the few 3.8 case shot I have seen have all been percussion fuzed too, which isn't typical. Plus, the fuze hole would be too small to put in a wood fuze adaptor, or any metal paper time fuze adaptor so he would have had to cast a different shell nose. Never have seen a bigger than 3.8 type 2 shell. He died in 1863, if I am not mistaken. Maybe larger caliber would have come along on the type 2 I bet a patent connected researcher could look around and see if he was working on it.
Also, his shells were basically known as not reliable for detonation on impact, but James being a governor of Rhode Island, slinging his political influence, got the US government to buy his shells. I wonder if after his death, if they dropped his contracts to supply shells. Anyone know ??