Skip to main content

The following collection details the cases Bushrod encountered while serving on the Circuit Court of the United States for the Third Circuit between 1803 and 1829. The Third Circuit consisted of the District of New Jersey and the District of Eastern Pennsylvania. Bushrod rode circuit to these courts for both a fall and spring term. He corresponded frequently with Supreme Court Justice Joseph Story, and their discussions helped both justices determine difficult legal applications and interpretations. Many of these cases involved bankruptcy, copyright, criminal, maritime, and patent law.

To Henry Wheaton, 24 May 1817

Recipient

Dear Sir

After my return from Phila. I recd your letter requesting me to furnish you with the opinion delivered in the above case. Most fortunately I had preserved a rough copy of that opinion, or I am perfectly satisfied that it would not have been in my power to comply with your request. As this is the case I am rather pleased that you have been compelled to call upon me, since it has enabled me to correct a mistake in the opinion which was delivered, into which I was led by depending upon an abridgement for the want of the full reports of cases.

From Richard Peters, 22 Feb. 1824

Dear Sir

Last Monday was the commencement of my stated February session. It was also the day to which the Circuit Court stood ajourned. All the Lawyers concerned in the Penn. causes were engaged in the State Courts. I sent Mr Caldwell to inquire if they had anything to do in the Circuit Court; & particularly in the Case of Conn. & Penn.

To Joseph Story, 8 June 1825

Recipient

My dear Sir

I now sit down to report to you the few decisions made during my last circuit. The Court at Phila. continued only two or three weeks in consequence of the sickness of Mr Binny who was concerned in almost all the arguable causes. The only Cases decided which may be considered as containing important principles are the two following.

To Smith Thompson, 24 May 1827

Recipient

My dear Sir

I have at length returned home, after an absence of between 4 & 5 months, and I employ the first moments of leisure in reporting to you & brother Story the most interesting cases which came before me for Judgt during my late circuit. I shall say nothing of the Atlantic ins. Co. of N. Y. and the U. S.2 which employed us very closely for 9 days, as the case will go to the Supreme Court.

To Joseph Story, 22 Dec. 1823

Recipient

My dear Sir

I returned home from my Circuit on the last day of Novr, since which, I have, as far as the various calls to which a farmer is exposed, have afforded me time for Study, been employed in preparing an opinion in the equity case of Conn. vs. Penn. the argument of which consumed nearly a fortnight of our last Term. I hope to make a final decree in this case in April, and never again to be plagued with it, unless an appeal should be taken.

To Joseph Story, 21 Dec. 1825

Recipient

My dear Sir

At length I have got sufficiently released from more urgent business to enable me to perform my promise to forward you a report of the cases which came before me on my late Circuit. I think I sent you from Phila. printed statements of1 Pennock & Sellers vs. Dialogue & Courcier vs. Ritter— These will therefore be omitted from this letter.

To Richard Peters, 2 March 1824

Recipient

My dear Sir

Your three letters of the 25th Jany, 6 & 22d february have been recd, but not duly, the first written having been detained at the Alexandria post office until three days ago, when it was forwarded to me. As to the one containing observations upon the case of Conn. vs. Penn., I must postpone an answer until I can look again over my notes, which I left at Mount Vernon, as also the opinion in extenso.

Subscribe to Discussions of Circuit Court Cases