Henry Brockholst Livingston

For the U.S. Representative, see Henry W. Livingston.

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.^[2]

Henry Brockholst Livingston
Associate Justice of the Supreme Court of the United States
In office January 20, 1807 – March 18, 1823^[1]
Nominated by	Thomas Jefferson
Preceded by	William Paterson
Succeeded by	Smith Thompson
Personal details
Born	(1757-11-25)November 25, 1757 New York City, New York, British America
Died	March 18, 1823(1823-03-18) (aged 65) Washington, D.C., U.S.
Political party	Democratic-Republican
Spouse(s)	Catherine Keteltas ​ ​ (m. 1784; died 1804)​ 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)
Education	Princeton University (BA)
Signature

Early life

Livingston was born in New York City in 1757 to Susanna French (d. 1789) and William Livingston (1723–1790).^[3]

He graduated with a Bachelor of Arts from the College of New Jersey (now Princeton University) in 1774.^[4]

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.

 

Portrait of Henry Brockholst Livingston, ca. 1790, artist unknown (Frick Photoarchive b13623618).

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.^[5]

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,^[6] 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.^[7]

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.^[8]

 

Livingston's gravesite

Later years and death

Livingston was elected a member of the American Antiquarian Society in 1814.^[9]

Livingston died in Washington, D.C. His remains are interred at Green-Wood Cemetery in Brooklyn, New York.^[10]

Family

 

Coat of Arms of Henry Brockholst Livingston

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).^[2]

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.^[11]

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.^[2] He and Catherine were the parents of:

• Eliza Livingston (1786–1860), who married Jasper Hall Livingston (1780–1835), the son of Philip Philip Livingston (1741–1787)^[12]
• Susan French Livingston (1789–1864), who married Benjamin Ledyard (1779–1812).^[13]
• Catherine Augusta Livingston (b. c. 1790), who married Archibald McVicker (1785–1849)^[14]
• Robert C. Livingston (b. c. 1793)

After his first wife's death in 1804, he married Ann N. Ludlow (1775–1815), the daughter of Gabriel Henry Ludlow and Ann Williams.^[15] Together, they were the parents of:

• Carroll Livingston (1805–1867), who married Cornelia Livingston.
• Anson Livingston (1807–1873), who married Anne Greenleaf Livingston (1809–1887), daughter of Henry Walter Livingston (1768–1810)^[16][17][18]

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.^[19] Together, Henry and Catherine were the parents of:^[2]

• Jasper Hall Livingston (1815–1900), a twin, who married Matilda Anne Cecila Morris, the youngest daughter of Sir John Morris, 2nd Baronet of Clasemont, in 1851.^[20][21]
• Catherine Louise Livingston (b. 1815–1890), a twin, who married Maurice Power (1811–1870), an Irish MP for County Cork who served as lieutenant governor for St. Lucia.^[22][23]
• Henry Brockholst Livingston (1819–1892),^[24] who married Marianna Gribaldo and resided in Italy.^[25]

Descendants

Further information: Livingston family

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).^[13]

Through his daughter, Catherine McVicker, he was the grandfather of Brockholst McVicker (1810–1883)^[26] and Archibald McVicker (1816–1904).^[14]

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).^[25]

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).^[18]

See also

 

Wikisource has original works by or about:
Henry Brockholst Livingston

• Demographics of the Supreme Court of the United States
• List of justices of the Supreme Court of the United States
• List of United States Supreme Court justices by time in office
• United States Supreme Court cases during the Marshall Court

References

1. "Justices 1789 to Present". Washington, D.C.: Supreme Court of the United States. Retrieved February 9, 2022.
2. Livingston, Edwin Brockholst (1910). 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. New York: The Knickerbocker Press. Retrieved April 26, 2017.
3. Nelson, William (1876). Biographical Sketch of William Colfax, Captain of Washington's Body Guard. from the original on June 14, 2020. Retrieved November 14, 2020.
4. Harison, Richard (1980). "Brockholst Livingston," in Princetonians, 1769–1775: A Biographical Dictionary. Princeton, N.J.: Princeton University Press. pp. 397–407.
5. James, Bill (2012). Popular Crime: Reflections on the Celebration of Violence. Simon and Schuster. p. 12. ISBN 978-1-4165-5274-1.
6. McMillion, Barry J. (January 28, 2022). Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President (PDF) (Report). Washington, D.C.: Congressional Research Service. Retrieved February 9, 2022.
7. "Livingston, Henry Brockholst". www.fjc.gov. Federal Judicial Center. from the original on December 10, 2017. Retrieved December 9, 2017.
8. Abraham, Henry J. (2006). "President Jefferson's Three Appointments to the Supreme Court of the United States: 1804, 1807, and 1807". Journal of Supreme Court History. 31 (2): 141–154. doi:10.1111/j.1540-5818.2006.00132.x. S2CID 145007294.
9. "American Antiquarian Society Members Directory". from the original on March 3, 2016. Retrieved April 14, 2015.
10. "Green-Wood Cemetery". from the original on December 13, 2017. Retrieved December 12, 2017.
11. Kamuf, Betty (July 20, 2016). "The Life of John Cleves Symmes". Cincinnati.com. USA Today. from the original on January 23, 2021. Retrieved April 26, 2017.
12. "The Livingstons of Livingston Manor". HathiTrust digital library. from the original on July 31, 2021. Retrieved January 18, 2014.
13. Farmer, Silas (1889), The History of Detroit and Michigan, pp. 1041–1043, from the original on July 29, 2014, retrieved April 26, 2017
14. Andreas, Alfred Theodore (1885). History of Chicago | From the Earliest Period to the Present Time | Vol. II – From 1857 until the Fire of 1871. Chicago: The A. T. Andreas Company. from the original on July 31, 2021. Retrieved April 26, 2017.
15. Gordon, William Seton (1919). Gabriel Ludlow and His Descendants. Retrieved April 26, 2017.
16. Ferreri, James G. (April 26, 2013). "The Underground Railroad wound through Staten Island's Livingston". SILive.com. from the original on August 4, 2017. Retrieved April 26, 2017.
17. Fioravante, Janice (November 24, 2002). "If You're Thinking of Living In/Livingston, Staten Island; Filmgoers May Find the Streets Familiar". The New York Times. from the original on August 5, 2017. Retrieved April 26, 2017.
18. Hall, Henry (1895). America's Successful Men of Affairs: The City of New York | Vol. I. New York: New York Tribune. from the original on July 31, 2021. Retrieved April 26, 2017.
19. The Letters of Moore Furman, Deputy Quarter-Master General of New Jersey in the Revolution. New York: F.H. Hitchcock. 1912. p. 9. from the original on July 31, 2021. Retrieved October 3, 2015.
20. Lodge, Edmund (1890). The Peerage, Baronetage, Knightage & Companionage of the British Empire. London: Hurst and Blackett, Limited. from the original on July 31, 2021. Retrieved April 26, 2017.
21. Urban, Sylvanus (1855). The Gentleman's Magazine and Historical Review, Vol. XLIII. London: John Bowyer Nichols and Sons. from the original on July 31, 2021. Retrieved April 26, 2017.
22. "Legal Notices". New York Daily Tribune. January 20, 1860. p. 2. from the original on May 13, 2021. Retrieved May 13, 2021 – via Newspapers.com.
23. De Burgh, Hussey (1878). The Landowners of Ireland. Hodges, Foster, and Figgis. from the original on November 28, 2017. Retrieved April 26, 2017.
24. "Death of Henry Livingston". The New York Times. London. July 21, 1892. p. 2. from the original on May 13, 2021. Retrieved May 13, 2021 – via Newspapers.com.
25. di Magistrati (1877). Annali della giurisprudenza italiana: raccolta generale di decisioni in materia civile e commerciale, di diritto pubblico e amministrativo e di procedura civile (in Italian). Firenze. from the original on July 31, 2021. Retrieved April 26, 2017.{{cite book}}: CS1 maint: location missing publisher (link)
26. Society, Chicago Medical (1922). 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. The Biographical Publishing Corporation. from the original on July 31, 2021. Retrieved April 26, 2017.

Sources

• Henry Brockholst Livingston at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
• "Brockholst Livingston," in Princetonians, 1769-1775 (Princeton, N.J.: Princeton University Press, 1980), 397-407.

Further reading

• Abraham, Henry J. (1992). Justices and Presidents: A Political History of Appointments to the Supreme Court (3rd ed.). New York: Oxford University Press. ISBN 0-19-506557-3.
• Supreme Court Historical Society.
• Cushman, Clare (2001). The Supreme Court Justices: Illustrated Biographies, 1789–1995 (2nd ed.). (Supreme Court Historical Society, Congressional Quarterly Books). ISBN 1-56802-126-7.
• Frank, John P. (1995). Friedman, Leon; Israel, Fred L. (eds.). The Justices of the United States Supreme Court: Their Lives and Major Opinions. Chelsea House Publishers. ISBN 0-7910-1377-4.
• Hall, Kermit L., ed. (1992). The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press. ISBN 0-19-505835-6.
• Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography. Washington, D.C.: Congressional Quarterly Books. ISBN 0-87187-554-3.
• Urofsky, Melvin I. (1994). The Supreme Court Justices: A Biographical Dictionary. New York: Garland Publishing. p. 590. ISBN 0-8153-1176-1.
• Warren, Charles. (1928) The Supreme Court in United States History May 9, 2016, at the Wayback Machine, 2 vols. at Google books.

Legal offices
Preceded by William Paterson	Associate Justice of the Supreme Court of the United States 1807–1823	Succeeded by Smith Thompson