Tempest at Dawn (28 page)

“
Gentlemen, when England and Scotland
united, the Scot patriots cried that England would swallow tiny
Scotland. After they finally agreed to unite, the Scots were given
only forty members in the Commons and sixteen in the House of
Lords. A great inferiority!”

With a gentle smile and the timing of a
thespian, Franklin concluded his story. “But when the Duke of
Argyle came to government, he put so many Scots into civil posts
that Jonah swallowed the whale.”

Madison laughed with the rest of the
delegates. In a simple yet eloquent way, Franklin had once again
dissipated the passion in the chamber. He was not done, however.
Madison noticed that he held many more pages of prepared
remarks.

“
To this day, Parliament hasn’t
injured Scotland. Nor should the small states fear injury from an
energized central government.”

Franklin explained that under the single
vote per state rule, seven small states could override the majority
of people in the six large states. “Gentlemen, the large states
naturally resist having their property controlled by the smaller,
just as the small states harbor the same fear of the larger. We
need a just solution to this dilemma.”

Franklin presented a long and convoluted proposal
that based representation on tax contributions. The complexities
strained Madison’s ability to capture the essence of the scheme.
When the doctor finished, Madison wondered if Franklin meant this
compromise to be taken seriously, or if he merely wanted to talk
until he had diffused tempers. Whatever the case, the delegates
ignored his ideas and returned to the question of representation in
the legislature.

Pinckney quickly moved to clarify suffrage
in the lower house with new wording: “in proportion to the whole
number of white citizens of every age, sex, and, condition,
including those bound to servitude, and three-fifths of all other
persons not included in the foregoing description, except Indians
not paying taxes.”

This motion countered Sherman’s attempt to
split the large Northern states and the slaveholding South. When
Wilson seconded, Pennsylvania joined South Carolina in sending a
message that slavery couldn’t be used to rend their alliance.

Grabbing the floor, Gerry took a belligerent
stance, fists firmly planted on each hip. “I’m just an ill-informed
man from a small wayward state. Could someone familiar with your
strange customs please enlighten me? I seek an answer to a simple
question. Are blacks people or property?”

Gerry’s eyes flitted around the chamber, but
no one volunteered to “enlighten” him. “Gentlemen, property should
not be the standard for representation. The government doesn’t
represent land, buildings, and poultry. It represents people. Why
should blacks—which are unquestionably property in the South—be
counted, in whole or in part? This makes no sense. If we count
slaves, then what’s the proper count for cows, horses, and
hogs?

“
May I make a humble suggestion? If
you desire additional representation, free your slaves. We of the
simple North will then gladly count each black as a full
person.”

Gerry sat to a stunned audience. Gentlemen
used euphemisms to speak about sensitive issues. Gerry charged in
with no subtlety and little regard for propriety. Without further
debate, the large states passed the Pinckney amendment. Lower house
representation would be based on whites and a three-fifth count of
slaves.

Sherman immediately again moved that
the second branch should have one vote per state.
“
Everything
depends on this.
The smaller states will never agree to any plan that doesn’t
include equal suffrage in the Senate.”

Everything, Madison knew, meant continued
attendance.

Sherman’s motion went down to defeat, six to
five. Close, but the big state alliance held. New York had sided
with the small states because Hamilton had been outvoted by his two
fellow delegates. Governor Clinton’s stacked delegation had again
made Hamilton superfluous.

Hamilton’s motion that suffrage in the
Senate be the same as in the first branch passed with the same
alignment of states.

Madison recorded the vote with a huge sigh
of relief. Finally, this contentious issue had been put behind
them. If his alliance could pass these resolutions in the Committee
of the Whole, they could pass them when the convention reconvened.
Sherman had cleverly tried to use slavery to divide and conquer,
but the large states had worked out the three-fifths rule
beforehand.

This was no small victory. The states were
now diminished, and the national government could rule. The big
Northern states had representation based on their larger
populations. The price had been a partial count of slaves that gave
the South additional representation. This devilish deal achieved a
supreme national government based on a close approximation of equal
representation.

As the delegates began to rise after
adjournment, Washington stood and demanded attention with a simple,
“Gentlemen.”

Everyone held still or sat back down.

“
I’m sorry to report that one of our members
has been neglectful.”

Those who remained standing quickly retook
their seats.

“
So neglectful that he dropped a copy
of our proceedings outside this chamber.” Washington looked around
with a stern countenance. “By luck, it was picked up and delivered
to me this morning. I entreat you to be more careful, lest our
transactions get into the newspapers.”

Madison shivered. Early revelation,
especially of today’s victory, would ignite angry opposition.

Washington held the papers high above his
head. “I don’t know whose paper this is but let him who owns it
take it.” With that, he flung the paper onto the desk with a sharp
slap. Washington picked up his tricorn, firmly snugged it on his
head, and stormed down the central aisle and out the door.

Madison watched several delegates shyly
approach the desk and peek at the papers. Each showed obvious
relief as they turned to leave without picking up the notes.
Madison knew they weren’t his. His care in handling his own journal
exceeded the protection of his purse.

By the time he had organized his materials,
the chamber room had almost emptied. Curiosity drew him to the
notes. Shock gripped him. He recognized the handwriting. He whirled
around to find Robert Morris still in his seat. Washington’s friend
just sat there and gave Madison a sly wink. Working to keep his
composure, Madison returned to his table to pick up his valise. As
he walked out of the chamber, Madison thought that if the
Philadelphia Shakespearian Company ever needed another member, he
knew where they could find an accomplished thespian.

As Madison exited the State House,
he saw that Franklin’s charges had set his sedan chair down on the
sidewalk so he could talk with Washington. Neither seemed as happy
as they should be. Eager to hear about the little charade at the
end of the session, Madison walked over to the two men.

Bowing slightly, Madison said, “Doctor, I
want to thank you for your speech. It went far to dampen
emotion.”

Franklin lifted his head to look the
standing Madison in the eye. “Mr. Madison, we have made an immoral
pact. This slave issue will hamper ratification.”

Madison was taken aback. “Doctor, we had no
choice.”

Franklin paused. “Perhaps not, but that
doesn’t mean I have to like it.” He looked at each of the
slaveholders in turn. “Words pale next to action. I’m afraid this
rubs badly against my beliefs.”

Franklin looked sad as he laboriously
shifted his gout-ridden body. “I’m not deluded, gentlemen. I’m
quite aware I’ve been a party to this arrangement. It weighs heavy
on me.”

With a beckoning wave to his prisoners,
Franklin said, “You are both honorable and worked for the best we
could achieve, but I believe we’ll rue this day.”

As the prisoners lifted the sedan chair,
Franklin added, “Please excuse me, but I wish to return to my
courtyard sanctuary and take tea in private.”

Chapter 17

Wednesday, June 13, 1787

Sherman watched the sturdy-looking young man enter
the coffeehouse. Abraham Baldwin quickly made his way to Sherman’s
table.

“
Good afternoon, Abe,” Sherman said
with enthusiasm. “Thank you for joining me.”

Baldwin clasped Sherman’s upper arm with his
left hand as he eagerly shook with his right. “Anytime, anytime.
But thank you for picking an out-of-the-way establishment. Can’t
have my fellow delegates thinking I’m consorting with the
opposition.”

“
We certainly can’t have that.
Besides, I’m not scheming. I just want to talk to an old
friend.”

“
Ha, that’s a hoot.”

“
I’d never use a friend to advance a
personal agenda.”

“
Balderdash!”

“
Abe?” Sherman said with arms splayed
wide.

“
My God, man, don’t tell me you’ve
gone flaccid with old age. I’ve been looking forward to some
titillating intrigue.”

“
Maybe we’ll get to something later,
but first tell me, how’s life treating you in Georgia?”

After ordering, Baldwin said, “Georgia’s
backcountry couldn’t fit me better.”

“
You were never comfortable in the
city.”

“
New Haven’s a burg compared to
Philadelphia. I may never get this city stench off me. The Wilkes
County bumpkins may throw me to the Creeks on my
return.”

“
How goes it with the
Creeks?”

“
Bad. The Spanish provide them with
arms and sanctuary in Florida. We’re too spread out to protect
ourselves from their raids.”

“
So
to buy
security
,
you joined the
nationalist cause?”

“
You do have a scheme. Tell me. I
won’t help, but I surely do enjoy a good conspiracy.”

“
Abe, what ever caused you to see me
as a blackguard?”

“
Years of observation.”

The two men smiled at each other, relaxed in
the camaraderie of old warriors. Baldwin, born and raised in
Connecticut, had moved to Georgia just three years ago and quickly
established himself in the state’s political circles. Before he
left, Sherman and Baldwin had been fast friends. It helped that
both held uninhibited political ambitions.

Baldwin, only thirty-three, had had a varied
career. When Sherman held the post of Yale University treasurer,
Baldwin had been a student and tutor. Later, he became the minister
for the school. About the time Baldwin graduated, Sherman had been
awarded an honorary masters degree for his service and
contributions to Yale. In those prewar days, Baldwin had also kept
a running account at a store Sherman owned that catered to Yale
students and faculty. Baldwin, born to a blacksmith, and Sherman,
the son of a boot maker, found they had much in common.

After serving as a chaplain in the
Continental Army, Baldwin was offered a professorship in divinity
at Yale. He declined the offer, attended law school, and
established himself as an attorney in New Haven. Baldwin dabbled in
politics, entered the ministry, tried academia, practiced law, but
never found his niche. A brisk outdoor man, with little patience
for polite society, Baldwin finally decided it was place, not
profession, that disquieted him. Sherman was happy to see his
friend content in rural Georgia.

“
Roger, I’m glad you lead the
opposition. Your judgment will keep the convention from going too
far astray.”

“
I’m having trouble keeping the small
states tethered.”

“
You mean the threat to withdraw is
real?”

“
And imminent.”

“
Damn, that’ll bring ruin.” Baldwin
gave Sherman a hard look. “Why, you ol’ scoundrel, it appears our
reminiscing’s over. What’s bouncing around in that head of
yours?”

“
We need a compromise on suffrage in
the Senate. My people will acquiesce to the Virginia Plan only if
they have an equal voice in at least one house.”

“
Roger, I can’t sway Georgia. Even if
I vote with you—which I won’t—I’m only one vote amongst four. None
of the other Georgia delegates will accept your
compromise.”

“
Why won’t you vote with
me?”

“
I’m a Georgian now.”

“
I see.” Sherman signaled for another
cup of coffee.

Baldwin laughed. “You don’t give up, do you?
You ordered more coffee so you can continue to cajole me. You
nefarious old rascal, I’ll never yield. Never.”

Sherman grinned. “But you’ll listen?”

“
Blather away.”

“
Why do you find an equal vote in the
Senate so reprehensible?”

“
I don’t. In fact, I believe it’s in
Georgia’s interest. We’re sparsely populated and will be
disadvantaged by suffrage based solely on population.” Baldwin
swung around to sit sideways with his legs crossed. “Roger,
understand this, my delegation has sworn allegiance to
Virginia.”