Benjamin Bourne

Benjamin Bourne (September 9, 1755 – September 17, 1808) was a United States Representative from Rhode Island, a United States District Judge of the United States District Court for the District of Rhode Island, and a United States Circuit Judge of the United States Circuit Court for the First Circuit. He served in Congress for four terms as a member of the Federalist Party representing Rhode Island, and later held significant judicial appointments during the formative years of the federal court system.

Bourne was born on September 9, 1755, in Bristol in the Colony of Rhode Island and Providence Plantations. He was the son of Shearjashub Bourn, a prominent lawyer who eventually served on the Rhode Island Supreme Court, and he grew up in a family closely connected to the legal profession and public life. Bourne was a first cousin once removed of Shearjashub Bourne, who would later serve as a United States Representative from Massachusetts, reflecting the broader political engagement of the extended Bourne family in New England.

Following the example of his father, Bourne attended Harvard University, from which he graduated in 1775. He received a Master of Arts degree from Harvard in 1778. During this period, as the American colonies moved into open conflict with Great Britain, he read law and prepared for a legal career. In 1776, amid the Revolutionary War, he served as quartermaster of the Second Rhode Island Regiment, contributing to the logistical support of the Continental forces. After the war, he was admitted to the bar and commenced the practice of law in Providence, Rhode Island, establishing himself within the state’s legal and civic circles.

Bourne’s early public service was closely tied to the government of Rhode Island. He served as a deputy in the Rhode Island General Assembly in 1780 and again from 1787 to 1790, participating in legislative affairs during the critical years surrounding the adoption of the United States Constitution. From 1780 to 1786 he was clerk of the Rhode Island General Assembly, a position that placed him at the center of the colony’s and then state’s legislative record-keeping and administration. He also served as a Justice of the Peace in Providence from 1785 to 1790, further solidifying his role in local governance and the administration of justice.

Upon the ratification of the United States Constitution by the State of Rhode Island, Bourne entered national politics. He was elected as a Pro-Administration candidate from Rhode Island’s at-large congressional district to the United States House of Representatives for the 1st, 2nd, and 3rd United States Congresses, and then as a Federalist to the 4th and 5th United States Congresses. In total, he contributed to the legislative process during four terms in office, representing Rhode Island as a member of the Federalist Party during a significant period in American history. He served in the House from August 31, 1790, until his resignation on October 13, 1796, before the close of the 4th United States Congress, participating in the early development of federal legislation and the establishment of national institutions while representing the interests of his constituents.

Bourne’s resignation from Congress coincided with his appointment to the federal judiciary. On October 13, 1796, President George Washington extended to him a recess appointment as Judge of the United States District Court for the District of Rhode Island, filling the vacancy created by the death of Judge Henry Marchant. Washington formally nominated him to the same position on December 21, 1796. The United States Senate confirmed his nomination on December 22, 1796, and he received his commission that same day. Bourne served as a United States District Judge until February 20, 1801, when his service in that role terminated due to his elevation to the United States Circuit Court for the First Circuit.

On February 18, 1801, President John Adams nominated Bourne to the United States Circuit Court for the First Circuit, to a new seat authorized by the Judiciary Act of 1801 (2 Stat. 89). The Senate confirmed him on February 20, 1801, and he received his commission that same day, becoming a United States Circuit Judge of the United States Circuit Court for the First Circuit. His service on the circuit court ended on July 1, 1802, when the court was abolished by subsequent legislation that repealed the Judiciary Act of 1801 and reorganized the federal judiciary, thereby terminating his commission.

Following his departure from the federal bench, Bourne returned to private legal practice. He resumed the practice of law in Providence and Bristol, Rhode Island, from 1801 until his death in 1808, remaining an active member of the Rhode Island bar and continuing his engagement in the legal affairs of his home state. He died on September 17, 1808, in Bristol, Rhode Island. Benjamin Bourne was interred in Juniper Hill Cemetery in Bristol. His papers are preserved in the Rhode Island Historical Society, and his career is documented in the Biographical Directory of the United States Congress and the Biographical Directory of Federal Judges, reflecting his dual legacy as both legislator and jurist in the early United States.