Page:The Supreme Court in United States History vol 1.djvu/226

198 as to the object which was intended by the new Judiciary system?" Another said that "these things are not without their use as they may tend to correct the abuse of justice in the end."

Closely following this attempt of the new Judges appointed by President Adams to enforce a doctrine objectionable to the views of President Jefferson, another episode occurred in September, 1801, which again irritated Jefferson against the Judiciaiy. In the United States Courts in Connecticut, proceedings had been instituted for the condemnation in prize proceedings of an armed French ship, the Schooner Peggy, captured during the hostilities with France in April, 1800. Owing to the fact, however, that the recent treaty, negotiated with that country by Chief Justice Ellsworth and ratified in the closing days of the Adams Administration, contained a provision that captured ships not definitively condemned should be returned to their owners, Jefferson, soon after coming into office, had directed the United States Attorney, Pierpont Edwards, to cause the proceeds of the sale of the schooner, then in the custody of the Clerk of the United States Court, to be paid over to the French claimants. The Clerk had refused to comply and had asked the new Circuit Court to pass an order regarding these proceeds, whereupon (as stated in the newspapers of the day) " Mr. Edwards interposed and read to the Court the order above alluded to, which he had received from the President. Mr. Griswold, who was professionally engaged in this business, observed to the Court that the Constitution and laws had prohibited all appropriations of money by the President; he therefore did not comprehend the principle on which the order of the President was founded and strongly insisted that by law the money in question must be paid into the