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 Democrate 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 receiving ardent championship.  Freneau’s National Gazette held that Genet had really acted “too tamely,” had been “too accommodating for the peace of the United States.”  Hamilton now replied by a series of articles in the Daily Advertiser over the signature “No Jacobin,” in which Genet’s behavior was reviewed.  After five articles had appeared in rapid succession, the series was abruptly terminated because Hamilton was taken down by the yellow fever.

The journalistic war was almost in the nature of a duel between the State and the Treasury Departments.  Genet must have been amused.  Lack of funds hindered his activities more than anything else.  Jefferson had advised Washington that, “if the instalments falling due in this year could be advanced without incurring more danger,” it would be well to make the payments, as he “thought it very material to keep alive the friendly sentiments of France.”  But this was a matter which pertained to Hamilton’s own department, and in that field his advice controlled Washington.  Genet could do nothing in this direction, and before the affair of Le Petit Democrate he had ceased to expect financial aid.

Jefferson was now so angry and indignant that he no longer opposed the suggestions that had been made in cabinet meetings that Genet should be dismissed, and the note on that subject which he drafted for transmission to the French Government is an able document.  The French Government, with ample reason, conditioned the recall of Genet upon the recall of Morris, who was succeeded by James Monroe.  Meanwhile Genet’s