William Marbury (1790s)

William Marbury (November 7, 1762[1] – March 13, 1835[2]) was a highly successful American businessman and one of the "Midnight Judges" appointed by United States President John Adams the day before he left office. He was the plaintiff in the landmark 1803 Supreme Court case Marbury v. Madison.

Background

Marbury, son of William and Martha (Marlowe) Marbury, was born November 7, 1762, in Piscataway, Maryland. He spent most of his early life in Maryland around his home.[3]

Career

Marbury became a Georgetown businessman and member of the Federalist Party. 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 in the District of Columbia, on March 3, 1801, the day before he turned his office over to incoming President Thomas Jefferson. Marbury had actively campaigned for Adams (and against Jefferson) in the presidential election of 1800.[4] 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, in the Supreme Court, asking it issue a writ of mandamus to force the Jefferson administration to honor Adams' appointments.[5]

Marbury's suit led to the Supreme Court case Marbury v. Madison, which utilized the power of Judicial review in its decision.[6] Supreme Court Chief Justice John Marshall did not offer Marbury a legal remedy. 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.

Whilst the case also held that President Adams' signed commissioned in itself "vested a legal right" - that is, legal title - as a Justice of the Peace (implying he was entitled to pay from that date), Marbury never actually exercised that judicial office. Rather he continued a successful career in finance (banking and securities trading).[7] [8]

Personal life

Marbury died on March 13, 1835. He was buried at Oak Hill Cemetery in Washington, D.C.[9]

Legacy

Marbury's former home in Georgetown is now known as "Forrest-Marbury House" and serves as the Ukrainian Embassy to the United States.[10] Chief Justice Warren Burger 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".[11]

Descendants include William L. Marbury, Jr. (1901–1988) of Baltimore, Maryland.[12]

See also

References

  1. ↑ David F. Forte, Marbury's Travail: Federalist Politics and William Marbury's Appointment as Justice of the Peace, Catholic University Law Review, p. 355 Vol 45:349.
  2. ↑ "John Marshall and International Law: Statesman and Chief Justice by Frances Howell Rudko". Archived from the original on 2008-09-27. Retrieved 2017-09-18.
  3. ↑ Forte, David F., "Who was William Marbury?" (2003). Law Faculty Articles and Essays. 66. https://engagedscholarship.csuohio.edu/fac_articles/66
  4. ↑ David F. Forte, Marbury's Travail: Federalist Politics and William Marbury's Appointment as Justice of the Peace, Catholic University Law Review, p. 402 Vol 45:349.
  5. ↑ The Marbury Mystery: Why Did William Marbury Sue in the Supreme Court?
  6. ↑ Treanor, "Judicial Review Before Marbury", 58 Stanford Law Review, p. 458.
  7. ↑ Whatever happened to William Marbury?
  8. ↑ Who Was William Marbury?
  9. ↑ "Oak Hill Cemetery, Georgetown, D.C. (North Hill) - Lot 323" (PDF). Oak Hill Cemetery. Archived (PDF) from the original on 2022-03-02. Retrieved 2022-08-17.
  10. ↑ History of Forrest-Marbury House on the Ukrainian Embassy website.
  11. ↑ David F. Forte, Marbury's Travail: Federalist Politics and William Marbury's Appointment as Justice of the Peace, Catholic University Law Review, p. 350 Vol 45:349.
  12. ↑ Smith, Richard Norton (1988). The Harvard Century: The Making of a University to a Nation. Harvard University Press. pp. 173–174 (descent), 179–180, 186, 195, 196, 246. ISBN 9780674372955. Retrieved 2 October 2017.
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