Henry Brockholst Livingston Explained

Office:Associate Justice of the Supreme Court of the United States
Nominator:Thomas Jefferson
Term Start:January 20, 1807
Term End:March 18, 1823[1]
Predecessor:William Paterson
Successor:Smith Thompson
Birth Date:25 November 1757
Birth Place:New York City, New York, British America
Death Place:Washington, D.C., U.S.
Party:Democratic-Republican
Spouse:
Ann Ludlow
Catherine Seaman
Relatives:William Livingston (Father)
John Jay (brother-in-law)
John Symmes (brother-in-law)
Maurice Power (son-in-law)
Robert Livingston (uncle)
Peter Van Brugh Livingston (uncle)
Philip Livingston (uncle)
Henry Ledyard (grandson)
Signature:Signature of Henry Brockholst Livingston (1757–1823).png

Henry Brockholst Livingston (November 25, 1757 – March 18, 1823) was an American Revolutionary War officer, a justice of the New York Court of Appeals and eventually an associate justice of the Supreme Court of the United States.

Early life

Livingston was born in New York City in 1757 to Susanna French (d. 1789) and William Livingston (1723–1790).[2]

He graduated with a Bachelor of Arts from the College of New Jersey (now Princeton University) in 1774.[3]

Career

Livingston inherited the family estate in New Jersey, Liberty Hall (the modern-day site of Kean University), and retained it until 1798. During the American Revolutionary War, he was a lieutenant colonel of the New York Line, serving on the staff of General Philip Schuyler from 1775 to 1777 and as an aide-de-camp to then-Major General Benedict Arnold at the Battle of Saratoga. He was a private secretary to John Jay, then the U.S. Minister to Spain from 1779 to 1782. Livingston was briefly imprisoned by the British in New York in 1782.

After the war, Livingston read law and was admitted to the bar in 1783. He was in private practice in New York City from 1783 to 1802. He was an Original Member of the Society of the Cincinnati.Livingston served as one of three defense attorneys, alongside Alexander Hamilton and Aaron Burr, in the trial of Levi Weeks for the murder of Elma Sands.[4]

Judicial career

From 1802 to 1807, Livingston served as a justice of the Supreme Court of New York, where he authored a famous dissent in the 1805 case of Pierson v. Post.

Two years later, on November 10, 1806, Livingston received a recess appointment to the Supreme Court of the United States from Thomas Jefferson, to a seat vacated by William Paterson. Formally nominated on December 15, 1806, as Jefferson's second nominee, Livingston was confirmed by the United States Senate on December 17, 1806,[5] and was sworn into office on January 20, 1807.[1] He served on the Supreme Court from then until his death in 1823. During his Supreme Court tenure, Livingston's votes and opinions often followed the lead of Chief Justice John Marshall. In that era, Supreme Court justices were required to ride a circuit; in Justice Livingston's case, he presided over cases in New York State.[6]

Virginia-New York Alliance

Prior to his appointment to the U.S. Supreme Court, Livingston served as a judge for the State Supreme Court of New York, a member of the New York State Assembly, and an immensely prominent political activist. Due to family ties, Livingston's allegiance to the Democratic-Republican party soon faded. Essentially, Livingston rebelled and goaded the Federalists to an enormous extent. With members consisting of Aaron Burr, Robert R. Livingston, and Edward Livingston (both cousins of Brockholst), Livingston became one of the few emerging from a compact political faction in New York to form an alliance with Jefferson's supporters in Virginia. This became known as the Virginia-New York alliance, which proved to be vital in Jefferson's 1800–1801 election.[7]

Later years and death

Livingston was elected a member of the American Antiquarian Society in 1814.[8]

Livingston died in Washington, D.C. His remains are interred at Green-Wood Cemetery in Brooklyn, New York.[9]

Family

Livingston's paternal uncles were Robert Livingston (1708–1790), Peter Van Brugh Livingston (1710–1792), Philip Livingston (1716–1778), and his paternal grandparents were Philip Livingston (1686–1749), the 2nd Lord of Livingston Manor, and Catherine Van Brugh, the only child of Albany mayor Pieter Van Brugh (1666–1740).

His sister, Sarah Van Brugh Livingston (1756–1802), married John Jay (1745–1829) who was a diplomat, one of the Founding Fathers of the United States, signatory of the Treaty of Paris, the second governor of New York, and the first chief justice of the United States, in 1774.

Another sister, Susannah Livingston (1748–1840), married John Cleves Symmes (1742–1814), who was a delegate to the Continental Congress from New Jersey, and later a pioneer in the Northwest Territory. Her stepdaughter Anna Symmes, Symmes' daughter from a previous marriage, married eventual president William Henry Harrison, and was the grandmother of President Benjamin Harrison.[10]

Marriages and children

Livingston married three times. He first married Catherine Keteltas (1761–1804), the daughter of Peter Keteltas and Elizabeth Van Zandt, on December 2, 1784. He and Catherine were the parents of:

After his first wife's death in 1804, he married Ann N. Ludlow (1775–1815), the daughter of Gabriel Henry Ludlow and Ann Williams.[13] Together, they were the parents of:

After his second wife's death in 1815, he married Catherine Seaman (1775–1859), the daughter of Edward Seaman and the widow of Capt. John Kortright.[17] Together, Henry and Catherine were the parents of:[18]

Descendants

Through his daughter Eliza, he was the great-grandfather of Edwin Brockholst Livingston (1852–1929), a historian.

Through his daughter, Susan, he was the grandfather of Henry Brockholst Ledyard (1812–1880) and great-grandfather of Henry Brockholst Ledyard Jr. (1844–1921) and Lewis Cass Ledyard (1851–1932).

Through his daughter, Catherine McVicker, he was the grandfather of Brockholst McVicker (1810–1883)[25] and Archibald McVicker (1816–1904).

Through his daughter, Catherine Power, he was the grandfather of: Brockholst Livingston Power, John Livingston Power, and Alice Livingston Power (who married her cousin, Edwin).

Through his son, Henry, he was the grandfather of Oscar Enrico Federico Livingston (1875–1945).

Through his son Anson, he was the grandfather of Ludlow Livingston (1838–1873), Mary Allen Livingston Harrison (1830–1921) and Ann Ludlow Livingston (1832–1913).

See also

Sources

Further reading

Notes and References

  1. Web site: Justices 1789 to Present. Supreme Court of the United States. Washington, D.C.. February 9, 2022.
  2. Book: Nelson, William . Biographical Sketch of William Colfax, Captain of Washington's Body Guard . 1876 . November 14, 2020 . June 14, 2020 . https://web.archive.org/web/20200614163554/https://books.google.com/books?id=ETYuAAAAYAAJ . live .
  3. Book: Harison, Richard . "Brockholst Livingston," in Princetonians, 1769–1775: A Biographical Dictionary . Princeton University Press . 1980 . Princeton, N.J. . 397–407 . English.
  4. Book: James, Bill . [{{Google books|id=bxyQgM6U5IQC|pg=PT28|plainurl=y}} Popular Crime: Reflections on the Celebration of Violence ]. 2012 . Simon and Schuster . 978-1-4165-5274-1 . 12 .
  5. McMillion. Barry J.. January 28, 2022. Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President. Congressional Research Service. Washington, D.C.. February 9, 2022.
  6. Web site: Livingston, Henry Brockholst . www.fjc.gov . . 9 December 2017 . en . December 10, 2017 . https://web.archive.org/web/20171210073123/https://www.fjc.gov/node/1383961 . live .
  7. Abraham . Henry J. . President Jefferson's Three Appointments to the Supreme Court of the United States: 1804, 1807, and 1807 . Journal of Supreme Court History . 31 . 2 . 2006 . 141–154 . 10.1111/j.1540-5818.2006.00132.x . 145007294 .
  8. Web site: American Antiquarian Society Members Directory . April 14, 2015 . March 3, 2016 . https://web.archive.org/web/20160303233840/http://www.americanantiquarian.org/memberlistl . live .
  9. Web site: Green-Wood Cemetery . March 18, 2013 . December 12, 2017 . December 13, 2017 . https://web.archive.org/web/20171213142001/https://www.green-wood.com/2013/march-18-henry-brockholst-livingston/ . live .
  10. News: Kamuf . Betty . The Life of John Cleves Symmes . April 26, 2017 . Cincinnati.com . . July 20, 2016 . en . January 23, 2021 . https://web.archive.org/web/20210123173451/https://www.cincinnati.com/story/news/local/community-news/2016/07/20/column-life-john-cleves-symmes/87073058/ . live .
  11. Web site: The Livingstons of Livingston Manor . HathiTrust digital library . subscription . January 18, 2014 . July 31, 2021 . https://web.archive.org/web/20210731035113/https://babel.hathitrust.org/cgi/pt?id=wu.89061955639;view=1up;seq=701 . live .
  12. Book: Andreas . Alfred Theodore . History of Chicago From the Earliest Period to the Present Time Vol. II – From 1857 until the Fire of 1871 . 1885 . The A. T. Andreas Company . Chicago . April 26, 2017 . July 31, 2021 . https://web.archive.org/web/20210731040439/https://books.google.com/books?id=F9A4AQAAMAAJ&pg=PA394 . live .
  13. Book: Gordon . William Seton . Gabriel Ludlow and His Descendants . 1919 . April 26, 2017 .
  14. News: Ferreri . James G. . The Underground Railroad wound through Staten Island's Livingston . April 26, 2017 . SILive.com . April 26, 2013 . August 4, 2017 . https://web.archive.org/web/20170804175230/http://www.silive.com/homegarden/index.ssf/2013/04/the_underground_railroad_wound.html . live .
  15. News: Fioravante . Janice . If You're Thinking of Living In/Livingston, Staten Island; Filmgoers May Find the Streets Familiar . April 26, 2017 . . November 24, 2002 . August 5, 2017 . https://web.archive.org/web/20170805020709/http://www.nytimes.com/2002/11/24/realestate/if-you-re-thinking-living-livingston-staten-island-filmgoers-may-find-streets.html . live .
  16. Book: Hall . Henry . America's Successful Men of Affairs: The City of New York Vol. I. . 1895 . New York Tribune . New York . April 26, 2017 . July 31, 2021 . https://web.archive.org/web/20210731035112/https://books.google.com/books?id=X5wMAQAAMAAJ&pg=PA398 . live .
  17. Book: The Letters of Moore Furman, Deputy Quarter-Master General of New Jersey in the Revolution . 1912 . F.H. Hitchcock . New York . 9 . October 3, 2015 . July 31, 2021 . https://web.archive.org/web/20210731085857/https://babel.hathitrust.org/cgi/pt?id=loc.ark%3A%2F13960%2Ft11n8j47r%3Bview%3D1up%3Bseq%3D27 . live .
  18. Book: Livingston . Edwin Brockholst . The Livingstons of Livingston Manor: Being the History of that Branch of the Scottish House of Callendar which Settled in the English Province of New York During the Reign of Charles the Second; and Also Including an Account of Robert Livingston of Albany, "The Nephew," a Settler in the Same Province and His Principal Descendants . 1910 . The Knickerbocker Press . New York . April 26, 2017 . en .
  19. Book: Lodge . Edmund . The Peerage, Baronetage, Knightage & Companionage of the British Empire . 1890 . Hurst and Blackett, Limited . London . April 26, 2017 . en . July 31, 2021 . https://web.archive.org/web/20210731035114/https://books.google.com/books?id=FO1DAQAAMAAJ&pg=PA857 . live .
  20. Book: Urban . Sylvanus . The Gentleman's Magazine and Historical Review, Vol. XLIII . 1855 . John Bowyer Nichols and Sons . London . April 26, 2017 . en . July 31, 2021 . https://web.archive.org/web/20210731035111/https://books.google.com/books?id=N7DPAAAAMAAJ&pg=PA523 . live .
  21. News: Legal Notices . 2 . . January 20, 1860 . 2021-05-13 . Newspapers.com . May 13, 2021 . https://web.archive.org/web/20210513161158/https://www.newspapers.com/clip/77624401/legal-notices-supreme-court/ . live .
  22. Book: De Burgh . Hussey . The Landowners of Ireland . 1878 . Hodges, Foster, and Figgis . April 26, 2017 . November 28, 2017 . https://web.archive.org/web/20171128121959/http://www.askaboutireland.ie/reading-room/digital-book-collection/digital-books-by-subject/history-of-ireland/de-burgh-the-landowners-o/index.xml . live .
  23. News: Death of Henry Livingston . . London . 2 . July 21, 1892 . 2021-05-13 . Newspapers.com . May 13, 2021 . https://web.archive.org/web/20210513161158/https://www.newspapers.com/clip/77624538/death-of-henry-livingston/ . live .
  24. Book: di Magistrati . Annali della giurisprudenza italiana: raccolta generale di decisioni in materia civile e commerciale, di diritto pubblico e amministrativo e di procedura civile . 1877 . Firenze . April 26, 2017 . it . July 31, 2021 . https://web.archive.org/web/20210731040440/https://books.google.com/books?id=2LgrAQAAMAAJ&pg=RA2-PA284 . live .
  25. Book: Society . Chicago Medical . History of medicine and surgery and physicians and surgeons of Chicago, endorsed by and published under the supervision of the council of the Chicago Medical Society . 1922 . The Biographical Publishing Corporation . April 26, 2017 . en . July 31, 2021 . https://web.archive.org/web/20210731035111/https://books.google.com/books?id=HWVVAAAAYAAJ&pg=PA35 . live .

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