Jordan Lee
Attorney- Sir Valiant Lee
Franklintown 1780-1860                 

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Portrait of Sir Valiant Lee from the early 1830's.

 

 

A young lawyer’s memoir was found a few weeks ago in the attic of one of Franklintown’s largest estates. His name was Sir Valiant Lee a prestigious young black Lawyer who was born and raise in England then came with his family to the New Republic. He handled large cases such as Marbury vs. Madison dealing with constitutional issues. The writ of mandamus constitutional implies that all parties in a business are entitled to receive pay or money back from loans.¹ This was the grounds for the Marbury vs. Madison case.

            In 1803 the case between Marbury and Madison was brought to court.² The judge John Marshall heard both sides of the story and how Madison was due his pay from Marbury and Thomas Jefferson. Madison used the writ of mandamus to prove his case, his analysis of the writ and of the situation were excellent but the judge ruled in favor of Jefferson and Marbury. The stated the constitution said the Madison should receive his pay but that his decision was for the defendants.

            This was the first ruling proving that the court could prove a constitutional act void and extraneous. Another prime example of this situation was the abolition of slavery. The constitution says that slavery was to be abolished and that it would become illegal and the all slave owners found still keeping slaves would be tried on the Supreme court level. Many freedom fighters such as Fredrick Douglass tried to get slave owners for abuse of slaves but the judge ruled in favor of the slave owners again proving that the court could find a constitutional act unjust and void.

            The judge ruled that Section 13 of the writ was unjust. Some believe that the judge ruled in favor of Marbury was because Thomas Jefferson one of the forefathers of our country was sided with Marbury.³ This again proves a point, are trials always fair. When the colonists our ancestors had arrived from England their trials were held in British courts and the jury and prosecution were British, you many begin to question the credibility of our court system. Still the judges verdict was final and he had ruled that the writ of mandamus specifically Section 13 was unconstitutional.

            Marbury and Jefferson were triumphant in the courtroom and Madison had lost. The judge John Marshall had ruled in favor of Marbury. Madison did not receive his pay and Marbury escaping with no fees to continue on in the government with Jefferson. The memoir discusses the case in depth and evaluates every nook and cranny of the writ of mandamus.        

                                                                                     

1 The writ of mandamus implies that all parties in a loan or transfer of money are eventually due pay and this is why Madison took Marbury to court.

2 This case actually did take place and the result of the hearing was Marbury walking free without paying

3 This judge for the Marbury vs. Madison case was believed to have been swayed by Jefferson’s power in our country