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John Marshall simultaneously held the office of Chief Justice of the United States (Supreme Court) and Secretary of State under President Adams.

Marshall was sworn in as Chief Justice on January 31, 1801, but Adams asked him to remain in office as Secretary of State until the President's administration ended on March 4, 1801.

The disputed nominations for justice of the peace were made in the days following Congress' passage of "An Act concerning the District of Columbia" (aka Organic Act of 1801) on February 27, 1801, which authorized then-President Adams to appoint an unspecified number of justices of the peace to service the District of Columbia area. Adams named 42 loyal Federalists to the five-year posts.

Marshall, as Secretary of State, was responsible for recording the Senate-confirmed appointments and arranging delivery of the commissions; however, he was unable to complete the task before the morning of March 4, 1801, and assumed the incoming Secretary of State, James Madison, would order their delivery as a matter of course.

But Madison was delayed in reaching Washington, and newly inaugurated President Jefferson discovered the undelivered paperwork first. It is assumed he discarded 12 and reassigned 5 of the 42 commissions to members of his own Democratic-Republican party.

William Marbury, and three others whose commissions never arrived, petitioned the Supreme Court for a writ of mandimus (a court order compelling an official to take action) demanding delivery in the famous case Marbury v. Madison, 5 US 137 (1803).

Marshall played a dual role in the case, because he had been responsible for recording and delivering the commissions under his authority as Secretary of State, then presided over the Marbury v. Madison hearing as Chief Justice.

Under ordinary circumstances, a justice would be expect to recuse him- or herself from a case in which he had a conflict of interest; however, this decision has always been left to the justices' discretion. It's unknown whether Marshall would have removed himself under normal circumstances, but in January 1803, two of the five Associate Justices were ill and unable to attend the first Term 1803. If Marshall hadn't participated, the Court would have lacked a quorum and the case been delayed for at least another half-year.

For more information, see Related Questions, below.

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Q: What offices did John Marshall hold at the time President Adams first appointed Marbury justice of peace?
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Continue Learning about American Government

Who was the supreme court justice for the Marbury vs Madison case?

Fourth Chief Justice John Marshall presided over the Court in 1803, when the case was finally allowed to go to trial. Chief Justice Marshall authored the opinion of the Court for Marbury v. Madison, 5 US 137 (1803). Marbury v. Madison is the case most often cited when discussing the origin of judicial review.For more information about Marbury v. Madison, see Related Links, below.


Why should Chief Justice John Marshall have removed himself from the Marbury v. Madison case?

Marbury v. Madison, 5 US 137 (1803)Chief Justice Marshall should have recused himself for conflict-of-interest because he was President Adams' Secretary of State, and responsible for recording and sealing Marbury's appointment, and for arranging delivery of the justice of the peace commissions withheld by the new Jefferson administration, and being contested in Marbury v. Madison.For more information, see Related Questions, below.


How old was the youngest Chief Justice of the United States when he was appointed?

Chief Justice John Marshall was only 45 years old when President Adams appointed him to the US Supreme Court in 1801. Marshall served on the Court until his death in 1835, making him not only the youngest, but the longest-serving Chief Justice in US history.


Federalism under marshall court?

Federalism had a strong-hold under Marshall Court. John Marshall, a Federalist, was the 4th Chief Justice of the Supreme Court.


Who was the US Supreme Court Chief Justice during and after the War of 1812?

Chief Justice John Marshall presided over the US Supreme Court during the War of 1812.President Adams appointed John Marshall in 1801; he served until his death in 1835.

Related questions

Which Chief Justice was appointed by John Adam?

President John Adams appointed Chief Justice John Marshall in 1801.


What was the Chief Justice Marshall's decision in the case of Marbury v.Madison?

The Court through Chief Justice Marshall unanimously decided not to require Madison to deliver the commission to Marbury.


Who was the supreme court justice for the Marbury vs Madison case?

Fourth Chief Justice John Marshall presided over the Court in 1803, when the case was finally allowed to go to trial. Chief Justice Marshall authored the opinion of the Court for Marbury v. Madison, 5 US 137 (1803). Marbury v. Madison is the case most often cited when discussing the origin of judicial review.For more information about Marbury v. Madison, see Related Links, below.


Who was the first African American U.S supreme court justice?

Thurgood Marshall


The president named this person to be the first black to hold a seat on the supreme court?

Thurgood Marshall. He was appointed in 1967 by President Lyndon Johnson.


What is the appointment of Thurgood Marshall?

Thurgood Marshall was appointed by President John F. Kennedy to be a judge on the US Court of Appeals for the Second Circuit. After that, he was appointed to be the 32nd US Solicitor General by Lyndon B. Johnson. President Johnson later appointed him to the position of Associate Justice of the Supreme Court.


What did chief justice Marshall's landmark decision to the power of federal government?

Chief Justice Marshall is best known for his opinion in Marbury v. Madison, (1803).


Why should Chief Justice John Marshall have removed himself from the Marbury v. Madison case?

Marbury v. Madison, 5 US 137 (1803)Chief Justice Marshall should have recused himself for conflict-of-interest because he was President Adams' Secretary of State, and responsible for recording and sealing Marbury's appointment, and for arranging delivery of the justice of the peace commissions withheld by the new Jefferson administration, and being contested in Marbury v. Madison.For more information, see Related Questions, below.


What are the names of twelve African-Americans who are still alive and have served on the US Supreme Court?

There have only been two African-Americans on the US Supreme Court so far. The first, Justice Thurgood Marshall, was appointed by President Lyndon Johnson in 1967 and retired in 1991. Justice Marshall died in 1993. The second, Justice Clarence Thomas, was appointed by President Ronald Reagan to succeed Justice Marshall in 1991, and remains on the Court today.


Who took Thurgood Marshall's place in the American supreme court?

President George HW Bush appointed Justice Clarence Thomas to the US Supreme Court with Justice Thurgood Marshall retired in 1991.


Was Clarence Thomas the second or third African-American US Supreme Court justice?

Justice Clarence Thomas is only the second of two African-American justices to sit on the US Supreme Court. President Johnson appointed Justice Thurgood Marshall as the first African-American on the Court in 1967. President George H W Bush appointed Clarence Thomas as Thurgood Marshall's successor when Marshall retired in 1991.


How old was the youngest Chief Justice of the United States when he was appointed?

Chief Justice John Marshall was only 45 years old when President Adams appointed him to the US Supreme Court in 1801. Marshall served on the Court until his death in 1835, making him not only the youngest, but the longest-serving Chief Justice in US history.