Henry Brockholst Livingston
Encyclopedia
Henry Brockholst Livingston (November 25, 1757 – March 18, 1823) was an American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...

 officer, a justice of the Supreme Court of New York and eventually an Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...

 of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

.

Born in New York, New York to Susanna French and William Livingston
William Livingston
William Livingston served as the Governor of New Jersey during the American Revolutionary War and was a signer of the United States Constitution.-Early life:...

, he received a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

 from the College of New Jersey, (now Princeton University
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....

), in 1774. He inherited the Livingston estate, Liberty Hall (at modern-day Kean University
Kean University
Kean University is a coeducational, public research university located in Union and Hillside, New Jersey, United States. Kean University serves its students in the liberal arts, the sciences, and the professions with a dedication to intellectual and cultural growth and is best known for its...

), and retained it until 1798. During the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...

 he was a lieutenant colonel
Lieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...

 of the New York Line
New York Line
The New York Line was a formation within the Continental Army. The term "New York Line" referred to the quota of numbered infantry regiments assigned to New York at various times by the Continental Congress. These, together with similar contingents from the other twelve states, formed the...

, serving on the staff of General Philip Schuyler
Philip Schuyler
Philip John Schuyler was a general in the American Revolution and a United States Senator from New York. He is usually known as Philip Schuyler, while his son is usually known as Philip J. Schuyler.-Early life:...

 from 1775 to 1777 and as an Aide-de-Camp
Aide-de-camp
An aide-de-camp is a personal assistant, secretary, or adjutant to a person of high rank, usually a senior military officer or a head of state...

 to Major General
Major General
Major general or major-general is a military rank used in many countries. It is derived from the older rank of sergeant major general. A major general is a high-ranking officer, normally subordinate to the rank of lieutenant general and senior to the ranks of brigadier and brigadier general...

 Benedict Arnold
Benedict Arnold
Benedict Arnold V was a general during the American Revolutionary War. He began the war in the Continental Army but later defected to the British Army. While a general on the American side, he obtained command of the fort at West Point, New York, and plotted to surrender it to the British forces...

 at the Battle of Saratoga
Battle of Saratoga
The Battles of Saratoga conclusively decided the fate of British General John Burgoyne's army in the American War of Independence and are generally regarded as a turning point in the war. The battles were fought eighteen days apart on the same ground, south of Saratoga, New York...

. He was a Private secretary to John Jay
John Jay
John Jay was an American politician, statesman, revolutionary, diplomat, a Founding Father of the United States, and the first Chief Justice of the United States ....

, then 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 to enter the Bar in 1783, and was in private practice in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

 from 1783 to 1802.

Livingston served as a justice on the Supreme Court of New York from 1802 to 1807, where he authored a famous dissent in the case of Pierson v. Post
Pierson v. Post
Pierson v. Post, 3 Cai. R. 175, 2 Am. Dec. 264 , is a Supreme Court of New York case about a disagreement over a dead fox that serves as an important cornerstone in American legal education.- Background :...

, 3 Cai. R. 175
Legal citation
Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions , statutes, regulations, government documents, treaties, and scholarly writing....

(1805). Two years later, on November 10, 1806, Livingston received a recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...

 from Thomas Jefferson to a seat on the Supreme Court of the United States vacated by William Paterson. Formally nominated on December 15, 1806, Livingston was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 on December 17, 1806, and received his commission on January 16, 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
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...

 John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...

. In that era, Supreme Court Justices were required to ride a circuit
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...

; in Justice Livingston's case, he presided over cases in New York State.

Livingston died in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

 His remains are interred at Summerville Cemetery, which is located at John's Road at Cumming Road in Augusta.

See also


Further reading



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