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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO THOMAS JEFFERSON, SECRETARY OF STATE. - George Washington, The Writings of George Washington, vol. XII (1790-1794) [1891]

Edition used:

The Writings of George Washington, collected and edited by Worthington Chauncey Ford (New York and London: G. P. Putnam’s Sons, 1890). Vol. XII (1790-1794).

Part of: The Writings of George Washington, 14 vols.

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TO THOMAS JEFFERSON, SECRETARY OF STATE.

Mount Vernon, 11 October, 1793.

Dear Sir,

Your despatch of the 3d, with its several enclosures, reached Alexandria on Wednesday evening, and got to my hands yesterday morning. This afternoon I shall send to the post office the letters from Mr. Bankson, with my signature to the exequatur for Mr. Dannery and Letters Patent revoking that of Mr. Duplaine. Your letter to the latter, two to the French Minister, one to his secretary Mons. Bournonville, and another to Mr. Morris being approved, are also forwarded.

To a letter written to you a few days ago, I refer for the time and place mentioned for the meeting of the heads of departments, and hope it will be convenient for you to attend. If I do not take a circuitous route by Fredericktown in Maryland, &c., I shall not leave this before the 28th, and in that case should be glad of your company, if it is not inconvenient for you to call. Since writing that letter, however, I have received the enclosed from the attorney-general, which may make a change of place necessary; but I shall wait further advices before this is resolved on.

I have also received a letter from the late Speaker, Trumbull,1 and as I understand, sentiments similar to his are entertained by others. What had I best do? You were of opinion when here, that neither the constitution nor laws gave power to the President to convene Congress at any other place, than where the seat of government is fixed by their own act. Twelve days ago I wrote to the attorney-general for an official opinion on this head, but have received no answer.1 If the importance and urgency of the case, arising from the unabating fever in Philadelphia, would justify calling the legislature at any other place, where ought it to be? This, if Germantown is affected with the malady, involves the executive in a serious and delicate decision. Wilmington and Trenton are equidistant in opposite directions, both on the great thoroughfare, equally dangerous, and would, (I presume,) be equally obnoxious to one or other set of members, according to their situations. Annapolis has conveniences, but it might be thought I had interested and local views in naming this place. What sort of a town then is Reading? And how would it answer? Neither northern nor southern members would have cause to complain of its situation. Lancaster favors the southern ones most.

You will readily perceive, if any change takes place, not a moment is to be lost in the notification, whether by a simple statement of facts (among which, I presume, the house intended for them in Philadelphia will be unfinished), and an intimation that you shall be at a certain place NA days before the 1st of December to meet them in their legislative capacity, or to advise with them on measures proper to be taken in the present exigency. If something of this sort should strike you favorably, draw, (and if necessary sign,) a proper instrument, to avoid delay, leaving the place blank, but giving your opinion thereon. Germantown would certainly have been the best place for them to have met in the first instance, there to take ulterior resolutions without involving the executive.

I have no objection to the director of the mint, with your concurrence, choosing an engraver in place of Mr. Wright. No report has been made to me relative to the tonnage of the French ships from St. Domingo.

Major Lenox, I perceive by the papers, is marshal of the district of Pennsylvania. Limits of jurisdiction and protection must lie over till we meet, when I request you would remind me of it. I am, Sir, yours, &c.

[1 ]He said he thought the occasion sufficiently “extraordinary” to warrant the President to use his discretionary power to convene the national legislature by a special call, and also at some other place than that to which Congress then stood adjourned. He added that unless this discretionary power should interpose, a majority of the two Houses must assemble in Philadelphia, however great might be the danger, before an adjournment could be made to a place of safety and convenience.

[1 ]Mr. Randolph did not think that the President had power to change the place of the meeting of Congress. He drew up an official paper on the subject, but his opinion is expressed in the following extract from one of his letters.

“I have travelled over the subject of your interposition, as to the place for the next session of Congress, but have not been able to complete my remarks on paper. They will be ready on your arrival at Germantown. In the mean time, I beg leave to suggest the result of my reflections, as being adverse to a call of Congress from the executive. It seems to be unconstitutional. It is also unnecessary at this moment; for if the two Houses should happen to meet within the limits of Philadelphia on the first Monday in December, they may adjourn to some other place. If they do not meet, then the President will stand justified to convene them; inasmuch as a failure to meet in the present posture of public affairs on the appointed day will, by producing a well-grounded apprehension that they may not assemble for a long time, of itself create an “extraordinary occasion.” Some days may be lost, if the members may not have come into the neighborhood; but not many more than by an adjournment of their own to a new place. By my mode, the object will be accomplished in an easy and natural course; by a summons from the President, serious discontents may be excited.

“I ought however to inform you, Sir, that the governor of Pennsylvania (whose authority is, so far as the constitution of this State goes, nearly the same with yours) will probably call his legislature a few days before the regular meeting to Germantown, instead of Philadelphia. Mr. Dallas thinks that he may do so with safety; but the question is to be submitted to the attorney-general. He tells me that Mr. Rawle is of opinion, that, although you should convene Congress, they must assemble in the first instance at Philadelphia. I intended to consult with him and Mr. Lewis; but having heard from Major Lenox, that Colonel Hamilton came home last night, I shall postpone going over to them, until I can converse with him. But, in pursuance of your instruction, I enclose what appears to be a proper proclamation, if my sentiments should unfortunately not accord with your decision.”—October 24th.

“Mr. Jefferson, upon a superficial view of the subject when here, thought there was no power in either to do this. But the laws were not examined carefully, and the constitution is, I believe, silent respecting it.”—Washington to Randolph, 30 September, 1793.