Authors: James D. Best
Tags: #ben franklin, #constitutional convention, #founding, #founding fathers, #george washington, #independence hall, #james madison, #us constitution
“
I never imagined that you
would.”
“
Good night, Reverend.”
“
Yes, a good night.”
Chapter 16
Sunday, June 10, 1787
Dressed in a black suit, Madison strolled
with his hands clasped behind his back. Sherman trudged alongside,
his fists buried deep in the pockets of his sturdy brown coat.
Sherman withdrew a hand and pointed toward the Walnut Street
Prison.
“
Government must have a better purpose
than to build prisons for debtors.”
Sherman and Madison watched the prisoners
use poles to extend their hats out to passing churchgoers. A few
quickly dropped a few coins in the proffered hats, but most walked
briskly along toward their destination. Although the prisoners
accepted donations with jocular good wishes, they seemed to take
greater delight in throwing insults at those who ignored them.
“
It looks cruel,” Madison said, “but
the sanctity of contracts must be upheld.”
“
Many believe government shares the
blame.”
“
Nevertheless, government must protect
property.”
“
Shouldn’t a
good
government do more?”
“
A
good
government should be impartial when it
protects property.”
“
If the aim of government is so
elementary, why did you make it a life’s study?”
“
It took a life’s study for me to
discover that it was so elementary.”
“
Are you serious?”
“
Quite.” Madison smiled. “But I
entertain a broad view of property.”
“
How broad?”
“
Nations engage in war to protect or
acquire property—territory. Governments must protect property from
larceny and theft. If a man owns no land, commerce, or trade, he
still owns his liberty, and liberty is the most precious property
of all.”
“
In my experience, governments are
more inclined to threaten liberty than to protect it.”
“
Exactly. Tyrants shamelessly demand
tribute and obedience; while republics show a predilection toward
embezzlement
slowly snatching
liberty when attention is distracted. History records an
uninterrupted stream of states that deny liberty, confiscate
property, or enable some to swindle others.”
“
A gloomy outlook.”
“
That’s why I’m so passionate about a
sound design. In a republic, the majority rules, so the majority
can steal from those with fewer votes, be they rich or from another
region, commercial class, or religious faith. Democracies have
always been turbulent and short-lived, with violent deaths.
Theologians believe that by granting equal rights, they can
equalize possessions, opinions, and passions. They’re wrong.
Historically, democracies threatened liberty and property
rights.”
“
You believe your plan corrects this
tendency?”
“
The Virginia Plan balances power and
checks the erosive tendencies of republics.” Madison gave a shrug
and added, “But I’m accused of being too philosophical. Forgive me.
How’s the mood in your camp?”
“
We’ll be present Monday.”
“
Fairly noncommittal.”
“
On the contrary, attendance was not a
given.”
“
I see.”
“
We must compromise on
proportionality.”
“
We must not.”
“
James, we’re at a stalemate. One side
must give.”
“
We already have. The states may elect
the Senate.”
“
Not enough. Tomorrow I’ll propose a
single vote per state in the Senate.”
“
And I’ll oppose it.”
“
We can’t proceed until this issue is
resolved.”
“
Then you must accept proportional
suffrage. Fairness dictates it. The states will continue to exist
because of our vast territory, not because of an intrinsic right to
govern.”
“
My group doesn’t share your
view.”
“
Obviously. Your doggedness has kept
us from moving forward. We must become a single nation—a single
nation with its power derived directly from the people.”
“
We’ll insist on a single vote in the
Senate.”
“
You’ll lose. And isolated, you’ll
have no choice but to join us.”
“
James, please keep that smug
attitude.”
Madison whipped his head around. Sherman did
not make contentious statements. “You believe you can win?”
“
I believe politics, not philosophy,
will prevail.”
“
Votes prevail.”
“
That’s what I said.”
Madison, Hamilton, Randolph, and
Pinckney stood in a corner of Franklin’s serene courtyard.
Washington and Franklin had asked for a few moments alone after
church to converse in private, and the four men had given them some
distance. Madison feared that the two leaders had invited this
group over to Franklin’s home to gain agreement on a
compromise.
“
The whole thing may collapse: the
convention, the nation, our independence. How can I explain to the
people back home?”
“
Mr. Randolph, I’m sure your
exquisitely honed political skills will shield you from the
slightest blame for this debacle.” Pinckney spoke so smoothly that
Randolph looked unsure whether to take offense.
He decided to ignore the comment. “The small
states ruin every opportunity.”
“
We must ignore the little deeds of
little politicians,” Hamilton said.
“
Which little politicians are those?”
Pinckney teased.
“
Paterson, for one,” Randolph
huffed.
“
Yes, of course, those little
politicians.” Pinckney looked straight at Randolph with an impish
grin.
Randolph gave Pinckney a disconcerted glance and
turned to Madison. “Mr. Madison, must we tolerate this
obstructionism?”
“
Yes, Mr. Madison, can we not abandon
our traveling companions and leave them to the bears, the Indians,
and the European powers?” Pinckney showed far too much delight in
tormenting Randolph.
“
I’d like nothing better than to unite
only those states committed to republican principles, but others
disagree.” With this, Madison nodded toward the two men bent in
whispered conversation under the famed mulberry tree.
Madison rolled forward on his toes and
arched his back. His back ached from bending over his desk, and
stretching felt good. As he settled back on his heels, Madison
worried that he might be coming down with some illness.
“
We must avoid a partial union, or
we’ll see the same evils which have scourged the old world,”
Hamilton said.
“
Which evils?” Pinckney asked. Madison
noticed that his voice had lost the derisive tone he used with
Randolph.
“
War. Vicinity dictates a country’s
natural enemies. Only a fool believes separate nations wouldn’t be
fighting frequent wars.”
“
Surely war can be avoided,” Randolph
protested.
“
War is natural and the threat of war
devours liberty.” Hamilton’s voice took on a forlorn note. “The
most powerful influence on a nation’s conduct is safety. People
sacrifice freedom to feel safe.”
“
Americans don’t rely on government
for safety,” Madison said.
“
One day, they may. Autocrats slyly
build anxiety and fear, and then offer up government to protect
people from these shadowy threats. Each submission erodes
liberty.”
“
You paint a bleak future,” Pinckney
said.
“
No bleaker than Europe—and no
healthier.”
“
I can’t believe—”
“
Gentlemen,” Madison interrupted, “the
general is signaling us to come over.”
The four men immediately approached. Three
additional chairs faced the two seated men, so Madison waved the
others into the chairs and gratefully remained standing.
“
Good afternoon, General, Doctor,”
Madison said. “I hope this morning’s service was
enlightening.”
Washington smiled. “On the contrary, Jemmy,
I left completely befuddled.”
“
Were you visiting another church
again?”
“
The Dutch Reformed Church.”
Washington made a habit of attending different services to “broaden
his viewpoint,” but Madison believed he wanted to spread his
presence to as many voters as possible. “Gentlemen, don’t look so
distressed. I’m in no danger of becoming a proselyte. The sermon
was delivered in Dutch, so I didn’t understand a single
word.”
Franklin laughed while everyone else
politely smiled.
“
Religions are like a man traveling in
foggy weather,” Franklin said. “A man sees those at a distance
wrapped in fog, but near him all appears clear. In truth, he’s
shrouded in fog as well. A clever man strives to see things from
another’s vantage point.”
“
I believe you’ve cleared up a
mystery,” Pinckney said. “I believe some in our party stand fast in
a deep haze.”
Randolph went crimson. “Mr. Pinckney, that’s
enough. I don’t need—”
“
Gentlemen.” This single word from
Washington put a contrite expression on everyone’s face.
“
Dear Mr. Pinckney,” Franklin said in
a conciliatory tone, “you amuse only yourself. Let’s not spoil this
fine afternoon.”
“
My apologies. I referred to our
opponents at the convention, not to anyone present.”
“
Very well,” Washington said. “Mr.
Madison, we seem to be at an impasse. Do you have any
suggestions?”
Madison shook his head. “The small states
hold progress hostage to their petty ambitions.”
Hamilton looked smug. “Ambition, avarice,
and personal animosity operate on those who support, as well those
who oppose, the right side of a question.”
Washington ignored Hamilton. “How do we
break the deadlock?”
“
By remaining steadfast,” Madison
offered.
“
That seems insufficient. The small
states may retire. Noisily, I’m sure.”
“
They’ll remain.”
“
Speculation?”
“
No, I’m sure.”
“
How?”
Madison paused. He felt uncomfortable
revealing a confidence in front of so many. Deciding, he said, “I
spoke with Sherman this morning—privately.”
“
I understand.” Washington looked at
each man. “No one’s to mention this.” Everyone nodded. “The
situation may not be as dire as I had feared. But we must move
forward. The doctor has a compromise he has graciously offered to
present tomorrow.”
Madison tensed. “Sir, you don’t propose that
we sacrifice proportional representation?”
“
Not exactly,” Franklin said. “I’ll
propose equal representation based on equal contribution in
taxes.”
Madison hesitated, not sure how to raise
objections to a revered legend. “Equal contributions will bankrupt
the small states. Can you explain your scheme?”
“
I could, but you shan’t understand
it.”
“
Excuse me, sir—and I don’t mean to be
presumptuous—but if I can’t understand it, how will the delegates
understand it?”
“
I’m a befuddled old man. I often say
unfathomable things.”
“
Not in my presence.”
“
Kind of you, but untrue.” Then with
his trademark twinkle, Franklin said, “James, my dear boy,
sometimes a fire must be smothered, not doused.”
The doctor was right, Madison didn’t
understand. But since people he trusted had concocted the scheme,
he decided not to pursue the issue. He’d wait for events to
unfold.
Sherman opened Monday morning with
a proposal for one vote per state in the Senate, but then he threw
in a surprise. He said membership in the first branch should be
based on the number of free inhabitants. It was said in passing,
but everyone heard it. Madison thought this devilish. Sherman had
spotted the crevice in their alliance and had adroitly exploited
it.
An energized buzz filled the chamber. The
big state delegates conferred angrily or sat sour faced. Obviously,
tempers hadn’t cooled under the influence of Sunday services. The
endless seesaw of political maneuvering had filed emotions raw, and
Madison worried that the chamber was ready to erupt. With relief,
he saw Franklin take the floor. Perhaps the doctor had concocted a
formula that would extricate them from this mire.
Franklin spoke in an engaging and friendly
manner. “It has given me great pleasure to observe that until
proportionality, our debates were in good humor. We were sent here
to deliberate, not fight. Bold declarations neither enlighten nor
convince. Heated debate on one side begets hot responses from the
other. I originally hoped that every delegate would consider
himself a representative of the United States, rather than as an
agent of his particular state. Unfortunately, this is not the
case.