LIVINGSTON, EDWARD (1764-1836), American jurist and statesman, was born

in Clermont, Columbia county, New York, on the 26th of May 1764. He was

a great-grandson of Robert Livingston, the first of the family to settle

in America (see LIVINGSTON, WILLIAM, below). He graduated at Princeton

in 1781, was admitted to the bar in 1785, and began to practise law in

New York City, rapidly rising to distinction. In 1795-1801 he was a

Republican representative in Congress, where he was one of the leaders

of the opposition to Jay's treaty, introduced the resolution calling

upon President Washington for all papers relating to the treaty, and at

the close of Washington's administration voted with Andrew Jackson and

other radicals against the address to the president. He opposed the

Alien and Sedition Laws, introduced legislation on behalf of American

seamen, and in 1800 attacked the president for permitting the

extradition by the British government of Jonathan Robbins, who had

committed murder on an English frigate, and had then escaped to South

Carolina and falsely claimed to be an American citizen. In the debate on

this question Livingston was opposed by John Marshall. In 1801

Livingston was appointed U.S. district-attorney for the state of New

York, and while retaining that position was in the same year appointed

mayor of New York City. When, in the summer of 1803, the city was

visited with yellow fever, Livingston displayed courage and energy in

his endeavours to prevent the spread of the disease and relieve

distress. He suffered a violent attack of the fever, during which the

people gave many proofs of their attachment to him. On his recovery he

found his private affairs in some confusion, and he was at the same 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 property, resigned his two offices in 1803, and removed early in

1804 to Louisiana. He soon acquired a large law practice in New Orleans,

and in 1826 repaid the government in full, including the interest, which

at that time amounted to more than the original principal.

Almost immediately upon his arrival in Louisiana, where the legal system

had previously been based on Roman, French and Spanish law, and where

trial by jury and other peculiarities of English common law were now

first introduced, he was appointed by the legislature to prepare a

provisional code of judicial procedure, which (in the form of an act

passed in April 1805) was continued in force from 1805 to 1825. In 1807,

after conducting a successful suit on behalf of a client's title to a

part of the batture or alluvial land near New Orleans, Livingston

attempted to improve part of this land (which he had received as his

fee) in the Batture, Ste Marie. Great popular excitement was aroused

against him; his workmen were mobbed; and Governor Claiborne, when

appealed to for protection, referred the question to the Federal

government. Livingston's case was damaged by President Jefferson, who

believed that Livingston had favoured Burr in the presidential 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 financial profit because

of the heavy expenses of the litigation. During the war with England

from 1812 to 1815 Livingston was active in rousing the mixed population

of New Orleans to resistance. He used his influence to secure 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-camp to General

Jackson, who was his personal friend. In 1821, by 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 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, evidence in criminal cases,

reform and 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, France and Germany, attracting wide praise by its

remarkable simplicity and vigour, and especially by 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, Sir Henry Maine spoke of Livingston as "the

first legal genius of modern times" (_Cambridge Essays, 1856_, p. 17).

The spirit of Livingston's code was remedial rather than vindictive; it

provided for the abolition of capital punishment and the making of

penitentiary labour not a punishment forced on the prisoner, but a

matter of his choice and a reward for good behaviour, bringing with it

better accommodations. His Code of Reform and Prison Discipline was

adopted by Guatemala. Livingston was the leading member of a commission

appointed to prepare a new civil code,[1] which for the most part the

legislature adopted in 1825, and the most important chapters of which,

including all those on contract, were prepared by Livingston alone.

Livingston was again a representative in Congress during 1823-1829, a

senator in 1829-1831, 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 anti-nullification

proclamation of the 10th of December 1832. From 1833 to 1835 Livingston

was minister plenipotentiary to France, charged with procuring the

fulfilment by the French government of the treaty negotiated by W. C.

Rives in 1831, by which France had bound herself to pay an indemnity of

twenty-five millions of francs for French spoliations of American

shipping chiefly under the Berlin and Milan decrees, and the United

States in turn agreed to pay to France 1,500,000 francs in satisfaction

of French claims. Livingston's negotiations were conducted with

excellent judgment, but the French Chamber of Deputies refused to make

an appropriation to pay the first instalment due under the treaty in

1833, relations between the two governments became strained, and

Livingston was finally instructed to close the legation and return to

America. He died on the 23rd of May 1836 at Montgomery Place, Dutchess

county, New York, an estate left him by his sister, to which he had

removed in 1831. Livingston was twice married. His first wife, Mary

McEvers, whom he married on the 10th of April 1788, died on the 13th of

March 1801. In June 1805 he married Madame Louise Moreau de Lassy (d.

1860), a widow nineteen years of age, whose 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 intellect,

and is said to have greatly influenced her husband's public career.

See C. H. Hunt, _Life of Edward Livingston_ (New York, 1864);

Livingston's _Works_ (2 vols., New York, 1873); and Louise Livingston

Hunt, _Memoir of Mrs Edward Livingston_ (New York, 1886).

FOOTNOTE:

[1] Preliminary work in the preparation of a new civil code had been

done by James Brown and Moreau Lislet, who in 1808 reported a "Digest

of the Civil Laws now in force in the Territory of Orleans with

Alterations and Amendments adapted to the present Form of

Government."

LIVINGSTON, ROBERT R. (1746-1813), American statesman, son of Robert R.

Livingston (1718-1775; a justice of the New York supreme court after

1763) and brother of Edward Livingston (see above), was born in New York

City, on the 27th of November 1746. He graduated at King's College, New

York (now Columbia University), in 1765, was admitted to the bar in

1773, and for a short time was a law partner of John Jay. In 1773 he

became recorder of New York City, but soon identified himself with the

Whig or Patriot element there, and was forced to give up this position

in 1775. He was a member of the second, third and fourth Provincial

Congresses of New York (1775-1777), was a delegate from New York to the

Continental Congress in 1775-1777 and again in 1779-1780, and was a

member of the committee which drafted the Declaration of Independence.

He was prevented from signing that document by his absence at the time

to attend a meeting of the fourth New York Provincial Congress, which on

the 10th of July became the Convention of the Representatives of the

state of New York, and by which at Kingston in 1777 the first state

constitution was adopted, Livingston having been a member of the

committee that drafted this instrument. He was the first chancellor of

the state, from 1777 to February 1801, and is best known as "Chancellor"

Livingston. In this capacity he administered the oath of office to

Washington at his first inauguration to the presidency, in New York, on

the 30th of April 1789. Previously, from October 1781 to June 1783, he

had been the first secretary of foreign affairs under the Confederation,

and his European correspondence, especially with Franklin, was of the

utmost value in accomplishing peace with Great Britain. In 1788 he had

been a member of the New York Convention, which ratified for that state

the Federal Constitution. He became an anti-Federalist and in 1798

unsuccessfully opposed John Jay in the New York gubernatorial campaign.

In 1801, having refused an appointment as secretary of the navy, he

became minister to France on President Jefferson's appointment. He had

refused this post when Washington offered it to him in 1794. He arrived

in France in November 1801, and in 1803, in association with James

Monroe, effected on behalf of his government the purchase from France of

what was then known as "Louisiana," the credit for this purchase being

largely his (see LOUISIANA PURCHASE). In 1804 Livingston withdrew from

public life, and after a year of travel in Europe returned to New York,

where he promoted various improvements in agriculture. He did much to

introduce the use of gypsum as a fertilizer, and published an _Essay on

Sheep_ (1809). He was long interested in the problem of steam

navigation; before he went to France he received from the state of New

York a monopoly of steam navigation on the waters of the state and

assisted in the experiments of his brother-in-law, John Stevens; in

Paris he met Robert Fulton, and with him in 1802 made successful trials

on the Seine of a paddle wheel steamboat; in 1803 Livingston (jointly

with Robert Fulton) received a renewal of his monopoly in New York, and

the first successful steam-vessel, which operated on the Hudson in 1807,

was named after Livingston's home, Clermont (N.Y.). He died at Clermont

on the 26th of February 1813.

Livingston and George Clinton were chosen to represent New York state in

Statuary Hall, in the Capitol, at Washington, D.C.; the statue of

Livingston is by E. D. Palmer.

See Frederick de Peyster, _Biographical Sketch of Robert R.

Livingston_ (New York, 1876); Robert K. Morton, "Robert R. Livingston:

Beginnings of American Diplomacy," in _The John P. Branch Historical

Papers of Randolph-Macon College_, i. 299-324, and ii. 34-46; and J.

B. Moore, "Robert R. Livingston and the Louisiana Purchase," in

_Columbia University Quarterly_, v. 6 (1904), pp. 221-229.

LIVINGSTON, WILLIAM (1723-1790), American political leader, was born at

Albany, New York, probably on the 30th of November 1723. He was the son

of Philip Livingston (1686-1749), and grandson of Robert Livingston

(1654-1725), who was born at Ancrum, Scotland, emigrated to America

about 1673, and received grants (beginning in 1686) to "Livingston

Manor" (a tract of land on the Hudson, comprising the greater part of

what are now Dutchess and Columbia counties). This Robert Livingston,

founder of the American family, became in 1675 secretary of the

important Board of Indian Commissioners; he was a member of the New York

Assembly in 1711-1715 and 1716-1727 and its speaker in 1718-1725, and in

1701 made the proposal that all the English colonies in America should

be grouped for administrative purposes "into three distinct

governments."

William Livingston graduated at Yale College in 1741, studied law in the

city of New York, and was admitted to the bar in 1748. He served in the

New York legislature (1759-1760), but his political influence was long

exerted chiefly through pamphlets and newspaper articles. The Livingston

family then led the Dissenters, who later became Whigs, and the De

Lancey family represented the Anglican Tory interests. Through the

columns of the _Independent Reflector_, which he established in 1752,

Livingston fought the attempt of the Anglican party to bring the

projected King's College (now Columbia University) under the control of

the Church of England. After the suspension of the _Reflector_ in 1753,

he edited in the _New York Mercury_ the "Watch Tower" section

(1754-1755), which became the recognized organ of the Presbyterian

faction. In opposition to the efforts of the Anglicans to procure the

establishment of an American episcopate, he wrote an open _Letter to the

Right Reverend Father in God, John Lord, Bishop of Llandaff_ (1768), and

edited and in large measure wrote the "American Whig" columns in the

_New York Gazette_ (1768-1769). In 1772 he removed to Elizabeth, New

Jersey, where after 1773 he lived on his estate known as "Liberty Hall."

He represented New Jersey in the first and second Continental Congresses

(1774,1775-1776), but left Philadelphia in June 1776, probably to avoid

voting on the question of adopting the Declaration of Independence,

which he regarded as inexpedient. He was chosen first governor of the

state of New Jersey in 1776, and was regularly re-elected until his

death in 1790. Loyal to American interests and devoted to General

Washington, he was one of the most useful of the state executives during

the War of Independence. While governor he was a frequent contributor to

the _New Jersey Gazette_, and in this way he greatly aided the American

cause during the war by his denunciation of the enemy and appeals to the

patriotism of his countrymen. He was a delegate to the Federal

Constitutional Convention of 1787, and supported the New Jersey

small-state plan. In 1754 he joined with his brother, Philip Livingston,

his brother-in-law, William Alexander ("Lord Stirling") and others in

founding what is now known as the Society Library of New York. With the

help of William Smith (1728-1793), the New York historian, William

Livingston prepared a digest of the laws of New York for the period

1691-1756, which was published in two volumes (1752 and 1762). He died

at Elizabeth, New Jersey, on the 25th of July 1790.

See Theodore Sedgwick, Jr., _Life of William Livingston_ (New York,

1833); and E. B. Livingston, _The Livingstons of Livingston Manor_

(1910).

His brother, PETER VAN BRUGH LIVINGSTON (1710-1792), was a prominent

merchant and a Whig political leader in New York. He was one of the

founders of the College of New Jersey (now Princeton University), was a

member of the New York Council for some years before the War of

Independence, a member and president of the First Provincial Congress of

New York (1775), and a member of the Second Provincial Congress

(1775-1776).

Another brother, PHILIP LIVINGSTON (1716-1778), was also prominent as a

leader of the New York Whigs or Patriots. He was a member of the New

York Assembly in 1759-1769, a delegate to the Stamp Act Congress of

1765, a member of the Continental Congress from 1774 until his death and

as such a signer of the Declaration of Independence, and in 1777-1778

was a member of the first state senate.

William's son, (HENRY) BROCKHOLST LIVINGSTON (1757-1823), was an officer

in the American War of Independence, and was an able lawyer and judge.

From 1807 until his death he was an associate justice of the United

States Supreme Court, and he wrote political pamphlets under the

pen-name "Decius."

LIVINGSTONE, DAVID (1813-1873), Scottish missionary and explorer in

Africa, was born on the 19th of March 1813, at the village of Blantyre

Works, in Lanarkshire, Scotland. David was the second child of his

parents, Neil Livingston (for so he spelled his name, as did his son for

many years) and Agnes Hunter. His parents were typical examples of all

that is best among the humbler families of Scotland. At the age of ten

years David left the village school for the neighbouring cotton-mill,

and by strenuous efforts qualified himself at the age of twenty-three to

undertake a college curriculum. He attended for two sessions the medical

and the Greek classes in Anderson's College, Glasgow, and also a

theological class. In September 1838 he went up to London, and was

accepted by the London Missionary Society as a candidate. He took his

medical degree in the Faculty of Physicians and Surgeons in Glasgow in

November 1840. Livingstone had set his heart on China, and it was a

great disappointment to him that the society finally decided to send him

to Africa. To an exterior in these early years somewhat heavy and

uncouth, he united a manner which, by universal testimony, was

irresistibly winning, with a fund of genuine but simple humour and fun

that would break out on the most unlikely occasions, and in after years

enabled him to overcome difficulties and mellow refractory chiefs when

all other methods failed.

Livingstone sailed from England on the 8th of December 1840. From Algoa

Bay he made direct for Kuruman, Bechuanaland, the mission station, 700

m. north, established by Robert Moffat twenty years before, and there he

arrived on the 31st of July 1841. The next two years Livingstone spent

in travelling about the country to the northwards, in search of a

suitable outpost for settlement. During these two years he became

convinced that the success of the white missionary in a field like

Africa was not to be reckoned by the tale of doubtful conversions he

could send home each year--that the proper work for such men was that of

pioneering, opening up and starting new ground, leaving native agents to

work it out in detail. The whole of his subsequent career was a

development of this idea. He selected the valley of Mabotsa, on one of

the sources of the Limpopo river, 200 m. north-east of Kuruman, as his

first station. Shortly after his settlement here he was attacked by a

lion which crushed his left arm. The arm was imperfectly set, and it was

a source of trouble to him at times throughout his life, and was the

means of identifying his body after his death. To a house, mainly built

by himself at Mabotsa, Livingstone in 1844 brought home his wife, Mary

Moffat, the daughter of Moffat of Kuruman. Here he laboured till 1846,

when he removed to Chonuane, 40 m. farther north, the chief place of the

Bakwain or Bakwena tribe under Sechele. In 1847 he again removed to

Kolobeng, about 40 m. westwards, the whole tribe following their

missionary. With the aid and in the company of two English sportsmen,

William C. Oswell and Mungo Murray, he was able to undertake a journey

to Lake Ngami, which had never yet been seen by a white man. Crossing

the Kalahari Desert, of which Livingstone gave the first detailed

account, they reached the lake on the 1st of August 1849. In April next

year he made an attempt to reach Sebituane, who lived 200 m. beyond the

lake, this time in company with his wife and children, but again got no

farther than the lake, as the children were seized with fever. A year

later, April 1851, Livingstone, again accompanied by his family and

Oswell, set out, this time with the intention of settling among the

Makololo for a period. At last he succeeded, and reached the Chobe

(Kwando), a southern tributary of the Zambezi, and in the end of June

reached the Zambezi itself at the town of Sesheke. Leaving the Chobe on

the 13th of August the party reached Cape Town in April 1852.

Livingstone may now be said to have completed the first period of his

career in Africa, the period in which the work of the missionary had the

greatest prominence. Henceforth he appears more in the character of an

explorer, but it must be remembered that he regarded himself to the last

as a pioneer missionary, whose work was to open up the country to

others.

Having seen his family off to England, Livingstone left Cape Town on the

8th of June 1852, and turning north again reached Linyante, the capital

of the Makololo, on the Chobe, on the 23rd of May 1853, being cordially

received by Sekeletu and his people. His first object was to seek for

some healthy high land in which to plant a station. Ascending the

Zambezi, he, however, found no place free from the tsetse fly, and

therefore resolved to discover a route to the interior from either the

west or east coast. To accompany Livingstone twenty-seven men were

selected from the various tribes under Sekeletu, partly with a view to

open up a trade route between their own country and the coast. The start

was made from Linyante on the 11th of November 1853, and, by ascending

the Liba, Lake Dilolo was reached on the 20th of February 1854. On the

4th of April the Kwango was crossed, and on the 31st of May the town of

Loanda was entered, Livingstone, however, being all but dead from fever,

semi-starvation and dysentery. From Loanda Livingstone sent his

astronomical observations to Sir Thomas Maclear at the Cape, and an

account of his journey to the Royal Geographical Society, which in May

1855 awarded him its patron's medal. Loanda was left on the 20th of

September 1854, but Livingstone lingered long about the Portuguese

settlements. Making a slight détour to the north to Kabango, the party

reached Lake Dilolo on the 13th of June 1855. Here Livingstone made a

careful study of the hydrography of the country. He "now for the first

time apprehended the true form of the river systems and the continent,"

and the conclusions he came to have been essentially confirmed by

subsequent observations. The return journey from Lake Dilolo was by the

same route as that by which the party came, Linyante being reached in

the beginning of September.

For Livingstone's purposes the route to the west was unavailable, and he

decided to follow the Zambezi to its mouth. With a numerous following,

he left Linyante on the 8th of November 1855. A fortnight afterwards he

discovered the famous "Victoria" falls of the Zambezi. He had already

formed a true idea of the configuration of the continent as a great

hollow or basin-shaped plateau, surrounded by a ring of mountains.

Livingstone reached the Portuguese settlement of Tete on the 2nd of

March 1856, in a very emaciated condition. Here he left his men and

proceeded to Quilimane, where he arrived on the 20th of May, thus having

completed in two years and six months one of the most remarkable and

fruitful journeys on record. The results in geography and in natural

science in all its departments were abundant and accurate; his

observations necessitated a reconstruction of the map of Central Africa.

When Livingstone began his work in Africa the map was virtually a blank

from Kuruman to Timbuktu, and nothing but envy or ignorance can throw

any doubt on the originality of his discoveries.

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