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 …showed first 75 words of 1056 total…

…showed last 75 words of 1056 total…signed and sealed, and is withheld from the person entitled to it, an action of detinue for the commission against the secretary of state who refuses to deliver it, is not the proper remedy; as the judgment in detinue is for the thing itself, or its value. The value of a public office, not to be sold, is incapable of being ascertained. It is a plain case for a mandamus, either to deliver the commission,