"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.