Tempest at Dawn (26 page)

Sherman finally received recognition.
“Mr. Madison says the national government must have the power to
stop unconstitutional acts by the states.” Sherman saw Madison lift
his eyes from his notes to look at him. “That resolve already
passed. Mr. Pinckney has proposed a broad enlargement. I request he
define
improper
, and I
further move to postpone until a definition has been
supplied.”

Wilson responded in an exasperated
tone. “It would be impractical to define
improper
. Mr. Sherman should be embarrassed to
use such an ordinary delaying tactic.”

Pinckney’s proposal failed seven to three,
and the assembly adjourned in a sour mood. As the delegates
departed, Sherman sensed a shift in mood and momentum. The
Virginians had suffered their first defeat with their loss of the
“improper negative” motion. In politics, victory turned on timing.
As Sherman gathered his papers, he wondered if this defeat provided
a vital signal. Was it time to counterattack?

Paterson started Saturday’s session by
pointing out that with proportional representation in both houses,
Virginia would have sixteen votes and Georgia one. “Gentlemen, I’m
prepared to give energy and stability to the federal government,
but the proposal to destroy state equality is astonishing.

“
Mr. Madison insists that New Jersey
sacrifice its suffrage. We refuse. What remedy is available?”
Paterson’s eyes flitted faster than a firefly. “Only one,
gentlemen. A map of the United States must be spread out and all
the existing boundaries erased. A new partition can then be made
into thirteen equal parts. The whole nation must be thrown into
hotchpot and equal divisions made. Only then can we have the fair
representation that obsesses our dear Mr. Madison.”

Titters of laughter sprinkled the
assemblage. Sherman grinned at the audacious proposal. Perhaps
ridicule might succeed where logic had failed.

Paterson voice grew stern. “The Articles of
Confederation are the proper basis for these proceedings. We must
keep within its limits or be charged with treason!”

Gasps escaped, but Paterson seemed
oblivious. With eyes darting, he continued in a prosecutorial tone.
“The people are not easily deceived. Mr. Wilson hints that the
large states might confederate among themselves. Let them unite if
they please, but they have no right to compel us to unite with
them. New Jersey will never confederate under the plan before this
committee. She would be swallowed up. I’d rather submit to a
monarch, to a despot, even to anarchy, than to such a fate!”

Madison showed obvious frustration. “If the
large states possess all the avarice and ambition charged, how
secure, may I ask, will the small states be when the national
government falls to ruin?”

The parameters of a stalemate were being
defined. The small states held off the assault of a more powerful
foe by threatening to quit the convention in a public fury. The
large states kept them in their seats by raising the specter of
chaos and inevitable absorption by the large states.

Wilson charged up the aisle and peered
over his spectacles directly at Paterson. “
Mr. Paterson
, you say you cannot accept
proportional representation. Are the citizens of New Jersey
superior to those of Pennsylvania? Does it require three
Pennsylvanians to balance one from New Jersey? If New Jersey
refuses to confederate on this plan, then Pennsylvania refuses to
confederate on any other!”

Wilson turned to the assembly at large and
spat, “If New Jersey refuses to part with her precious sovereignty,
then it’s futile to continue.”

Men shouted objections, chairs scraped as
some stood and others turned to their compatriots, and knots of men
suddenly gathered at the back of the chamber for impromptu
caucuses. The chairman gaveled to no use, until someone finally
shouted a motion to adjourn. A second came equally as loud, and the
men stopped clamoring long enough to vote. Upon adjournment,
everyone immediately vacated the chamber, destined for various
taverns where they could talk in private. Sherman was shocked at
how quickly the chamber took on the feel of a crypt.

The men sat around the table with
grim faces. Sherman, Ellsworth, Paterson, Dickinson, and Luther
Martin met in a private room at the City Tavern. Martin had arrived
from Maryland that morning. Although renowned as a skillful
litigator, Martin’s slovenly nature, verbose speaking style, and
fondness for drink offended Sherman. Despite his distaste, Sherman
had inducted Martin into their group. His alliance now included
Connecticut, New Jersey, Delaware, and Maryland. New York often
voted with them, but for selfish reasons.

“
It’s time to decide what we can
accept,” Sherman said.

“
To what purpose?” Paterson
asked.

“
To define the limits of compromise,”
Sherman responded.

“
Again, to what purpose? Wilson said
it all: further exertion is futile. We should quit. This convention
will imprison us.”

“
The convention has far to go before
it seals our fate. We can still manage affairs. The alternative is
dire.”

“
How dire?” Ellsworth
asked.

“
Civil war, perhaps, but I suspect the
Society of the Cincinnati will thrust an emperor into power
first.”

A few knowing glances darted around the
room.

Martin poured himself another brandy, the
third in less than half an hour. “If today’s an indication, this is
a waste of my time.” He threw the brandy down in a single swallow.
“I left a lucrative practice to listen to idiots.”

Dickinson’s face pinched in distaste. “I beg
your pardon, Luther, but we all left gainful endeavors to come
here. You trot into town and—”

“
And bring us much needed expertise in
political affairs,” Sherman interjected. “How do you suggest we
gain the upper hand?”

“
Against the haughty
Virginians?”

“
And their allies.”

“
Well,” Martin said, “it shan’t be
easy, but I’d like nothing better than to scatter the Virginians
back to their precious plantations. First, I’d …”

Martin droned on with no new ideas. He
talked endlessly, washing down hastily gnawed bread with huge
swallows of brandy. Within minutes, he had sprinkled bits of bread
all over his protruding belly. Sherman decided he must win his
cases by exhausting his opponents.

Tired of waiting for an opportune break,
Sherman interrupted. “Mr. Martin, I’m enthralled by your ideas, but
if you’ll excuse me, I’d like to discuss what we can accept before
we figure out how to get it.”

“
Splendid idea, Roger,” Dickinson
said. “Do you have a suggestion?”

“
A proposition,” Sherman said, as he
refilled Martin’s brandy. “Suppose we allow the lower house to be
proportional but succeed in getting one vote per state in the
Senate. Can we accept that?”

“
No!” Paterson said.

“
Think a minute, William. The Senate
will be more powerful, the state legislatures elect its members,
and senators enjoy a longer term. Doesn’t this provide sufficient
protection?”

Martin spewed a belch before saying, “You’ll
never get it.”

“
What if we did?”

“
Then we’d support the new
government,” Dickinson said.

“
Damned if
we
would!” Paterson shouted. “If we surrender,
we’ll be condemned for sedition and cowardice.”

“
William, if the states control the
Senate, we’ll remain secure,” Ellsworth argued.

“
Secure?” Martin boomed. “What about
sovereignty?”

“
Sovereignty follows might,” Sherman
said, irritated. “Can Maryland defend herself against enemies here
and abroad?”

“
We can take care of the supercilious
Virginians,” Paterson said, but he looked ready to fight the men in
this room. “They mean to gobble us up, and this convention is
rigged to follow their wind.”

Sherman held up the flat of his hand.
“Rigging can be altered. Remember, the big states lost the improper
veto clause yesterday. They suffered defeat, yet we wail and whine.
None of us expected an easy fight. Your states selected you because
of your character and will to prevail.”

Martin roiled in laughter. “Perhaps the
latter, my friend, perhaps the latter.”

Despite his crudeness, Sherman appreciated
Martin’s churlish diversion.

Paterson ignored Martin. “What about my
plan? Why won’t you let me present it? Why must we accept
theirs?”

Sherman marveled at Paterson’s use of the
personal pronoun. “John, I’m not suggesting we accept their plan.
I’m asking us to define what we can accept at a minimum, where the
limits are. You’ll present your plan, but as a counterweight.”

“
The New Jersey Plan is solid—and
within our instructions. Why can’t we have it?”

“
Because we don’t have the votes,”
Sherman said with firm finality.

The two men stared at each other. Paterson’s
challenge to his leadership had to be addressed, but not today. His
immediate concern was how to achieve a consensus that included New
Jersey. Sherman was wondering how to move Paterson, when Martin
surprised him.

“
As I understand it, the convention
has already determined that the state legislatures will elect the
Senate?”

“
Correct.”

“
Hmm … the lower house will be
proportional, elected by the people. If the Senate has one vote per
state, and the states elect senators, then I can probably sell the
new government to Maryland. If the remaining components make sense,
of course.”

Sherman turned a questioning look to
Paterson. Paterson scowled and folded his arms in front of him. “I
want something closer to my plan.”

“
And you can have it if you win over
delegates.” Sherman gave Paterson a moment to grasp the futility.
“We’re trying to define the minimum we can accept.”

Paterson glanced at Martin and then gave a
longer, harder look at Dickinson. Finally, his face muscles
slackened, and he unwound his arms, laying both palms flat on the
table. “All right, Roger. I don’t like it, but I’ll go along. With
Martin’s caveat. All the other components must make sense.”

“
Then we’re all agreed.” Sherman
didn’t wait for equivocation. “I’ll propose the compromise on
Monday.”

“
You don’t suppose they’ll buy it?”
Ellsworth asked.

“
Not on Monday, probably not next
week, but they will.”

Sherman entered Mrs. Marshall’s
house, weary from a long session and a seemingly longer caucus. On
their return walk, Ellsworth had been effusive in his praise for
how Sherman had handled their contentious group. Ellsworth seemed
energized; Sherman wanted to go to bed.

“
Mr. Sherman, what an opportune
arrival. May we talk a few minutes?” The voice belonged to
Witherspoon.

“
If we keep it short, Reverend. I’m in
need of a feathered mattress.”

“
If you don’t mind, Roger, I’ll retire
and let you two gentlemen while away the night.” Sherman watched
Ellsworth ascend the stairs, wearing a devious grin.

“
I have a bottle of brandy in the
sitting room,” Witherspoon said.

“
Then by all means, let’s join
it.”

After Sherman and Witherspoon had settled
and chitchatted for a few minutes, Sherman said, “I’m afraid I’m
very tired, Reverend. What’s on your mind?”

“
I think you should talk privately
with James.”

“
Why?”

“
He needs your help. I know how deft
you are in political matters. Young James needs a seasoned hand to
guide him.”

“
He has Washington, Franklin, and a
bevy of Virginians. He doesn’t need my counsel.”

“
He doesn’t need your
opposition.”

“
We have different aims.”

“
You have the same aim, only different
means.”

“
Nothing can be accomplished by our
meeting.”

“
Nothing can be harmed by your
meeting.”

“
Reverend, we both share an affection
for James, but I cannot accede to his plans.”

“
Politics tend to become uncivil. A
chat early on can open a door before it’s bolted tight. Perhaps a
compromise only the two of you could engineer could save the
nation.”

“
James won’t compromise his precious
plan.”

“
Nor, I hear, will you sacrifice
Connecticut’s sovereignty.”

“
You hear wrong. Connecticut does not
have the military might to claim sovereignty. I’m here to protect
Connecticut from being swept into oblivion.”

“
You believe the proud Virginians will
sacrifice their state?”

“
They think they’ll run the new
government.”

“
You’re more headstrong than I
expected.”

“
Headstrong, yes; shortsighted, no.”
Sherman pushed himself up. “I’ll see James.”

“
You’re a shrewd man.” Witherspoon
stood to signal that he had achieved his aim. “A dialogue between
the two of you is in the country’s interest.”

“
Reverend, I’ll not slip Connecticut
over to the large state side.”