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.

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.