Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-01-11
have been difficult for him to do SO.
| Jefferson's Friendly Letter.

| thing later, he sent 1t to Mr.. Jefferson
for suggestions. Mr.. Jefferson pleaded
his great age and his inability to com
ment upon the Code as it deserved, but
he said:
Il have attended to so much of
| your work as has heretofore been
| laid before the public, and have
| looked with some attention also
into what you have now sent me.
1t will certainly arrange your
name with the sages of antiquity
And he closes long letter with TINS
expression: Wishing anxiously that
your great work may obtain complete
success, and become an example for the
imitation and improvement of other
states. pray you to be assured of my
undated friendship and respect"
Ten years after Jefferson's death.
Livingston appeared as senior counsel
for the city in the case of New Orleans
VS.. the United States. argued and de-
cided in the Supreme Court of the
| United States in 1886 and reported in
10th Peters, 662. The question in the
case was unlike that in the Batture
case. The City of New Orleans had
extended its streets across what was
really batture down to the river. The
| tract had been gradually enclosed with
| in the extended levee. The issue was
whether the United States by transfer
from France and Spain had not &C
quired such a right III this open space
as to prevent the city from extending
| its streets through it. Mr.. Webster was
associated with Mr.. Livingston in rep
fEesenting the city, and Benjamin f. But
| Ter, Acknowledgement of the United
States, represented the government. In
the course of the argument, Mr.. Butler
referred number of times to Mr.. Liv-
| ingston's answer to Mr.. Jefferson ana
commended the accuracy and lucidity
of his dealing with certain of the is
sues arising in the case then under
argument. When Mr. Livingston came
to reply. he used this language which
will be found on page 691 of 10th
Peters:
! The reference to the pamphlet, from
which the argument has been drawn;
the fiattering terms in which the attor-
ney-general has been pleased to speak
of it: and the possibility that, in look
ing at it, the court may recur to other
parts than those Immediately relating
to the question before them, obIige me
to ask their Indulgence for a single
observation; irrelevant, it is true, to
the case, but which l am happy to find
an opportunity of making. The pam
phlet was written under circumstances
in which the author thought and still
thinks, he had suffered grievous
wrongs; wrongs which he thought, and
still thinks, justified the warmth of
language in which some parts of his
arguments are couched; but which, his
respect for, the public and private char
acter of his opponent, always obliged
him to regret that he had been forced
to use. He is happy. however, to say,
that at a subsequent period, the friend
ly intercourse with which prior to that
breach. he had been honored, was re-
newed; that the offended party forgot
the injury; and that the other per-
formed the more difficult task Gf the
maxim of a celebrated French author
is true) of forgiving the man upon
whom he had inflicted it. The court. I
hope. will excuse this personal digres-
sion; but l could not avoid using this
occasion of making known. that have
been spared the lasting regret of re-
f1ectine. that Jefferson had descended
to the grave with a feeling of ill will
| towards me-"
| The case was decided in favor of the
| City of New Orleans and against the
United States. In leaving the Batture
case, l should say that Livingston
bought his interest in it originally with
the hope that it's increase in value
would enable him to pay eff his debt to
the United States growing out of the
defalcation as District Attorney of
New York. He had confessed judgment
for more than 100000 and had sur
rendered all his then property to sat-
isfy as much as it would The Batture
followed him for many years of his life,
and while he lived was a liability and
drained his pocket and his strength. He
did settle his debt with the United
States, however. principal and interest
amounting to more than the principal
When jackson sent his name to the
Senate as Secretary of the Senate. CLAW
moved scrutiny of the settlement of
Livingston with the government He
was to withdraw the motion on Senator
Dallas assurance of its entirely honor
able character, but this did not pre-
vent Clay in subsequent attacks upon
Jackson, from CHASING Livingston with
notorious defaulters in the government.
The Livingston Criminal Code,
There remains for me to saw some
thing of LivingstOn's relations to An
drew Jackson and of the code upon
which rests his chief right to rank
among the really great. In 1914 the
English were threatening the territory
OF the United States along the gulf
and General Jackson stationed at Mo-
bile was taking measures to meet them.
The English hoped that the French and
Spanish creoles, with whom the trans
Ter OF Louisiana had not been very pom
ular, might be induced to welcome them
and side with them. There were other
elements, too, in the community whose
loyalty was uncertain. There were the
Tree persons of color and then there
were the slaves Livingston, who had
become the acknowledged leader of the
bar Of New Orleans, was much con-
cerned, and was active in seeking TO
arouse all the people to the necessity
OF measures for defense Having mar
ried French lady, a year after he
came to Louisiana, for his second wife