马伯里诉麦迪逊英文版marbury-v-madison.doc
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1、U.S. Supreme CourtMARBURY v. MADISON, 5 U.S. 137 (1803)5 U.S. 137 (Cranch)WILLIAM MARBURYv.JAMES MADISON, Secretary of State of the United States.February Term, 1803AT the December term 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper, by their counsel 5 U.S. 137, 138 s
2、everally moved the court for a rule to James Madison, secretary of state of the United States, to show cause why a mandamus should not issue commanding him to cause to be delivered to them respectively their several commissions as justices of the peace in the district of Columbia. This motion was su
3、pported by affidavits of the following facts: that notice of this motion had been given to Mr. Madison; that Mr. Adams, the late president of the United States, nominated the applicants to the senate for their advice and consent to be appointed justices of the peace of the district of Columbia; that
4、 the senate advised and consented to the appointments; that commissions in due form were signed by the said president appointing them justices, &c. and that the seal of the United States was in due form affixed to the said commissions by the secretary of state; that the applicants have requested Mr.
5、 Madison to deliver them their said commissions, who has not complied with that request; and that their said commissions are withheld from them; that the applicants have made application to Mr. Madison as secretary of state of the United States at his office, for information whether the commissions
6、were signed and sealed as aforesaid; that explicit and satisfactory information has not been given in answer to that inquiry, either by the secretary of state, or any officer in the department of state; that application has been made to the secretary of the senate for a certificate of the nomination
7、 of the applicants, and of the advice and consent of the senate, who has declined giving such a certificate; whereupon a rule was made to show cause on the fourth day of this term. This rule having been duly served- 5 U.S. 137, 139 Mr. Jacob Wagner and Mr. Daniel Brent, who had been summoned to atte
8、nd the court, and were required to give evidence, objected to be sworn, alleging that they were clerks in the department of state, and not bound to disclose any facts relating to the business or transactions of the office. The court ordered the witnesses to be sworn, and their answers taken in writi
9、ng; but informed them that when the questions were asked they might state their objections to answering each particular question, if they had any. Mr. Lincoln, who had been the acting secretary of state, when the circumstances stated in the affidavits occurred, was called upon to give testimony. He
10、objected to answering. The questions were put in writing. The court said there was nothing confidential required to be disclosed. If there had been, he was not obliged to answer it, and if he thought any thing was communicated to him confidentially he was not bound to disclose, nor was he obliged to
11、 state any thing which would criminate himself. The questions argued by the counsel for the relators were, 1. Whether the supreme court can award the writ of mandamus in any case. 2. Whether it will lie to a secretary of state, in any case whatever. 3. Whether in the present case the court may award
12、 a mandamus to James Madison, secretary of state. 5 U.S. 137, 153 Mr. Chief Justice MARSHALL delivered the opinion of the court. At the last term, on the affidavits then read and filed with the clerk, a rule was granted in this case, requiring the secretary of state to show cause why a mandamus 5 U.
13、S. 137, 154 should not issue, directing him to deliver to William Marbury his commission as a justice of the peace for the county of Washington, in the district of Columbia. No cause has been shown, and the present motion is for a mandamus. The peculiar delicacy of this case, the novelty of some of
14、its circumstances, and the real difficulty attending the points which occur in it, require a complete exposition of the principles on which the opinion to be given by the court is founded. These principles have been, on the side of the applicant, very ably argued at the bar. In rendering the opinion
15、 of the court, there will be some departure in form, though not in substance, from the points stated in that argument. In the order in which the court has viewed this subject, the following questions have been considered and decided. 1. Has the applicant a right to the commission he demands? 2. If h
16、e has a right, and that right has been violated, do the laws of his country afford him a remedy? 3. If they do afford him a remedy, is it a mandamus issuing from this court? The first object of inquiry is, 1. Has the applicant a right to the commission he demands? His right originates in an act of c
17、ongress passed in February 1801, concerning the district of Columbia. After dividing the district into two counties, the eleventh section of this law enacts, that there shall be appointed in and for each of the said counties, such number of discreet persons to be justices of the peace as the preside
18、nt of the United States shall, from time to time, think expedient, to continue in office for five years. 5 U.S. 137, 155 It appears from the affidavits, that in compliance with this law, a commission for William Marbury as a justice of peace for the county of Washington was signed by John Adams, the
19、n president of the United States; after which the seal of the United States was affixed to it; but the commission has never reached the person for whom it was made out. In order to determine whether he is entitled to this commission, it becomes necessary to inquire whether he has been appointed to t
20、he office. For if he has been appointed, the law continues him in office for five years, and he is entitled to the possession of those evidences of office, which, being completed, became his property. The second section of the second article of the constitution declares, the president shall nominate
21、, and, by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, and all other officers of the United States, whose appointments are not otherwise provided for. The third section declares, that he shall commission all the officers of the United
22、States. An act of congress directs the secretary of state to keep the seal of the United States, to make out and record, and affix the said seal to all civil commissions to officers of the United States to be appointed by the president, by and with the consent of the senate, or by the president alon
23、e; provided that the said seal shall not be affixed to any commission before the same shall have been signed by the president of the United States. These are the clauses of the constitution and laws of the United States, which affect this part of the case. They seem to contemplate three distinct ope
24、rations: 1. The nomination. This is the sole act of the president, and is completely voluntary. 2. The appointment. This is also the act of the president, and is also a voluntary act, though it can only be performed by and with the advice and consent of the senate. 5 U.S. 137, 156 3. The commission.
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