Bushrod Washington
Bushrod Washington (1762–1829) was an influential American jurist who served as an associate justice of the Supreme Court from 1798 to 1829. He was the nephew of President George Washington and pursued a legal education alongside prominent figures like John Marshall. After serving as a cavalry officer in the Revolutionary War, Washington read law under James Wilson, who later became an associate justice himself. His judicial career was marked by a close collaboration with Marshall, with whom he shared a long tenure on the Court. Known for his commitment to Federalist principles, Washington was often reluctant to dissent, favoring the unity and authority of the Court, and he authored very few dissenting opinions throughout his career. His work as a circuit judge showcased his legal acumen, particularly in cases that defined congressional power and property rights. Washington's legacy includes a focus on disseminating legal precedents and fostering communication among justices on circuit decisions, contributing to the evolution of American jurisprudence.
On this Page
Subject Terms
Bushrod Washington
Judge
- Born: June 5, 1762
- Birthplace: Westmoreland County, Virginia
- Died: November 26, 1829
- Place of death: Philadelphia, Pennsylvania
Nominated by: John Adams
Significance: Washington, a Federalist like many of his fellow Supreme Court justices, tended to join with the majority on the Court, although he expressed his opinion more openly as a circuit judge.
Washington was the son of John Augustine Washington and Hannah Bushrod and the favorite nephew of President George Washington. He initially met John Marshall (later chief justice) during their legal studies at the College of William and Mary. Following his service as a cavalry officer under the Marquis de Lafayette, Washington read law with James Wilson (later associate justice) in Philadelphia.


Washington and Marshall served together in the Virginia Convention, held to adopt and ratify the U.S. Constitution. In 1798 at the urging of former president Washington, both men entered congressional campaigns as Federalists. When Justice Wilson died, President John Adams considered both Marshall and Washington to fill the vacancy. The associate justice position was first offered to Marshall but he chose to continue his congressional race. Washington abandoned his campaign to accept the appointment and, at age thirty-seven, became the youngest justice to that time. Three years later, Marshall accepted appointment as chief justice on the Court.
Justice William Johnson wrote that Washington and Marshall were “commonly estimated as one judge.” However, in the Marshall Court, silent acquiescence in the majority opinion by dissenting justices was the normal practice. Washington publicly disagreed with the chief justice only eight times in their twenty-eight years of joint tenure and with Justice Joseph Story only five times in the fourteen years they were both on the Court. He disfavored dissenting opinions (writing only three), because he believed that such opinions diluted the authority and reputation of the Court. He also avoided concurring opinions except in Dartmouth College v. Woodward (1819). In many instances, he probably felt no need to dissent, as his Federalist principles about strong national government, property rights, the role of the Court, and economic regulation routinely prevailed.
Washington was known as a particularly conscientious and able circuit judge. He first rode circuit in the Deep South, then transferred to the Third Circuit covering New Jersey and Pennsylvania. Washington’s acumen manifested itself more clearly in his circuit decisions, made away from the Court and its imposed norm of unanimity. In that role, he held that congressional power over bankruptcy was supreme and preempted state action in Golden v. Prince (1814), signed the writ of error that advanced Martin v. Hunter’s Lessee (1816) to the Court, and presided over politically charged trials involving the Sedition Act of 1798 and over United States v. Bright (1809), the treason trial of a Pennsylvania militia officer ordered to prevent enforcement of the Court’s decision in United States v. Peters (1809).
Before assuming the bench, Washington had collected and published opinions of the Virginia Court of Appeals. His interest in disseminating precedents and legal reasoning continued as he and his colleagues, especially Justice Story, regularly shared information about their circuit decisions. The justices thus were able to identify, and somewhat guide, issues that would eventually reach the Court.
Bibliography
Bader, William H., and Roy M. Mersky, eds. The First One Hundred Eight Justices. Buffalo, N.Y.: William S. Hein, 2004.
Annis, David. Mr. Bushrod Washington: Supreme Court Justice on the Marshall Court. Notre Dame, Ind.: University of Notre Dame, 1976.
Clinton, Robert, Christopher Budzisz, and Peter Renstrom, eds. The Marshall Court: Justices, Rulings, and Legacy. Santa Barbara, ABC-Clio, 2007.
Custer, Lawrence B. “Bushrod Washington and John Marshall: A Preliminary Inquiry.” American Journal of Legal History 4 (1960): 34-48.
Harrington, Matthew P. Jay and Ellsworth, The First Courts: Justices, Rulings, and Legacy. Santa Barbara, Calif.: ABC-Clio, 2007.
White, G. Edward. The Marshall Court and Cultural Change, 1815-1835. New York: Oxford University Press, 1991.