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

 

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[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.]

 

"As Approaches Madness": The Jay Treaty, New York's 1798 Gubenatorial Election and The Death of a Friendship

          

Robert R. Livingston

Chancellor Robert R. Livingston could be a powerful and influential friend to have. Unfortunately, it was very easy to earn the man’s enmity. As a result, Livingston retained few friends for long periods of time. His three most significant friends from before the Revolution were Richard Montgomery, Gouverneur Morris and John Jay. All three men were at one time or another as close as brothers to the Chancellor but over the years the closeness ended.

            Richard Montgomery was married to Chancellor Livingston’s older sister, Janet. The two men became close friends often spending time talking science, agriculture and politics. Both had similar political leanings. Both were sent to New York to guide New York in the early days of the war. Livingston was chosen to go to Congress in Philadelphia while Montgomery remained in New York. With Livingston’s influence, Montgomery was selected as a brigadier general in the new army. On the last day of 1775 his friendship with Livingston came to a sudden and rather violent end when he was struck by several grapeshot while leading an assault on the city of Quebec.

The real death of Montgomery was less clean and dramatic and more taking grapeshot to the head and groin

          

Gouverneur Morris. How could the ladies resist?

Gouverneur Morris met Livingston at King’s College, when he entered a few years behind the Chancellor. Morris and Livingston had similar backgrounds, both were from landed family, and, again, similar political leanings. During the war they frequently served together in various bodies or corresponded about their respective duties. Livingston even had Morris check into the background of Thomas Tillotson when he proposed marriage to one of the Chancellor’s younger sisters. If there was one thing about Morris that Livingston particularly disliked, it was Morris’s penchant for the ladies. Livingston once even took the time to write a letter to Morris admonishing him for spending time with ladies when he should have been attending to his Congressional responsibilities. Given his reputation as a lothario it is unlikely that Livingston would trust Morris alone with his wife, mother, daughters, sister or any particularly attractive sheep. After the war Morris moved to Pennsylvania and his duties took him away for long periods of time. While he and Livingston never formally ended their friendship they had lost the closeness they once shared.

Baa.

            John Jay was the Chancellor’s closest friend for many years. The two had also met at King’s College. After graduating they served their time as law clerks at the same time and passed the bar together. They briefly operated a law firm together and became fairly prominent in New York City society life. Jay even married a cousin of Livingston’s. As they matured they became the god father to each other’s children. In 1776 they made plans to live together with their wives while attending Congress but an illness for Sarah Jay prevented this from happening. During the war the men wrote the lion’s share of the New York Constitution together, they worked on the defense of the Hudson River together and they were even involved in some counter espionage together.

         

John Jay shortly before he stabbed the nation in the back

   The brother like closeness these two men shared makes the ending of their friendship all that much more tragic. The first cracks appeared during the war. In 1777 Jay tried to slip some anti-Catholic clauses into the New York Constitution which Livingston prevented. Later when Livingston was Secretary of Foreign Affairs and Jay was one of the peace negotiators in France, Livingston rebuked the negotiators for exceeding their authority and keeping the French in the dark about their negotiations. Jay responded with an enormously long letter explaining their reasoning.

            After Livingston issued the oath of office to George Washington, making him the first President of the United States of America, his relationship with his friend Jay was further strained. Jay was made Chief Justice of the Supreme Court while Livingston received no federal title. Not only was Jay earning his enmity but so was the entire Federalist party.

            In a relatively short amount of time Robert Livingston would switch his allegiance to the Democratic-Republican party and bring along most of his family or “faction” as his political enemies preferred to call it. In 1795 John Adams celebrated the defeat of Tillotson for office as a victory over the Chancellor in a letter to his wife. “Mr. King is re-elected by the Legislature of New York by a majority of five in the House and two in the senate, in opposition to Mr. Tillotson, whom you know, to have married a Sister of Chancellor Livingstone. This is a great Point gain’d.”[i]  Of course Adams had always hated Livingston although he blamed their animosity on Livingston saying “The Passion which has influenced the Chancellor, through Life has been envy of Mr. Jay, and consequent Jealousy of the Friendship between Mr. Jay and me. He hated me because I was the friend of Mr. Jay.”[ii]

Of course everyone is jealous of you John Adams

The relationship between the Livingstons and the Federalists became so bad that a cousin of Livingston’s, Maturin Livingston, very nearly dueled Alexander Hamilton in 1796 but Hamilton begged off because he already had another duel scheduled.[iii]

People still voted for the man. Twice.

            It seemed that Livingston and Jay had a chance to become friends again in 1794, until Washington sent Jay to England to negotiate a new treaty that would tie up some loose ends from the Revolution. When the text of what became known as the “Jay Treaty” became generally known John Jay became one of the most hated men in America. People felt he had conceded far too much to the British. Jay was quoted as saying he could have traveled from Boston to

A rather elegant bit of graffiti from Boston. They don't vandalize like they used to.

Philadelphia at night by the light of his burning effigies. Livingston was perhaps the loudest voice criticizing the treaty. He published a series of letter under the pen name “Cato” blasting the treaty and even wrote directly to Washington to pressure him not to ratify it. To Washington he wrote; “Nothing but your glory can save under these circumstance the honor of our nation.”[iv]

Not this George Clinton

            In 1795, while he was still in England, Jay had been elected governor of New York when long time governor George Clinton declined to run again. Many had expected Livingston to be Jay’s opponent in the election but the Democratic-Republican surprisingly chose Robert Yates, whom Jay easily defeated.

            Three years later the Chancellor was chosen to run against Jay. The election was tough and dirty. Vicious ads and letters filled the newspapers. It attracted the notice of people in other states.

Seriously thought Livingston was worse than Satan

Abigail Adams wrote to her son John Quincy Adams of the Chancellor “An insatiable Ambition devours the Chancellor. To see Mr. Jay stand higher in the publick estimation and Elected chief over him; fills him with the same sensations, which Milton puts into the mouth of the Arch Fiend. “Better to Reign in Hell, than serve in Heaven.””[v] That’s right. She compared him to Satan. Thomas Jefferson wrote to James Madison “Hard elections are expected there between Jay & Livingston.”[vi]

 Worse yet the Federalists of New York moved in masse against the Chancellor. Alexander Hamilton, who had never forgiven Livingston for opposing his financial plans in the 1780’s, went so far as to write to Timothy Pickering to ask him to examine the papers of the Chancellor from his time as Secretary for Foreign Affairs looking for ammunition to use against him.[vii]

            At one point during the campaign Livingston paid a visit to Philip Schuyler at Schuyler Mansion in

Philip Schuyler, "Go to Canada? I mean ow, my toe."

Albany. Livingston and Schuyler had often found themselves on the same side during the war, even though a very convenient case of gout kept Schuyler from commanding the expedition against Canada which effectively ended with Montgomery’s death. Livingston complained of Jay and the federal government, perhaps forgetting the Schuyler was Alexander Hamilton’s father-in-law. No sooner had Livingston finished his rant and departed the house than Schuyler put quill to paper to report the meeting to Hamilton; “he and his friends are Assiduous in blackening Mr. Jay’s character.”  He went on to say of the Chancellor “The man my dear Sir has worked himself up to such a pitch of Enmity against our Government as approaches Madness.”[viii]

Lets be honest Schuyler Mansion (top) really was shabby compared to the elegant Arryl House (bottom)

            Livingston lost the election. Three years later Thomas Jefferson sent him to France. He returned a few years later having doubled the size of the country with the Louisiana Purchase and went on to a life of success in agriculture and business. In the meantime, his “faction” had seen to the end of the political careers of Aaron Burr and Alexander Hamilton.(Check that story out here)  Jay had retired from public service in 1801 to become a farmer but he and Livingston never spoke again.

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[i] John Adams to Abigail Adams 29 January 1795 Adams Papers

[ii] John Adams to Francois Adriaan Van Der Kemp, 23 August 1806 Adams Papers

[iii]  See letters between Hamilton and Maturin Livingston January 18, 20 and 21, 1796. Hamilton Papers

[iv] Robert R. Livingston to George Washington, 8 July 1795 Washington Papers

[v] Abigail Smith Adams to John Quincy Adams 27 May 1798, Adams papers

[vi] Thomas Jefferson to James Madison 3 January 1798, Madison Papers

[vii] See letters between Alexander Hamilton and Timothy Pickering 10 February and 5 April 1797 Hamilton Papers.

[viii] Philip Schuyler to Alexander Hamilton, 31 March 1798, Hamilton Papers