University of Virginia Library

1436. COMMISSIONS, Delivery of.—

In the case of Marbury and Madison, the Federal
judges declared that commissions, signed
and sealed by the President, were valid, although
not delivered. I deemed delivery essential
to complete a deed, which, as long as
it remains in the hands of the party, is yet
no deed, it is in posse only, but not in esse, and I withheld delivery of the commissions.—
To Spencer Roane. Washington ed. vii, 135. Ford ed., x, 142.
(P.F.,,
18191819)gt;