Article 3, Section 2, Clause 1

Document 33

John Jay to George Washington

We have taken into consideration the letter written to us, by your direction, on the 18th inst., by the Secretary of State. The question, "whether the public may, with propriety, be availed of the advice of the judges on the questions alluded to," appears to us to be of much difficulty as well as importance. As it affects the judicial department, we feel a reluctance to decide it without the advice and participation of our absent brethren.

The occasion which induced our being convened is doubtless urgent; of the degree of that urgency we cannot judge, and consequently cannot propose that the answer to this question be postponed until the sitting of the Supreme Court. We are not only disposed, but desirous, to promote the welfare of our country in every way that may consist with our official duties. We are pleased, sir, with every opportunity of manifesting our respect for you, and are solicitous to do whatever may be in our power to render your administration as easy and agreeable to yourself as it is to our country. If circumstances should forbid further delay, we will immediately resume the consideration of the question, and decide it.

The Founders' Constitution
Volume 4, Article 3, Section 2, Clause 1, Document 33
http://press-pubs.uchicago.edu/founders/documents/a3_2_1s33.html
The University of Chicago Press

The Correspondence and Public Papers of John Jay. Edited by Henry P. Johnston. 4 vols. New York and London: G. P. Putnam's Sons, 1890--93.