![WASHINGTON, George. Autograph letter signed ("Go: Washington") as President [to Attorney General Edmund Randolph (1753-1813)], Mount Vernon, 14 October 1793. 21/3 pages, folio, docketed on verso, slight spotting, neat repairs to several minor fold tears on page 1, 2nd leaf neatly inlaid to a larger sheet, otherwise fine.](https://www.christies.com/img/LotImages/2000/NYR/2000_NYR_09364_0151_000(011319).jpg?w=1)
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WASHINGTON, George. Autograph letter signed ("Go: Washington") as President [to Attorney General Edmund Randolph (1753-1813)], Mount Vernon, 14 October 1793. 21/3 pages, folio, docketed on verso, slight spotting, neat repairs to several minor fold tears on page 1, 2nd leaf neatly inlaid to a larger sheet, otherwise fine.
THE PRESIDENT AND THE ATTORNEY GENERAL DELIBERATE THE LEGALITY OF RELOCATING CONGRESS, PONDERING "A STRAINED CONSTRUCTION OF THE CONSTITUTION"
In August of 1793 an outbreak of yellow fever began to spread among sailors in Philadelphia and soon to the general population, quickly reaching epidemic proportions. After reluctantly returning to Mount Vernon, Washington was kept up to date with weekly reports from Secretary of War Henry Knox. The next session of Congress was to open on the first of December, and it was likely the city would still be in the grip of the epidemic. Here, Washington questions Attorney General Edmund Randolph, asking advice on legal and Constitutional issues of moving Congress: "Are you certain that the disorder of which the persons of Germantown died was the real malignant fever of Philada.? For every fever now, of which people die in and about that City will be so called. I was in hopes Congress might have assembled at Germantown in the first instance, and there taken ulterior resolutions if the City of Philadelphia at the time should be thought unsafe for them to sit in." Trumbull, "Speaker of the late house of Representatives" has suggested "the expediency of convening Congress... at some other place than Philadelphia..., similar sentiments I have heard, are entertained by others. Query, what with propriety can the President do under the circumstances which exist? If the importance, and the awfulness of the occasion would justify calling the legislature together at any other place than Philadelphia (on acct. of the calamity with which it is visited) where should it be?" The choice of Germantown might "involve the Executive in a serious, and delicate decision," while "Wilmington and Trenton are equidistant from Philadelphia in opposite directions, but...equally liable...to receive the Infection, and each, to the members whose distance would be increased, obnoxious. Annapolis...has conveniences," but "it might be thought that interested and local views dictated the measure."
Then, interestingly, sectional concerns come into play: "What sort of a Town is Reading, and how would it answer for the purpose of a Session? Neither Northern nor Southern Members would have cause to complain of partiality on acct. of its situation. Lancaster would be thought to favour the Southern Members most." Should a change of venue be necessary, Washington concludes, "not a moment is to be lost in the notification thereof, whether by Proclamation...or by a simple statement of facts, accompanied with information that...I would meet the members in their Legislative capacity, or for the purpose of ulterior arrangements. The latter would I presume be a novel proceeding, the other an illegal Act, if there is no power delegated [by the Constitution or Congress] for the purpose and either would be food for scribblers; yet, if Philadelphia should continue in its present unfortunate and alarming state something preliminary seems necessary."
"I wish you to think seriously of this matter; and not only give me your opinion thereon, but accompany it with what you may conceive a proper and formal instrument for publication; for my consideration leaving the place and time blank theron, but dilated upon in a letter under the sev[era]l views you may take of the subject, especially too as (I have heard but know not on what grounds) that it is made a question by some, whether even the Legislature itself having in this instance fulfilled the powers of the Constitution have now a right to change the places which are established by law. This to me I confess, seems to be a strained construction of the Constitution and is only mentioned to shew that caution is necessary. The heads of the Departments [cabinet members] you will have no opportunity to advise with on this interesting subject, nor do I suppose you will be in the way of seeing professional men of much eminence, otherwise I should request you to know their sentiments on the legality, or expediency of convening Congress otherwise than in Philadelphia."
The responses to Washington's inquiries (he wrote also to Madison, John Trumbull, Hamilton, and Knox) advised the President not to attempt to move Congress, considering that it would have to meet in the legal vicinity of Philadelphia even if only to decide to convene elsewhere. In fact, though the Constitution granted the President the power "on extraordinary Occasions" to convene Congress," it failed to address the issue of changing the location of the session, which would override the stipulations of the Residence Bill of 1790. Washington concurred with this advice in the end, and summoned Congress to meet him on 1 November in Germantown, six miles northwest of the city. Published in Writings, ed. J.C. Fitzpatrick, 33:125-127 (different readings in several places).
THE PRESIDENT AND THE ATTORNEY GENERAL DELIBERATE THE LEGALITY OF RELOCATING CONGRESS, PONDERING "A STRAINED CONSTRUCTION OF THE CONSTITUTION"
In August of 1793 an outbreak of yellow fever began to spread among sailors in Philadelphia and soon to the general population, quickly reaching epidemic proportions. After reluctantly returning to Mount Vernon, Washington was kept up to date with weekly reports from Secretary of War Henry Knox. The next session of Congress was to open on the first of December, and it was likely the city would still be in the grip of the epidemic. Here, Washington questions Attorney General Edmund Randolph, asking advice on legal and Constitutional issues of moving Congress: "Are you certain that the disorder of which the persons of Germantown died was the real malignant fever of Philada.? For every fever now, of which people die in and about that City will be so called. I was in hopes Congress might have assembled at Germantown in the first instance, and there taken ulterior resolutions if the City of Philadelphia at the time should be thought unsafe for them to sit in." Trumbull, "Speaker of the late house of Representatives" has suggested "the expediency of convening Congress... at some other place than Philadelphia..., similar sentiments I have heard, are entertained by others. Query, what with propriety can the President do under the circumstances which exist? If the importance, and the awfulness of the occasion would justify calling the legislature together at any other place than Philadelphia (on acct. of the calamity with which it is visited) where should it be?" The choice of Germantown might "involve the Executive in a serious, and delicate decision," while "Wilmington and Trenton are equidistant from Philadelphia in opposite directions, but...equally liable...to receive the Infection, and each, to the members whose distance would be increased, obnoxious. Annapolis...has conveniences," but "it might be thought that interested and local views dictated the measure."
Then, interestingly, sectional concerns come into play: "What sort of a Town is Reading, and how would it answer for the purpose of a Session? Neither Northern nor Southern Members would have cause to complain of partiality on acct. of its situation. Lancaster would be thought to favour the Southern Members most." Should a change of venue be necessary, Washington concludes, "not a moment is to be lost in the notification thereof, whether by Proclamation...or by a simple statement of facts, accompanied with information that...I would meet the members in their Legislative capacity, or for the purpose of ulterior arrangements. The latter would I presume be a novel proceeding, the other an illegal Act, if there is no power delegated [by the Constitution or Congress] for the purpose and either would be food for scribblers; yet, if Philadelphia should continue in its present unfortunate and alarming state something preliminary seems necessary."
"I wish you to think seriously of this matter; and not only give me your opinion thereon, but accompany it with what you may conceive a proper and formal instrument for publication; for my consideration leaving the place and time blank theron, but dilated upon in a letter under the sev[era]l views you may take of the subject, especially too as (I have heard but know not on what grounds) that it is made a question by some, whether even the Legislature itself having in this instance fulfilled the powers of the Constitution have now a right to change the places which are established by law. This to me I confess, seems to be a strained construction of the Constitution and is only mentioned to shew that caution is necessary. The heads of the Departments [cabinet members] you will have no opportunity to advise with on this interesting subject, nor do I suppose you will be in the way of seeing professional men of much eminence, otherwise I should request you to know their sentiments on the legality, or expediency of convening Congress otherwise than in Philadelphia."
The responses to Washington's inquiries (he wrote also to Madison, John Trumbull, Hamilton, and Knox) advised the President not to attempt to move Congress, considering that it would have to meet in the legal vicinity of Philadelphia even if only to decide to convene elsewhere. In fact, though the Constitution granted the President the power "on extraordinary Occasions" to convene Congress," it failed to address the issue of changing the location of the session, which would override the stipulations of the Residence Bill of 1790. Washington concurred with this advice in the end, and summoned Congress to meet him on 1 November in Germantown, six miles northwest of the city. Published in Writings, ed. J.C. Fitzpatrick, 33:125-127 (different readings in several places).