1434. COMMISSIONS, Adams's Midnight.—
Among the midnight appointments of Mr. Adams were commissions to some federal
justices of the peace for Alexandria. These
were signed and sealed by him but not delivered.
I found them on the table of the
department of State, on my entrance into
office, and I forbade their delivery. Marbury,
named in one of them, applied to the Supreme
Court for a mandamus to the Secretary
of State (Mr. Madison) to deliver the commission
intended for him. The Court determined
at once that, being an original process,
they had no cognizance of it; and, therefore,
the question before them was ended. But the
Chief Justice went on to lay down what the
law would be, had they jurisdiction of the
case, to wit: that they should command the
delivery. The object was clearly to instruct
any other court, having the jurisdiction, what
they should do if Marbury should apply to
them.—
To William Johnson. Washington ed. vii, 295.
Ford ed., x, 230.
(M.
1823)
