Jefferson, who held that the French treaty was still operative, noted that the questions reached him in Washington's own handwriting, "yet it was palpable from the style, their ingenious tissue and suite, that they were not the President's, that they were raised upon a prepared chain of argument, in short, that the language was Hamilton's and the doubts his alone." In Jefferson's opinion they were designed to lead "to a declaration of the Executive that our treaty with France is void." Jefferson was right as to Hamilton's authorship.

At a time when Jefferson had no advice to give save that it would be well to consider whether Congress ought not to be summoned, Hamilton had ready a set of interrogatories which subjected the whole situation to close analysis.

The critical questions were these: "Shall a proclamation issue for the purpose of preventing interferences of the citizens of the United States in the war between France and Great Britain, &c.?
Shall it contain a declaration of neutrality or not?
What shall it contain?
"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.