Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-03-17

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AT the laR term on the afiiavits then
read and filed with rhe clerck, rule was
granted in his cafe requiring the iecFeta-
~ OF fate TO ihew cauie why man
damus ihouId not iiIue, directing him to
deliver TO William Marbury his CON-
milton as a jufice Of peace for the coun-
~ Of Warrington, in the difriet of CO.
lumbia.
No caufc has been fhewn, and he pre-
tent motion is for mandamus. The Pc
culiar delicacy OF this cafe, the novelty
of fome of IFS circumstances, and the real
difficulty attending the points which
occur in it, requirea complete EXPEDITION
of the principles, en- which the opinion TO
be given by the court, is founded.
iacfe principles, have been, on the ilde
Of the applicant, very ably argued at the
bar. In rendering the opinion OF the
court. there will be fome departure in
form, though NOT in fubifance, from the
points fated in that argument.
In the order inswhich the court has view
this fubieef, the following queRions have
been corfidered and decided.
1T. Has the applicant right TO the
commiiIion ne demands. :
adly. If he has right, and that RICH:
has: been violated, do the laws OF his
country afford him remedy?
adv. If they do afford him rene
d.. is ira Mandamus ifuing from this
court.
The fra Object of nequiry is.
III. Has the applicant right to the
commiGion he demands
His right originates in an act OF Con-
preis pailed in February 1901, concein-.
ing the oitriet of Columbia.
After dividing the difritt into two
counties, the nth fiction of this law, en-
aas. thas there fhall be appointed 10
and for each of the iaid counties iuch num-
Der Of difcreet rsrlons TO be jufices OF The
peace, as the PRECEDENT OF the United
States. ihall from time TO time, think ex-
ned;ent, TO continue in Office tor five
years. -,
compliance with this law, commihion
for William Marbury as juffice OF the
peace for the county of Warrington, was
if;gned by John Adams, then PRECEDENT ct
the United States after which the Zeal
of the United States wss affixed 10 It !;
bus the commiilon has never reached the
merton for whornn was made out.
tau,der 10 determine whether he IS IN
,;t,ed 20 this csmmifion, it becomes ne
ceea,y TO enquire whether he has been
ari,,,;;nted 70 the Office. For If he has
been appointed, the law continues him IN
cGce for Eve years and he is Untitled
10 tae poGsGlon of shoie evidences OF OF
fce, which, being completed, became his
property. -
contribution, declares the PRECEDENT ihall
nominate, and, by and with the advice
and canien, OF the Senate, ihall appoint
bsIadors, other public minifters and
/. conals, and all other officers OF the Y.
States, whole appointments are NOT O.
,herwiie provided tor
The I'd fstiioa, declares, that ne
hsli con,mifiion all the officers OF the
United States
An aa Of Congrels, directs the Score
tary of STATE, TO keep the zeal OF the Unit
ed States, 70 make out and record, and
af;x the laid ieal 10 all civil commifllons
20 officers of the United States 70 be
appointed by The PRECEDENT, by and with
The content Of the Senate, or by the
preflent alone provided that the ia'd
zeal lhati not De ah&ed 70 any cem
milton before the fame ihall have been
iipoed by tAs Pseddsns Of the United
Srases. -.
Ihei. are the claufss of the contribution
and laws Of the United States, which at
fef9 this part Of the cafe. They ieem 10
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