Busteed received a
recess appointment from President
Abraham Lincoln on November 17, 1863, to a joint seat on the
United States District Court for the Middle District of Alabama, the
United States District Court for the Northern District of Alabama and the
United States District Court for the Southern District of Alabama vacated by Judge
George Washington Lane. He was nominated to the same position by President Lincoln on January 5, 1864. He was confirmed by the
United States Senate on January 20, 1864, and received his commission the same day. His service terminated on October 20, 1874, due to his resignation. In December 1867, he was shot on the street in
Mobile,
Alabama by
United States Attorney Lucien V. B. Martin, who fired two more shots into him after he fell. Martin went to Texas and was never prosecuted, while Busteed recovered rapidly.
Abortive nomination to the Supreme Court of the District of Columbia Busteed was nominated by President
Ulysses S. Grant to the
Supreme Court of the District of Columbia (now the
United States District Court for the District of Columbia) on January 13, 1873. At the same time, President Grant nominated Judge
David Campbell Humphreys, an Alabama native serving on the Supreme Court of the District of Columbia, to assume Busteed's seat, each nomination made contingent on the other's resignation. Busteed resigned before the full House could vote on the recommendation. Representatives
Butler and
Wilson emphasized the revived (previously settled by
Blount in 1799) but still-minority position that resignation was no bar to later impeachment, yet voted with the rest of the committee to terminate proceedings. ==Later career and death==