Benjamin Bourne
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Benjamin Bourne (September 9, 1755September 17, 1808) was a
United States representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
from
Rhode Island Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...
, a
United States district judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
of the
United States District Court for the District of Rhode Island The United States District Court for the District of Rhode Island (in case citations, D.R.I.) 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 ...
and a United States Circuit Judge of the United States Circuit Court for the First Circuit.


Education and career

Born on September 9, 1755, in
Bristol Bristol () is a city, ceremonial county and unitary authority in England. Situated on the River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in ...
in the
Colony of Rhode Island and Providence Plantations The Colony of Rhode Island and Providence Plantations was one of the original Thirteen Colonies established on the east coast of America, bordering the Atlantic Ocean. It was founded by Roger Williams. It was an English colony from 1636 until ...
. Bourne was the son of Shearjashub Bourn, a lawyer who eventually served on the Rhode Island Supreme Court.Calbraith Bourn Perry, ''Charles D'Wolf of Guadaloupe, His Ancestors and Descendants'' (1902), p. 285-86. Like his father, Bourne graduated from
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
in 1775, received a
Master of Arts A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...
degree from the same institution in 1778, and
read law Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the ...
. He was quartermaster of the Second Rhode Island Regiment in 1776. He was admitted to the bar and commenced practice in
Providence Providence often refers to: * Providentia, the divine personification of foresight in ancient Roman religion * Divine providence, divinely ordained events and outcomes in Christianity * Providence, Rhode Island, the capital of Rhode Island in the ...
,
Rhode Island Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...
. He was a deputy in the
Rhode Island General Assembly The State of Rhode Island General Assembly is the state legislature (United States), state legislature of the U.S. state of Rhode Island. A bicameral body, it is composed of the lower house, lower Rhode Island House of Representatives with 75 re ...
in 1780 and from 1787 to 1790. He was clerk of the Rhode Island General Assembly from 1780 to 1786. He was a
Justice of the Peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
in Providence from 1785 to 1790.


Congressional service

Upon the ratification of the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
by the State of Rhode Island, Bourne was elected as a Pro-Administration candidate from Rhode Island's at-large congressional district to the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
of the 1st through the
3rd United States Congress The 3rd United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met at Congress Hall in Philadelphia, Penn ...
es and as a
Federalist The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters called themselves ''Federalists''. History Europe federation In Europe, proponents of de ...
to the 4th and
5th United States Congress The 5th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met at Congress Hall in Philadelphia, Penns ...
es and served from August 31, 1790, until his resignation on October 13, 1796, before the close of the 4th United States Congress.


Federal judicial service

Bourne received a
recess appointment In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the President is empowered to nominate, and with the advi ...
from President
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...
on October 13, 1796, to a seat on the
United States District Court for the District of Rhode Island The United States District Court for the District of Rhode Island (in case citations, D.R.I.) 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 ...
vacated by Judge
Henry Marchant Henry Marchant (April 9, 1741 – August 30, 1796) was a Founding Father of the United States, an attorney general of Rhode Island, a delegate to the Second Continental Congress from Rhode Island, a signer of the Articles of Confederation, and the ...
. He was nominated to the same position by President Washington on December 21, 1796. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on December 22, 1796, and received his commission the same day. His service terminated on February 20, 1801, due to his elevation to the First Circuit. Bourne was nominated by President
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
on February 18, 1801, to the United States Circuit Court for the First Circuit, to a new seat authorized by . He was confirmed by the Senate on February 20, 1801, and received his commission the same day. His service terminated on July 1, 1802, due to abolition of the court.


Later service and death

Following his departure from the federal bench, Bourne resumed private practice in Providence and Bristol from 1801 to 1808. He died on September 17, 1808, in Bristol. He was interred in
Juniper Hill Cemetery Juniper Hill Cemetery is a historic cemetery at 24 Sherry Avenue in Bristol, Rhode Island founded by George R.Usher, James D'Wolf Perry, Byron Diman, Ambrose E. Burnside, James H. West, Charles H. R. Doringle, and Lemanuel W. Briggs. The origina ...
in Bristol.


Family

Bourne was a first cousin once removed of Massachusetts
United States Representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
Shearjashub Bourne Shearjashub Bourne (June 14, 1746 – March 11, 1806) was an American lawyer, jurist, and politician from Massachusetts who served in the Massachusetts House of Representatives and United States House of Representatives. Bourne was born in B ...
.New England Families, Genealogical and Memorial: A Record of the ..., Volume 2 William Richard Cutter p.683
/ref>


References


External links



Rhode Island Historical Society * {{DEFAULTSORT:Bourne, Benjamin 1755 births 1808 deaths 18th-century American judges Burials at Juniper Hill Cemetery Continental Army officers from Rhode Island Federalist Party members of the United States House of Representatives from Rhode Island Harvard College alumni Judges of the United States circuit courts Judges of the United States District Court for the District of Rhode Island Members of the Rhode Island House of Representatives People from Bristol, Rhode Island People of colonial Rhode Island United States federal judges appointed by George Washington United States federal judges appointed by John Adams United States federal judges admitted to the practice of law by reading law