Thomas Jefferson to the Justices of the Supreme Court, 18 July 1793
Thomas Jefferson to the Justices of the Supreme Court
Philadelphia July 18. 1793.
Gentlemen
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 difficulty, and of greater importance to the peace of the US. these questions1 depend for their solution on the construction of our treaties, on the laws of nature & nations, & on the laws of the land; and are ^often^ presented under circumstances which do not give a cognisance of them to the tribunals of the country. yet their decision is so little analagous to the ordinary functions of the Executive, as to occasion much embarrasment 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 US. whose knolege of the subject would secure us against errors dangerous to the peace of the US. and their authority ensure the respect of all parties. He has therefore asked the attendance of such of the judges as could be collected in time for the occasion, to know, in the first place, their opinion, whether the public may, with propriety, be availed of their advice on these questions? and if they may, to present, for their advice, the abstract questions which have already occurred, or may soon occur, from which they will themselves strike out such as any circumstances might, in their opinion, forbid them to pronounce on.2 I have the honor to be with sentiments of the most perfect respect Gentlemen Your most obedt & most humble servt
Th: Jefferson
The Chief Justice, & Judges of the Supreme court of the US.
ALS (RC), NNC (EJ: 06654). Endorsed by JJ. PrC, DLC: Jefferson; first page only, with abbreviated complimentary close added in ink (EJ: 10219). LbkC, , 5: 204–5. , 6: 747.
1. See the Questions Proposed to be Submitted to the Justices of the Supreme Court, below.
2. The capture of the Little Sarah and Genet’s determination to outfit her as a privateer, on which see , 26: 446–52, gave rise to many additional questions about the force of various treaties and the constitutionality of the Neutrality Proclamation, which TJ and his Virginia associates seriously doubted. For his initial communication with JJ, see TJ to JJ, 12 July, above. For their request for additional time to consider the request, see the Justices of the Supreme Court to GW, 20 July, below, conveyed under cover of a letter to TJ of the same date (, 26: 543). For their final reply, see the Justices to GW, 8 Aug., below.
In a letter earlier on 18 July, GW had informed TJ that JJ and Justice Paterson were in town and that JJ had called on him the previous evening to ask when he would be informed about the questions GW wished the justices to consider. GW also noted that the justices would have to decide whether it would be proper for them to provide their opinions on the matters put before them. See , 13: 242.