Livingston

LIVINGSTON, EDWARD (b. Columbia Co., N.Y., 1764; d. Dutchess Co., N.Y., 1836), lawyer, statesman. Son of Robert Livingston (1718-1775). Graduated College of New Jersey (Princeton), 1781; studied law at Albany under John Lansing. Practiced law in New York City post 1785. Congressman, (Democrat) Republican, from New York, 1795-1801. Acting (1801-1803) simultaneously as U.S. attorney for New York and as mayor of New York City, he was held responsible for the defalcation of an agent and gave up all his own property to be sold in order to make restitution of the loss to the Treasury. Removing to New Orleans, La., 1804, he began practice of the law there, struggling meanwhile under a weight of private as well as public debt. Falsely accused of abetting Aaron Burr in his 1806 activities, Livingston no sooner cleared himself of these charges before he was brought into controversy with President Jefferson over the rights to certain alluvial lands at New Orleans which Livingston claimed. Dispossessed of the property, he published pamphlets on the subject and complained of his treatment in the courts and before Congress.

As chairman of the New Orleans committee of public defense, Livingston organized the people of Louisiana in their resistance to British invasion, 1814. At the battle of New Orleans he served Andrew Jackson as aide-de-camp, interpreter, and adviser. Commissioned, 1821, to revise the Louisiana penal law, he completed a code in 1825 which aimed at the prevention rather than the punishment of crime. Although it was not adopted, the publication of the code brought him wide fame. As a Democrat, he represented the New Orleans district in the U.S. House of Representatives, 1823-1829, and was chosen by the legislature to be U.S. Senator, 1829-1831. As U.S. secretary of state, 1831-1833, he drafted the celebrated 1832 proclamation to the South Carolina nullifiers; he also secured an admission by the French Government in 1831 of the justice of American claims for spoilation under the Berlin and Milan decrees. His last public service was as U.S. minister to France, 1833-1835.

1764 Born at Clermont, Columbia County, New York, the youngest of 11 children born to Robert R. Livingston and Margaret Beekman Livingston (May 28) 1775 Father Robert R. Livingston dies (December); Edward sent to school in Albany 1779 Enters junior class, College of New Jersey (Princeton) 1781 Graduates from College of New Jersey 1781 Returns to Clermont to study French and German (until 1782) 1782 Begins studying law at the office of John Lansing in Albany 1785 Admitted to Bar (January) 1786 Becomes an officer in the New York County Militia (until 1790) 1788 Marries Mary McEvers (April 10) 1791 Nominated, but defeated for election to New York Assembly 1792 Defeated again for the state assembly; Edward and other Livingstons oppose John Jay's election to governor 1794 Nominated for election to Congress (Nov. 14); elected, he assumes his seat in December of 1795 1795 Moves to reform the penal code, which he claims is too sanguinary - the beginning of a lifelong devotion to this cause 1796 Opposes John Jay's Treaty; re-elected to Congress 1798 Opposes Alien and Sedition bills; Re-elected again; does not run in 1800 1800 Mother Margaret Beekman Livingston dies 1801 Wife Mary McEvers dies of scarlet fever 1801 Appointed U.S. District Attorney for the District of New York (March 27) 1801 Appointed Mayor of New York City 1802 Son Charles dies at age 12 (Nov.) 1803 Serves as president of the Academy of Fine Arts 1803 A subordinate from the District Attorney's office absconds with $44,000 in customs house funds - Livingston takes the blame for the scandal and resigns from both public offices, and is saddled with a fine of $100,000 to the U.S. government 1804 Re-settles in New Orleans, hoping to recoup his fortunes there; he leaves his children in New York with brother John R. Livingston and begins practicing law in his new home 1804 Leads local opposition to the March 1804 act of Congress that provided for partition of Louisiana territory, restrictions on the import of slaves, and deferred admittance to the Union 1805 Authors and publishes a code of civil laws which receives legislative sanction 1805 Marries Louise D'Avezac Moreau de Lassy (June 3), a young widow and refugee from the slave insurrection in French Santo Domingo 1806 Daughter Coralie born, the only one of Edward Livingston's children who lives to adulthood, and the only child born to second wife Louise during their marriage 1806-1807 Opposes the military authority of General James Wilkinson, who accuses Livingston of conspiring with Aaron Burr 1807 Acquires an interest in the New Orleans Batture, an alluvial deposit also claimed by the Corporation of the City of New Orleans and freely used by the public. Livingston attempts to use the property for his own commercial purposes and stirs up great local resentment. The problem is escalated when President Jefferson orders the tract seized as property belonging to the Federal government. Livingston will spend the rest of his life trying to reclaim the land as his. In fact, the battle in the courts will not be resolved until after his death, in the 1840's 1813 Daughter Julia, (born 1794) dies in New York 1813 Publishes "An Answer to Mr. Jefferson's Justification of his Conduct in the Case of the New Orleans Batture," one of several pamphlets by Livingston on the case, and one of many on the subject 1814 Serves as chairman of the local committee for the public defence, helping the war effort; serves as an aide-de-camp to Andrew Jackson, and sees action in battle 1815 Battle of New Orleans (Jan. 8) 1816 Runs unsuccessfully for the Louisiana State Legislature from Plaquemines Parish 1818 Runs unsuccessfully for Congress 1820 Elected to Louisiana Legislature; serves on many committees, devoting considerable time to judicial and social reform 1821 Commissioned to revise the state's penal laws (he will work on this until 1824; the draft gets burned in a fire on the day of completion; he begins again and finishes his "Penal Code" within another two years) 1821 Son Lewis, (born 1798), dies at sea, of comsumption (December) 1822 Works on revising the civil code and code of procedure, and begins preparing a commercial code (until 1825) 1822 Elected to Congress, taking his seat in the House in Dec., 1823. He will continue to be re-elected until 1828 1823 Moves to Lafayette Sq. Washington, D.C. 1824-1829 As congressman, Livingston supports internal improvements, proposes amendment of naturalization laws, proposes an amendment to the Constitution providing for direct election of the President by the people, requests aid for the relief of Greeks, advocates veterans rights, opposes the tariff measures of 1824, 1826, and 1827, and supports a bill to award General Lafayette and his heirs a tract of land in recognition of his services 1824 Livingston supports Andrew Jackson in his unsuccessful run for the presidency 1825 Livingston's penal code, entitled "A System of Penal Law" completed; The codes, well defined, outline and define legal procedure, rules for evidence, an enumeration of crimes and punishments, and set up an infrastructure of institutions which provide for the incarceration of criminals, their reform, and the welfare of poor as well. The system also advocates the abolition of capital punishment. The code is presented to the legislature of Louisiana, but fails to receive official sanction, but the publication of his work will make him an international celebrity. 1826 Debt to the U.S. government (for the 1803 scandal) finally paid off 1828 Campaigns for Andrew Jackson again; fails to get re-elected to Congress due to his absence from Louisiana; presents his penal code to the U.S. Senate, but no action is taken on it; Jackson offers Livingston the Minister to France post, but he declines due to personal affairs and work on his codes 1828 Sister Janet Montgomery dies (November 6), bequething the bulk of her fortune, including Montgomery Place, to Edward Livingston 1829 Elected U.S. senator from Louisiana by the Louisiana Legislature 1831 Takes oath of office as Secretary of State (May 24). Current affairs during his term in office include: the South Carolina nullification dispute; the Maine boundary dispute, the effort to purchase Texas; the negotiation of spoilations treaties with France, Portugal, the Kingdom of Two Sicilies, and Spain; and commercial relations with various countries 1832 Writes the "Nullification Proclamation" for Andrew Jackson (December) 1833 Resigns as secretary of state to become Minister to France; the goal of his appointment is to encourage the French to pay up their spoilations debts to the U.S. (from the time of the Napoleonic Wars), as agreed in a treaty of July 4, 1831; son-in-law Thomas P. Barton is appointed as secretary to the legation 1835 Returns to the U.S. and retires to Montgomery Place 1836 Dies of bilious colic at Montgomery Place (May 21) 1743 Janet Montgomery born at Clermont, the first child of Judge Robert R. Livingston and Margaret Beekman Livingston (August 27) 1773 Marries Richard Montgomery, a former British Army officer (July 23) 1775 Richard Montgomery appointed a Brigadier General in the Continental Army (June) 1775 Grandfather Robert Livingston dies (June); father Robert R. Livingston dies (December) 1775 Richard Montgomery killed in the siege of Quebec (December 31) 1776 Grandfather Henry Beekman dies (January 3) 1779 Janet inherits a vast amount of land in Delaware County from her Grandfather Livingston's estate 1784 General Horatio Gates proposes to Janet Montgomery, but she turns him down; they remain friends 1786 (circa) Janet purchases property confiscated from Loyalist James DeLancey in New York City 1789-1790 Janet travels to Ireland to visit Richard Montgomery's family, particularly his sister Lady Ranelagh 1796 or 1797 William Jones, son of the Ranelaghs, emigrates to New York and becomes Janet's "adopted son" 1800 Mother Margaret Beekman Livingston dies; Janet inherits a share of her grandfather Henry Beekman's property in Rhinebeck and the town of Beekman 1802 Janet purchases a 242-acre farm from John and Catherine Van Benthuysen, in Red Hook, the future site of "Chateau de Montgomery" (Montgomery Place) 1804-1805 Construction of the new house at Montgomery Place 1804 Janet enters in agreement with James McWilliams to start a commercial nursery on the farm 1815 Nephew William Jones, Janet's heir, dies (February 15); nephew Lewis Livingston, son of brother Edward, becomes the new heir 1818 Richard Montgomery's remains are brought back to New York from Quebec with a great deal of ceremony (July) 1821 Lewis Livingston dies of consumption, at sea (December); brother Edward is named as the next heir to Janet's estate in the fall of 1823 1824 Lafayette visits Montgomery Place (September 18) 1828 Janet Montgomery dies at Montgomery Place (November 6)