Edward Livingston
Encyclopedia
Edward Livingston was an American
jurist and statesman. He was an influential figure in the drafting of the Louisiana Civil Code of 1825, a civil code based largely on the Napoleonic Code
. He represented both New York
, and later Louisiana in Congress and he served as the U.S. Secretary of State from 1831 to 1833.
, Columbia County
, New York
. He was the youngest son of Robert Livingston
and a member of the prestigious Livingston family
. He graduated from Princeton University
in 1781, was admitted to the bar in 1785, and began to practice law in New York City
, rapidly rising to distinction. From 1795 to 1801 Livingson was a Democratic-Republican U.S. Representative in the United States Congress
from the state of New York, where he was one of the leaders of the opposition to Jay's Treaty, and introduced the resolution calling upon President
George Washington
to furnish Congress with the details of the negotiations of the peace treaty with the Kingdom of Great Britain
, which the President refused to share. At the close of Washington’s administration he voted with Andrew Jackson and other radicals against the address to the president.
Livingston was a prominent opponent of the Alien and Sedition Laws, introduced legislation on behalf of American seamen, and in 1800 attacked the president for permitting the extradition to the British government of Jonathan Robbins, who had committed murder on an English frigate and then escaped to South Carolina
and falsely claimed to be an American citizen. In the debate on this question Livingston was opposed by John Marshall
. In 1801 Livingston was appointed United States Attorney
for the district of New York, and while retaining that position was in the same year appointed Mayor of New York
. When, in the summer of 1803, the city was visited with yellow fever
, Livingston displayed courage and energy in his endeavours to prevent the spread of the disease and relieve distress. He suffered a violent attack of fever, during which the people gave many proofs of their attachment to him. On his recovery he found his private affairs in some confusion, and he was at the same time deeply indebted to the government for public funds which had been lost through the mismanagement or dishonesty of a confidential clerk, and for which he was responsible as US attorney. He at once surrendered all his property, resigned his two offices in 1803, and moved early in 1804 to Louisiana
. He soon acquired a large law practice in New Orleans, and in 1826 repaid the government in full, including the interest, which at that time amounted to more than the original principal.
, French and Spanish law, and where trial by jury and other particularities of English common law were now first introduced, he was appointed by the legislature to prepare a provisional code of judicial procedure, which (in the form of an act passed in April 1805) was continued in force from 1805 to 1825. In 1807, after conducting a successful suit on behalf of a client’s title to a part of the batture or alluvial land near New Orleans, Livingston attempted to improve part of this land (which he had received as his fee) in the Batture Ste. Marie. Great popular excitement was aroused against him; his workmen were mobbed; and Governor William C. C. Claiborne, when appealed to for protection, referred the question to the Federal government.
It has been alleged that Livingston’s case was damaged by then-President Thomas Jefferson
, who believed that Livingston had favored Aaron Burr
in the presidential election of 1800, and that he had afterwards been a party to Burr’s schemes. Jefferson made it impossible for Livingston to secure his title since by asserting the claim that such battures were the property of the Federal government, Livingston's title obtained from the Territorial Court notwithstanding. In response, Livingston filed a civil lawsuit against Jefferson in 1810. After the case was dismissed on 5 December 1811 by Chief Justice John Marshall
due to lack of jurisdiction, Jefferson nonetheless in 1812 completed and published a pamphlet originally intended “for the use of counsel” in the case against Livingston, to which Livingston published a reply. During the war with England
from 1812 to 1815, Livingston was active in rousing the mixed population of New Orleans to resistance. He used his influence to secure amnesty for Jean Lafitte
and his followers upon their offer to fight for the city, and in 1814—1815 acted as adviser and volunteer aide-de-camp to General Andrew Jackson
, who was his personal friend.
and America as the "Livingston Code". It was prepared in both French and English, as was required by the necessities of practice in Louisiana, and actually consisted of four sections: crimes and punishments, procedure, evidence in criminal cases, reform and prison discipline. Though substantially completed in 1824, when it was accidentally burned, and again in 1826, it was not printed in its entirety until 1833. It was never adopted by the state. It was at once reprinted in England, France
and Germany
, attracting wide praise by its remarkable simplicity and vigor, and especially by reason of its philanthropic provisions in the code of reform and prison discipline, which noticeably influenced the penal legislation of various countries. In referring to this code, Sir Henry Maine spoke of Livingston as “the first legal genius of modern times”. The spirit of Livingston’s code was remedial rather than vindictive; it provided for the abolition of capital punishment and the making of penitentiary labor not a punishment forced on the prisoner, but a matter of his choice and a reward for good behavior, bringing with it better accommodations. His Code of Reform and Prison Discipline was adopted by the government of the short-lived United States of Central America under liberal president Francisco Morazán
. Livingston was the leading member of a commission appointed to prepare a new civil code, which for the most part the legislature adopted in 1825, and the most important chapters of which, including all those on contract, were prepared by Livingston alone.
Livingston was again a representative in Congress during preliminary work in the preparation of a new civil code, done by James Brown and Moreau Lislet, who in 1808 reported a "Digest of the Civil Laws now in force in the Territory of Orleans with Alterations and Amendments adapted to the present Form Of Government”.
from Louisiana
from 1823 to 1829, a U.S. Senator
from 1829 to 1831, and for two years (1831–1833) United States Secretary of State
under President Jackson. In this last position he was one of Jackson's most trusted advisers. Livingston prepared a number of state papers for President Jackson, the most important being the famous anti-nullification proclamation of the 10th of December 1832.
From 1833 to 1835, Livingston was minister plenipotentiary to France, charged with procuring the fulfilment by the French government of the treaty negotiated by W. C. Rives in 1831, by which France had bound herself to pay an indemnity of twenty-five millions of francs for French spoliations of American shipping chiefly under the Berlin
and Milan
decrees, and the United States in turn agreed to pay to France 1,500,000 francs in satisfaction of French claims. Livingston's negotiations were conducted with excellent judgment, but the French Chamber of Deputies refused to make an appropriation to pay the first instalment due under the treaty in 1833, relations between the two governments became strained, and Livingston was finally instructed to close the legation and return to America.
Livingston died at Montgomery Place
, Rhinebeck, Dutchess County, New York
, an estate left him by his sister, to which he had removed in 1831. He was twice married. His first wife, Mary McEvers, whom he married on the 10 April 1788, died on the 13 March 1801. In June 1805 he married Madame Louise Moreau de Lassy or D'Avezac, a widow 19 years of age, whose maiden name was Davezac de Castera, and who was a refugee in New Orleans from the revolution in Santo Domingo
. She was a woman of extraordinary beauty and intellect, and is said to have greatly influenced her husband's public career.
is named after Edward Livingston, in honor of the Livingston Code. Livingston County, Illinois
, Livingston County, Michigan
, Livingston Parish, Louisiana, Livingston, Tennessee
, and Livingston County, Missouri are also named for him.
Edward Livingston Middle School, in New Orleans, Louisiana
, is also named for him. Fort Livingston, Louisiana
is named for him as well.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurist and statesman. He was an influential figure in the drafting of the Louisiana Civil Code of 1825, a civil code based largely on the Napoleonic Code
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
. He represented both New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, and later Louisiana in Congress and he served as the U.S. Secretary of State from 1831 to 1833.
Early life
Livingston was born in ClermontClermont, New York
Clermont is a town in Columbia County, New York, United States. The population was 1,726 at the 2000 census. The name of the town is French for "Clear Mountain," referring to the mountain views in the town....
, Columbia County
Columbia County, New York
Columbia County is a county located in the U.S. state of New York. As of the 2010 census, the population was 63,096. The county seat is Hudson. The name comes from the Latin feminine form of the name of Christopher Columbus, which was at the time of the formation of the county a popular proposal...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. He was the youngest son of Robert Livingston
Robert Livingston (1718-1775)
Robert R. Livingston was a prominent politician, and a leading Whig in New York in the years leading up to the American Revolution. He was the son of Robert Livingston of Clermont and married Margaret Beekman, heir to immense tracts of land in Dutchess and Ulster counties...
and a member of the prestigious Livingston family
Livingston family
The Livingston family of was a prominent family which migrated from Scotland to the Dutch Republic to the Province of New York in the 17th century. Descended from William, 4th Lord Livingston, its members included signers of the United States Declaration of Independence and the United States...
. He graduated from Princeton University
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
in 1781, was admitted to the bar in 1785, and began to practice law 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...
, rapidly rising to distinction. From 1795 to 1801 Livingson was a Democratic-Republican U.S. Representative in the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
from the state of New York, where he was one of the leaders of the opposition to Jay's Treaty, and introduced the resolution calling upon President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
to furnish Congress with the details of the negotiations of the peace treaty with the Kingdom of Great Britain
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
, which the President refused to share. At the close of Washington’s administration he voted with Andrew Jackson and other radicals against the address to the president.
Livingston was a prominent opponent of the Alien and Sedition Laws, introduced legislation on behalf of American seamen, and in 1800 attacked the president for permitting the extradition to the British government of Jonathan Robbins, who had committed murder on an English frigate and then escaped to South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
and falsely claimed to be an American citizen. In the debate on this question Livingston was opposed by John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
. In 1801 Livingston was appointed United States 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...
for the district of New York, and while retaining that position was in the same year appointed Mayor of New York
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...
. When, in the summer of 1803, the city was visited with yellow fever
Yellow fever
Yellow fever is an acute viral hemorrhagic disease. The virus is a 40 to 50 nm enveloped RNA virus with positive sense of the Flaviviridae family....
, Livingston displayed courage and energy in his endeavours to prevent the spread of the disease and relieve distress. He suffered a violent attack of fever, during which the people gave many proofs of their attachment to him. On his recovery he found his private affairs in some confusion, and he was at the same time deeply indebted to the government for public funds which had been lost through the mismanagement or dishonesty of a confidential clerk, and for which he was responsible as US attorney. He at once surrendered all his property, resigned his two offices in 1803, and moved early in 1804 to Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
. He soon acquired a large law practice in New Orleans, and in 1826 repaid the government in full, including the interest, which at that time amounted to more than the original principal.
Louisiana
Almost immediately upon his arrival in Louisiana, where the legal system had previously been based on RomanRoman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, French and Spanish law, and where trial by jury and other particularities of English common law were now first introduced, he was appointed by the legislature to prepare a provisional code of judicial procedure, which (in the form of an act passed in April 1805) was continued in force from 1805 to 1825. In 1807, after conducting a successful suit on behalf of a client’s title to a part of the batture or alluvial land near New Orleans, Livingston attempted to improve part of this land (which he had received as his fee) in the Batture Ste. Marie. Great popular excitement was aroused against him; his workmen were mobbed; and Governor William C. C. Claiborne, when appealed to for protection, referred the question to the Federal government.
It has been alleged that Livingston’s case was damaged by then-President Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
, who believed that Livingston had favored Aaron Burr
Aaron Burr
Aaron Burr, Jr. was an important political figure in the early history of the United States of America. After serving as a Continental Army officer in the Revolutionary War, Burr became a successful lawyer and politician...
in the presidential election of 1800, and that he had afterwards been a party to Burr’s schemes. Jefferson made it impossible for Livingston to secure his title since by asserting the claim that such battures were the property of the Federal government, Livingston's title obtained from the Territorial Court notwithstanding. In response, Livingston filed a civil lawsuit against Jefferson in 1810. After the case was dismissed on 5 December 1811 by Chief Justice John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
due to lack of jurisdiction, Jefferson nonetheless in 1812 completed and published a pamphlet originally intended “for the use of counsel” in the case against Livingston, to which Livingston published a reply. During the war with England
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
from 1812 to 1815, Livingston was active in rousing the mixed population of New Orleans to resistance. He used his influence to secure amnesty for Jean Lafitte
Jean Lafitte
Jean Lafitte was a pirate and privateer in the Gulf of Mexico in the early 19th century. He and his elder brother, Pierre, spelled their last name Laffite, but English-language documents of the time used "Lafitte", and this is the commonly seen spelling in the United States, including for places...
and his followers upon their offer to fight for the city, and in 1814—1815 acted as adviser and volunteer aide-de-camp to General Andrew Jackson
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
, who was his personal friend.
Livingston Code
In 1821, by appointment of the legislature, of which he had become a member in the preceding year, Livingston began the preparation of a new code of criminal law and procedure, afterwards known in EuropeEurope
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
and America as the "Livingston Code". It was prepared in both French and English, as was required by the necessities of practice in Louisiana, and actually consisted of four sections: crimes and punishments, procedure, evidence in criminal cases, reform and prison discipline. Though substantially completed in 1824, when it was accidentally burned, and again in 1826, it was not printed in its entirety until 1833. It was never adopted by the state. It was at once reprinted in England, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, attracting wide praise by its remarkable simplicity and vigor, and especially by reason of its philanthropic provisions in the code of reform and prison discipline, which noticeably influenced the penal legislation of various countries. In referring to this code, Sir Henry Maine spoke of Livingston as “the first legal genius of modern times”. The spirit of Livingston’s code was remedial rather than vindictive; it provided for the abolition of capital punishment and the making of penitentiary labor not a punishment forced on the prisoner, but a matter of his choice and a reward for good behavior, bringing with it better accommodations. His Code of Reform and Prison Discipline was adopted by the government of the short-lived United States of Central America under liberal president Francisco Morazán
Francisco Morazán
General Francisco Morazán was a Honduran general and a politician who ruled several Central American states at different times during the turbulent period from 1827 to 1842. He rose to prominence at the legendary Battle of La Trinidad on November 11, 1827...
. Livingston was the leading member of a commission appointed to prepare a new civil code, which for the most part the legislature adopted in 1825, and the most important chapters of which, including all those on contract, were prepared by Livingston alone.
Livingston was again a representative in Congress during preliminary work in the preparation of a new civil code, done by James Brown and Moreau Lislet, who in 1808 reported a "Digest of the Civil Laws now in force in the Territory of Orleans with Alterations and Amendments adapted to the present Form Of Government”.
Later career
Livingston served as a U.S. RepresentativeUnited States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
from Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
from 1823 to 1829, a U.S. Senator
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...
from 1829 to 1831, and for two years (1831–1833) United States Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
under President Jackson. In this last position he was one of Jackson's most trusted advisers. Livingston prepared a number of state papers for President Jackson, the most important being the famous anti-nullification proclamation of the 10th of December 1832.
From 1833 to 1835, Livingston was minister plenipotentiary to France, charged with procuring the fulfilment by the French government of the treaty negotiated by W. C. Rives in 1831, by which France had bound herself to pay an indemnity of twenty-five millions of francs for French spoliations of American shipping chiefly under the Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
and Milan
Milan
Milan is the second-largest city in Italy and the capital city of the region of Lombardy and of the province of Milan. The city proper has a population of about 1.3 million, while its urban area, roughly coinciding with its administrative province and the bordering Province of Monza and Brianza ,...
decrees, and the United States in turn agreed to pay to France 1,500,000 francs in satisfaction of French claims. Livingston's negotiations were conducted with excellent judgment, but the French Chamber of Deputies refused to make an appropriation to pay the first instalment due under the treaty in 1833, relations between the two governments became strained, and Livingston was finally instructed to close the legation and return to America.
Livingston died at Montgomery Place
Montgomery Place
Montgomery Place, near Barrytown, New York, United States, is an early 19th-century estate that has been designated a National Historic Landmark. It is also a contributing property to the Hudson River Historic District, also a National Historic Landmark....
, Rhinebeck, Dutchess County, New York
Dutchess County, New York
Dutchess County is a county located in the U.S. state of New York, in the state's Mid-Hudson Region of the Hudson Valley. The 2010 census lists the population as 297,488...
, an estate left him by his sister, to which he had removed in 1831. He was twice married. His first wife, Mary McEvers, whom he married on the 10 April 1788, died on the 13 March 1801. In June 1805 he married Madame Louise Moreau de Lassy or D'Avezac, a widow 19 years of age, whose maiden name was Davezac de Castera, and who was a refugee in New Orleans from the revolution in Santo Domingo
Santo Domingo
Santo Domingo, known officially as Santo Domingo de Guzmán, is the capital and largest city in the Dominican Republic. Its metropolitan population was 2,084,852 in 2003, and estimated at 3,294,385 in 2010. The city is located on the Caribbean Sea, at the mouth of the Ozama River...
. She was a woman of extraordinary beauty and intellect, and is said to have greatly influenced her husband's public career.
Monuments and memorials
The town of Livingston, GuatemalaLivingston, Guatemala
Livingston is the name of a town in Izabal Department, eastern Guatemala, at the mouth of theRío Dulce at the Gulf of Honduras. The town serves as the municipal seat of the municipality of the same name.It was Guatemala's main port on the Caribbean Sea before the construction of nearby Puerto...
is named after Edward Livingston, in honor of the Livingston Code. Livingston County, Illinois
Livingston County, Illinois
Livingston County is a county located in the U.S. state of Illinois. According to the 2010 census, it has a population of 38,950, which is a decrease of 1.8% from 39,678 in 2000. Its county seat is Pontiac....
, Livingston County, Michigan
Livingston County, Michigan
-Demographics:As of the census of 2000, there were 156,951 people, 55,384 households, and 43,531 families residing in the county. The population density was 276 people per square mile . There were 58,919 housing units at an average density of 104 per square mile...
, Livingston Parish, Louisiana, Livingston, Tennessee
Livingston, Tennessee
Livingston is a town in Overton County, Tennessee, United States. The population was 3,498 at the 2000 census. It is the county seat of Overton County...
, and Livingston County, Missouri are also named for him.
Edward Livingston Middle School, in New Orleans, Louisiana
New Orleans, Louisiana
New Orleans is a major United States port and the largest city and metropolitan area in the state of Louisiana. The New Orleans metropolitan area has a population of 1,235,650 as of 2009, the 46th largest in the USA. The New Orleans – Metairie – Bogalusa combined statistical area has a population...
, is also named for him. Fort Livingston, Louisiana
Fort Livingston, Louisiana
Fort Livingston is a 19th century coastal defense fort located on Grand Terre Island in Jefferson Parish, Louisiana. The fort was named after Edward Livingston who had held positions as Mayor of New York, Senator from Louisiana, and Secretary of State under President Andrew Jackson. The structure...
is named for him as well.