Congress adjourned on the eighth of May. During the session, Washington had for the first time exercised the veto power intrusted to the president by the constitution. The occasion was the passage of an apportionment bill based upon the census of the population of the United States, lately taken, which in its provisions appeared to conflict with the constitution. That instrument provided that the representatives should not exceed one for every thirty thousand persons. This ratio would leave a fraction in each state (in some more, in some less) unrepresented. To obviate this difficulty, the senate originated a bill which exhibited a new principle of apportionment. It assumed as a basis the total population of the United States, and not the population of separate states, as that upon which the whole number of representatives should be determined. This aggregate was divided by thirty thousand. The quotient giving one hundred and twenty as the number of representatives, that number was apportioned upon the several states according to their population, allotting to each one member for every thirty thousand, and distributing the remaining members, to make up the one hundred and twenty, among the states having the largest fractions. After much debate, the house concurred in the senate's bill, and it was submitted to the president for his signature. The only question that arose was as to its constitutionality. The president consulted his cabinet. Jefferson and Randolph decided that it was unconstitutional; Knox could not express a definite opinion; and Hamilton rather favored the bill. After due deliberation Washington returned it with his objections. "A few of the hottest friends of the bill," says Jefferson in his Anas, "expressed passion, but the majority were satisfied; and both in and out of doors," he rather ill-naturedly added, "it gave pleasure to have at length an instance of the negative being exercised."
The distractions in his cabinet, the increasing virulence of party spirit continually manifested in Congress, and the cares of government, began to make Washington thoroughly weary of public life, and early in 1792 he resolved to retire from it at the end of the term for which he had been elected to the presidency. He had more than a year to serve; but he determined to let his resolution be made known to the public at an early day. He first announced it to his nearest friends and associates. Among these were Jefferson and Madison, the latter a representative from Virginia, and then taking the position of a republican leader in the house. To Jefferson, Washington had opened his mind on the subject as early as the close of February, at the same time saying that he should consider it unfortunate if his retirement should cause that of other great officers of the government. At that time, the president was becoming painfully aware that the differences in his cabinet were systematic, instead of incidental as at first.