“Are the United States obliged, by good faith, to consider the treaties heretofore made with France as applying to the present situation of the parties?  May they either renounce them, or hold them suspended till the government of France shall be established?”

To the interrogatories framed by Hamilton, Washington added one which presented the point raised by Jefferson—­“Is it necessary or advisable to call together the two Houses of Congress, with a view to the present posture of European affairs?  If it is, what shall be the particular object of such a call?”

The Cabinet met on April 19.  On the question of a proclamation of neutrality Jefferson argued that such a proclamation would be equivalent to a declaration that the United States would not take part in the war, and that this matter did not lie within the power of the Executive, since it was the province of Congress to declare war.  Congress ought therefore to be called to consider the question.  Hamilton, who held that it was both the right and the duty of the President to proclaim neutrality, was strongly opposed to summoning Congress.  In a brief record of the proceedings he remarked that “whether this advice proceeded from a secret wish to involve us in a war, or from a constitutional timidity, certain it is such a step would have been fatal to the peace and tranquillity of America.”  The matter was finally compromised by an unanimous agreement that a proclamation should be issued “forbidding our citizens taking any part in any hostilities on the seas with or against any of the belligerent powers; and warning them against carrying to any such powers any of those articles deemed contraband, according to the modern usage of nations; and enjoining them from all acts and proceedings inconsistent with the duties of a friendly nation toward those at war.”  Jefferson’s scruples having been appeased by avoiding the use of the term “neutrality,” it was now unanimously decided that Congress should not be called.  It was further decided that the French Minister should be received.  Jefferson and Randolph, however, were of opinion that he should be received without conditions, while Hamilton, supported by Knox, held that the Minister ought to be apprised of the intention to reserve the question whether the treaties were still operative, “lest silence on that point should occasion misconstruction.”  The even division of the Cabinet on this point was in practical effect a victory for Jefferson.  The Cabinet was unable to reach any decision in the matter of treaty obligations.  Jefferson held that they were still operative; Hamilton, that they were “temporarily and provisionally suspended.”  Knox sided with Hamilton, and Randolph, although he at first sided with Jefferson, was so shaken in his opinion by Hamilton’s argument that he asked further time for consideration.  Eventually written opinions were submitted by Hamilton, Jefferson, and Randolph, confirming the views they had previously expressed, and, as Knox concurred with Hamilton, the Cabinet was still evenly divided on that fundamental question.