# Henry Brockholst Livingston *American Revolutionary War officer, New York judge, and associate justice of the Supreme Court of the United States (1757–1823)* Henry Brockholst Livingston (November 25, 1757 – March 18, 1823) served as an officer in the American Revolutionary War, sat as a judge in New York, and was an associate justice of the [[Supreme Court of the United States]] from 1807 until his death.[^1] During the Revolution he was an aide-de-camp to generals in the Northern Campaign. The Continental Congress made him a lieutenant colonel in October 1777, and from 1779 he served in Spain as private secretary to his brother-in-law, the U.S. Minister to Spain.[^2] After the war he practised law in New York City and joined the Supreme Court of New York in 1802.[^3][^4] President Thomas Jefferson appointed him to the federal Supreme Court in 1806. On that Court his votes and opinions often followed those of the Chief Justice.[^4] ## Early life Livingston's parents were William Livingston (1723–1790) and Susanna French (d. 1789). He was born in New York City in 1757.[^5] In 1774 the College of New Jersey, today Princeton University, awarded him a Bachelor of Arts.[^5] He came into possession of Liberty Hall, the family's New Jersey estate, whose grounds are now the site of Kean University. He kept the estate until 1798.[^5] ## Military service His Revolutionary service was both military and diplomatic. He entered in 1775 as a captain, acting as aide-de-camp to General Philip Schuyler in the war's Northern Campaign. By December of that year he held the rank of major in the 3rd New York Regiment of the New York Line.[^2] He served under General Arthur St. Clair in 1776 and 1777. He then became an aide-de-camp to Major General Benedict Arnold in the Saratoga Campaign. He fought at the Battle of Freeman's Farm on September 19, 1777, and afterward gave Arnold public credit for the American victory. That credit strained his relations with General Horatio Gates, who commanded the Northern Army.[^2] On September 26, 1777, he left camp and returned to Schuyler at Albany.[^2] Earlier in 1777 he had carried dispatches to the Continental Congress reporting the August victory at the Battle of Bennington. Congress made him a lieutenant colonel on October 4, 1777, eight days after he left Saratoga. He was also present when British General John Burgoyne's army surrendered at Saratoga.[^2] He was granted leave in 1779 and went to Spain as private secretary to his brother-in-law, [[John Jay]], the U.S. Minister to Spain. There he assisted American efforts to obtain Spanish aid for the war. British forces captured him at sea in 1782 as he sailed home, and he was imprisoned.[^2] ## Legal career Once out of the army, Livingston studied law by reading and entered the bar in 1783. He practised privately in New York City until 1802.[^3] He was among defense counsel in *Rutgers v. Waddington* (1784), and he was an Original Member of the Society of the Cincinnati.[^3] He also joined Alexander Hamilton and Aaron Burr as one of three defense lawyers in the trial of Levi Weeks, who was charged with murdering Elma Sands.[^3] ### Judicial career Livingston sat on the Supreme Court of New York from 1802 to 1807. In the 1805 case *Pierson v. Post*, he wrote a dissent.[^4] On November 10, 1806, Thomas Jefferson gave him a recess appointment to the Supreme Court. The appointment filled the seat left vacant by [[William Paterson (judge)]].[^4] Jefferson formally nominated him on December 15, 1806, making Livingston Jefferson's second nominee. The [[United States Senate]] confirmed him two days later, on December 17. He took the oath on January 20, 1807, and remained on the Court until he died in 1823.[^4] On the bench, his votes and opinions frequently tracked those of Chief Justice [[John Marshall]].[^4] Justices of that period also had to ride circuit, and Livingston's circuit duties had him presiding over cases in New York State.[^4] ### Virginia-New York Alliance Before joining the federal bench, Livingston had served on the state supreme court. He had also been a member of the New York State Assembly and was active in politics.[^6] The Wikipedia account states that family ties caused his allegiance to the Democratic-Republican party to fade, and that he provoked the Federalists. It does not date either development.[^6] ## Family On his father's side, his uncles were Robert Livingston (1708–1790), Peter Van Brugh Livingston (1710–1792) and Philip Livingston (1716–1778). His paternal grandfather was Philip Livingston (1686–1749), 2nd Lord of Livingston Manor. His paternal grandmother, Catherine Van Brugh, was the only child of Pieter Van Brugh (1666–1740), a mayor of Albany.[^7] In 1774 his sister Sarah Van Brugh Livingston (1756–1802) married John Jay (1745–1829). Jay was later a diplomat and a signatory of the Treaty of Paris. He also became the second [[governor]] of New York and the first chief justice of the United States, and he is counted among the Founding Fathers.[^7] Another sister, Susannah Livingston (1748–1840), married John Cleves Symmes (1742–1814). Symmes represented New Jersey in the Continental Congress and afterward became a pioneer in the Northwest Territory. Anna Symmes, his daughter by an earlier marriage, married William Henry Harrison, who later became president. She was the grandmother of President Benjamin Harrison.[^7] ### Marriages and children Livingston was married three times.[^8] On December 2, 1784, he wed Catherine Keteltas (1761–1804), daughter of Peter Keteltas and Elizabeth Van Zandt. They had four children:[^8] - Eliza (1786–1860), who married Jasper Hall Livingston (1780–1835) - Susan French (1789–1864), who married Benjamin Ledyard (1779–1812) - Catherine Augusta (b. c. 1790), who married Archibald McVicker (1785–1849) - Robert C. (b. c. 1793) Catherine died in 1804. He then married Ann N. Ludlow (1775–1815), daughter of Gabriel Henry Ludlow and Ann Williams. Their children included Carroll Livingston (1805–1867), who married Cornelia Livingston, and Anson Livingston (1807–1873).[^8] ## Notes [^1]: Wikipedia, *Henry Brockholst Livingston*, lead section (revision 1370864347, retrieved 2026-10-26) — dates of birth and death; Revolutionary service; New York judgeship; associate justice of the Supreme Court of the United States. https://en.wikipedia.org/wiki/Henry_Brockholst_Livingston [^2]: Wikipedia, *Henry Brockholst Livingston*, *Military service* section (revision 1370864347, retrieved 2026-10-26) — ranks, commanders, Saratoga dates, promotion of October 4, 1777, mission to Spain and 1782 capture. https://en.wikipedia.org/wiki/Henry_Brockholst_Livingston [^3]: Wikipedia, *Henry Brockholst Livingston*, *Legal career* section (revision 1370864347, retrieved 2026-10-26) — admission to the bar in 1783, practice 1783–1802, *Rutgers v. Waddington*, Society of the Cincinnati, Weeks trial. https://en.wikipedia.org/wiki/Henry_Brockholst_Livingston [^4]: Wikipedia, *Henry Brockholst Livingston*, *Judicial career* subsection (revision 1370864347, retrieved 2026-10-26) — state bench 1802–1807, *Pierson v. Post*, recess appointment, nomination, confirmation and oath dates, circuit duty. https://en.wikipedia.org/wiki/Henry_Brockholst_Livingston [^5]: Wikipedia, *Henry Brockholst Livingston*, *Early life* section (revision 1370864347, retrieved 2026-10-26) — parents, birth, 1774 degree, Liberty Hall. https://en.wikipedia.org/wiki/Henry_Brockholst_Livingston [^6]: Wikipedia, *Henry Brockholst Livingston*, *Virginia-New York Alliance* subsection (revision 1370864347, retrieved 2026-10-26) — pre-1807 offices and party allegiance. https://en.wikipedia.org/wiki/Henry_Brockholst_Livingston [^7]: Wikipedia, *Henry Brockholst Livingston*, *Family* section (revision 1370864347, retrieved 2026-10-26) — uncles, grandparents, sisters' marriages to John Jay and John Cleves Symmes. https://en.wikipedia.org/wiki/Henry_Brockholst_Livingston [^8]: Wikipedia, *Henry Brockholst Livingston*, *Marriages and children* subsection (revision 1370864347, retrieved 2026-10-26) — marriages to Catherine Keteltas and Ann N. Ludlow and their children. https://en.wikipedia.org/wiki/Henry_Brockholst_Livingston