Benjamin Bourne
Encyclopedia
Benjamin Bourne was an American
jurist and politician from Bristol, Rhode Island
. He represented Rhode Island
in the U.S. House of Representatives
and served as a judge in both the federal district and federal appellate courts.
Borurne was born in Bristol and graduated from Harvard College
in 1775. He read law to enter the Bar and began practice in Providence
. During the Revolutionary War, he served as ensign, then quartermaster
of the 2nd Rhode Island Regiment
in 1776.
After the war, Bourne began his political life as a member of the Rhode Island
general assembly in 1789 and 1790. In 1799, Bourne was appointed to a committee to revise the state's militia laws. From 1783 to 1784, Bourne collected excise tax for Providence County. Then, between 1785 and 1789, he served as Justice of the Peace
in Providence County. Bourne served on the federalist (pro-Constitution) committee which negotiated an end to William West's armed anti-federalist (Country Party
) protest on July 4, 1788. In 1789, with the Reverend James Manning, Bourne petitioned Congress regarding relief from import duties imposed upon Rhode Island as a foreign nation.
After Rhode Island ratified the Constitution
, Bourne was elected as Pro-Administration
to the First through Third Congresses and as a Federalist
to the Fourth and Fifth Congresses. He resigned before the fifth Congress began, however.
Upon returning to Rhode Island
, Bourne received a recess appointment
from President George Washington
on October 13, 1796, to a seat on the United States District Court for the District of Rhode Island
vacated by Henry Marchant
. Bourne was formally nominated on December 21, 1796, and was confirmed by the United States Senate
, and received his commission, the following day. On February 18, 1801, Bourne was nominated by President John Adams
to a new seat on the United States Circuit Court for the First Circuit
created by 2 Stat. 89. He was confirmed by the Senate, and received his commission, on February 20, 1801. Bourne's judicial service ended on July 1, 1802, due to abolition of the Circuit court.
Bourne died in Bristol, and is buried in the Juniper Hill Cemetery
there.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurist and politician from Bristol, Rhode Island
Bristol, Rhode Island
Bristol is a town in and the historic county seat of Bristol County, Rhode Island, United States. The population was 22,954 at the 2010 census. Bristol, a deepwater seaport, is named after Bristol, England....
. He represented Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
in the U.S. House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and served as a judge in both the federal district and federal appellate courts.
Borurne was born in Bristol and graduated from Harvard College
Harvard College
Harvard College, in Cambridge, Massachusetts, is one of two schools within Harvard University granting undergraduate degrees...
in 1775. He read law to enter the Bar and began practice in Providence
Providence, Rhode Island
Providence is the capital and most populous city of Rhode Island and was one of the first cities established in the United States. Located in Providence County, it is the third largest city in the New England region...
. During the Revolutionary War, he served as ensign, then quartermaster
Quartermaster
Quartermaster refers to two different military occupations depending on if the assigned unit is land based or naval.In land armies, especially US units, it is a term referring to either an individual soldier or a unit who specializes in distributing supplies and provisions to troops. The senior...
of the 2nd Rhode Island Regiment
2nd Rhode Island Regiment
The 2nd Rhode Island Regiment also known as Hitchcock's Regiment was authorized on 6 May 1775 under Colonel Daniel Hitchcock in the Rhode Island Army of Observation and was organized on 8 May 1775 as eight companies of volunteers from Providence County of the colony of Rhode Island...
in 1776.
After the war, Bourne began his political life as a member of the Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
general assembly in 1789 and 1790. In 1799, Bourne was appointed to a committee to revise the state's militia laws. From 1783 to 1784, Bourne collected excise tax for Providence County. Then, between 1785 and 1789, he served as Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
in Providence County. Bourne served on the federalist (pro-Constitution) committee which negotiated an end to William West's armed anti-federalist (Country Party
Country Party (Rhode Island)
The Country Party, Rhode Island's anti-federalist political party, controlled the Rhode Island General Assembly from 1786 and 1790 and opposed the Federalist Party, which supported the U.S. Constitution. The Federalists were largely from the "town," Providence, Rhode Island, while the Country...
) protest on July 4, 1788. In 1789, with the Reverend James Manning, Bourne petitioned Congress regarding relief from import duties imposed upon Rhode Island as a foreign nation.
After Rhode Island ratified the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, Bourne was elected as Pro-Administration
Pro-Administration Party (United States)
Pro-Administration "Party" is a term by historians to describe the supporters of the policies of George Washington's administration — especially Treasury Secretary Alexander Hamilton's financial policies — prior to the formation of the Federalist and Democratic-Republican Parties.Almost the entire...
to the First through Third Congresses and as a Federalist
Federalist Party (United States)
The Federalist Party was the first American political party, from the early 1790s to 1816, the era of the First Party System, with remnants lasting into the 1820s. The Federalists controlled the federal government until 1801...
to the Fourth and Fifth Congresses. He resigned before the fifth Congress began, however.
Upon returning to Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
, Bourne received a recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...
from President George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
on October 13, 1796, to a seat on the United States District Court for the District of Rhode Island
United States District Court for the District of Rhode Island
The United States District Court for the District of Rhode Island is the Federal district court whose jurisdiction is the state of Rhode Island. The District Court was created in 1790 when Rhode Island ratified the Constitution...
vacated by Henry Marchant
Henry Marchant
Henry Marchant was American lawyer from Newport, Rhode Island and United States federal judge. He was a delegate to the Continental Congress from 1777 to 1779, and was a signer of the Articles of Confederation for Rhode Island.-Life of service:Born in Martha's Vineyard, Massachusetts, Marchant...
. Bourne was formally nominated on December 21, 1796, and was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, and received his commission, the following day. On February 18, 1801, Bourne was nominated by President John Adams
John Adams
John Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...
to a new seat on the United States Circuit Court for the First Circuit
United States circuit court
The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate...
created by 2 Stat. 89. He was confirmed by the Senate, and received his commission, on February 20, 1801. Bourne's judicial service ended on July 1, 1802, due to abolition of the Circuit court.
Bourne died in Bristol, and is buried in the Juniper Hill Cemetery
Juniper Hill Cemetery
Juniper Hill Cemetery is a historic cemetery at 24 Sherry Avenue in Bristol, Rhode Island.The original were purchased from Levi DeWolf. The cemetery was added in 1998 as site #98000632 to the National Register of Historic Places.-Notable burials:...
there.
External links
- Benjamin Bourne Papers, Rhode Island Historical Society