Call Number:

C0280

Repository:

Princeton University Library: Manuscripts Division

Extent:

• 178 boxes
• 120 linear feet

Language:

English, French, Russian, and German

Preferred Citation:

Identification of specific item; Date (if known); Edward Livingston Papers, Box and Folder Number; Special Collections, Princeton University Library.

Date:

1683-1877 (inclusive) and 1764-1836 (bulk)

Creator:

Livingston, Edward, 1764-1836 and Pilié, Louis Joseph

Form:

Account books, Business records, Campaign literature, 1828, Deeds., Diplomatic documents, Leases., Ledgers, Legal correspondence, American., Maps., Tax records, and Wills

Abstract:

The Edward Livingston Papers document the career of American lawyer, diplomat, statesman, and legal theorist Edward Livingston. The collection also contains domestic, financial, and property records of some three dozen others, mostly members of the Livingston/Beekman branch of the Hudson River Valley Livingstons and the Montgomery, Davezac, Barton, and Hunt families; the family surveyor/agent John Cox, Jr.; and an Albany-area merchant Benjamin French, whose forfeited estate ended up in Edward Livingston's hands for debt collection.

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)

Edward Livingston, 1764-1836, a key figure in local, national, and world politics, is represented by correspondence, writings, property records, financial records, and other manuscript and printed items. In general, the arrangement of his papers is dictated by his varied career; however, a sizable correspondence series, spans most of his adult life. Livingston's correspondents comprise a veritable "who's who" of late 18th- and early 19th century politicians, statesmen, and jurists.

The collection is especially strong in Livingston's work in the area of criminal jurisprudence. A special series on the subject contains correspondence with world-renowned legal theorists and jurists, topical writings and drafts, and a collection of works on such issues as penal reform and the abolition of capital punishment. There is also much documentary evidence of his role in the Jackson administration as a supporter in the Congress and Senate, and later as secretary of state and minister to France. A draft of the "Nullification Proclamation," written by Livingston for Jackson, is in the collection. The collection also contains many legal records relating to both his law practice and private affairs, including the 1803 "customs house funds scandal," his entanglement with General James Wilkinson over the Burr controversy, and the split with Thomas Jefferson over the New Orleans Batture.

The women of the Livingston family - Margaret Beekman Livingston, 1724-1800 (Edward's mother); Janet Livingston Montgomery, 1743-1828 (Edward's sister); Louise D'Avezac Livingston, circa 1781-1860 (Mrs. Edward Livingston); and Coralie Livingston Barton, 1803-1873 (Edward and Louise's daughter) - are well represented in the collection. Margaret and Janet, both widowed in mid-life, became powerful landowners and matriarchs in the Hudson Valley, as well as central figures in society. Their land records, financial documents, and correspondence from the well-born and poor tenant alike are clear evidence of their stature. Mrs. Livingston, too, was a well-respected hostess in whose parlor intellectuals and political figures gathered. Coralie, once the belle of New Orleans, was devoted to her father, and remained interested in her father's work in criminal jurisprudence. Her efforts led to the re-issue of Edward Livingston's works in 1873, and it was she who augmented his collection of works on that subject after his death.

There are small, but significant concentrations of records of relatives-by-marriage, such as brother-in-law Auguste Davezac, 1780-1851, diplomat to the Netherlands; Thomas Pennant Barton, 1803-1869, who joined father-in-law Edward Livingston on the mission to Paris as secretary to the legation; and General Richard Montgomery, 1738-1775, husband of Janet Livingston, whose letters on the fatal march to Quebec are a particular attraction of this collection.

The collection contains a variety of ledgers and other financial records which span almost three centuries; account books, rent books, day books, receipts, and balance sheets abound. Many of these records relate to the Hudson Valley area, notably lands that were passed down from Henry Beekman, 1688-1776, to Margaret Beekman Livingston, and later to Janet Montgomery.

The records of agent/surveyor John Cox, Jr., 1756-1825, are especially interesting for their insight into the life of the laboring class of the young republic. Cox worked for many of the Livingstons, surveying their properties, drawing up deeds, leases, and rent agreements, and corresponding with tenants. His work shows up throughout the papers of his employers as well-especially in their financial and real estate records. The written and limned evidence of Cox's career, coupled with surviving personal records and family correspondence, present a well-rounded picture of a faithful employee and Colonial American "everyman" bent on self-improvement.

Like Cox, the papers of Benjamin French are in contrast to the rest of the collection. Their presence here is owed to a twist of fate; French's estate was forfeited to the State of New York for suspected loyalism to the crown during the Revolution, passed through several different hands, and finally settled with Edward Livingston, who attempted to collect the outstanding debts due the late merchant. These records provide insight into Albany-area business in the years preceding and encompassing the start of the American Revolution. Divided into series relating to claims of his estate and a general file of business records (receipts, balance sheets, promissory notes, orders, and correspondence), these documents paint an interesting picture of Hudson River Valley trade at the onset of the Revolutionary struggle.

Note that most, if not all, of the creators documented in this collection are also represented in Series 17: Papers Related to Landholdings.

This collection is composed of one large series for Edward Livingston and several smaller series for various family members and affiliates. Since there is considerable overlap between the correspondence of those represented in the collection, a priority list was created. All correspondence between two "major authors" will likely be found in the series of the creator who is higher up on the list. For example, correspondence between Edward Livingston and anyone else will be found in his papers; correspondence between Janet Montgomery and John Cox, Jr., will be in Janet's papers, while correspondence between John Cox, Jr., and Robert R. Livingston would be found in Cox's. Anyone in the "all others" category is subordinate to the main list of names. If someone in the "all others" category writes to another, that letter is filed by author. The one exception to the priority rule is correspondence in letterbooks, which are filed with the author.

Recipient Priority List:

Edward Livingston

Janet Montgomery

Margaret Beekman Livingston

John Cox, Jr.

Louise Livingston

Cora L. Barton

Thomas P. Barton

Auguste Davezac

Richard Montgomery

Lewis Livingston

Henry Beekman

Robert R. (Judge) Livingston (letterbook)

Robert Livingston (of Clermont) (letterbook)

Robert R. Livingston (The Chancellor)

William Jones

All Others