"Yes," exclaimed he, "HERE, on this very spot, I took leave of him; I wished him success and honor. 'You have your instructions from the Secretary of War,' said I, 'I had a strict eye to them, and will add but one word, BEWARE OF A SURPRISE! You know how the Indians fight us. I repeat it, BEWARE OF A SURPRISE.' He went off with that, my last warning, thrown into his ears. And yet! To suffer that army to be cut to pieces, hacked, butchered, tomahawked, by a surprise—the very thing I guarded him against—O God! O God!" exclaimed he, throwing up his hands, and while his very frame shook with emotion, "he's worse than a murderer! How can he answer it to his country! The blood of the slain is upon him—the curse of widows and orphans—the curse of heaven!"
Mr. Lear remained speechless; awed into breathless silence by the appalling tones in which this torrent of invective was poured forth. The paroxysm passed by. Washington again sat down on the sofa—he was silent—apparently uncomfortable, as if conscious of the ungovernable burst of passion which had overcome him. "This must not go beyond this room," said he, at length, in a subdued and altered tone—there was another and a longer pause; then, in a tone quite low: "General St. Clair shall have justice," said he. "I looked hastily through the despatches; saw the whole disaster, but not all the particulars. I will receive him without displeasure; I will hear him without prejudice; he shall have full justice."
In the course of the present session of Congress a bill was introduced for apportioning representatives among the people of the several States, according to the first enumeration. The constitution had provided that the number of representatives should not exceed one for every thirty thousand persons, and the House of Representatives passed a bill allotting to each State one member for this amount of population. This ratio would leave a fraction, greater or less, in each State. Its operation was unequal, as in some States a large surplus would be unrepresented, and hence, in one branch of the legislature, the relative power of the State be affected. That, too, was the popular branch, which those who feared a strong executive, desired to provide with the counterpoise of as full a representation as possible.
To obviate this difficulty the Senate adopted a new principle of apportionment. They assumed the total population of the United States, and not the population of each State, as the basis on which the whole number of representatives should be ascertained. This aggregate they divided by thirty thousand: the quotient gave one hundred and twenty as the number of representatives; and this number they apportioned upon the several States according to their population; allotting to each one member for every thirty thousand, and distributing the residuary members (to make up the one hundred and twenty) among the States having the largest fractions.
After an earnest debate, the House concurred, and the bill came before the President for his decision. The sole question was as to its constitutionality; that being admitted, it was unexceptionable. Washington took the opinion of his cabinet. Jefferson and Randolph considered the act at variance with the constitution. Knox was undecided. Hamilton thought the clause of the constitution relating to the subject somewhat vague, and was in favor of the construction given to it by the legislature. After weighing the arguments on both sides, and maturely deliberating, the president made up his mind that the act was unconstitutional. He accordingly returned the bill with his objections, being the first exercise of the veto power. A new bill was substituted, and passed into a law; giving a representative for every thirty-three thousand to each State.
Great heat and asperity were manifested in the discussions of Congress throughout the present session. Washington had observed with pain the political divisions which were growing up in the country; and was deeply concerned at finding that they were pervading the halls of legislation. The press, too, was contributing its powerful aid to keep up and increase the irritation. Two rival papers existed at the seat of government; one was Fenno's Gazette, of the United States, the other was the National Gazette, edited by Philip Freneau. Freneau had been editor of the New York Daily Advertiser, but had come to Philadelphia in the autumn of 1791 to occupy the post of translating clerk in Mr. Jefferson's office, and had almost immediately (Oct. 31) published the first number of his Gazette. Notwithstanding his situation in the office of the Secretary of State, Freneau became and continued to be throughout the session, a virulent assailant of most of the measures of government; excepting such as originated with Mr. Jefferson, or were approved by him.
Heart-weary by the political strifes and disagreements which were disturbing the country and marring the harmony of his cabinet, the charge of government was becoming intolerably irksome to Washington; and he longed to be released from it, and to be once more master of himself, free to indulge those rural and agricultural tastes which were to give verdure and freshness to his future existence. He had some time before this expressed a determination to retire from public life at the end of his presidential term. But one more year of that term remained to be endured, and he congratulated himself with the thought. He had confidential conversations with Mr. Madison on the subject, and asked him to think what would be the proper time and mode of announcing his intention to the public; and intimating a wish that Mr. Madison would prepare for him the announcement. Mr. Madison remonstrated in the most earnest manner against such a resolution, setting forth, in urgent language, the importance to the country of his continuing in the presidency. Washington listened to his reasoning with profound attention, but still clung to his resolution.
In consequence of St. Clair's disastrous defeat and the increasing pressure of the Indian war, bills had been passed in Congress for increasing the army, by adding three regiments of infantry and a squadron of cavalry (which additional force was to serve for three years, unless sooner discharged), also for establishing a uniform militia system. St. Clair resigned his commission, and was succeeded in his western command by General Wayne, the mad Anthony of the revolution, still in the vigor of his days, being forty-seven years of age.
Washington's first thought was that a decisive expedition conducted by this energetic man of the sword, might retrieve the recent frontier disgrace, and put an end to the persevering hostility of the Indians. In deference, however, to the clamors which had been raised against the war and its expenses, and to meet what appeared to be the prevalent wish of the nation, he reluctantly relinquished his more energetic policy, and gave in to that which advised further negotiations for peace; though he was far from anticipating a beneficial result.
In regard to St. Clair, we will here add that a committee of the house of Representatives ultimately inquired into the cause of the failure of his expedition, and rendered a report, in which he was explicitly exculpated. His adjutant general also (Winthrop Sargent), in his private diary, testifies to St. Clair's coolness and bravery, though debilitated by illness. Public sentiment, however, remained for a long time adverse to him; but Washington, satisfied with the explanations which had been given, continued to honor him with his confidence and friendship.