Evening star., 1936-02-02
ny JESSIE FAINT EVANS.

By JESSIE FAINT EVANS.
A PAINTING of great-grand-
n father by Sully, in the possess
Il sion Of william Marbury and
4 \ his sister, Miss Mary H. Mar
hurry, OF 1877 Thirty-first street. links
these, his grandchildren. with an
epoch-makinR Supreme Court deci.
sion that rocked the Nations Capitai
IN no ess degree than has been the
case with the recent A. A. A. pro-
nouncement
This ancestor, who from under
dark. broadly arched eyebrows looks
down with o mingled gaze OF flrmness
and eauability upon the only two direct
descendants now living OF their gen
Grafton, Is William Marbury, the nrst'
successful contender in the famous
Supreme Court case of Marbury VS..
Madison With the original gold
frame of the portrait and his white
folded stocF linking him to this older
time. he is shown seated IN MS
fayorite armchair The very posture
of the man. with his broad brow ana
firm chin would cause you to rumlnate
before YOU are aware of his history,
"Heue is An individual who would not
eeek a controversy but would defend
what he conceived to be his Just
rights against the world" He did just
that when he engaged in a law suit
against the then Secretary OF state
and the effort of Chief Executive
to set aside an act Of his predecessor.
First Great Decision.
The decision in favor OF this Will
liam Marhuly handed down by Chief
Justice Marshall, later himself to be
DESIGNATED as the second Constltu-
ton maker Of the United States" was
the first of great consequence to be
rendered by the Supreme Court. It's
Significance has been Nationwide and
is in part the basis for the two most
recent decisions to be reached by
the justices who constitute the high
est judicial branch of our Govern
ment. Tocay, law students all over
our land, at some time during their
studies discuss the salient features OF
the case Of Marbury VS.. Madison.
William Marbury was the grandson
of the English emigrant, Francis
Ferdinand Marbury, who came to
MARYLAND in 1850, and settled near
Annapolis. From Annapolis. William
Marbury came to Washington during
President Adams administration to
act as aide to Secretary OF Navy
Stoddert. In this capacity we read
of him advertising ''for ship timber
for 74-gun ship to be built at
the Navy Yard, Washington"
Garden Extended to River.
From Gen. Uriah Forest, who was
moving to Rosedale, his country es-
tate (now the residence of Mrs. Avery
Coonley in Cleveland Park) William
Marbury acquired the property at $3.50
M street, situated to the east OF the
Key Bridge. Its garden then ex-
tended down to the Potomac's edge, SO
Miss Marbury tells us.
Just prior to the conclusion Of his
term of Office, President Adams ap-
pointed Mr.. Marbury justice OF the
peace for the District Of Columbia
His nomination was not only con-
firmed by the Senate, but his COM
mission was executed and signed by
President Adams with the seal Of the
United States. It lacked only Its
delivery into Mr.. Marbury's hands
when Thomas Jefferson succeeded
President Adams in office.
Declaring that the appointment was
incomplete because it had not been
received by Mr.. Marbury during his
predecessors term In the White House,
President jefferson attempted to re-
woke 1t. This move on the part OF
the Chief Executive caused Mr.. Mar
bury, who might have gone peace
fully down the years to a ripe old
age without special comment OF any
kind. to become famous for all time
In the legal history of his country.
Gets Mandamus Writ.
As might be supposed from twen-
tieth century glance at Sully's ad-
mirable portrait, William Marbury,
caring very little about the presi-
dental appointment as such, stood
stanchly upon what he conceived to
be his constitutional rights. He moved
at once for a writ of mandamus
recurring James Madison, President
Jefferson's Secretary Of State, to de-
liver into his hands his commission
as justice of the peace.
This was done on the ground that
an act of Congress authorized the
highest tribunal in the land to issue
writs of mandamus in cases warranted
by the principles and usages OF law
to any courts appointed by or persons
holding office under the authority OF
the United States"
AS Henry Ridgely so well puts the
issue in "Old Georgetown on the
Potomac" where he quotes from Ma
eruder on John Marshall, two ques-
lions were at. stake: zone, whether
the authority thus given to the Supreme
Court by the said act to issue writs
OF mandamus to public officers was
warranted by the Constitution. Two,
II not, whether the court was COM
petent to declare void the act which
undertook to confer the authority" +"
We are further told that 'the court
first considered whether Mr.. Marbury
had a right to the commission which
he claimed, and they decided that
he had: that an appointment is COM
plete when the commission is signed
by the President and when the seal
Of the United States has been affixed
to it. and that to Withhold such COM
mission from an officer not removable
at the will of the Executive Is violating
Q vested legal right"
Court Overrides Views.
President Jefferson naturally took
the ground that the validity Of q
commission like that of a deed de-
pends upon its delivery. THE court
thought otherwise, but also held that
they had no cognizance Of the case