Henry Brockholst Livingston

US Supreme Court justice from 1807 to 1823

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 .

Early life

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Livingston was born in New York City in 1757 to Susanna French (d. 1789) and William Livingston (1723–1790). He graduated with a Bachelor of Arts from the College of New Jersey (now Princeton University ) in 1774. He inherited the family estate in New Jersey, Liberty Hall (the modern-day site of Kean University ), and retained it until 1798.

Military service

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Livingston played a significant role in the American Revolutionary War , serving in both military and diplomatic capacities. He began his service in 1775 as a captain and _aide-de-camp _ to General Philip Schuyler , contributing to the Northern Campaign of the war. By December 1775, Livingston was promoted to major and served in the 3rd New York Regiment , a unit of the New York Line .

In 1776 and 1777, Livingston served under General Arthur St. Clair before joining Major General Benedict Arnold as an _aide-de-camp _ during the pivotal Saratoga Campaign . At the Battle of Freeman's Farm on September 19, 1777, Livingston actively participated in the engagement and publicly credited Arnold with the American victory, which caused tension with General Horatio Gates , commander of the Northern Army . After the battle, Livingston left the camp on September 26, 1777, to rejoin General Schuyler in Albany .

Livingston's bravery and contributions did not go unnoticed. On October 4, 1777, eight days after leaving Saratoga , the Continental Congress officially promoted him to lieutenant colonel , recognizing his merit and service to the Continental Army. Earlier that year, he had delivered dispatches to the Continental Congress announcing the Continental Army's victory at the Battle of Bennington in August 1777. Livingston was also present at the surrender of British General John Burgoyne's army at Saratoga , a decisive moment in the war.

In 1779, Livingston was granted a leave of absence to be the private secretary for his brother-in-law, John Jay , the U.S. Minister to Spain . During this diplomatic mission, Livingston supported American efforts to secure Spanish assistance for the war. On his return voyage to America in 1782, Livingston was captured at sea by the British and imprisoned in New York City . He was released on parole later that year. Following his release, he left military service and began studying law in the law office of Peter Yates in Albany .

Legal career

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After leaving the military, Livingston read law and was admitted to the bar in 1783. He was in private practice in New York City from 1783 to 1802, and was a counsel for the defense in the landmark case of Rutgers v. Waddington (1784) . He was an Original Member of the Society of the Cincinnati . 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.

Chief Justice John Marshall

Judicial career

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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, and was sworn into office on January 20, 1807. He served on the Supreme Court from then until his death in 1823. Dur

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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, and was sworn into office on January 20, 1807. 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 .