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THBThe Universal Gazette, Washington, DC, Regarding Landmark US Supreme Court Case, "Marbury vs. Madison", 1801
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LiveJun 9, 2017 - Jun 10, 2017
Cowan's Auctions dawnie@cowans.com
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- Lot Description
The Universal Gazette, Washington, DC, December 24, 1801. 4pp, 12 x 19.5 in. Featuring inside page headline, Supreme Court of the United States, with the particulars of the famous judicial case that would come to be known as "Marbury vs. Madison." This article represents the beginning of the case being reviewed by the US Supreme Court, which ended in 1803 with the Marbury vs. Madison decision.
This landmark Supreme Court case formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The decision helped define the boundary between the constitutionally separate Executive and Judicial branches of the US Government. The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed Justice of the Peace in the District of Columbia by President John Adams but whose commission was not subsequently delivered. He petitioned the Supreme Court to force the new Secretary of State, James Madison, to deliver the documents. With John Marshall as Chief Justice, the Court found that Madison's refusal to deliver the commission was illegal and correctable. Nevertheless, the Court stopped short of ordering Madison to hand over Marbury's commission. Instead, it held that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional because it purported to extend the Court's original jurisdiction beyond that which Article III established. The petition was subsequently denied.
Some light staining to newspaper, plus light spots scattered throughout pages. Diagonal stain line extending through page 3-4. Some wear along perimeter, including short tears, few chips, creases along edges. Partially separated along fold. Previous owner inked identification, penciled notes in top right corner of front page. Light horizontal and vertical folds.Condition
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