The only other case decided at this February, 1794, Term, Glass v. Sloop Betsy, was one of supreme importance 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 international complications and internal party dissensions
then darkening the pathway of the young Nation. "It is very necessary for us to keep clear of the European 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.[1] The new doctrines 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 equanimity on breaches of our neutrality by the belligerents; the new French Minister, Genet, relying on
American sympathy, was engaged in fitting out privateers in our ports and setting up Prize Courts here
for the condemnation of vessels captured by such privateers; 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 difficult one, unless the Federal Courts should decide that
- ↑ Harry Innes Papers MSS, letter of Jefferson to Innes, May 28, 1793.
In Pennsylvania v. Wheeling, etc. Bridge Co., 9 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.
