Washington [482]
After urging him to safeguard the War Department clerks, Washington left Henry Knox in charge as acting president, with instructions to submit a weekly report on developments in the now-deserted capital. The doughty Knox was the last high-ranking official to depart. “All my efficient clerks have left me from apprehension,” Knox reported in mid-September, noting that fatalities in the capital had zoomed to one hundred per day. “The streets are lonely to a melancholy degree. The merchants generally have fled . . . In fine, the stroke is as heavy as if an army of enemies had possessed the city without plundering it.”7 After Jefferson found only a single clerk toiling at the State Department, he decided it was high time to head for Virginia. By mid-October 3,500 Philadelphians, or one-tenth of the population, had succumbed to yellow fever, leaving the city, in Washington’s words, “almost depopulated by removals and deaths.”8
Eager to resume government operations and show that the republic could function even under extreme duress, Washington wanted to convene emergency sessions of Congress outside the capital, but he was unsure of their constitutionality. To his credit, he did not automatically assume autocratic powers in a crisis but tried to conform faithfully to the letter of the law. As alternate sites, he considered several nearby cities, among them Germantown, Wilmington, Trenton, Annapolis, and Reading. When he stopped at Mount Vernon, Jefferson, a strict constructionist, gave Washington his opinion that the government could lawfully assemble only in Philadelphia, even if Congress had to meet in an open field. Reluctant to be ham-strung by this restrictive view, Washington turned to the one person guaranteed to serve up a more liberal view of federal powers: Alexander Hamilton. In tapping his treasury secretary, Washington hinted broadly at his preferred outcome, telling him that “as none can take a more comprehensive view and . . . a less partial one on the subject than yourself . . . I pray you to dilate fully upon the several points here brought to your consideration.”9 Engaging in fancy semantic footwork, Hamilton cracked open the legal logjam by saying that Washington could recommend that the government meet elsewhere, although he couldn’t order it. Hamilton favored Germantown, close to Philadelphia, as the optimal site, and it was duly chosen.
Washington decided to convene a cabinet meeting