Jefferson, when here on his way home, was of the latter opinion, but the laws were not fully examined, nor was the case at that time so serious as it now is. From the Attorney-General (Randolph), to whom I have since written on this subject, requesting an official opinion, I have received no answer, nor is it likely I shall soon, as I believe he has no communication with Philadelphia. Time presses and the malady at the usual place of meeting is becoming more and more alarming. What then do you think is the most advisable course for me to pursue in the present exigency summon Congress to meet at a certain time and place in their legislative capacity? Simply state facts and say that I will meet the members at the time and place just mentioned for ulterior arrangements? Or leave matters as they are if there is no power in the executive to alter the place legally? In the first and second cases, especially the first, the delicacy of my naming a place will readily occur to you. My wish would be that Congress could be assembled at Germantown to show that I meant no partiality, leaving it to themselves, if there should be no prospect of getting into Philadelphia soon, to decide what should be done thereafter. But accounts say that some people have died in Germantown also of the malignant fever. Every death, now, however, is ascribed to that cause, be the disorder what it may. Wilmington and Trenton are almost equidistant from Philadelphia in opposite directions, but both are on the great thoroughfare and equally exposed to danger from the multitude of travellers, and neither may have a chamber sufficient for the House of Representatives. Annapolis and Lancaster are more secure and both have good accommodations. But to name either of them, especially the first, would be thought to favor the southern convenience, and, perhaps, might be attributed to local views, especially as New York

is talked of for this purpose. Reading, if there are proper conveniences there, would favor neither the southern nor northern interest most, but would be alike to both.

"I have written to Mr. Jefferson on this subject. Notwithstanding which, I would thank you for your opinion and that fully, as you see my embarrassment. I even ask more. I would thank you, not being acquainted with forms, to sketch some instrument for publication, adapted to the course you may think it would be most expedient for me to pursue in the present state of things, if the members are called together as before mentioned.

"The difficulty of keeping clerks in the public offices had in a manner put a stop to business before I left Philadelphia, and the heads of departments having matters of their own, which called them away, has prevented my return thither longer than I had intended. I have now desired the different secretaries to meet me there, or in the vicinity, the Ist of next month, for which I shall set out the 27th or the 28th of the present.

"The accounts from the city are really affecting. Two gentlemen now here from New York, Colonels Platt and Sergeant, say that they were told at the Swede's ford of Schuylkill, by a person who had it from Governor Mifflin, that, by an official report from the mayor of the city, upward of 3.500 had died, and that the disorder was raging more violently than ever. If cool weather, accompanied by rain, does not put a stop to the malady, distressing indeed must be the case of that city, now almost depopulated by removals and deaths."*

*The whole number that died during the prevalence of the yellow fever in Philadelphia was over 4,000.

T

CHAPTER VII.

WASHINGTON SENDS JAY TO ENGLAND.

1793-1794.

HE time appointed for the reassembling of Congress was the first Monday in December. Washington had arrived at Philadelphia, and the heads of departments were at their posts before the end of November. Although the fear of contagion was not entirely dispelled when the time for the meeting of Congress arrived, yet, such was the active zeal of parties, and such the universal expectation that important executive communications would be made, and that legislative measures not less important would be founded on them, that both Houses were full on the first day, and a joint committee waited on the President with the usual information that they were ready to receive his communications.

On the 4th of December (1793), at 12, the President met both Houses in the Senate chamber. His speech was moderate, firm, dignified, and interesting. It commenced with his own re-election, his feelings at which were thus expressed:

Since the commencement of the term for which I have been again called into office, no fit occasion has arisen for expressing to my fellow-citizens at large, the deep and respectful sense which I feel of the renewed testimony of public approbation. While, on the one hand, it awakened my gratitude for all those instances of affectionate partiality with which I have been honored by my country, on the other, it could not prevent an earnest wish for that

retirement, from which no private consideration could ever have torn me. But, influenced by the belief that my conduct would be estimated according to its real motives, and that the people, and the authorities derived from them, would support exertions having nothing personal for their object, I have obeyed the suffrage which commanded me to resume the executive power, and I humbly implore that Being on whose will the fate of nations depends, to crown with success our mutual endeavors for the general happiness."

Passing to those measures which had been adopted by the executive for the regulation of its conduct toward the belligerent nations, he observed: "As soon as the war in Europe had embraced those powers with whom the United States have the most extensive relations, there was reason to apprehend that our intercourse with them might be interrupted, and our disposition for peace drawn into question by suspicions too often entertained by belligerent nations. It seemed therefore to be my duty to admonish our citizens of the consequence of a contraband trade, and of hostile acts to any of the parties, and to obtain, by a declaration of the existing state of things, an easier admission of our rights to the immunities belonging to our situation. Under these impressions the proclamation which will be laid before you was issued.

"In this posture of affairs, both new and delicate, I resolved to adopt general rules which should conform to the treaties, and assert the privileges of the United States. These were reduced into a system which shall be communicated to you."

After suggesting those legislative provisions on this subject, the necessity of which had been pointed out by experience, he proceeded to say:

"I cannot recommend to your notice measures for the

fulfilment of our duties to the rest of the world, without again pressing upon you the necessity of placing ourselves in a condition of complete defense, and of exacting from them the fulfilment of their duties toward us. The United States ought not to indulge a persuasion that, contrary to the order of human events, they will forever keep at a distance those painful appeals to arms with which the history of every nation abounds. There is a rank due to the United States among nations which will be withheld, if not absolutely lost by the reputation of weakness. If we desire to avoid insult, we must be able to repel it: if we desire to secure peace one of the most powerful instruments of our prosperity - it must be known that we

are at all times ready for war."

These observations were followed by a recommendation to augment the supply of arms and ammunition in the magazines, and to improve the militia establishment.

After referring to a communication to be subsequently made for occurrences relative to the connection of the United States with Europe, which had, he said, become extremely interesting, and, after reviewing Indian affairs, he particularly addressed the House of Representatives. Having presented to them in detail some subjects of which it was proper they should be informed, he added: "No pecuniary consideration is more urgent than the regular redemption and discharge of the public debt; on none can delay be more injurious, or an economy of time more valuable.

"The productiveness of the public revenues hitherto has continued to be equal to the anticipations which were formed of it; but it is not expected to prove commensurate with all the objects which have been suggested. Some auxiliary provisions will therefore, it is presumed, be requisite; and it is hoped that these may be made consistently with