from Part I - The Struggle for Neutrality, 1793–1797
Published online by Cambridge University Press: 28 August 2025
The federal courts ultimately came to the nation’s rescue. In 1794, the Supreme Court abruptly reversed course and decided that federal judges could adjudicate cases arising from captures made by French privateers operating from the United States. British officials were initially skeptical about vindicating their sovereign’s rights through the courts, but they came to embrace litigation as a useful weapon in their global struggle with revolutionary France. French diplomats resented judicial interference with privateering, and they demanded that executive branch officers intervene in proceedings to defend France’s prerogatives under treaty and international law. But the Washington administration refused. The courts, in Thomas Jefferson’s words, were “liable neither to controul nor opposition from any other branch of the Government.” Judges continued to have doubts about their role in resolving international legal disputes, but they came to accept responsibility for establishing American sovereignty. This tale of judicial ascendancy might seem at odds with our usual understanding of the courts as the “least dangerous branch” of the early federal government, but the truth is that American policymakers deliberately sought to make the courts supreme, at least at sea.
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