Livingston, Edward
Aiton's Encyclopedia (1910)
Edward (1764-1836), an American jurist and statesman. He was a native of Columbia County, New York . His grandfather, Robert Livingston, obtained a royal patent to the Livingston manor, a beautiful tract on the Hudson comprising the greater part of the present counties of Duchess and Columbia. Edward was graduated at Princeton in 1781 and was admitted to the bar. In 1795 he was sent to Congress and was subsequently may or of New York City. During an epidemic of yellow fever in 1803 he showed great courage and determination in preventing the spread of the disease. Through exposure, he was stricken down by the fever, and recovered later to find that his private affairs were in great confusion, and that a confidential clerk had stolen public funds. Livingston turned over all his property toward the payment of debts, and removed to New Orleans which had just been acquired by the United States . Here he built up a large practice, and was able to pay his creditors in full. During the war of 1812 he was one of those who held New Orleans for the American cause. He cooperated with General Jackson in arranging the battle of New Orleans, and so won his confidence that, when Jackson became president, he made Livingston his secretary of state , and later sent him as minister plenipotentiary to France. When Louisiana was acquired by the United States the courts were governed by French law. To meet new conditions, Livingston prepared a code, since known by his name. It was written in French and in English. It attracted much attention both at home and abroad. It has influenced legislation in this country, particularly in the punishment of crime and the management of penitentiaries.
What Has Changed in the Last Century
The outline Aiton's gave in 1910 still holds, but historians now stress two things it passed over. The "code known by his name" — his System of Penal Law, which proposed abolishing the death penalty — was never actually enacted by the Louisiana legislature, though it was translated abroad and made Livingston a name in European penal-reform circles; what did take effect, and still governs Louisiana today, is the Civil Code of 1825 he helped draft with Moreau Lislet and Derbigny, which keeps Louisiana the one American state built on civil rather than common law. Nor does the entry mention that as Jackson's secretary of state Livingston drafted the 1832 Nullification Proclamation against South Carolina, the document for which he is now most often cited in constitutional history. The genealogy is also compressed: the royal patent for Livingston Manor was granted in 1686 to Robert Livingston the elder, Edward's great-grandfather rather than his grandfather.
Written for this edition, 2026.