 His service terminated on February 27, 1902, due to his elevation to the Second Circuit.Townsend was nominated by President Theodore Roosevelt on January 15, 1902, to a joint seat on the United States Court of Appeals for the Second Circuit and the United States Circuit Courts for the Second Circuit vacated by Judge Nathaniel Shipman.He was confirmed by the Senate on January 21, 1902, and received his commission the same day.