Jay's letter of the 18th requests the opinion of the Chancellor and the Judges concerning the constitutionality of his stand in the dispute with the Council on Appointment, who claim the right to nominate their own candidates for office rather than to be restricted to acting upon the Governor's recommendations. The chancellor and judges refuse to answer the question extra judicially, and can think of no manner in which it can be raised in the course of judicial proceedings, Judge Lewis, who is absent, has sent his opinion that an advisory opinion should not be given lest the matter arise in the course of an impeachment trial.
Subjects
United States--History--Constitutional period, 1789-1809; Jay, John, 1745-1829