Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-03-19

| sYp2.ntlnen,, he has sxesciic,, ~ wac n
power aod his aiicrelion las ms M 'aols
pleteIy applied 10 the cafe. Jf ''ln Con.
| the eEEicer be removable at =, y law,
the proficient, then a rev arn ~ shiof
may be Immediately made, and f ~
Of tie officer are terminated ''I p lights
faf, which has esilfsd, cannc, Be p1 Mas a
never TO have exilted, the appo;o, 'aade
cannot be annihilaied; and ccrIsa ,,.a'snt
| if the officer is, by law, nor renas. a''y.
| at the will Of the prcddeat; tie r;sh,.
has acquired arc pro,etfcd BY o. gu, !, !;
ard are not refulnaole by The p,es4 'sw'
They cannot be exsinguiihed BY ex.
! tive authority, ard he has The u,;. ,;I,s-
Of Altering them in like manner as f ,I
had been derived from any alhetr oa "ey
The queAion whether a right ha s, r.s
ed or not, is, in its nators, Judicial. ' 81,
nuf be tried BY the judicial sutbo rho s"s
If, for example, Mr.. Marbury had 10y
the oaths Of a masiltra,e ard PROCEEDED slsa
at as one: in conlequence of waishs G"'
had been inai;uted againt3 him, in vb; al,
his defence had depended on his b.;a" se
magiArate; the validity OF his srno;s.
ment mua have been determined By ;aa;
cial authority. ''
So, if he ecnceives that, by virtue +
his appointment, he has legal right :;
ther o the comniGion which b,s 49, ~
made Ont for him, or TO copy Of ,b,,
commiilion; il is equally queaion ey, :.
minable in court, and the decifob Of II.
court upon it muf depend on the opinion
entertained of his appointment.
That queaion has been difcuGed, and
the opinion is, that the latea poin, of
time which can be taken as that az which
the appointment was complete, aad ev;.
denced, was wien after the Ggnatun of
the PRECEDENT, the zeal of the y. Sta,esw,,
affixed TO the commi6ion.
1t is then the opinion of the court,
Ia. That by fgning the cemmiaion d
Mr.. Marbury, the prefdens of the U.
States appointed him juGice oil peace.
for the county Of Warrington in the dif.
tritf of Columbia; and that the zeal ofthe
U. States, affixed thereto, by the Score.
,ary of fate, is concluGve leaimony Of
the verify of the Ggnatore, and of the
completion Of the appointment, conferred
on him legal right to the Office for the
fpace of five years.
IDLY. That, having this legal title to
the office he has confequent right to the
commiAion arefuial to deliver which, is
plain violation Of thar right, for which
the laws of this country aford him Ars.'
medy.
1t remains to be enquired whether,
sdly. He is entitled to the remedy fn
which he applies. This depends on
1T. The nature of the writ applied for,
and,
IDLY. The powers Of this court.
1a. The nature Of the writ.
Backbone in the 3dvolume Of his CON.
mentaries, page 10, defines a mandamu'
to be, a command ilIuing in the kings
name, from the court Of kings bench,
and directed TO any Perfon, corporation
or inferior court of judicatufe witha
the kings dominions, requiring thent'
do fomr particular thing therein lpscIA,
ed, which appertains to their oHlc; and
duty, and which the court of kings
bench has previouAy determined, OF at
Ieaf fuppofes to be conGonan! to ngS'
aud jutice.
Lord Mansfield, in Sd Burrows iaoo'
in the cafe Of the King VS. Baker eta
Gates with much precilion and explicit
nels,the cafesinwhich this wris may bsni:a.
Whenever fays that very able Juds''
there is rightto execute an oHaCe, Pt, Z,
form lcrvice, or exarcile a tfan'a'Is
more Especially if il be in matter .
public concern, Or attended with pfon
and perfon is kept on: Of poAeHl'n' q
difp2EeGed Of fuch sigtt; and has n0o.
,har (,ec;E, leo,I remedy this Cow