How far was that treaty now binding?
It had been made with "the Most Christian king," whose head had been cut off.

Did not his engagements fall with his head?
That was the very position taken by the government of the French Republic, which had asserted the right to decide what treaties of the old monarchy should be retained and what rejected.

As an incident of the present case, the question was to be decided whether the ambassador of the French Republic should be received.
Such were the issues that Washington's Administration had to face, at a time when the whole country was thrilling with enthusiasm in behalf of the French Republic.

Chief Justice Marshall left on record his opinion that this feeling "was almost universal," and that "a great majority of the American people deemed it criminal to remain unconcerned spectators of a conflict between their ancient enemy and republican France." Washington acted with his customary deliberation.

On April 18, 1793, he submitted to the members of his Cabinet thirteen questions.