William Marbury (November 7, 1762 – March 13, 1835) was a highly successful

American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...

businessman and one of the "

Midnight Judges The Midnight Judges Act (also known as the Judiciary Act of 1801; , and officially An act to provide for the more convenient organization of the Courts of the United States) represented an effort to solve an issue in the U.S. Supreme Court during t ...

" appointed by United States President

John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...

the day before he left office. He was the plaintiff in the

landmark A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances. In modern use, the term can also be applied to smaller structures or f ...

1803

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

case ''

Marbury v. Madison ''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a List of landmark court decisions in the United States, landmark Supreme Court of the United States, U.S. Supreme Court case that established the principle of Judicial review in the Uni ...

''.

Background

Marbury, son of William and Martha (Marlowe) Marbury, was born November 7, 1762 in

Piscataway, Maryland __NOTOC__ Piscataway is an unincorporated community in Prince George's County, Maryland, United States. It is one of the oldest European-colonized communities in the state. The Piscataway Creek provided sea transportation for export of tobacco ...

. He spent most of his early life in Maryland around his home.

Career

Marbury became a Georgetown businessman and member of the

Federalist Party The Federalist Party was a Conservatism in the United States, conservative political party which was the first political party in the United States. As such, under Alexander Hamilton, it dominated the national government from 1789 to 1801. De ...

. In an effort to prevent the incoming party from dismantling his Federalist Party-dominated government, Adams issued 42 judicial appointments, including Marbury's as

Justice of the Peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...

in the

District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

, on March 3, 1801, the day before he turned his government over to incoming President

Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...

. Marbury had actively campaigned for Adams (and against Jefferson) in the presidential election of 1800. Jefferson refused to honor Adams' appointments on the grounds that Adams' paperwork had not been delivered to the proper offices before the change of administration had taken place. Marbury then sued Jefferson's secretary of state,

James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for hi ...

, in the Supreme Court, asking it issue a

writ of mandamus (; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from ...

to force the Jefferson administration to honor Adams' appointments. Marbury's suit led to the Supreme Court case ''

Marbury v Madison ''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes t ...

'', which utilized the power of

Judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...

in its decision. Supreme Court Chief Justice

John Marshall John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longes ...

didn't offer Marbury a

legal remedy A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its ...

. Marshall's two-pronged decision averred that while the Court did not have the authority to issue the writ Marbury had requested, it did have the authority to review the constitutionality of actions of the federal executive and legislative branches of government, including those of the Adams and Jefferson administrations. Marbury never held a judicial office but had a successful career as a banker.

Personal life

Marbury died on March 13, 1835. He was buried at Oak Hill Cemetery in

Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

Legacy

Marbury's former home in Georgetown is now known as "

Forrest-Marbury House The Forrest-Marbury House, located at 3350 M Street NW in Georgetown, Washington, D.C., and is not far from the Francis Scott Key Bridge over the Potomac River. It was the site of a March 29, 1791, meeting between President George Washington ...

" and serves as the Ukrainian Embassy to the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

. Chief Justice

Warren Burger Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul Colleg ...

placed portraits of William Marbury and James Madison in the small dining room of the Supreme Court, and designated the room "the John Marshall room". Descendants include

William L. Marbury, Jr. William Luke Marbury Jr. (September 12, 1901 – March 5, 1988) was a prominent 20th-century American lawyer who practiced with his family's law firm of Marbury, Miller & Evans (later Piper & Marbury, Piper Marbury Rudnick & Wolfe, Piper Rudnick ...

(1901–1988) of Baltimore, Maryland.

References

External links