Edward Livingston

Almost immediately upon his arrival in Louisiana, where the legal system had previously been based on Roman, French, and Spanish law, and where trial by jury and other particularities of English common law were now first introduced, he was appointed by the legislature to prepare a provisional code of judicial procedure, which (in the form of an act passed in April 1805) was continued in force from 1805 to 1825.[14]

In 1807, after conducting a successful suit on behalf of a client's title to a part of the batture or alluvial land near New Orleans, Livingston attempted to improve part of this land (which he had received as his fee) in the Batture Ste. Marie. Great popular excitement was aroused against him; his workmen were mobbed; and territorial Governor William C. C. Claiborne, when appealed to for protection, referred the question to the Federal government.[14]

It has been alleged that Livingston's case was damaged by then-President Thomas Jefferson, who believed that Livingston had favored Aaron Burr in the Presidential election of 1800, and that he had afterwards been a party to Burr's schemes. Jefferson made it impossible for Livingston to secure his property title,[14] since by asserting the claim that such battures were the property of the Federal government, Livingston's title obtained from the Territorial Court was invalid. In response, Livingston filed a civil lawsuit against Jefferson in 1810. After the case was dismissed on December 5, 1811, by Chief Justice John Marshall due to lack of jurisdiction,[15] Jefferson, nonetheless, in 1812 published a pamphlet originally intended "for the use of counsel" in the case against Livingston, to which Livingston published a reply.

Louisiana became a U.S. state just one and a half months before the U.S. Congress declared war upon Great Britain. During the War of 1812, Edward Livingston was active in rousing the ethnically-mixed population of New Orleans to resistance against the threat of British invasion. He used his influence to secure amnesty for Jean Lafitte and his followers when they offered to help defend the city, and in 1814–15 acted as adviser and one of several aides-de-camp to Major General Andrew Jackson, who was his personal friend.[14]

In 1821, by appointment of the Louisiana State Legislature, of which he had become a member of the Louisiana House of Representatives in the preceding year, Livingston began the preparation of a new code of criminal law and procedure, afterwards known in Europe and America as the "Livingston Code." It was prepared in both French and English, as was required by the necessities of practice in Louisiana, and actually consisted of four sections: crimes and punishments, procedure, evidence in criminal cases, and reform and prison discipline. Though substantially completed in 1824, when it was accidentally burned, and again in 1826, the criminal code was not printed in its entirety until 1833. It was never adopted by the state.[14]

The Livingston Code was at once reprinted in England, France, and Germany, attracting wide praise by its remarkable simplicity and vigor, and especially by reason of its philanthropic provisions in the code of reform and prison discipline, which noticeably influenced the penal legislation of various countries. In referring to this code, Sir Henry Maine spoke of Livingston as "the first legal genius of modern times."[16] The spirit of Livingston's code was remedial rather than vindictive; it provided for the abolition of capital punishment and the making of penitentiary labor not a punishment forced on the prisoner, but a matter of his choice and a reward for good behavior, bringing with it better accommodations. His Code of Reform and Prison Discipline was adopted by the government of the short-lived Federal Republic of Central America under liberal president Francisco Morazán.[14]

Livingston was the leading member of a commission appointed to prepare a new civil code for Louisiana, which for the most part the legislature adopted in 1825; and the most important chapters of which, including all those on contracts, were prepared by Edward Livingston alone. Livingston became again a U.S. Representative, this time as the first person to serve Louisiana's 1st congressional district. The preliminary work for the preparation of a new civil code was completed by James Brown and Louis Moreau-Lislet, who in 1808 reported a Digest of the Civil Laws now in force in the Territory of Orleans with Alterations and Amendments adapted to the present Form of Government.[14]

Edward Livingston c. 1827 by Anson Dickinson

Livingston served as a U.S. Representative from Louisiana from 1823 to 1829, a U.S. Senator from 1829 to 1831, and for two years (1831–1833) United States Secretary of State under President Jackson. In this last position he was one of Jackson's most trusted advisers. Livingston prepared a number of state papers for President Jackson, the most important being the famous anti-nullification proclamation of December 10, 1832.[14]

From 1833 to 1835, Livingston was minister plenipotentiary to France, charged with procuring the fulfillment by the French government of the treaty negotiated by W. C. Rives in 1831, by which France had bound herself to pay an indemnity of twenty-five millions of francs for French spoliations of American shipping chiefly under the Berlin and Milan decrees, and the United States in turn agreed to pay to France 1,500,000 francs in satisfaction of French claims. Livingston's negotiations were conducted with excellent judgment, but the French Chamber of Deputies refused to make an appropriation to pay the first installment due under the treaty in 1833, relations between the two governments became strained, and Livingston was finally instructed to close the legation and return to America.[14]

The town of Livingston, Guatemala, is named after Edward Livingston, in commemoration of the Livingston Code.

Edward Livingston is the namesake of counties in Illinois, Michigan, and Missouri,[19] and a parish in Louisiana with its seat of Livingston. Also named for him is a town in Tennessee, a town in Livingston, Alabama, a Sumter County, Alabama, and by extension, the town of Livingston, Texas, Lake Livingston in Texas, and the Livingston Dam.

Edward Livingston High School[20] (formerly a middle school) in New Orleans was named for him. Fort Livingston, a 19th-century coastal fortification, was named after Edward Livingston, along with today's Fort Livingston State Commemorative Area in south Louisiana.

Livingston was elected a member of the American Philosophical Society[21] in 1825 and the American Antiquarian Society[22] in 1833.