The Correspondence of Thomas Jefferson
By Subject
FOREIGN RELATIONS / TREATIES
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 United States. These questions depend for their solution
on the construction of our treaties, on the laws of nature and
nations, 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 country. 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
United States, whose knowledge of the subject would secure us against
errors dangerous to the peace of the United States, and their
authority insure the respect of all parties. He has therefore asked
the attendance of such 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.
to the Chief Justice and Judges of the Supreme Court of the
U.S., 18 July 1793
|