was an unsuccessful candidate for U.S. Senator in a special
New York State Legislature The New York State Legislature consists of the two houses that act as the state legislature of the U.S. state of New York: The New York State Senate and the New York State Assembly. The Constitution of New York does not designate an official ...
election to fill the seat of
Silas Wright Silas Wright Jr. (May 24, 1795 – August 27, 1847) was an American attorney and Democratic politician. A member of the Albany Regency, he served as a member of the United States House of Representatives, New York State Comptroller, United Stat ...
. At that time the New York state Democrats were split between factions known as
Barnburners and Hunkers The Barnburners and Hunkers were the names of two opposing factions of the New York Democratic Party in the mid-19th century. The main issue dividing the two factions was that of slavery, with the Barnburners being the anti-slavery faction. Whil ...
, and Nelson was identified with the Hunkers. His Barnburner opponent,
John Adams Dix John Adams Dix (July 24, 1798 – April 21, 1879) was an American politician and military officer who was Secretary of the Treasury, Governor of New York and Union major general during the Civil War. He was notable for arresting the pro-Southern ...
, won the party's nomination and the Senate seat.


Supreme Court

On February 4, 1845, Nelson was nominated by President
John Tyler John Tyler (March 29, 1790 – January 18, 1862) was the tenth president of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president dire ...
as an associate justice of the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, to fill the vacant seat of
Smith Thompson Smith Thompson (January 17, 1768 – December 18, 1843) was a US Secretary of the Navy from 1819 to 1823 and a US Supreme Court Associate Justice from 1823 to his death. Early life and the law Born in Amenia, New York, Thompson graduated ...
. The unpopular Tyler had failed repeatedly to fill the Thompson vacancy, with the Whig-controlled
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
rejecting his earlier nominations of John C. Spencer,
Reuben Walworth Reuben Hyde Walworth (October 26, 1788 – November 27, 1867) was an American lawyer, jurist and politician. Although nominated three times to the United States Supreme Court by President John Tyler in 1844, the U.S. Senate never attempted a ...
, Edward King, and
John M. Read John Meredith Read Sr. (July 21, 1797 – November 29, 1874) was an American lawyer, jurist, and politician from Philadelphia, Pennsylvania. He was one of the founders of the Republican Party and chief justice of the Pennsylvania Supreme Court. ...
. 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 a
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
, 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. As associate justice, Nelson administered the oath to Chief Justice
Salmon P. Chase Salmon Portland Chase (January 13, 1808May 7, 1873) was an American politician and jurist who served as the sixth chief justice of the United States. He also served as the 23rd governor of Ohio, represented Ohio in the United States Senate, a ...
took for presiding over the
impeachment trial of Andrew Johnson The impeachment trial of Andrew Johnson, 17th president of the United States, was held in the United States Senate and concluded with acquittal on three of eleven charges before adjourning ''sine die'' without a verdict on the remaining char ...
. 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 Justice
Roger B. Taney Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
and Justice
John Archibald Campbell John Archibald Campbell (June 24, 1811 – March 12, 1889) was an American jurist. He was a successful lawyer in Georgia and Alabama, where he served in the state legislature. Appointed by Franklin Pierce to the United States Supreme Court ...
. Nelson also rather frequently disagreed with Justice
Benjamin Robbins Curtis Benjamin Robbins Curtis (November 4, 1809 – September 15, 1874) was an American lawyer and judge. He served as an associate justice of the United States Supreme Court from 1851 to 1857. Curtis was the first and only Whig justice of the ...
. Justice Nelson remained good friends with Chief Justice Taney throughout his lifetime.


''Pennsylvania v. Wheeling''

One of Justice Nelson's most important opinions was in the case of ''
Pennsylvania v. Wheeling and Belmont Bridge Company Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, Mar ...
'' in 1855. The Commonwealth of
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
sued the builders of a 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. 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 A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
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."


''Hotchkiss v. Greenwood''

Nelson was also the author of the well-known '' Hotchkiss v. Greenwood'' opinion in patent law. This opinion established the principle that obvious inventions should not be patentable, which has been a core doctrine of U.S. and international patent law ever since.


Slavery and states rights

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 in
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
. 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 of ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' 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 in ''
Prigg v. Pennsylvania ''Prigg v. Pennsylvania'', 41 U.S. (16 Pet.) 539 (1842), was a United States Supreme Court case in which the court held that the Fugitive Slave Act of 1793 precluded a Pennsylvania state law that prohibited blacks from being taken out of the free s ...
'' (1842).


''Dred Scott''

In ''Dred Scott'', Nelson was originally assigned to write the majority opinion. That opinion upheld the decision of the
Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
state court against Scott (in ''Scott 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 the
Missouri Compromise The Missouri Compromise was a federal legislation of the United States that balanced desires of northern states to prevent expansion of slavery in the country with those of southern states to expand it. It admitted Missouri as a Slave states an ...
. 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." 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 the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
, Nelson worked to reach a compromise to prevent a war. In the winter of 1861 Justice Nelson joined Justice John 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.


''Prize Cases''

One of Justice Nelson's more noted opinions was his dissent issued in the ''
Prize Cases ''Prize Cases'', 67 U.S. (2 Black) 635 (1863), was a case argued before the Supreme Court of the United States in 1862 during the American Civil War. The Supreme Court's decision declared the blockade of the Southern ports ordered by President ...
''. President Lincoln had declared a blockade of ports in states that had declared secession, to be enforced by the
Navy A navy, naval force, or maritime force is the branch of a nation's armed forces principally designated for naval warfare, naval and amphibious warfare; namely, lake-borne, riverine, littoral zone, littoral, or ocean-borne combat operations and ...
. Navy ships captured blockade runners, which were seized as
prizes A prize is an award to be given to a person or a group of people (such as sporting teams and organizations) to recognize and reward their actions and achievements.
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. 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." 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.


Later career

In 1871, President
Ulysses S. Grant Ulysses S. Grant (born Hiram Ulysses Grant ; April 27, 1822July 23, 1885) was an American military officer and politician who served as the 18th president of the United States from 1869 to 1877. As Commanding General, he led the Union Ar ...
appointed Nelson to serve on the joint high commission to arbitrate the ''Alabama'' 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.


Personal life

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 (1805–1875), a daughter of
U.S. Representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they c ...
John Russell. He brought his two children to the marriage and had six children with Catharine. His fourth child with Catharine, son Rensselaer Russell Nelson (1826–1904), became an attorney. He was appointed as the first United States District Court Judge for the District of Minnesota. Samuel Nelson died in
Cooperstown, New York Cooperstown is a village in and county seat of Otsego County, New York, United States. Most of the village lies within the town of Otsego, but some of the eastern part is in the town of Middlefield. Located at the foot of Otsego Lake in the C ...
, on December 13, 1873. He was buried at Cooperstown's Lakewood Cemetery.


Legacy and honors

Nelson received the
honorary degree An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...
of
LL.D. Legum Doctor (Latin: “teacher of the laws”) (LL.D.) or, in English, Doctor of Laws, is a doctorate-level academic degree in law or an honorary degree, depending on the jurisdiction. The double “L” in the abbreviation refers to the early ...
from
Geneva College Geneva College is a private Christian college in Beaver Falls, Pennsylvania. Founded in 1848, in Northwood, Ohio, the college moved to its present location in 1880, where it continues to educate a student body of about 1400 traditional undergra ...
in 1837 and Middlebury College in 1841. He received honorary LL.D. degrees from
Columbia University Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
and
Hamilton College Hamilton College is a private liberal arts college in Clinton, Oneida County, New York. It was founded as Hamilton-Oneida Academy in 1793 and was chartered as Hamilton College in 1812 in honor of inaugural trustee Alexander Hamilton, following ...
in 1870. His law office was preserved as part of the
Farmers' Museum The Farmers' Museum is located in Cooperstown, New York, and is one of the best-known attractions in the town. Just north of Cooperstown, it overlooks Otsego Lake and recreates rural life from the 19th century through exhibits and interactive ...
in Cooperstown.


See also

*
List of justices of the Supreme Court of the United States The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United States and eight Associate Justice of the Supreme ...


References


External links

* * {{DEFAULTSORT:Nelson, Samuel 1792 births 1873 deaths 19th-century American judges American Episcopalians American people of Scotch-Irish descent Middlebury College alumni New York (state) Democrats New York Supreme Court Justices New York (state) postmasters People from Cooperstown, New York People from Cortland, New York People from Hebron, New York United States federal judges appointed by John Tyler 1820 United States presidential electors Justices of the Supreme Court of the United States United States federal judges admitted to the practice of law by reading law American white supremacists