Tempest at Dawn (25 page)

“
How are they?”

Madison shook his head. “My father again
instructed me to protect slavery.”

“
So you rebelled with an intemperate
remark in front of the whole assembly?”

“
I suppose I did.”

“
Don’t berate yourself. Someone needed
to say it. I’m glad you had the courage.”

“
Courage or foolhardiness?”

“
Some of each, I suspect. How about
your mother?”

“
She’s either sick, recovering from an
illness, or detecting symptoms of an oncoming ailment.”

“
Health can be precarious, especially
when you’re on constant guard.”

“
My fear is that I inherited her weak
constitution. My father believes we both exaggerate, use ill health
as an excuse.”

“
Do you?”

“
A question I ask myself … at
times.”

“
Well, take care. Get rest. We need
you.”

“
I shall. Thank you.” Madison stood to
depart.

“
What did Morris scold you
about?”

Madison sat back down. “My wavering on the
use of force against the states.”

“
That wasn’t your call.”

“
How do you know?”

“
The general and I discussed
it.”

“
Morris is leaving the convention for
a spell.”

“
I heard.” After a pause, Franklin
said, “I’ll talk to him before he leaves. He’ll present no more
trouble. Listen, the give and take of politics is messy at best.
The disorder of a republic must be endured. Remember, this is the
system you wish to invent.”

“
I fear for our control.”

“
Must we control? I take heart in
watching people change their minds,” Franklin said. “That’s the
great purpose of deliberating bodies.”

“
I can accept disagreement for the
moment, but before we break our locks of secrecy, we must have
solidarity.”

Eyes twinkling, Franklin repeated for the
hundredth time his now famous repartee delivered after the signing
of the Declaration of Independence. “Yes, indeed Jemmy, we must all
hang together, or, most assuredly, we’ll all hang separately.”

Chapter 15

Thursday, June 7, 1787

“
What drove his outburst?” Sherman
asked.

“
Emotion and necessity.” Dickinson hesitated a
moment. “Roger, you must understand, Delaware’s been a state for
only twelve years. For us, survival has a higher priority than
sovereignty.”

Sherman, Ellsworth, and Dickinson walked
three abreast toward the State House. The weather was fair, and a
fresh spring day brought people outdoors. Idle shopkeepers stood in
doorways, neighbors conversed on corners, and constables tipped
their hats to passersby.

Sherman wondered what had transpired in the Delaware
caucus. Just a few days ago, Read had threatened to bolt the
convention. He had appeared committed to protecting the one vote
per state doctrine, but yesterday had reversed himself and all but
called for the annihilation of the states.

“
John, what instructions did you
bring?” The hesitation told Sherman he had guessed
right.

“
We’ve been instructed to work for a
strong national government. Roger, we’re surrounded by powerful and
ambitious neighbors. We need a restraining influence on the large
states or we’re doomed.”

“
Are you required to record your
instructions with the secretary?” Ellsworth asked.

Smart, Sherman thought.

“
No. Our instructions aren’t from the
legislature as a whole, but from prominent members.”

Sherman nodded. “That means Delaware’s
threat to withdraw from the convention can still hover over the
chamber. How far must you go?”

“
I’m not here to capitulate. We want a
strong national government, but one with as much state influence as
we can negotiate.”

Ellsworth laughed. “Prepare yourself. Roger
has already lectured me about negotiations. He believes gentlemen
negotiate, but we must barter with brazen marauders.

“
Roger, I’m disappointed you have such
a low opinion about our esteemed colleagues.”

“
Oliver engages in hyperbole,” Sherman
said. “I merely pointed out that to protect our states, we must
first plant our pennon on a far hill. Compromise comes after we win
territory.”

They walked on a few paces, and then
Dickinson said, “Delaware’s intent shall remain our secret. I
promise we’ll battle the Virginians as if our life depended on
it.”

“
It does.” Sherman kicked a wadded
handbill into the street. He realized that his feeble coalition
could easily collapse if he didn’t come up with a fresh
idea.

Dickinson opened the day’s session
with a motion that state legislatures appoint the upper house of
the legislature, which everyone now called the Senate. Sherman
seconded the motion and Gerry took the floor.

“
Gentlemen, four
modes of appointing the Senate have been proposed.

“
First, by the other branch of the
legislature,

“
Second, by the national
executive,

“
Third, by the people,

“
And, fourth, by the state
legislatures.”

Gerry rattled these off with fast-moving
eyes and comical head bobs. He endorsed election by the state
legislatures but digressed into a long and convoluted argument that
this method protected commercial interests against landed
interests. Sherman nodded at Dickinson to try to salvage the
motion.

“
Esteemed delegates,” Dickinson said,
“the Virginia Plan unites thirteen small streams into one great
river. Thus, the national government will run in the same direction
as the states and possess the same defects. We must design a
government like the solar system, where the states are the planets,
free to move in their proper orbits.”

Dickinson walked over to Wilson and pointed
at him with an uplifted palm. “Mr. Wilson wishes to extinguish
these planets, forgetting, gentlemen, that those states
counterbalance the weight of the sun.”

Wilson took the floor in a huff. “I never
endorsed extinguishing these so-called planets. Gentlemen, the
national government cannot devour the states. On the contrary, the
states will devour the national government. The preservation of our
liberty demands that the states stay in their proper—and
subordinate—orbits.”

Wilson walked over and mimicked Dickinson by
pointing at him with an uplifted hand. “Perhaps Mr. Dickinson can
explain how the great state of Delaware counterbalances the
sun.”

When Dickinson refused to respond, Madison spoke.
“Nothing is more contradictory than to say that the national
government will possess the same defects as the states, and in the
next breath, say that the states are the proper check on the
national government.”

Sherman tapped the arm of his chair as he
watched Madison return to his table with a smug expression. So far,
Sherman’s alliance had failed to present a decent argument.

Pinckney spoke next. “The Senate ought
to be independent and permanent—appointed by the state
legislatures
for life.”

They’d been debating how to select the
Senate, not term length. Now Pinckney had scared the delegates with
an aristocratic proposal. Worse, he proceeded to propose dividing
the states into three classes according to size, giving the first
class three senators, the second two, and the third one. He had
switched to suffrage! Pinckney was part of the opposition, but
Sherman had hoped that he’d support the small states on this issue.
He did. But he bungled it as badly as Sherman’s side.

Mason, a trueborn nationalist, surprised
Sherman further. “Gentlemen, whatever power we give to the national
government, a portion must be left to the states. States must
possess some means to defend themselves against oppression by the
national government. We’ve provided for self-defense in every other
area. Shall only the states be without a means to protect
themselves?”

Someone had finally presented a solid
argument, but why had Mason supported a small state proposal? When
the vote was tallied, the state legislature appointment of the
Senate passed unanimously. Sherman understood.

“
No joy in victory?”

“
They seek to placate us, but it’s not
enough.”

“
The unanimous vote?” Ellsworth
asked.

“
The vote was arranged. They hope if
the states appoint the Senate, we’ll accept proportional suffrage
in both houses.”

The two men sat in Mrs. Marshall’s sitting
room, drinking tea. Mrs. Marshall entered, bearing a small tray.
“Gentlemen, I’ve brought you some fresh apple fritters.”

Sherman sat upright. “Thank you. The aroma’s
made it difficult to concentrate.”

Mrs. Marshall offered the tray to Sherman,
bending low to display more cleavage than necessary. “We can’t
distract you gentlemen from your important work now, can we?”

Sherman kept his eyes on her face and was
rewarded with a sly smile. When she offered Ellsworth the tray,
minus the deep bow, the two men traded a glance.

Sherman took a bite. “Mrs. Marshall, these
are extraordinary. We must keep them a secret, or I won’t be able
to get a room the next time I’m in your fair city.”

“
I’ll always have a room for you, Mr.
Sherman. How long do you think this visit will last?”

“
A while. Progress is
slow.”

“
But satisfactory, I hope.”

“
We may not discuss the proceeding,”
Ellsworth said quickly.

“
Of course. I didn’t mean to pry into
your business.”

Ellsworth broke off a piece of his fritter
and, before tossing it in his mouth, said, “We’re doing the
people’s business.”

Mrs. Marshall, looking guileless, said, “Then
perhaps the people shouldn’t be excluded.”

Ellsworth nodded. “The press is full of
remonstrations.”

“
I’m not talking about empty-headed
newspaper writers, I’m

”
Sherman’s laughter stopped her midsentence. “And what do you find
so amusing, Mr. Sherman?”

“
Nothing. Nothing at all.” Sherman
waved his hand toward Ellsworth. “Please, don’t let me stop you.
Enlighten the man.”

“
I speak my own mind,” she said, with
uplifted chin. “Your proceedings should be public.”

“
We’re not cooking fritters,”
Ellsworth said.

When Mrs. Marshall looked as if she might
reach for a fireplace poker, Sherman found himself laughing
uproariously. Mrs. Marshall stood akimbo and glared at the
dumbfounded Ellsworth. She waited for a quieter moment and then
said, “You may not be cooking fritters, Mr. Ellsworth, but whatever
you’re brewing smells foul.”

Sherman suddenly grew serious. “What’ve you
heard?”

Mrs. Marshall shrugged. “Discord. Your
concoction appears to have a tribal flavor.”

“
Delegates are talking?”

“
Not to us, but we see the bickering
in tavern corners.

“
Good to keep in mind. Thank
you.”

With an exaggerated curtsey, she said in an
overly sweet voice, “Far be it from me to instruct men of such
stature.” Mrs. Marshall started to leave, but then stopped and
looked at each man in turn. “Gentlemen, please remember: we must
live off your stew for a long time. Do a proper job.”

After she had left, Ellsworth scratched his
chin and asked, “Did I miss something?”

“
Yes.”

“
What?”

“
The opinion of an intelligent
woman.”

“
Women have no place in politics,”
Ellsworth said.

“
Thank God, or men would be
mincemeat.”

Ellsworth looked puzzled a moment, shook his
head, and then asked, “Was Pinckney proposing a compromise?”

“
I doubt it. The Virginians wouldn’t
entrust Pinckney to carry the mail. I suspect the idea sprang from
his own mind. Madison’s adamant for proportionality in both
houses.”

“
What do you think of Pinckney’s
suggestion?”

“
It doesn’t solve the problem. Do the
arithmetic.” Sherman washed the last of his fritter down with a sip
of tea. “The big states would still dominate.”

“
It might be better than pure
proportionality.”

“
Too early to surrender.”

“
Do we go on the
offensive?”

“
Too early to attack.”

Ellsworth looked Sherman in the eye and
asked, “What do you intend about Mrs. Marshall?”

“
I intend to enjoy her
cooking.”

Friday’s session started
with a reconsideration of the veto over state laws. The original
rule allowed a veto when state laws violated the Constitution.
Pinckney wanted to expand the scope to “negate all state laws the
national legislature judged improper.”

Madison seconded the motion. “I oppose the
use of force, and a veto provides the mildest means available to
enforce compliance with national measures.”

Gerry, as usual, was angry. “You mean to
enslave the states, as you do your Negroes. No overbearing
pundit—and there are enough of those around—would have thrown out
such a ludicrous idea. We’ll never accede to this notion.
Never!”