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Samuel Nelson

Samuel Nelson (1845-1872)

Samuel Nelson lived from 1792 to 1873.

Early Life

Nelson was born on November 10, 1792 in Hebron, New York. His parents were Scotch-Irish immigrants and his family operated a farm, which Nelson grew up on. Nelson attended the common schools in Hebron before receiving an additional three years of education in private schooling. Afterwards, he attended Middlebury College in Vermont.

Nelson graduated from Middlebury in 1813, at which point he decided to pursue a legal career. He began reading law at the firm of John Savage and David Woods in Salem, New York. Eventually, Nelson moved to Madison County and began his own legal practice with Woods. He specialized in real estate and commercial law, and managed to develop a very successful practice.

Legal Career

Nelson was appointed Postmaster of Cortland in 1820. That same year, he served as a presidential elector, voting for James Monroe and Daniel D. Tompkins. In 1821, Nelson acted as a delegate to the New York Constitutional Convention, where he supported the expansion of voting rights. At age 31, Nelson was appointed to serve on New York’s Sixth Circuit Court of Appeals. After eight years as a circuit court judge, Governor Enos Throop appointed Nelson to the New York Supreme Court. Nelson was recognized for using logic and common sense in his opinions, and staying out of partisan conflicts. His decisions were rarely appealed, and his success eventually earned him the position of Chief Justice. Nelson’s impressive reputation made him an ideal nominee for the Supreme Court of the United States.

Appointment to the Supreme Court

Nelson was nominated as an Associate Justice by President John Tyler to fill the vacant seat of Smith Thompson. The senate confirmed Nelson’s appointment after just ten days, on February 14, 1845. On the bench, Nelson continued to have a reputation of fairness and directness. His opinions were mostly uncontroversial, and he often aligned his votes with the majority.

Nelson specialized in admiralty law, contributing little to constitutional law. However, during the Dred Scott decision, Nelson agreed with the majority but believed the issue should be narrowed to a question of Missouri law. Nelson refused to accept the Civil War’s necessity. He famously dissented in the Prize Cases, arguing that President Lincoln’s blockade of southern ports was illegal. In Ex Parte Milligan, Nelson voted to overturn the conviction of a man who had been charged with assisting the Confederacy. Nelson also opposed the expansion of federal power, and supported reunion with the Confederacy. Nelson retired from the bench in 1872.

Death

Nelson died on December 13, 1873 in Cooperstown, New York. He is buried in Cooperstown’s Lakewood Cemetery.

Notable Cases

Dred Scott Decision (1857)

The Prize Cases (1863)

Ex Parte Milligan (1866)

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The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
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  • Amendment2
    • The Right to Bear Arms
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  • Amendment4
    • Unreasonable Searches and Seizures
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  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
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Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

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