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LIVINGSTON, EDWARD (1764–1836)

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Originally appearing in Volume V16, Page 812 of the 1911 Encyclopedia Britannica.
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LIVINGSTON, See also:EDWARD (1764–1836) , See also:American jurist and statesman, was See also:born in Clermont, See also:Columbia See also:county, New See also:York, on the 26th of May 1764. He was a See also:great-See also:grandson of See also:Robert Livingston, the first of the See also:family to See also:settle in See also:America (see LIVINGSTON, See also:WILLIAM, below). He graduated at See also:Princeton in 1781, was admitted to the See also:bar in 1785, and began to practise See also:law in New York See also:City, rapidly rising to distinction. In 1795–18o1 he was a Republican representative in See also:Congress, where he was one of the leaders of the opposition to See also:Jay's treaty, introduced the See also:resolution calling upon See also:President See also:Washington for all papers See also:relating to the treaty, and at the See also:close of Washing-ton's See also:administration voted with See also:Andrew See also:Jackson and other radicals against the address to the president. He opposed the See also:Alien and See also:Sedition See also:Laws, introduced legislation on behalf of American See also:seamen, and in 1800 attacked the president for permitting the See also:extradition by the See also:British See also:government of See also:Jonathan Robbins, who had committed See also:murder on an See also:English See also:frigate, and had then escaped to See also:South Carolina and falsely claimed to be an American See also:citizen. In the debate on this question Livingston was opposed by See also:John See also:Marshall. In 1801 Livingston was appointed U.S. See also:district-See also:attorney for the See also:state of New York, and while retaining that position was in the same See also:year appointed See also:mayor of New York City. When, in the summer of 1803, the city was visited with yellow See also:fever, Livingston displayed courage and See also:energy in his endeavours to prevent the spread ,of the disease and relieve See also:distress. He suffered a violent attack of the fever, during which the See also:people gave many proofs of their See also:attachment to him. On his recovery he found his private affairs in some confusion, and he was at the same See also: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 district-attorney, He at once surrendered all his See also:property, resigned his two offices in 1803, and removed See also:early in 1804 to See also:Louisiana. He soon acquired a large law practice in New See also:Orleans, and in 1826 repaid the government in full, including the See also:interest, which at that time amounted to more than the See also:original See also:principal. Almost immediately upon his arrival in Louisiana, where the legal See also:system had previously been based on See also:Roman, See also:French and See also:Spanish law, and where trial by See also:jury and other peculiarities of English See also:common law were now first introduced, he was appointed by the legislature to prepare a provisional See also:code of judicial See also:procedure, which (in the See also:form of an See also:act passed in See also:April 18o5) was continued in force from 1805 to 1825.

In 1807, after See also:

con-ducting a successful suit on behalf of a client's See also:title to a See also:part of the batture or alluvial See also:land near New Orleans, Livingston attempted to improve part of this land (which he had received as his See also:fee) in the Batture, Ste See also:Marie. Great popular excitement was aroused against him; his workmen were mobbed; and See also:Governor Claiborne, when appealed to for See also:protection, referred the question to the Federal government. Livingston's See also:case was damaged by President See also:Jefferson, who believed that Livingston had favoured See also:Burr in the presidential See also: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, and in 1812 published a pamphlet "for the use of counsel" in the case against Livingston, to which Livingston published a crushing reply. Livingston's final victory in the courts brought him little See also:financial profit because of the heavy expenses of the litigation. During the See also:war with See also:England from 1812 to 1815 Livingston was active in rousing the mixed See also:population of New Orleans to resistance. He used his See also:influence to secure See also:amnesty for Lafitte and his followers upon their offer to fight for the city, and in 1814-1815 acted as adviser and volunteer aide-de-See also:camp to See also:General Jackson, who was his See also:personal friend. In 1821, by See also: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 See also:Europe 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 codes—crimes and punishments, procedure, See also:evidence in criminal cases, reform and See also:prison discipline. Though substantially completed in 1824, when it was accidentally burned, and again in 1826, it was not printed entire until 1833. It was never adopted by the state. It was at once reprinted in England, See also:France and See also:Germany, attracting wide praise by its remarkable simplicity and vigour, and especially by See also: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, See also:Sir See also:Henry See also:Maine spoke of Livingston as "the first legal See also:genius of See also:modern times" (See also:Cambridge Essays,' 856, p.17).

The spirit of Livingston's code was remedial rather than vindictive; it provided for the abolition of See also:

capital See also:punishment and the making of See also:penitentiary labour not a punishment forced on the prisoner, but a See also:matter of his choice and a See also:reward for See also:good behaviour, bringing with it better accommodations. His Code of Reform and Prison Discipline was adopted by See also:Guatemala. Livingston was the leading member of a See also:commission appointed to prepare a new See also:civil code,' which for the most part the legislature adopted in 1825, and the most important chapters of which, including all those on See also:contract, were prepared by Livingston alone. Livingston was again a representative in Congress during ' Preliminary See also:work in the preparation of a new civil code had been done by See also:James See also:Brown and See also:Moreau Lislet, who in 18o8 reported a " See also:Digest of the Civil Laws now in force in the Territory of Orleans with Alterations and Amendments adapted to the See also:present Form of Government "1823-1829, a senator in1829-1831, and for two years(1831-1833) secretary of state under President Jackson. In this last position he was one of the most trusted advisers of the president, for whom he prepared a number of state papers, the most important being the famous See also:anti-See also:nullification See also:proclamation of the loth of See also:December 1832. From 1833 to 1835 Livingston was See also:minister plenipotentiary to France, charged with procuring the fulfilment by the French government of the treaty negotiated by W. C. See also:Rives in 1831, by which France had See also:bound herself to pay an See also:indemnity of twenty-five millions of francs for French spoliations of American See also:shipping chiefly under the See also:Berlin and See also:Milan decrees, and the See also:United States in turn agreed to pay to France 1,500,000 francs in See also:satisfaction of French claims. Livingston's negotiations were conducted with excellent See also:judgment, but the French Chamber of Deputies refused to make an See also:appropriation to pay the first See also:instalment due under the treaty in 1833, relations between the two governments became strained, and Livingston was finally instructed to close the See also:legation and return to America. He died on the 23rd of May 1836 at See also:Montgomery See also:Place, Dutchess county, New York, an See also:estate See also:left him by his See also:sister, to which he had removed in 1831. Livingston was twice married. His first wife, iviary McEvers, whom he married on the loth of April 1788, died on the 13th of See also:March 18oi.

In See also:

June 18o5 he married Madame See also:Louise Moreau de Lassy (d. 186o), a widow nineteen years of See also:age, whose See also: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 See also:intellect, and is said to have greatly influenced her See also:husband's public career. See C. H. See also:Hunt, See also:Life of Edward Livingston (New York, 1864); Livingston's See also:Works (2 vols., New York, 1873) ; and Louise Livingston Hunt, Memoir of Mrs Edward Livingston (New York, 1886).

End of Article: LIVINGSTON, EDWARD (1764–1836)

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