Justice Samuel Nelson and the Seneca Indians Laurence M. Hauptman (bio) Scholars examining the career of Justice Samuel Nelson, who served on the Supreme Court from 1845 to 1872, have considered the jurist's record on the bench to be mediocre.1 According to historian Frank Otto Gatell, Justice Nelson "did not leave a deep impression on the history of the court."2 Political scientist Carl B. Swisher concluded that Nelson was a "stable, sound, and unspectactular judge"; that he "was not a man of deeply philosophical bent or soaring imagination"; and that he exhibited an "unwillingness to stretch the law to make it conform to local moral sentiment."3 Indeed, Nelson has largely been viewed through the lens of his concurring opinion in Dred Scott v. Sandford (1857).4 Consequently, scholars have labeled him a "doughface justice," castigating him, along with Justice Robert Grier of Pennsylvania, for being the only two Northern jurists on the bench who voted with the majority in the case.5 In assessing Nelson's overall importance, scholars examining the justice's service on the Taney-led and Chase-led Courts have failed to analyze or even mention two of his most important opinions: Fellows v. Blacksmith (1857) and The New York Indians (1866). In the first of these cases, Nelson favored the Tonawanda Senecas; a decade later, the justice favored the treaty rights of the Seneca Nation of Indians.6 The cases permanently affected the Tonawanda Senecas and the Seneca Nation of Indians, two separate, federally recognized governments that today occupy four reservations in western New York State: Allegany, Cattaraugus, Oil Spring, and Tonawanda. After the Revolution, the Senecas, original members of the Iroquois Confederacy, occupied approximately six million acres of lands. Their vast territory was attractive to land speculators, promoters of canals and turnpikes, New York politicians pushing for Empire State development, and Americans seeking access to the Great Lakes and Ohio Country. As a result, from the time of the federal Treaty of Fort Stanwix in 1784 onward, [End Page 7] the Senecas faced unrelenting pressures to cede all or select parcels of their land. Despite specific assurances made by the Washington administration in the federal Treaty of Canandaigua in1794 to guarantee the Seneca land base, dispossession continued. In the federal Treaty of Big Tree in 1797, federal officials recognized ten, later eleven, Seneca reservations totaling 202,000 acres. However, because of the nefarious actions of state and federal politicians in collusion with the Holland and later Ogden Land Companies, the Senecas continued to be dispossessed and threatened with removal to the Indian Territory well into the 1850s.7 The question arises about why Nelson favored the Senecas' position in his opinions in 1857 and 1866. After all, Nelson had been a loyal member of Martin Van Buren's Albany Regency, the fledgling Democratic political machine that dominated New York politics in the 1820s, and which in the 1830s had pushed for Indian removal from New York State. Even Nelson's appointment to the United States Supreme Court in 1845 was tied to Jacksonian politics after three Whigs had been rejected by the Democratic-controlled Senate.8 However, Nelson was to write the Court's opinion in Fellows v. Blacksmith. and convince all of his fellow jurists, including five appointed by Presidents Jackson and Van Buren, to vote with him. He even persuaded Justice James Moore Wayne, a Georgian who had actively been a proponent Click for larger view View full resolution Table 1. Seneca Land Losses in Treaties During Justice Nelson's Lifetime* [End Page 8] Click for larger view View full resolution Scholars mostly remember Samuel Nelson as a "dough-face" for his concurring opinion in Dred Scott v. Sand-ford (1857) and have failed to consider two of his seminal opinions favoring the Tonawanda Senecas and the Seneca Nation of Indians. of removal of Creeks and Cherokees, to support his opinion.9 Justice Nelson's favorable response to the crises facing the Senecas was conditioned by a myriad of factors. He selectively drew inspiration and ideas from four separate sources. First, Nelson's residence in Cooperstown, New York, and his connections there to the family of James Fenimore Cooper...
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