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Trick question. The test answer is probably "William Marbury's commission." The flaw in the question is that Jefferson's Secretary of State, James Madison, hadn't yet arrived in Washington when a portion of the justice-of-the-peace commissions disappeared.

It is unknown who, exactly, disposed of approximately half of the paperwork for the 42 men former President Adams appointed justice-of-the-peace under the Organic Act of 1801, because Chief Justice Marshall deliberately avoided asking that question during the Marbury v. Madison trial.

Levi Lincoln, US Attorney General under Thomas Jefferson, temporarily served as Secretary of State before Madison arrived; however, he claimed not to know what had become of the commissions. Thomas Jefferson may have discarded them himself, or may have ordered one of the office clerks to destroy them. The papers were never seen again, and their fate is lost to history.

On thing is clear, however: Thomas Jefferson never ordered James Madison not to deliver the commissions; the incident occurred before Madison took office.

Case Citation:

Marbury v. Madison, 5 US 137 (1803)

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