equipped for service as a French man-of-war, Governor Mifflin of
Pennsylvania gave orders that the vessel should be detained. Genet
threatened forcible resistance, and a clash might have occurred, had
Jefferson not intervened. He went to Genet's house on Sunday to persuade
him not to move the vessel until the President could decide the case.
Genet refused to give any promise, but remarked that the vessel would
probably not be ready to depart for several days. Jefferson thereupon
exerted himself successfully to prevent the taking of any steps to detain
the vessel.

Washington, harassed and confused by the dissensions of his Cabinet, now
desired that the advice of the justices of the Supreme Court be taken.
Hamilton was opposed to a proceeding which involved prejudgment by the
Court on questions which might come before it in due course of law, and
which seemed to him also to be an avoidance of the proper responsibility
of the executive. Nevertheless he took part in preparing the case, and of
the twenty-nine questions submitted to the Supreme Court, Hamilton framed
twenty-one, Jefferson seven, and Washington himself the last. Jefferson
notified Genet of this consultation as an additional reason for patience,
"the object of it being to obtain the best advice possible on the sense of
the laws and treaties respecting the several cases. I am persuaded you
will think the delay well compensated." Genet did not think so, and _Le
Petit Démocrate_ put to sea in defiance of American authority.

The justices declined to answer the questions, and the Administration had
to face its responsibilities on its own judgment of its rights and duties.
At least one member of the Administration had clear and positive ideas on
that subject. Hamilton, who in his "Pacificus" letters had given a
masterly exposition of international obligations, now took up the
particular issues raised by Genet's claims, which at that time were