What evidence was presented to the Court in Marbury v. Madison?

Answer 1

Marbury v. Madison, 5 US 137 (1803)

The only evidence presented to the Court was testimony from witnesses, including a signed affidavit from Chief Justice Marshall's brother, who claimed a riot in a nearby town prevented him from delivering the commissions as planned.

The plaintiffs' (Marbury, et al.) attorney, Charles Lee, subpoenaed Jacob Wagner and Daniel Brent, Clerks of the US Department of State. They testified that they were unsure as to which commissions were signed and sealed.

Lee also subpoenaed Jefferson's Attorney General, Levi Lincoln, who had been acting Secretary of State for a few days before Madison took office. Lincoln, not Madison, had been in office at the time the justice of the peace commissions disappeared.

Lincoln objected to testifying on the constitutional grounds of Executive Privilege and Fifth Amendment protection, but Marshall assured him he wouldn't have to reveal anything confidential or self-incriminating. Lincoln asked for a set of written questions, which he took home to consider overnight.

The next day, Lincoln took the stand and responded to limited interrogatory about the status of the missing commissions. Lincoln claimed he did not know whether Madison had ever taken possession of the paperwork, and did not know what had become of it. He acknowledged having seen signed and sealed appointments, but could not recall whether the plaintiffs' names were among them, and did not know, but did not believe, they had been delivered.

James Markham Marshall, Chief Justice Marshall's brother, submitted an affidavit through attorney Lee claiming he had taken approximately twelve commissions on March 4, 1801, with the intention of delivering them, but was told riots had broken out in an area to which he was traveling and returned an unknown number to the Secretary of State's office. James claimed to have a signed receipt for the returned papers, but none was produced in court. James Marshall's affidavit was read into the record; he did not give direct testimony.

There is no evidence James Marshall had been at the State Department on March 4, but Jefferson refused to provide counsel for Madison's defense (the Executive branch ignored the case), so the issue was unexplored; however, historians question the veracity of the younger Marshall's claims.

There were no witnesses for the defense.

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