Raynor HCA 2013-01
This lot is closed for bidding. Bidding ended on 1/10/2013
Authentic and complete issue of The Tree of Liberty, Pittsburg, January 2, 1802 (misprinted as 1801), 4pp., disbound, VG. From pg 2, "WASHINGTON CITY, Dec. 21. – Supreme Court of the United States. – On Wednesday last, a notice was served on the Secretary of State, informing him that a motion would be made the next day before the supreme court of the United S. for a rule to shew [sic] cause why mandamus should not issue to direct the secretary of state to deliver commissions to certain persons nominated by mr.[sic] Adams to the senate of the United S. and approved of by them, as justices of the peace, in the district of Columbia. The next day, mr. Charles Lee made the motion. He read the affidavit of Wm. Marbury, setting forth that a commission had been made out to him for him to be a justice of the peace, for the county of Washington signed by mr. Adams… which commission had been withheld from him… The court took time to consider the motion; when on Friday, chief justice Marshall delivered the opinion of the court which was for granting the rule, & further assigned the fourth day of next term as the period for shewing [sic] cause why a mandamus should not issue." Interestingly report deals only with the initial complaint – mindless of the historic import this case would ultimately have. The case would not be formally argued before Justice Marshal until 1803 and would have a surprising end. Marshal found against Marbury, not because Madison had acted illegally (he had), but because he found the 1789 Judiciary Act that compelled Madison to deliver the appointment was unconstitutional – striking down the law. By a stroke, Justice John Marshal had established the precedent of judicial review – profoundly transforming the role of the Supreme Court.
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