Governor of Pennsylvania to place guards over The
William; he issued an Executive order that prizes
taken by French privateers in violation of neutrality
and brought into oiu* ports should be restored to their
owners; and to Genet *s protest at this action he replied,
through Jeflferson as Secretary of State, that "an appeal
to the Court of last resort" would decide the question
finally.^ Meanwhile, in order to avoid further delay,
Washington took the radical step of causing a letter to
be sent by Jeflferson, addressed to Chief Justice Jay,
and asking the Judges of the Supreme Court whether
the President might seek their advice on questions of
law:
The war which has taken place among the powers of Europe produces frequent transactions within our ports and limits, on which questions arise of considerable diffi- culty, and of greater importance to the peace of the United States. These questions depend for their solution on the construction of our treaties, on the laws of nature and na- tions, and on the laws of the land, and are often presented under circumstances which do not give a cognizance of them to the tribunals of the coimtry. Yet their decision is so little analogous to the ordinary functions of the Executive as to occasion much embarrassment and difficulty to them. The President would, therefore, be much relieved if he found himself free to refer questions of this description to the opinions of the Judges of the Supreme Court of the
1 See National OazeUe, June 22, 28, 1798, publishing Judge Peters* decision in full ; see Oeneral Advertiser, July 2, 1798, for long letter as to the President's ac- tion ; see also American Daily Advertiser, Aug. 5, 1798 ; and as to restoration of prizes, see Connecticut Journal, Aug. 28, Sept. 4, 1798; Massachusetts Mercury, S^t 17, 1793.
Writing to Jefferson for his opinion, July 11, 1798, Washington said : *' What is to be done in the case of the Little 8ar<Ui now at Chester? Is the Minister of the French Republic to set the acts of this Government at defiance with impunity ? And then threaten the executive with an appeal to the people? What must Uie world think of such conduct, and of the Government of the United States in sub- mitting to it?" Washington, X, 855; HamiUon, X, letter to Rufus King, Aug. 18, 1798. See also Oeneral Advertiser, July 22, 1798, for interesting letter from "Metellus to Juba*' regarding the Little Sarah,
