recommended madeira for his recovery, not a bot-
tle of that or any other kind of wine was to be
found in his cellar: he had prescribed every drop
for others ; but as soon as this fact was known the
best wines were sent to him from all directions.
A crowd thronged the street near his residence,
No. 1 Broadway, to obtain the latest news of his
condition, and young people vied with each other
for the privilege of watching by his bed. His pri-
vate affairs became involved, so that he was un-
able to meet his obligations, and he was a debtor
for a considerable sum to the U. S. government.
This condition of affairs was due to a misappropri-
ation of funds by his business agent. Without
waiting for an adjustment of his accounts, he vol-
untarily confessed judgment in favor of the United
States for $100,000, but the exact sum was after-
ward found to be $43,666.21. He also conveyed all
of his property to a trustee for sale, with directions
to apply all proceeds to the payment of his debts,
and immediately resigned from both his offices,
although he continued to hold the mayoralty
until about October, 1803. His elder brother,
Robert, had just successfully completed the ne-
gotiations by which the territory of Louisiana
became the property of the United States. In
December, 1803, he left New York for New Orleans
by sailing-vessel, reaching the latter city in Feb-
ruary, 1804, where he at once resumed his profes-
sional career, hoping thereby to retrieve his for-
tunes. By accepting fees in land in lieu of ready
money, he soon acquired property that promised
to become a fortune within a few years. He found
that the legal practice in the new province con-
sisted of an unfortunate medley of the civil and
Spanish law, and in consequence he drew up a code
of procedure that in 1805 was adopted by the
Louisiana legislature. Among his private debts
at the time of his leaving New York was a judg-
ment that had been assigned to Aaron Burr, for
which the latter applied through his agent in New
Orleans. Gen. James Wilkinson, obtaining this
information, attempted in court to connect Liv-
ingston with Burr's conspiracy ; but the effort
failed, and Wilkinson made himself ridiculous by
his interference in the matter. One of the most
celebrated cases of the time was his controversy
with Thomas Jefferson, who was then president of
the United States, over the title and possession of
the property known as Batture Sainte Marie.
Among his early clients was John Gravicr, for
whom he obtained a title to that ground from the
city of New Orleans, receiving as his fee part of
the land. When he was about to improve it, the
people of New Orleans objected, claiming it as
their property, and appealed to the national gov-
ernment to sustain their rights, in consequence of
which the attorney-general decided in their favor,
and Livingston was dispossessed by the authority
of the United States. An action was at once
brought by Livingston in the Federal court of
New Orleans to recover damages for his expul-
sion, and a restoration to possession, and some-
what later another action was brought against Jef-
ferson. As the litigation approached decision in
New Orleans, Jefferson circulated a pamphlet that
reflected somewhat sharply on his adversary, which
was promptly responded to in a similar way by
Livingston. The latter finally triumphed in the
courts, although the delay was such that complete
pecuniary fruits of the victory only came to his
family long after his death. The unfortunate
termination of his career in New York, and the
accusation of Wilkinson, destroyed Jefferson's con-
fidence in him, and so made his opposition possible
in the Batture controversy. Later in life the two
men became reconciled, and cordial expressions of
sympathy and appreciation were received by Liv-
ingston from Monticello. During the second war
with England, Livingston acted as aide to Andrew
Jackson while the latter commanded the U. S.
army in the southwest, and he is said to have
served as "aide-de-camp, military secretary, inter-
preter, orator, spokesman, and confidential adviser
upon all subjects." His acquaintance with Jack-
son, begun when they were fellow-members of con-
gress, now ripened into a deep friendship that con-
tinued through life, and, before leaving New Or-
leans, Jackson caused his portrait to be painted on
ivory, and presented it to Livingston " as a mark
of the sense I entertain of his public services, and
a token of my private friendship and esteem." In
1820 he was elected to the lower house of the
Louisiana legislature, and in 1822 he was sent to
congress from the New Orleans district, serving,
with two re-elections, from 23 Dec, 1822, till 3
March, 1829. In 1823 he was appointed, with Louis
Moreau Lislet, to revise the civil code of Louisiana,
a work which was completed the next year, and
substantially ratified by enactment. Meanwhile,
in 1821, he was intrusted solely with the task of
preparing a code of criminal law and procedure.
The next year he made a report of his plan for the
work, which was afterward reprinted in London
and Paris. His code was submitted to the legisla-
ture in 1826, but never directly accepted. It was
very favorably received by the legal profession in
this country and Europe, adding greatly to his
fame. It visibly influenced the legislation of sev-
eral countries, and parts of it were adopted en-
tirely in Guatemala. He paid his long-standing
debt to the government in 1826, with interest
amounting to $100,014.89, by the disposal to the
United States of property in New Orleans, to which his title was clear and undisputed.
The action of President Jackson in directing the U. S. treasurer to receipt for this sum caused some unfortunate comment at the time, especially as others that were indebted to the government were confined in prison. As soon as this receipt was recorded, Livingston at once presented an account for salary that was due him as member of congress, which, on account of his being a debtor to the government, he had previously been unable to collect. During his career in congress his course was marked by a close adherence to the routine business of legislation, and by his efforts to reform the criminal code, to extend laws for the protection and relief of American seamen in foreign lands, and to promote the establishment and increase of the navy. In 1829 he was chosen U. S. senator from Louisiana, but served only until March, 1831, when he was invited to accept the office of secretary of state, which had been made vacant by the resignation of Martin Van Buren. He was generally credited with the preparation of the state papers of Jackson, and the celebrated nullification proclamation of 10 Dec, 1832, is supposed to have been written by him. He was sent as minister to France in 1833, and resided in Paris until 1835, conducting with great skill the difficult matters that resulted in the payment of the French spoliation claims. His friendship with Lafayette, beginning when as a boy he visited the marquis at his headquarters, and continuing through long years by correspondence, and kind attentions to Livingston's son, Lewis, was now renewed. On his return home, Livingston retired to the Montgomery place near Rhinebeck, which had been bequeathed to him in 1828 by his sister
