Page:The Supreme Court in United States History vol 1.djvu/230

202 and accordingly instituted petitions for mandamus. The proceedings, which took place in Court on Decem- ber 21, 1801, when Charles Lee (formerly Attorney- General under Adams) presented his preliminary mo- tion for a rule to show cause, were described in lively fashion from the Republican point of view by the Washington correspondent of the Aurora: ^ "Mr. Lee entered very largely into a definition of the powers of the Court, and of the nature of mandamus which he described as a species of appeal to a superior for redress of wrong done by an inferior authority. The Chief Justice (J. Marshall, the ci-devant XYZ ambassador) asked if the Attorney-General was in Court, and had anything to oflfer. Mr. Lincoln (Attorney-General) replied that he had no instructions on the subject. The Secretary of State had received notice on the pre- ceding day, but he could not in the interval have turned his attention eflfectually to the subject. He would leave the proceedings under the discretion of the Court. The Chief Justice, after consultation, found none of the Bench ready but Judge Chase (the same who presided and decided in Mr. Cooper's case) who said if the attorney (Mr. Lee) would explain the extent of his evidence and lay it before the Court in form, he would give his opinion instantly. Some conversa-

^ Auron, Dec. 22, 1801. A detailed account of the institution of Marbury ▼. Madison was published in all the leading Federalist papers, stating the facts aa follows : "From the press of business which is usual at the close of every session of Congress and which a variety of causes made particularly so at the last session, the attention of the Secretary and the clerks was engaged by more important con- cerns, the commissions were neglected for several days and were at length abandoned to the honor and integrity of the new Administration. The appointments were in the meanwhile published in the papers. It is said that it was among the first acts of the new President to stop the issuing of all commissions from the office. We forbear making any remarks or entering more into detail, until the Supreme Court have acceded to the above motion which it is expected will be today." New York Evening Post^ Dec. 23, 1801 ; Connecticut Courant, Jan. 4, 1802. The Column hian Centinel, in Boston, April 2, 1801, attacked Jefferson for his "impudence" in illegally detaining the commissions.