The questions argued by the counsel for the relators were, 1. If there had been, he was not obliged to answer it, and if he thought any thing was communicated to him confidentially he was not bound to disclose, nor was he obliged to state any thing which would criminate himself. The court said there was nothing confidential required to be disclosed. Lincoln, who had been the acting secretary of state, when the circumstances stated in the affidavits occurred, was called upon to give testimony. The court ordered the witnesses to be sworn, and their answers taken in writing but informed them that when the questions were asked they might state their objections to answering each particular question, if they had any.
Daniel Brent, who had been summoned to attend the court, and were required to give evidence, objected to be sworn, alleging that they were clerks in the department of state, and not bound to disclose any facts relating to the business or transactions of the office.
Madison as secretary of state of the United States at his office, for information whether the commissions were signed and sealed as aforesaid that explicit and satisfactory information has not been given in answer to that inquiry, either by the secretary of state, or any officer in the department of state that application has been made to the secretary of the senate for a certificate of the nomination of the applicants, and of the advice and consent of the senate, who has declined giving such a certificate whereupon a rule was made to show cause on the fourth day of this term. Madison to deliver them their said commissions, who has not complied with that request and that their said commissions are withheld from them that the applicants have made application to Mr. and that the seal of the United States was in due form affixed to the said commissions by the secretary of state that the applicants have requested Mr.
Adams, the late president of the United States, nominated the applicants to the senate for their advice and consent to be appointed justices of the peace of the district of Columbia that the senate advised and consented to the appointments that commissions in due form were signed by the said president appointing them justices, &c.
This motion was supported by affidavits of the following facts: that notice of this motion had been given to Mr. AT the December term 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper, by their counsel severally moved the court for a rule to James Madison, secretary of state of the United States, to show cause why a mandamus should not issue commanding him to cause to be delivered to them respectively their several commissions as justices of the peace in the district of Columbia.
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