Remarks on the expediency of abolishing the punishment of death.
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Harvard Law School Library
ocm20939943
Philadelphia : Jesper Harding, printer, 1831. 42 p. ; 21 cm.
Trial of Jesse Strang, for The Murder of John Whipple, at A Special Court of Over and Terminer Holden in Albany in July, 1827
(Full Title:Trial of Jesse Strang, for The Murder of John ...)
Full Title:Trial of Jesse Strang, for The Murder of John Whipple, at A Special Court of Over and Terminer Holden in Albany in July, 1827
Description: The Making of the Modern Law: Trials, 1600-1926 collection provides descriptions of the major trials from over 300 years, with official trial documents, unofficially published accounts of the trials, briefs and arguments and more. Readers can delve into sensational trials as well as those precedent-setting trials associated with key constitutional and historical issues and discover, including the Amistad Slavery case, the Dred Scott case and Scopes "monkey" trial.Trials provides unfiltered narrative into the lives of the trial participants as well as everyday people, providing an unparalleled source for the historical study of sex, gender, class, marriage and divorce.
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Albany
Court Record
Yale Law Library
Albany: Printed by D. M'Glashan, No. 3, Beaver-St. 1827
A System of Penal Law for the State of Louisiana (Classic Reprint)
(Excerpt from A System of Penal Law for the State of Louis...)
Excerpt from A System of Penal Law for the State of Louisiana
Entered according to the act of congress, in the year 1833, by James and John 1. Kay, in the clerk's ofice of the district court of the eastern district of Pennsylvania.
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An Answer to Mr. Jefferson's Justification of His Conduct in the Case of the New Orleans Batture (Classic Reprint)
(Excerpt from An Answer to Mr. Jefferson's Justification o...)
Excerpt from An Answer to Mr. Jefferson's Justification of His Conduct in the Case of the New Orleans Batture
But the batture existed before the lands adjacent to it were convened into a suburb, and therefore Mr, J.'s principle, even if It were correct, cannot be applied to that property. The fact fully proved, and by Mr. J.'s own statements'
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Introductory Report to the Code of Prison Discipline, 1827: Explanatory of the Principles on Which the Code Is Founded, Being Part of the System of ... for the State of Louisiana (Classic Reprint)
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Excerpt from Introductory Report to the Code of Prison Discipline, 1827: Explanatory of the Principles on Which the Code Is Founded, Being Part of the System of Penal Law, Prepared for the State of Louisiana
A member of the Society of Friends, who has rendered the name of lowndes as celebrated for active, enlightened benevolence, as a late lament ed statesman has since done for eloquence. Patriotism. And integrity.
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The Complete Works of Edward Livingston On Criminal Jurisprudence: Consisting of Systems of Penal Law for the State of Louisiana and for the United ... Same : To Which Is Prefixed an Introduction
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Speech of Mr. Livingston, of Louisiana, on Mr. Foot's Resolution, Proposing an Inquiry Into the Expediency of Abolishing the Office of Surveyor ... Further Surveys, &C, 1930 (Classic Reprint)
(Excerpt from Speech of Mr. Livingston, of Louisiana, on M...)
Excerpt from Speech of Mr. Livingston, of Louisiana, on Mr. Foot's Resolution, Proposing an Inquiry Into the Expediency of Abolishing the Office of Surveyor General of Public Lands, and for Discontinuing Further Surveys, &C, 1930
These States, during the short period of the contest with Great Britain, which preceded the Declaration of Independence, although colonies in name, were, in fact, independent States, and, even at that early period, their political existence partook of this mixed character.
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Laws and Ordinances, Ordained and Established by the Mayor, Aldermen, and Commonalty of the City of New-York, in Common-Council Convened, for the Good ... the Inhabitants and Residents of Said City.
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Harvard Law School Library
LP2H0002700
18030101
The Making of Modern Law: Primary Sources, Part II
New-York: George F. Hopkins, 1803
p. 12mo
United States
Letters From Edward Livingston, Esq., To Roberts Vaux on the Advantages of the Pennsylvania System of Prison Discipline: For the Application of Which ... Near Philadelphia, &C., &C (Classic Reprint)
(Excerpt from Letters From Edward Livingston, Esq., To Rob...)
Excerpt from Letters From Edward Livingston, Esq., To Roberts Vaux on the Advantages of the Pennsylvania System of Prison Discipline: For the Application of Which the New Penitentiary Has Been Constructed Near Philadelphia, &C., &C
Yoo' are one of the very few, my good friend, to whom, at'this period of general'excitement, I could venture,to speak with the hope of being listened to,'on any other topic than those of the election or the tariff. Whatever may. Be Our Opinions and preferences on these subjects, yet there are others Which have so much engrossed our thoughts, and interested our feelings, that we have never found time to settle between us the great concerns of the nat1on and have conversed more frequently on reforms in penal law and pri son'discipline, than on those required in the government of the 'country. Leaving; then, the majority of the people, under the direction of that wise Providence, Which' Speaks through their voice, to determine between the candidates for their favour, let'me endeavour, by this letter, to supply some observations I was prevented from offering to you, verbally, by my sudden departure when last in your city.
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Edward Livingston was an American jurist and statesman. He served as a member of the U. S. House of Representatives from Louisiana's 1st district and United States Senator from Louisiana. He was the 11th United States Secretary of State from 1831 to 1833.
Background
Edward Livingston was born on May 28, 1764 at Clermont, Columbia County, New York, United States, the youngest son of Robert R. Livingston the elder and Margaret Beekman. His eldest brother was the distinguished Chancellor Robert R. Livingston, and his sisters, by their marriages, added notable names to the family connection.
Education
Upon the death of his father in 1775, Edward Livingston was sent to school in Albany but he soon transferred to the school of Dominie Doll at Esopus (now Kingston) where he prepared for the College of New Jersey (Princeton), entering the junior class in 1779. He subsequently declared that at college he had been an indifferent scholar, learning only so much as was absolutely necessary to obtain his degree, which was granted in 1781. But he was already proficient in languages and his interest in philosophy and poetry was sufficient to attract the attention of John Jay. From Princeton he returned to Clermont to spend a year in the study of French under a Mr. Tetard and German under a refugee minister to whom his mother had given shelter.
Career
In 1782 Livingston began the study of law at Albany in the office of John Lansing where he found as fellow students Alexander Hamilton, Aaron Burr, and James Kent. The removal of the British troops from New York City in November 1783 permitted the Livingston family to reoccupy their town house and there Edward continued his studies until his admission to the bar in January 1785. Moving freely in the society of New York, he acquired the title of "Beau Ned" on account of his habits of dress.
The political career of Edward Livingston began with his election to Congress in 1794. The Livingstons had joined with the Schuylers in the movement for the ratification of the Constitution. They were, however, overlooked by Washington in the distribution of patronage and, almost in a body, they went over to the Clintons and the party of Thomas Jefferson. Edward took his seat in the House of Representatives on December 7, 1795. Representing the Republican stronghold of New York City, Livingston was reelected in 1796 and again in 1798. He was, therefore, a member of the House of Representatives in 1801 when the failure of the electoral college to choose a president threw the election into that body.
Livingston had refused to run again for Congress in 1800 but the success of the Republicans in the election led to his appointment as United States attorney for the District of New York. Almost simultaneously he was appointed mayor of New York, a post estimated to be worth $10, 000 a year. He collected and published Judicial Opinions Delivered in the Mayor's Court of the City of New York in the Year 1802 (1803). While carrying the burden of both offices, he fell a victim to the yellow fever which raged in New York during the summer of 1803. He recovered to find that during his illness one of his agents, in the collection of custom house bonds sent him by the Treasury, had absconded with the funds. Livingston immediately resigned his offices and turned over his property to trustees to be sold in payment of his debts. Without waiting for an adjustment of his accounts, he voluntarily confessed judgment in favor of the United States for $100, 000 although the sum actually due turned out to be $43, 666. 21. In December he started for New Orleans, arriving there in the middle of February. Immediately he began the practice of the law, appearing in thirty-five cases during the spring of 1804 and receiving payments chiefly in the form of land. That he was desperately in need of money soon became apparent. His brother, who had been left in charge of his affairs in New York, found that Livingston's private debts amounted to $195, 000. This sum, added to the debt due the United States, exceeded the value of his property. When all his property had been sold, he still owed $18, 000 on his private debts as well as the debt due the government. Determination to pay his debts soon brought him into difficulties. Among his creditors was Aaron Burr, who had embarked upon his famous "conspiracy. "
Burr, on July 26, 1806, transferred his debt to Dr. Justus E. Bollman, who presented a draft upon Livingston in New Orleans. Payment had scarcely been made when General Wilkinson, who had originally been a confederate of Burr but who had betrayed him and was energetically striving to bring him to punishment, accused Livingston in open court of connection with the "conspiracy". The only ground of this accusation was the payment of the draft to Dr. Bollman.
Livingston had just cleared himself of the calumny when the famous Batture controversy brought him into conflict with President Jefferson. Certain alluvial lands at New Orleans had passed by descent to John Gravier who, in 1803, fenced a portion of them which had long been used by the people for the anchorage of their ships. Gravier brought suit against the city to confirm his title and engaged Livingston as his attorney. When judgment for the plaintiff was secured in 1807, Livingston received half the property as his fee. Livingston believed he was now within immediate reach of great wealth, for he observed that the improvement of the property would provide wharfage and warehousing facilities for the growing city. But the improvements were hindered by popular disturbances and the grand jury declared the work a nuisance. Appeal to Governor Claiborne led to the reference of the matter to Washington. But Jefferson was angry because Livingston in his conduct of the office of United States attorney had given ground for criticism of his party and its appointments. The Attorney-General ruled against Livingston and the United States marshal was directed to dispossess him on the ground that the land belonged to the United States as sovereign of the soil. The dispossession was carried out in contravention of an injunction from the territorial court, whereupon Livingston brought an action against the marshal in the United States court at New Orleans to recover damages, according to the forms of the civil law, for his expulsion and a restoration to possession, and, a little later, an action for damages against Thomas Jefferson.
Meanwhile, he published pamphlets upon the subject and made the halls of Congress ring with his complaints, but all his labors were without fruit, so far as the action of any branch of the government was concerned. In January 1809, Livingston went to Washington where he remained to fight for his Batture property. While pressing his claims before Congress, he was encouraged by the news that title to the property had been denied the city of New Orleans. At the same time the suit against the marshal was pending in the court at New Orleans and thither Livingston returned.
The outbreak of war with Great Britain in 1812 afforded Livingston an opportunity to reduce his debt to the United States by supplying live-oak to the government for the construction of frigates. The autumn of 1814 saw the war carried into Louisiana. Livingston, who had been the friend of Andrew Jackson since they had served together in Congress, asked an appointment as aide-de-camp. This Jackson refused in kindly fashion, but requested Livingston to give him information about the country. As chairman of the committee on public defense, Livingston not only organized the people of Louisiana to resist the British but also brought to his support the brothers Laffite (see Laffite, Jean).
At the battle of New Orleans, he served Jackson as aide-de-camp, military secretary, interpreter, and confidential adviser upon all subjects. He not only drafted the various orders and proclamations of the General but also undertook the negotiations with the British for the exchange of prisoners. Before leaving New Orleans, General Jackson sat for his miniature, painted on ivory, which he presented to Livingston.
The close of the war left Livingston free to struggle again with his debts. His project to sell timber to the government was no longer feasible and he returned to his law practice. In 1820 he was elected a member of the Louisiana legislature and the following year was commissioned to revise the penal law of the state. His early interest in penal legislation had increased as he studied the writings of Bentham, which came to him in the French of Dumont in 1802. The task of compiling the penal law of Louisiana was almost completed when the results of his labors were destroyed by fire. The work had to be done again, and in 1825 the finished code was presented to the legislature. It was divided into a Code of Crimes and Punishments, a Code of Procedure, a Code of Evidence, and a Code of Reform and Prison Discipline, besides a Book of Definitions. The machinery proposed for the working of the system included a house of detention, a penitentiary, a house of refuge and industry, and a school of reform; all under the superintendence and conduct of one board of inspectors. Every part of the work evinces the most elaborate attention to the preservation of a complete unity of design and aims at the prevention rather than the avenging of crime. Although it was not adopted, the publication of the code brought Livingston immediate and wide fame.
He was chosen foreign associate of the Institute of France and was later described by Sir Henry Maine as "the first legal genius of modern times". Meantime, Livingston was unanimously chosen in July 1822 to represent the New Orleans district in Congress. He was afterward twice reelected, and gave as his chief reason for desiring to remain in the House of Representatives the hope that he might adapt his penal code to the use of the United States. In 1826 he paid his long-standing debt to the government, which, with accumulated interest, amounted to $100, 014. 89. The means of discharging the debt was afforded by a court decision which gave him title to a portion of the Batture property, although the larger part continued in dispute.
Released from financial worry, he became less interested in Louisiana, where he had always regarded himself as in exile. He was attentive to the interests of his constituents but failed to visit his district and spent much of his time in New York. Popular favor deserted him and he was defeated for reelection in 1828 but was immediately chosen by the legislature to represent Louisiana in the United States Senate. Livingston entered the Senate at the same time that Andrew Jackson became president. The two men had continued firm friends; Livingston had voted for Jackson in the contested election of 1824 and worked for his election in 1828. The President wished to employ his friend in the administration, and Livingston would have accepted the post of minister to France. His private affairs, however, were not in condition to permit him to depart at once and Jackson was obliged to make another appointment Livingston presented to the Senate his System of Penal Laws for the United States of America (1828), but no action was taken on it. He continued in the Senate until the spring of 1831, when he was appointed secretary of state. In 1828 his sister, Mrs. Montgomery, died, be-queathing to him the bulk of her fortune, including her home at "Montgomery Place. " He was therefore able to maintain a large establishment and "his manner of living and of entertaining guests was not excelled, if equalled, at Washington". At the same time, he had not sought the office and would have preferred the cultivation of roses at "Montgomery Place. "
On May 29, 1833, he resigned as secretary of state to become minister to France. As secretary of the legation Jackson appointed Thomas P. Barton, who had married the daughter and only surviving child of Livingston. The appointment of Livingston to the French mission was made in an effort to bring about the payment of the claims of American citizens for spoliations during the Napoleonic wars which the French government had admitted in the treaty of July 4, 1831. The agreement was to pay twenty-five million francs in six yearly instalments, but no payments had been made, the Chamber of Deputies having failed to make the necessary appropriations. Although Livingston was courteously received in France, a year of negotiations failed to secure action. Jackson became thoroughly angry, and in his message of December 1834 suggested that Congress authorize reprisals upon French property in case no provision should be made for the payment of the debt at the next session of the Chamber of Deputies. This suggestion produced great public excitement in France but, through further pressure from Livingston, the Chamber of Deputies, in April 1835, determined to appropriate the money. At the same time it was provided that payment should not be made until satisfactory explanations were given of the terms used in the presidential message. Livingston felt that he could no longer remain at his post and, with a conciliatory message to the French government, he handed over the business of his office to Barton as chargé d'affaires and returned home.
Retiring to "Montgomery Place" in the late summer of 1835, he found that public opinion in the United States approved of his conduct in France. In January 1836, he visited Washington to argue a case before the Supreme Court. While there he counseled the President on the pending negotiations with France, which were soon to be brought to a favorable conclusion through the friendly mediation of England. This visit to Washington was Livingston's last absence from his family.
He passed the remainder of the winter in New York, and early in the spring was once more at "Montgomery Place. " Taken suddenly and violently ill with bilious colic on May 21, he died two days later and was buried in the family vault at Clermont. Later, his remains were removed to the tomb of his second wife at Rhinebeck, New York.
(Excerpt from Speech of Mr. Livingston, of Louisiana, on M...)
Politics
Livingston was a member of the The Democratic-Republican Party. When at the House of Represantative, Edward Livingston planned to revise the penal code of the United States, which he said was in general too sanguinary and very badly proportioned. Nothing came of this effort in behalf of what was already a pet measure with him, but in March 1796 he secured the enactment of a measure for the relief of American seamen who were impressed or abandoned destitute on foreign shores. In the same month the House was called upon for appropriations to carry out Jay's treaty of 1794 with England. Although the treaty had been ratified, it was still opposed by the Republicans, and Livingston introduced a resolution calling for all the papers from the President, except those which any existing negotiation might render improper to be disclosed.
During the contest between Aaron Burr and Thomas Jefferson, there were rumors, not entirely groundless, that Livingston was favorable to the candidacy of Burr. The two men came from the same social class in New York and were personal friends. Nevertheless, Livingston was one of the six New York members who voted consistently for Jefferson, although it was believed he did so without enthusiasm. While in Senate, he was firmly attached to the party of Jackson.
Views
Quotations:
"Although strongly impressed with the defects of our actual system of penal law, " Livingston wrote to Bentham, "yet the perusal of your works first gave method to my ideas, and taught me to consider legislation as a science governed by certain principles".
"By this act the president alone is empowered to make the law, to fix in his mind what acts, words, what thoughts or looks, shall constitute such a crime. "
"No nation ever yet found any inconvenience from too close an inspection into the conduct of its officers, but many have been brought to ruin and reduced to slavery by suffering gradual impositions and abuses. "
Personality
Quotes from others about the person
"By the death of Mr. Livingston, America has lost her most powerful intellect, the Academy one of its most illustrious members, and Humanity one of her most zealous benefactors. "- François Mignet
Connections
Livingston married on April 10, 1788, Mary, eldest daughter of Charles McEvers, a New York merchant. Three children were born to them before Mrs. Livingston contracted scarlet fever and died, March 13, 1801. Later Livingston had been separated from his children. One son had died in 1802 and the daughter and remaining son had been confided to the care of relatives. On June 3, 1805, Livingston married Madame Louise Moreau de Lassy, widow of a French officer and the daughter of Jean D'Avezac de Castera, a rich planter of Santo Domingo, who with her mother had been forced to flee during the negro insurrection on the island. She was the sister of Auguste D'Avezac. To Livingston and his wife a daughter was born in October 1806, who proved to be the only one of his children to live to maturity. His daughter Julia died In 1813.