Henry Brockholst Livingston: Soldier, Lawyer, Duelist, Judge

Henry Brockholst Livingston

 

Henry Brockholst Livingston or Brockholst Livingston as he preferred to be called was born on November 25, 1757, the son of William Livingston, future governor of New Jersey, and his wife Susanna French Livingston. He was educated, eventually graduating from the College of New Jersey in 1774. One of his classmates was James Madison. Brockholst intended to continue his studies but the Revolutionary War got in the way.

 

Philip Schuyler

           Brockholst rose to the rank of lieutenant colonel in the army. He served first as an aide to Philip Schuyler, then as an aide to Benedict Arnold during the Battle of Saratoga. He was one of the officers who signed a letter beseeching Arnold not to abandon the army between the two Battles of Saratoga.[1]

Benedict Arnold

            In 1779 he left the army on furlough to serve as personal secretary to John Jay, his brother in law and newly appointed minister to Spain. They learned French on the way across the Atlantic. Brockholst also picked up Spanish quickly in Spain. He held the post until 1782 when he returned to America. On the way back to the States, his ship was captured by the British and he was taken to New York as a prisoner. Three weeks later General Guy Carleton arrived in New York City and paroled Brockholst as a lieutenant colonel in the army. Brockholst was shocked to find that in his absence he had been “retired” from the army. He wrote to Washington, unsure if he had violated a rule of war.[2] Washington assured him he had done nothing wrong.[3]

John Jay

            Henry began reading the law and in 1783 passed the New York Bar. He was in private practice from 1783-1802. In 1785 he survived an assassination attempt. He wen on in 1790 to deliver a Fourth of July address at St. Paul’s Chapel in New York City in front of President Washington and both houses of congress.[4]

            In 1798 Brockholst was accosted by a Federalist in the street (Brockholst was an ardent anti federalist) who struck his rather prominent nose. A duel ensued in which the other man was killed. (Read more about that here)

            In 1800 Brockholst, Aaron Burr and Alexander Hamilton served as the defense team for Levi Weeks who was accused of murdering Gulielma "Elma" Sands, a young woman who he was either courting or engaged to. Despite overwhelming evidence against Weeks, he was acquitted after five minutes of jury deliberation.

Alexander Hamilton

Aaron Burr

         

   In 1802 Brockholst was made a justice of the New York Supreme Court. A few years later Thomas Jefferson appointed him an associate justice of the Supreme Court in a recess appointment. This was probably a reward for the work Brockholst had done for Jefferson in New York in helping him get elected. He spent a great deal of his time on the bench agreeing with Chief Justice John Marshall.

Chief Justice John Marshall

            Brockholst held his supreme court seat until he died in Washington D.C. in 1823. He was buried in Greenwood Cemetery in Brooklyn, New York. He was mourned by nine children from three wives. 

Brockholst's grave in Brooklyn

 

---

[1] Robert R. Livingston Papers, Reel 1

[2] “To George Washington from Henry Brockholst Livingston, 16 June 1782,” Founders Online, National Archives, https://founders.archives.gov/documents/Washington/99-01-02-08702

[3] “From George Washington to Henry Brockholst Livingston, 3 July 1782,” Founders Online, National Archives, https://founders.archives.gov/documents/Washington/99-01-02-08829

[4] “[Diary entry: 5 July 1790],” Founders Online, National Archives, https://founders.archives.gov/documents/Washington/01-06-02-0001-0007-0005. [Original source: The Diaries of George Washington, vol. 6, 1 January 1790 – 13 December 1799, ed. Donald Jackson and Dorothy Twohig. Charlottesville: University Press of Virginia, 1979, pp. 85–86.]

 

Dance Puppets Dance: The Livingston Family and the Hamilton-Burr Duel

Over the course of about two decades the Livingston family destroyed two men. By the end of 1804 one of the men was dead and the other was a shell of his former self who would never return to the political power he once had. The two men were, of course, Alexander Hamilton and Aaron Burr.

Robert R. Livingston, Not a good guy to mess with

      Chancellor Robert R. Livingston disliked Alexander Hamilton for a long time. Possibly as far back as 1777 when Hamilton insisted there was no way the British would attack the Hudson River Valley from New York City and discouraged Washington from sending troops to aid in the defense of the River despite the Chancellor’s belief that the redcoats would march north. The British army of course did march north and they burned down the Chancellor’s house.    



Alexander Hamilton
messed with Robert R. Livingston

In 1784 with the war over and the difficult process of building a nation ahead of them the Chancellor and Hamilton once again found themselves at odds. Hamilton was pushing a national bank based on purchasing the debt accumulated by the states during the recently ended war. Livingston opposed the plan. He favored a land bank in which capital would be provided to people based on mortgages. I don’t really want to delve deep into the economic theory of the two ideas because that is the job of an economist so to put it simply Hamilton favored an economy based on credit and Livingston favored an economy based on land. The Chancellor mustered all his influence in 1784 and again in 1786 and managed to have Hamilton’s plans blocked.



George Washington's first inauguration

In 1789 after the Chancellor swore George Washington into office as President he expected a high ranking position in the federal government, possibly a Supreme Court position or a cabinet post. He was sorely disappointed. Hamilton, who still held Washington’s ear, managed things so that the Chancellor was only considered for the post of minister to Great Britain which Livingston could not accept because he did not want to leave the country while it was still in its infancy or a fairly low ranking loan officer position which the Chancellor could not take as it was below him.

This one was of many cracks that developed in the relationship between Livingston and Federalist leaders. In 1790 when Hamilton pushed his economic plans again, Livingston once again stood against him. Livingston even went so far as to pull out his old pen name "Cato". In December of that year he called the plan a “public injustice” although the plan was eventually approved.



Aaron Burr, sir.

Philip Schuyler
Caught in the crossfire

 The following year when Aaron Burr ran for the Senate as a Democratic Republican against the Federalist incumbent Philip Schuyler, he had the vigorous support of Chancellor Livingston who sided with the emerging New York Democratic Republican party. Schuyler was Hamilton’s father-in-law, a former general in the Continental Army and a former ally of Livingston’s. The Chancellor had actually supported Schuyler in the first gubernatorial election that he lost to George Clinton. Schuyler became a victim of Livingston’s anger at Hamilton. Many people in New York assumed that Burr’s election was “the fruit of the Chancellor’s coalition with the Governor [George Clinton]”. By punishing the Chancellor in 1789, Hamilton had created a powerful enemy in New York.

Not that George Clinton

This George Clinton

Over the next few years the Chancellor slid even more into the Democratic Republican camp. In 1791 he met with Thomas Jefferson and James Madison in New York City before the pair set out on a trip through New York ostentatiously to study the flora and fauna but in reality shoring up political support. A correspondent reported to Hamilton that “There was every appearance of a passionate courtship between the Chancellor, Burr, Jefferson and Madison”  In fact the Chancellor fell so far to that side that Washington would not consider him as Secretary of State when Jefferson resigned despite the fact that Jefferson was pushing for his nomination. He had become too critical of the administration, particularly of Hamilton.

The Reynolds Pamphlet: Have you read this!?
Never gonna be President now.

Hamilton also helped damage his own reputation over the next several years. In 1795 he resigned as Treasury Secretary although he was still a close friend and advisor of Washington.  In 1797 much of his public standing dissolved with the publication of the Reynolds Pamphlet, in which Hamilton divulged information about an affair he had had in 1791 and 1792 with a married woman named Maria Reynolds and her husband’s subsequent blackmailing of Hamilton.

John Adams
Guys can I be president again?
Sit down John.

Soon the election of 1800 rolled around. The Federalist Party ran incumbent president John Adams and Charles Cotesworth Pinckney. Hamilton was not a fan of Adams and still had enough power to draw enough votes away from Adams that he would not be returned to the presidency despite the fact they were nominally of the same party. However this

Charles Cotesworth Pinckney
Was also there in 1800.

completely destroyed his reputation among Federalists. He would never hold another important office. The Democratic Republicans ran Thomas Jefferson and Aaron Burr with the idea that Burr would come in second to Jefferson and they would serve as president and vice president. They had considered running the Chancellor for the vice presidential spot because he would almost certainly draw votes away from Adams, but they chose Burr because it was felt he would garner more support in the south. When the electoral votes were counted Burr and Jefferson were tied for first. The decision then went to the House of Representatives, where Edward Livingston served. Burr asked Edward to carry a message to Congress that he would in fact like to be president. Many found this open campaigning for the position distasteful and after thirty six ballots Jefferson was chosen as president and Burr vice president.

This will make a whole lot more if you read Part 1 first!

At this point another Livingston in-law stepped in to make Aaron Burr’s life miserable. John Armstrong who was married to the Chancellor’s sister Alida, and was a lifelong trouble maker. During his time in the army Armstrong had been responsible for writing the letters that became known as the Newburgh Conspiracy. They called for the officers of the army to assemble and demand their missing back pay from Congress. Only an emotionally devastating speech by George Washington kept this from becoming a full on mutiny. In 1792 he published a series of satirical essays about his own brother-in-law, the Chancellor, when Robert was running for governor.

To reitterate this is a man who made a room full of
angry, hardened army officers weep by putting on his glasses

Armstrong and his ally DeWitt Clinton began viciously attacking Burr. In New York they worked to ensure that Burr’s friends and allies did not receive government jobs handed out by the Council of Appointment. It soon became very dangerous to be associated with the Burr name. Even the Chancellor who was used to political maneuverings was a bit shocked at how thoroughly Armstrong and Clinton destroyed Burr.



DeWitt Clinton, George Clinton's nephew

Not that George Clinton! Go read Part 1.

In 1804 the two men arranged a deal to drive Burr out of politics completely. Through a series of negotiations and favors it was arranged that George Clinton would run for both vice president and governor that year. He would win the governor’s seat and then resign it when he was elected vice president. The state Senate would then fill the vacant chair with the Chancellor who would return from France to take the job. On February 25, 1804 the plan started to go into action. At the Democratic Republican caucus Aaron Burr received exactly zero votes to be returned as a vice-presidential candidate.

The plan was put in danger though when George Clinton refused to run for governor of New York. He was replaced by Morgan Lewis, another brother-in-law of the Chancellor’s. Lewis had been a soldier, fighting in several iterations of the Northern Army throughout the Revolutionary War. He married Gertrude Livingston during the war and became a lawyer after the war. By 1801 he had become the Chief Justice of the New York Supreme Court but was largely unknown outside of legal circles.

Morgan Lewis
Third choice of his party but still whooped
Aaron Burr.

Nevertheless, when the votes were counted Lewis had won by more than 8,700 votes, the largest margin of victory in a New York gubernatorial race to that point.

Burr found himself facing the apparent end of his political career. When his term ended in March of 1805 he would have nowhere to go. He began to search about for someone to blame for his failures over the course of the last year. He focused on Hamilton and in particular a letter in the Albany Register in which Dr. Charles DeKay Cooper claimed to have heard Hamilton express a “despicable opinion” of Burr. A series of letter passed between Burr and Hamilton which lead to the anger between the two men only growing. Burr demanded a public apology for what Hamilton had said but Hamilton feared that apologizing would take away the last shred of respect anyone held for him. On June 11, 1804 the two broken but proud men faced each other, rather than any of the members of the Livingston faction who had played important roles in both of their downfalls, across the dueling grounds of Weehawken, New Jersey. There guns barked.

The exact moment Hamilton realized he had thrown away his shot

The next day Hamilton was dead and Burr was on his way to South Carolina. He eventually returned and finished his term in Washington. He then went into the Louisiana Purchase (recently completed by the Chancellor) and managed to get himself into trouble there. He went to Europe briefly but returned and lived the last few years of his life in New York City, never holding any type of political office again and occasionally having to use an alias.

The alias worked but he was never a master of disguise

The Livingston’s were nonplussed by the duel. The Chancellor returned from France the following year having doubled the size of the country. He went on to great success in agricultural pursuits and with the invention of the steamboat. Edward Livingston went on to be mayor of New York, a congressman and senator from Louisiana, Secretary of State under Andrew Jackson and Minister to France. John Armstrong was a senator and later became Secretary of War during the War of 1812. Morgan Lewis served out his term as governor. When the War of 1812 broke out he returned to the army and was promoted to major general. After the war he found success in more intellectual pursuits, serving as the president of the Historical Society of New York and helping to found New York University.

           The role that Hamilton and Burr’s personalities played in their duel cannot be over stated. Both were very proud and stubborn men. Ultimately it was their personalities that brought them to Weehawken. Events of the time contributed significantly to their dispute, events which were in part orchestrated by the Livingston family. Perhaps if Burr had not been so rash in challenging Hamilton he would have found himself facing Armstrong or another Livingston who had helped to end his time in government.

For more information see:
Fallen Founder: The Life of Aaron Burr by Nancy Isenberg
The Democratic Republicans of New York by Alfred F. Young
Alexander Hamilton by Ron Chernow

The Things He Carried

On December 31, 1775 General Richard Montgomery, husband of Janet Livingston, led a desperate attack on the British held city of Quebec.  Leading one of three wings of the attack Montgomery found the first barrier he and his men faced undefended.  He crossed with many of his sections officers and waited while a detachment of soldiers began tearing down the barrier to allow the main body of troops through.  Suddenly at the end of the street Montgomery noticed movement in a fortified blockhouse.  He knew well that the narrow street his men were using to enter the city would become a slaughterhouse if the defenders were able to fire a canon down the street from the blockhouse.  He drew his sword and charged the house with his officers hoping to catch the defenders off guard.  Unfortunately, the defending British and Canadians were not asleep and their canon spat grapeshot at the advancing Americans.  Most of the officers fell, Montgomery had been hit by three balls, in the leg, groin and head.  He died instantly.

            The attack on Quebec fell apart but the American army would stay around the city under the command of Benedict Arnold for several more months before a fighting retreat down Lake Champlain.  Montgomery was a wealthy man, an experienced campaigner and had plenty of time to prepare for the campaign in New York, Livingston Manor and Albany so he was well equipped. So what happened to his stuff?

            His money, in various denominations was inventoried on January 2, 1776 to be sent back to New York.  It amounted to a little over £ 347.  In addition his watch and seal were recovered from his body and sent to the Americans and then back to Mrs. Montgomery.  The General himself was buried in Quebec with full military honors.  In 1818 his body was returned to New York.

            The next day January 3, 1776 his personal effects were inventoried and, as was the custom of the time, they were auctioned off with the money being sent to his widow.  This custom may seem morbid but it allowed the other officers a way to resupply themselves on campaign and in many cases the money would be far more useful to the widow than her deceased husband’s shirts.  The officers who performed the inventory of Montgomery’s goods were Colonel Donald Campbell, Major John Brown, Major Fred Weisenfelts and Aide-de-Camp Aaron Burr. 

            The single largest buyer at the auction was Benedict Arnold.  His purchases included 3 ruffled shirts and six plain shirts, six cambric stocks, a silk neck cloth and three linen handkerchiefs.  Arnold also purchased a pair of “casimere” (perhaps cashmere) breeches and matching waistcoat which were probably quite comfortable in the cold Canadian winter.  Interestingly Arnold also purchased a pair of moccasins and “elegant Indian leggins”.  Because they are described as “Indian” the leggings were most likely leather, worn to protect one’s stockings from being destroyed when walking through the woods.

            Arnold (at right) also purchased a dozen knives and forks, six silver table spoons, six silver tea spoons and a pair of tea tongs.  He also purchased five table cloths and an old trunk for storage.  Silver spoons and table ware may seem fancy for a military campaign but it was important for Montgomery’s reputation that he be able to entertain his officers and if necessary enemy officers in high style.

            Among the other items sold from Montgomery’s possessions were two blankets and a counterpane (bed spread) sold to Colonel Seth Warner.  Aaron Burr bought a clothes brush, which was used for keeping his uniform looking clean and presentable.  In addition a pair of woolen stockings was given to Dick, described in the inventory simply as “the negro boy”, most likely a slave.  His sheets were sent to the hospital to be used for the wounded.

            There was a surprising amount of stuff not sold at the auction, especially considering that Arnold and his men had lost almost all their possessions on their march into Canada.  Among the unsold items were three more ruffled shirts, six muslin neck cloths, fifteen pairs of stockings of various materials, five pairs of breeches, two waistcoats and two cotton caps, shoes, gloves, a watch coat, his mattress and pillows. 

            Montgomery also had a small library with him which was not sold.  The titles included; Reveries on the Art of War by Maurice De Saxe, two volumes by Polybius, a Greek historian, L'Ingenieur de Campagne by Clarac (a book on military engineering),  four volumes of La Science Militaire and Johnson’s English Dictionary.  These books show Montgomery to be a serious student of military tactics and not someone who was willing to rest simply on the knowledge he had already gained.

            One thing that is not listed on the inventory are any personal letters. He did correspond with Janet Montgomery during the campaign and his letters to her have survived, at least in transcribed form but none of hers to him survive.  It is believed that Montgomery took the prudent step of burning the letters after he had read them.  This would prevent the enemy from gaining any intelligence from them should he be captured.

            All in all the inventory of Montgomery’s personal goods gives us a good idea of the type of man the Montgomery was.  He was a man fully dedicated to the cause; nothing in the inventory obviously indicated his life with Janet.  Everything he carried was what was viewed as necessary for an eighteenth century military officer on campaign.  Nothing more to remember his life at home and nothing less, which could have lowered other opinions of him.