Page:The Supreme Court in United States History vol 1.djvu/131

Rh The only other case decided at this February, 1794, Term, Glass v. Sloop Betsy ^ was one of supreme impor- tance in the early history of the country ; for it called for a judicial decision vital to the maintenance of the policy of neutrality — a policy which the Government had adopted as the only safe course amidst the inter- national complications and internal party dissensions then darkening the pathway of the young Nation. "It is very necessary for us to keep clear of the Euro- pean combustion, if they will let us,'" Jefferson had written in May, 1793. "This summer is of immense importance to the future condition of mankind all over the earth, and not a little so to ours." * The new doc- trines of President Washington's famous Neutrality Proclamation of April 22, 1793 — that great State paper which is now regarded by international law writers as the foundation of the law of neutrality — were at that time the subject of heated opposition; the country was sharply divided into pro-British and pro-French factions, each of which looked with equa- nimity on breaches of oiu* neutrality by the belliger- ents; the new French Minister, Genet, relying on American sympathy, was engaged in fitting out pri- vateers in oiu* ports and setting up Prize Courts here for the condemnation of vessels captured by such priva- teers ; State Judges and other officials were in hearty sympathy with Genet's activities ; and there were no Federal statutes in existence dealing with the subject. In consequence of these conditions, the problem of the enforcement of the Neutrality Proclamation was a diffi- cult one, unless the Federal Coiuls should decide that

In Pennsylvania v. Wheeling, etc. Bridge Co., How. 647 (1850)» Daniels, J., diss., expressed an opinion that the case should go to a jury; the case was a bill in equity brought by the State of Pennsylvania, and the Court referred it to a Commissioner to find the facts.

^ Harry Innee Papers MSS, letter of Jefferson to Innes, May 9S, 1798.