Marbury vs. Madison (1803) As his final presidential act, John Adams appointed 42 new Justices of the Peace, the appointments were officially certified by Marshall, then Secretary of State, but all of them were not delivered before Jefferson took office.Jefferson then directed Madison, the new Secretary of State, not to deliver the remaining commissions. Marbury was one of those who did not receive a commission. He filed a suit with the Supreme Court, (under the provisions of the 1789 Judiciary Act,) asking for a writ of mandamus (we command) to force Madison to deliver the commission. Did Mar