SAMUEL NELSON In the meantime several members of the court conceived the project of allaying and if possible subduing the political agitation then beginning to assume threatening pro portions in the Northern States, on the questions of negro citizenship and slavery in the Territories, by treating those ques tions as presented in the record of the case, and therefore as proper subjects for judicial determination. These judges accordingly met together, in the absence of Judge Nel son, and concluded to discuss and formally decide these collateral issues; and the Chief Justice was selected as their organ to write the opinion. When Judge Nelson was in formed of this "new departure" he advised his brethren that he should adhere to the original decision, and read as his own the opinion he had prepared as the judgment of the court.1 The mournful and disastrous events which ensued clearly demonstrate the wisdom and propriety of the course he pursued in this great controversy. The opinion of the Chief Justice, instead of quieting the agitation, proved to be a political "boomerang" which recoiled with terrific force upon its authors and aroused the public indignation beyond all precedent. And it constituted one of the most remark able incidents of the political upheaval which culminated in the Rebellion of the Southern States and the total abolition of the "peculiar institution." Judge Nelson took no active part in poli tics after his elevation to the bench. He retained, however, a deep interest in pub lic affairs and entertained decided opinions upon all questions of National policy. In 1845, shortly after his appointment to the Federal Supreme Court, he was supported by a large number of Democratic members of the New York legislature for United States ' These facts also appear from the letters above referred to in Tyler's Memoir of the Chief Justice. See also the remarks of Judge Campbell in memoriam of Judge Curtis, 20 Wallace, p. XI. 1 Life and Writings of B. R. Curtis 234-7, note by G. T. Curtis.
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Senator, as the successor of Silas Wright, who had been elected Governor of the state. He received forty-one votes against fifty-one for John A. Dix, who was finally chosen. In 1871 Judge Nelson was appointed, by President Grant, one of five members, on the part of the United States, of the Joint High Commission to act with five com missioners of Great Britain, in negotiating and adjusting the various subjects of dis pute between the two nations, which had on one occasion nearly involved them in the calamities of war. Some important ques tions of maritime and international law were to be settled, and the judge was selected to obtain the benefit of his learning and experience in those departments of juris prudence. It was also in the mutual con templation of the two governments to estab lish and define the jurisdiction of a tribunal of arbitration for the final determination of several matters in difference, involving controverted facts; and his practical wisdom and extensive knowledge of judicial proce dure were deemed indispensable in forming rules and regulations for the guidance of an international court of judicature, a court deriving all of its powers from the terms of the treaty, and, it is believed, without a prior historic example. The limits assigned to this paper will not permit further reference to Judge Nelson's connection with this notable international compact, than to add that he fully met the expectations of his countrymen. The treaty of Washing ton resulted in the settlement of five serious subjects of controversy between Great Britain and the United States, and will stand out in history as the beginning of a new era in the diplomacy of nations. But it is as a judicial magistrate that the name of Judge Nelson will be known and' honored by our people. It was the felicity of his life to be early placed and constantly retained in a position of all others the best adapted to his tastes, his talents and his character. Conscious of
