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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO THE JUSTICES OF THE SUPREME COURT. - George Washington, The Writings of George Washington, vol. XII (1790-1794) [1891]

Edition used:

The Writings of George Washington, collected and edited by Worthington Chauncey Ford (New York and London: G. P. Putnam’s Sons, 1890). Vol. XII (1790-1794).

Part of: The Writings of George Washington, 14 vols.

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TO THE JUSTICES OF THE SUPREME COURT.

Gentlemen,

The circumstances, which had induced me to ask your counsel on certain legal questions interesting to the public, exist now as they did then; but I by no means press a decision, whereon you wish the advice and participation of your absent brethren. Whenever, therefore, their presence shall enable you to give it with more satisfaction to yourselves, I shall accept it with pleasure. With sentiments of high respect, I am, &c.1

[1 ]“I mentioned to you that we had convened the judges to consult them on the questions which have arisen on the law of nations. They declined being consulted. In England, you know, such questions are referred regularly to the Judge of Admiralty. I asked E. R. if we could not prepare a bill for Congress to appoint a board or some other body of advice for the Executive on such questions. He said he should propose to annex it to his office. In plain language this would be to make him the sole arbiter of the line of conduct for the United States towards foreign nations.”—Jefferson to Madison, 11 August, 1793.