Marbury vs. Madison

This motion was supported by affidavits of the following facts:
that notice of this motion had been given to Mr. Madison;
that 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. 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. 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. Madison as secretary of state of the United States at his office, for information whether the commissions were signed and sealed as aforesaid.
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