[letter 30 June 96 to T. Pickering [undecipherable] from William [undecipherable: probable reading Davis]] 30 June Sir. The necessity of enforcing a due observance of treaties between the U. S. & foreign powers & the obligation of the Executive authority to take every legal measure for that purpose being admitted, it becomes a question of What expedient method [strikethrough: should] be adopted to prevent the sale of the prizes lately carried into the port of Boston, such sale if effected being a contravention of the [undecipherable: probable reading 22^d] article of the treaty of 1794 with the King of [undecipherable: probable reading Great Britain]. To prevent [strikethrough: it is] if possible the commission of an offence [strikethrough: to] to punish it when committed, from the general outlines of Executive duty in relation to acts prohibited by the laws — [strikethrough: The first is the most [undecipherable] task] The general plan pointed out by law is [strikethrough: [undecipherable] security for the prizes for the [undecipherable] behaviour [undecipherable]] that is [strikethrough: [undecipherable]] apprehended — When suits are actually instituted & depending the [courts?] being cognizant of those proper preventive powers of different kinds, but as those are founded on their statute & the fact it is obvious that they cannot be exercised but in relation to it. Of this nature I presume was a late instance of an injunction from the Circuit Court of So: Carolina district & which I have only an imperfect newspaper account. I dont conceive that an injunction would be issued from the circuit court as it arose from matter [strikethrough: in] which the court was previously occupied. [strikethrough: And] if such a power existed [strikethrough: it] should happen the district of [strikethrough: [undecipherable]] Virginia [strikethrough: district [undecipherable]] it would be a question whether the District Court did not also [strikethrough: possess] it. But as [strikethrough: the inefficiency] of different modes of action [strikethrough: depending] on similar [strikethrough: [undecipherable]] circumstances are not known or perceived at a distance I submit to you Sir whether there would not be more propriety in giving [strikethrough: [undecipherable]] [strikethrough: [undecipherable]] [strikethrough: adoption of whether it would not be preferable] to instruct the attorney of Massachusetts district to take [strikethrough: such] legal measures as law [strikethrough: to ascertain [undecipherable] [strikethrough: it the]] case required to prevent the measure apprehended. Concurrently with this direction notice [will] officially be given to the French consul not to proceed [strikethrough: with] the [undecipherable] of Massachusetts [strikethrough: to [undecipherable]] I do not [undecipherable: probable reading fancy] other preventive mode [strikethrough: [undecipherable]] which one [undecipherable] properly be recommended — the right of the French nation to bring their prizes into port not being controverted. If notwithstanding in previous notice, a sale should be attempted the parties concerned will [strikethrough: [undecipherable]] be liable to an indictment & punished in the ordinary course of law — Timothy Pickering Esq.