Richard Busteed
Encyclopedia
Richard Busteed was an attorney and soldier who served in the Union Army
during the American Civil War
. He was a lawyer before and after the war, and also served as the U.S. District Judge of Alabama
from 1863 – 1874. He became highly controversial in that position, and resigned to avoid likely impeachment
by the U.S. House of Representatives.
, sometime after his father, George Washington Busteed, was removed as chief secretary of Saint Lucia
in 1829. After moving to Canada, the elder Busteed began publishing The True Patriot on which Richard worked as a type-setter
. He accompanied his father to Cincinnati, Ohio
; Hartford, Connecticut
; and finally settled in New York City
where he worked on the Commercial Advertiser.
Along with working as a journalist, Busteed was licensed as a Methodist preacher. He visited Ireland for health reasons in 1840. Upon returning to New York he began to study the law
and was admitted to the bar in 1846, thereafter engaging in private practice. He was elected corporation counsel of New York City in 1856 and held that office until 1859. In the presidential election of 1860
he was a strong supporter of Stephen A. Douglas
, and a bitter opponent of Abraham Lincoln
.
of volunteers on August 7, 1862, by President Lincoln and assigned duty first in New York and then in Washington, D.C.
. On December 15, 1862, he was given command of an independent brigade
detached from the VII Corps
. The brigade was assigned to the peninsula near Yorktown, Virginia
. Even though the five colonel
s in his brigade sent a joint letter to the Senate
urging his confirmation, the Senate did not confirm the appointment. Busteed not only had enemies from the election of 1860, he had made new ones for his strong support of the administration and his stance on the slavery question. His appointment expired on March 4, 1863, and, relieved of his command, he resigned less than a week later on the 10th, ending his military career.
On November 17, 1863, Busteed received a recess appointment
from Lincoln as United States District Judge for the Alabama
seats vacated by the death of George W. Lane. Although Alabama comprised three judicial districts at the time, Northern
, Middle
, and Southern
,
they shared a single judgeship. Formally nominated on January 5, 1864, this time his enemies in the Senate did not fight his confirmation and the appointment was confirmed unanimously on January 20, 1864. The confirmation may have gone so smoothly because Alabama was still mostly controlled by the Confederacy
.
.
Despite these opinions, Alabamans generally considered him corrupt and pro-Northern. In December 1867, he was shot on the street in Mobile
by U.S. District Attorney
Lucien V. B. Martin, who fired two more shots into him after he fell. Martin went to Texas and was never prosecuted, while Judge Busteed recovered rapidly.
In 1873, President Grant
nominated Busteed to the Supreme Court of the District of Columbia
. At the same time, Grant nominated Judge David Campbell Humphreys
, an Alabama native serving on the District of Columbia court, to assume Busteed's seat, each nomination made contingent on the other's resignation. The Senate, however, viewed these nominations as improper and refused to act on them.
Also in 1873, Busteed was the subject of an impeachment
inquiry by the House Judiciary Committee. The Committee recommended his impeachment on charges of failing to maintain a residence in his judicial district, failing to hold scheduled terms of court, and using his official position to promote his personal interests (specifically, by remitting a fine due to the Federal government in order to obtain release from a personal judgment against him in a State court). Busteed resigned on October 20, 1874, before the full House could vote on the recommendation.
He returned to New York City and the practice of law. He died there on September 14, 1898.
This Richard Busteed is often confused with a Captain Richard Busteed of the Chicago Light Artillery due to a mix-up in pension records.
Ellicot C. V. Blake who was serving on the USS Wabash
and later served as clerk of the court for Busteed in Alabama
.
Union Army
The Union Army was the land force that fought for the Union during the American Civil War. It was also known as the Federal Army, the U.S. Army, the Northern Army and the National Army...
during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. He was a lawyer before and after the war, and also served as the U.S. District Judge of Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
from 1863 – 1874. He became highly controversial in that position, and resigned to avoid likely impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
by the U.S. House of Representatives.
Early life
Busteed was born in Cavan, Ireland. His family relocated to London, OntarioLondon, Ontario
London is a city in Southwestern Ontario, Canada, situated along the Quebec City – Windsor Corridor. The city has a population of 352,395, and the metropolitan area has a population of 457,720, according to the 2006 Canadian census; the metro population in 2009 was estimated at 489,274. The city...
, sometime after his father, George Washington Busteed, was removed as chief secretary of Saint Lucia
Saint Lucia
Saint Lucia is an island country in the eastern Caribbean Sea on the boundary with the Atlantic Ocean. Part of the Lesser Antilles, it is located north/northeast of the island of Saint Vincent, northwest of Barbados and south of Martinique. It covers a land area of 620 km2 and has an...
in 1829. After moving to Canada, the elder Busteed began publishing The True Patriot on which Richard worked as a type-setter
Typesetting
Typesetting is the composition of text by means of types.Typesetting requires the prior process of designing a font and storing it in some manner...
. He accompanied his father to Cincinnati, Ohio
Cincinnati, Ohio
Cincinnati is a city in the U.S. state of Ohio. Cincinnati is the county seat of Hamilton County. Settled in 1788, the city is located to north of the Ohio River at the Ohio-Kentucky border, near Indiana. The population within city limits is 296,943 according to the 2010 census, making it Ohio's...
; Hartford, Connecticut
Hartford, Connecticut
Hartford is the capital of the U.S. state of Connecticut. The seat of Hartford County until Connecticut disbanded county government in 1960, it is the second most populous city on New England's largest river, the Connecticut River. As of the 2010 Census, Hartford's population was 124,775, making...
; and finally settled in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
where he worked on the Commercial Advertiser.
Along with working as a journalist, Busteed was licensed as a Methodist preacher. He visited Ireland for health reasons in 1840. Upon returning to New York he began to study the law
Reading law
Reading law is the method by which persons in common law countries, particularly the United States, entered the legal profession before the advent of law schools. This usage specifically refers to a means of entering the profession . A small number of U.S...
and was admitted to the bar in 1846, thereafter engaging in private practice. He was elected corporation counsel of New York City in 1856 and held that office until 1859. In the presidential election of 1860
United States presidential election, 1860
The United States presidential election of 1860 was a quadrennial election, held on November 6, 1860, for the office of President of the United States and the immediate impetus for the outbreak of the American Civil War. The nation had been divided throughout the 1850s on questions surrounding the...
he was a strong supporter of Stephen A. Douglas
Stephen A. Douglas
Stephen Arnold Douglas was an American politician from the western state of Illinois, and was the Northern Democratic Party nominee for President in 1860. He lost to the Republican Party's candidate, Abraham Lincoln, whom he had defeated two years earlier in a Senate contest following a famed...
, and a bitter opponent of Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
.
Civil War
Once the war erupted, Busteed became a strong Union man. He was appointed a brigadier generalBrigadier general (United States)
A brigadier general in the United States Army, Air Force, and Marine Corps, is a one-star general officer, with the pay grade of O-7. Brigadier general ranks above a colonel and below major general. Brigadier general is equivalent to the rank of rear admiral in the other uniformed...
of volunteers on August 7, 1862, by President Lincoln and assigned duty first in New York and then in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
. On December 15, 1862, he was given command of an independent brigade
Brigade
A brigade is a major tactical military formation that is typically composed of two to five battalions, plus supporting elements depending on the era and nationality of a given army and could be perceived as an enlarged/reinforced regiment...
detached from the VII Corps
VII Corps (ACW)
Two corps of the Union Army were called VII Corps during the American Civil War.-VII Corps :This corps was established 22 July 1862 from various Union troops stationed in southeastern Virginia. The corps' main combat action occurred in the spring of 1863, when it faced Confederate troops of James...
. The brigade was assigned to the peninsula near Yorktown, Virginia
Yorktown, Virginia
Yorktown is a census-designated place in York County, Virginia, United States. The population was 220 in the 2000 census. It is the county seat of York County, one of the eight original shires formed in colonial Virginia in 1634....
. Even though the five colonel
Colonel (United States)
In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general...
s in his brigade sent a joint letter to the 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...
urging his confirmation, the Senate did not confirm the appointment. Busteed not only had enemies from the election of 1860, he had made new ones for his strong support of the administration and his stance on the slavery question. His appointment expired on March 4, 1863, and, relieved of his command, he resigned less than a week later on the 10th, ending his military career.
On November 17, 1863, Busteed 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 Lincoln as United States District Judge for the Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
seats vacated by the death of George W. Lane. Although Alabama comprised three judicial districts at the time, Northern
United States District Court for the Northern District of Alabama
The United States District Court for the Northern District of Alabama is the Federal district court whose jurisdiction comprises the following counties: Bibb, Blount, Calhoun, Cherokee, Clay, Cleburne, Colbert, Cullman, De Kalb, Etowah, Fayette, Franklin, Greene, Jackson, Jefferson, Lamar,...
, Middle
United States District Court for the Middle District of Alabama
The United States District Court for the Middle District of Alabama is the Federal district court whose jurisdiction comprises the following counties: Autauga, Barbour, Bullock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw, Dale, Elmore, Geneva, Henry, Houston, Lee, Lowndes,...
, and Southern
United States District Court for the Southern District of Alabama
The United States District Court for the Southern District of Alabama is the Federal district court whose jurisdiction comprises the following counties: Baldwin, Choctaw, Clarke, Conecuh, Dallas, Escambia, Hale, Marengo, Mobile, Monroe, Perry, Washington, and Wilcox...
,
they shared a single judgeship. Formally nominated on January 5, 1864, this time his enemies in the Senate did not fight his confirmation and the appointment was confirmed unanimously on January 20, 1864. The confirmation may have gone so smoothly because Alabama was still mostly controlled by the Confederacy
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
.
Post Civil War
It was only after the war ended that Busteed was able to take his seat on the bench. He immediately came into disfavor with those pushing for harsh Reconstruction when he decided that the test-oath prescribed by Congress was unconstitutional, so far as it applied to attorneys practising before United States courts. Judges in other states and eventually the United States Supreme Court would deliver similar opinions. In November 1865 Busteed clashed with the U.S. military authorities in Alabama over the suspension of habeas corpusHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
.
Despite these opinions, Alabamans generally considered him corrupt and pro-Northern. In December 1867, he was shot on the street in Mobile
Mobile, Alabama
Mobile is the third most populous city in the Southern US state of Alabama and is the county seat of Mobile County. It is located on the Mobile River and the central Gulf Coast of the United States. The population within the city limits was 195,111 during the 2010 census. It is the largest...
by U.S. District Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
Lucien V. B. Martin, who fired two more shots into him after he fell. Martin went to Texas and was never prosecuted, while Judge Busteed recovered rapidly.
In 1873, President Grant
Ulysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
nominated Busteed to the Supreme Court of the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
. At the same time, Grant nominated Judge David Campbell Humphreys
David Campbell Humphreys
David Campbell Humphreys was a United States federal judge.Born in Morgan County, Alabama, Humphreys began the practice of law in Madison County, Alabama. He was a member of the Alabama House of Representatives in 1843, 1849, 1853, and 1868. He was a planter and in private practice in Huntsville,...
, an Alabama native serving on the District of Columbia court, to assume Busteed's seat, each nomination made contingent on the other's resignation. The Senate, however, viewed these nominations as improper and refused to act on them.
Also in 1873, Busteed was the subject of an impeachment
Impeachment in the United States
Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office...
inquiry by the House Judiciary Committee. The Committee recommended his impeachment on charges of failing to maintain a residence in his judicial district, failing to hold scheduled terms of court, and using his official position to promote his personal interests (specifically, by remitting a fine due to the Federal government in order to obtain release from a personal judgment against him in a State court). Busteed resigned on October 20, 1874, before the full House could vote on the recommendation.
He returned to New York City and the practice of law. He died there on September 14, 1898.
This Richard Busteed is often confused with a Captain Richard Busteed of the Chicago Light Artillery due to a mix-up in pension records.
Family
Richard Busteed’s daughter married LieutenantLieutenant
A lieutenant is a junior commissioned officer in many nations' armed forces. Typically, the rank of lieutenant in naval usage, while still a junior officer rank, is senior to the army rank...
Ellicot C. V. Blake who was serving on the USS Wabash
USS Wabash (1855)
USS Wabash was a steam screw frigate of the United States Navy that served during the American Civil War. She was based on the same plans as . Post-war she continued to serve her country in European operations and eventually served as a barracks ship in Boston, Massachusetts, and was sold in...
and later served as clerk of the court for Busteed in Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
.
See also
- List of American Civil War generals
External links
- Richard Busteed
- Gen Busteed at Picture History
- Obituary in The New York TimesThe New York TimesThe New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...