In 1859 he was appointed one of the judges of the supreme court to a seat vacated by the resignation of
Ira A. Eastman. Nesmith remained on the court until October, 1870, when, having reached the age of 70, he was retired. His political career was devoted to the
Whig and
Republican parties. His presence on "commencement day" at Dartmouth was one of the notable features of that occasion in his later years. His activity on the verge of 90 years was surprising. In 1889, Nesmith was again selected as a presidential elector, for
Benjamin Harrison in the
1888 United States presidential election. This time, Nesmith's candidate won both the national election and the state of New Hampshire, and Nesmith was selected to chair the gathering of electors for the state in casting their votes for Harrison. Only a few weeks before his death, Nesmith contributed an article on "Oratory" to
The Dartmouth. He died in the hamlet of
Franklin Falls, New York, after a short illness. He was nearly 90 years old. ==References==