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."
Public-domain text, read in full here on John Shaqi.
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