Evening star., 1935-08-11

been made out, signed by the Presi-
dent and turned over to the Secretary
Of State. Indeed, the transaction had
been completed except the actual de-
livery Of the documents.
The District Of Columbia then con-
sisted Of two counties-Washington,
which included that part ceded by
Maryland, and Alexandria, the part
ceded by Virginia. and afterward ret
roceded. Georgetown had its own
mayor and city government.
THE nominees for the ofices Of JUS
tice Of the peace were all local
men, or men who lived nearby, and,
no doubt, thousands Of their descend
ants are residing here today. They
we're: For Washington County,
Thomas Sim Lee, Thomas Peter, iris
tram Dalton, william Marbury. Ben
jamin Stoddert, Thomas Addison.
Uriah Forrest, John Laird, Daniel
Carroll. Richard Forrest, John Ma
son, Cornelius Cunningham, James
Barry. Marshall Waring, Thomas
Beall. John Threlkeld. William Thorn
ton. Lewis Devlois, Daniel Reintsell,
william Hammond Dorsey, Robert
Brent. Joseph sprig Belt and Abraham
Boyd.
Those nominated to serve for Alex
andria County were William Fitshugh,
John Potts, Robert Townsend Hooe,
Jonah Thompson, Richard Conway,
william Harper, Charles Alexander
Jonathan Swift, George Gilpin, Abra-
ham Faw, Francis Payton, Charles
Alexander, jr.: George Taylor. John
Herbert, Dennis Ramsay. Cuthbert
Powell, Simon Summers. Jacob
Haughtman and Cleon More.
WHEN James Madison became Sec
w retary Of State and found these
commissions undelivered. he promptly
piseonholed them, or maybe de-
stroyed them entirely-no one knows
to this day what really did become Of
them. But whatever fate they suf-
fered, undoubtedly 1t was by direc-
ton Of President Jefferson.
Space will not permit going into
details regarding the decision rem.
dered In the case Of Marbury against
Madison, which includes about 5000
words, except to say that 1t was ir
favor Of Marbury, whose counsel wa.
Charles Lee, and that 1t has become
such firmly established law that i
has stood unchanged for 132 years
and every President and every ad
ministration has had to live up to 1t
Just . few excerpts from the deci
sion follow:
"The Government Of the Unitet
States has been emphatically termet
o government Of laws, and not o.
men. It will certainly cease to deserv,
this high appellation If the laws fur
nish no remedy for the violation of ,
vested legal right"
''The Constitution vests the who'll
judicial power of the United States II
one Supreme Court, and such inferio
SouA 10 - NVA6ASeo oAAnii, 4tVSn oAtai
to time ordain and establish. Thi
power Is expressly extended to al
cases arising under the laws Of tn
United States, and, consequently, II
some form, may be exercised over tn
present case, because the right clsime'
Is given by law Of the United States.
'It cannet be presumed that an,
clause in the Constitution Is intende'
to be without effect and, therefors
such 0 construction Is inadmissibls
unless the words require it."
THE question. whether an act, re
pugnant to the Constitution, can be
come the law Of the land, is . ques
ton deeply interesting to the Unite
States; but. happily, not Of aa in
tricacy proportioned to its Interest
It seams only necessary TO recegniz
certain principles, supposed to hav
been long and well established. Z
decide 1t.
THAT the people have an origina
right TO establish. for their II
ture government. such principles. q
| In their opinion, shall most condue