Tempest at Dawn (33 page)

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Authors: James D. Best

Tags: #ben franklin, #constitutional convention, #founding, #founding fathers, #george washington, #independence hall, #james madison, #us constitution

BOOK: Tempest at Dawn
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The tower sat at the rear of the building
and extended upward an additional three stories. At the third-floor
level, they encountered an unfinished room used for storage. From
this point, the staircase lost its formal appearance and became a
rough-hewn narrow access to the belfry. As they neared the top,
Sherman’s labored breathing reminded him that he was no longer a
young man. Ellsworth threw open the door to the observation deck,
and fresh air chased a musty smell back into the recesses
below.

Sherman ducked his head and passed through a
miniature door to the tiny deck that circumvented the tower just
below the bell. A finely carved banister provided a convenient
handhold that helped Sherman control his fear of falling.


Spectacular,” Sherman
said.


You can see forever. I can’t wait to go up in
a balloon.”


You and Madison.”

Ellsworth looked puzzled but evidently
decided not to pursue the matter. “Roger, if the days stay nice,
you’ll have a tough time keeping me in that stuffy chamber.”


Then I’ll make a motion for inclement
weather.”


I’ll not second.”

Sherman laughed. “Take me on the tour.”


Yes, sir, but I insist on a
halfpence.”


With pleasure. This is the best
bargain I’ve encountered in all of Philadelphia.”

The terrace was so narrow that the two men
had to sidestep single file. They could see the entire city. As
they moved to the left, Sherman spotted Mrs. Marshall’s house.
Along the Delaware River frontage, countless ship masts serrated
the horizon, and Sherman could see the roof of the coffeehouse
where he had met Baldwin. The city had expanded from the river, so
buildings clogged most of the space between the water’s edge and
the State House. As they continued to circle, they looked directly
down on Franklin’s courtyard. Further to the left, beyond the
Robert Morris house, trees began to dominate the scattered
structures to the north and west.

As they returned to their starting point and
looked over the yard, Sherman said, “Oliver, Connecticut must vote
for the Virginia Plan in committee.”


You’ll get no argument from
me.”

Sherman tested the strength of the handrail.
“Our vote was the price of presenting the New Jersey Plan.”


You made the trade in advance? To
whom?”


Gen. Washington.”


I see.” Ellsworth flicked a bird
dropping off the banister rail. “Actually, I don’t see. What did we
gain from such a trade?”


We got to present our views and argue
our points, and we retained the leadership of the small
states.”

Ellsworth looked annoyed. “You mean, you retained
leadership of the small states?”


We work together.”


Evidently not all the
time.”

Sherman winced. “Oliver, I didn’t know what
price would be demanded, or I would have consulted you. Presenting
the plan was important. Now we can incorporate some of our ideas
into the final design.”


Not if we don’t garner more votes.
The convention alignment seems fixed.”


Nothing in politics is
fixed.”

Ellsworth raised an eyebrow. “Who’re you
seducing?”


The South. I need to break one state
free.”


Georgia? Baldwin?”


You scare me, Oliver. You’re
beginning to think ahead of me.”


Not likely. How far along are
you?”


Preliminary stage. The problem is the
other Georgia delegates. They’ll never come over.”


Convince them to go home.”


I’m inclined to send them
north.”


New York?”


Precisely. Haven’t figured how, but
I’m working on it.”


They’re congressmen. You’ll need
something so narrow that the other congressional members won’t feel
the need to return.”


Now you’re really scaring
me.”

Ellsworth flicked another bird dropping.
“How can I help?”


First, let’s climb down from this
crow’s nest. Intrigue should be garnished with ale.”

When a new day brought continued silence on
Hamilton’s proposal, the debate returned to the New Jersey Plan.
Sherman felt comfortable that they had successfully parried the
gambit.

Madison spoke first. “Gentlemen, the New
Jersey Plan calls for election of the national legislature by the
state legislatures. In Connecticut, the people, not the
legislature, chose their present congressmen.” Madison turned and
looked directly at Sherman. “Does Connecticut wish to snatch away a
right already awarded to her citizens?”

Sherman worked to keep his face impassive.
Madison knew how to skewer a weakness and hoist it up for all to
see. Sherman also caught an “I told you so” glance from
Ellsworth.

Madison walked to the New Jersey table. “Our
task is to build a new government,” He pointed at Paterson. “One to
replace the confederacy that New Jersey destroyed.”

Sherman had to smile. The little man spoke
with a gentle voice, but his words echoed with a resounding boom.
Madison sent ill-conceived positions flying like a well-placed
mortar shot scattered undisciplined soldiers.

With surprising swiftness, a resolution to
postpone the New Jersey Plan had been moved and seconded. Sherman
found himself in a quandary. Did this vote represent a test of his
promise to support the Virginia Plan? Sherman decided that it did.
The resolve to postpone passed, with only New York and New Jersey
voting against it.

Rufus King then moved to report out the
Virginia Plan. For all intents and purposes, this vote declared the
position of the Committee of the Whole. The Virginia Plan won the
vote with only New York, New Jersey, and Delaware voting nay.
Although he noticed a quizzical look from Dickinson, Sherman felt a
surge of relief. He had fulfilled his obligation to Washington and
rid himself of the obligation to support a flawed plan. He was now
free to focus all his attention on his grand compromise.

Hamilton gained the floor. He voiced
agreement with the Virginia Plan and claimed he had been
misunderstood the day before. Sherman felt sorry for him. He had
been used in a ruse that hadn’t worked. The Virginia Plan had been
approved by raw force, not finesse, and Hamilton had harmed his
reputation to no purpose. Sherman didn’t doubt that Hamilton
believed in the system he proposed, but as an astute politician, he
would’ve kept his beliefs to himself if not prodded by someone.

The regular convention would start the
following morning. The large states had won, but the small states
would never accept the plan as reported out. Something had to break
the stalemate. With the business of the Committee of the Whole
concluded, Sherman expected adjournment. Instead, King walked to
the short dais and stepped up.


Gentlemen, I hope tomorrow we can
focus on real issues. We seem to be stuck on the illusion of state
sovereignty.”

King was a handsome and engaging young man,
reputed to be an excellent orator. “State sovereignty is a myth,
and our progress depends on facing this fiction honestly.” After a
perfectly timed pause, King continued, “Do the states possess the
peculiar features of sovereignty? They do not.”

King stepped from the dais and walked down
between the delegates. “They’re defenseless, for they cannot raise
troops or equip vessels for war. The states divested themselves of
sovereignty when they joined the Confederation. I doubt the
practicality of annihilating the states, but much of their
remaining power must be taken from them. If a ‘union of the states’
has the right to establish a confederation, it also has the right
to consolidate a nation.”

Martin leaped to his feet and shouted for
the floor. Rufus King didn’t appear to be finished, but he gave
Martin an eloquent bow to signal his willingness to relinquish the
floor.


Gentlemen,” Martin sputtered in
controlled fury, “the separation from Great Britain placed the
thirteen colonies in a state of equality. They remain in that state
to this time. They entered into the Confederation on equal footing,
and we meet now to amend the Confederation on equal footing. I’ll
never accede to a plan that would introduce an inequality that
would lay ten states at the mercy of Virginia, Massachusetts, and
Pennsylvania.” Martin sat with a finality that reinforced his
resolve.

The chamber grew still. Hamilton asked to
speak. “I don’t believe the states were ever independent of each
other. Read our Declaration of Independence. You’ll find it a joint
declaration.”

Martin demanded to speak again. With
exasperation, Hamilton gave him a nod. “Mr. Hamilton, I’ve read the
Declaration of Independence. Have you, sir? It declares the
founding of these united States, with the word
united
spelled lowercase. Not a mistake, I
assure you.” Martin sat with a heavy plop that scraped his chair
across the hardwood planks and filled the chamber with a shrill
rasp.

Hamilton strove to look indifferent. “The
fears of the small states are overwrought. The three largest states
are separated by distance and interest.”

As Sherman listened to Hamilton, he realized
that the meeting had not adjourned, because the big states were too
excited to call it a day. Their victory caused them to impulsively
start the debate that really should have opened the next day’s
session. Sherman thought this foolish. Hamilton and his little
friend Madison seemed to believe that a bit of logic sprinkled in
the direction of the small states might seep into their simple
minds, and all would be well on the morrow.

They were wrong. The small states
would not be soothed by sham reassurances and sloppy
rationalizations. This battle for political power would turn on
votes

votes cast because of
heartfelt conviction, cajoling, or brutal barters.

Chapter 20
Wednesday, June 20,
1787

Madison’s pen stopped. Ellsworth started the day by
proposing an alteration to the first clause of the Virginia Plan.
His revision read, “that the government of the United States ought
to consist of a supreme legislative, executive and judiciary.”

The change seemed small, but the implications were
immense; it replaced “national” with “United States.” Was this a
signal? Connecticut had voted in committee for the Virginia Plan,
and now they had moved to strengthen the first resolve of the Plan.
Madison smiled. Connecticut had joined the large state alliance.
There could be no other explanation for them endorsing a supreme
“United States” government.

Midmorning sunlight beamed through the high windows
to brighten the far reaches of the chamber. Madison looked around
and saw a number of knowing nods and relieved faces. It looked like
emotion had finally been spent, and they could get working on the
great task that had beckoned them to Philadelphia.

Ellsworth went on to warn that irresolute
conventions of the people might tear down their work instead of
ratifying it. Madison noticed with relief that Ellsworth presented
his position with logic, not peevish partisanship. Reason had once
more enveloped the chamber.

Connecticut had come to accept that a constitution
would emerge from this convention, and they had begun to worry
about ratification. They were wrong to resist assemblies of the
people, but he could maneuver this last turn in their
conversion.


You look pleased.”


Sentiment rushes toward the Virginia
Plan.”


With alterations.”


Minor only, minor only. We’ll hold the basic
structure intact.”

Madison and Pinckney had left the chamber and were
walking back to the Indian Queen. Pinckney stopped short and looked
quizzically at Madison. “Do you consider one vote per state in the
Senate a minor adjustment?”


We can overcome that.”

As they started walking again, Pinckney said softly,
“James, I’d never presume to advise you, but it’s clear that the
continued cooperation of Connecticut depends on this
compromise.”


They’ll continue to move in our direction.
Last week, they obstinately supported an entirely different
plan.”


And this week, you appear the obstinate
one.”


A republic must be based on proportional
representation.” Madison quickened his step. “They’ll
yield.”


You’re mistaken.”

Madison smiled. “Not this time. Sherman controls
Connecticut, and I can control Mr. Sherman.”


You’re worse than mistaken; you’re a
fool!”

It was Madison’s turn to pull up short. “Do you
presume to lecture me?”


Lecturing a fool is a waste of
words.”


Mr. Pinckney, in our scheme, there’s no place
for the states. Ours will be a government of the people, not of the
states.”


You must let go of your zealotry.”


I am not a zealot. These are republican
principles, and basic principles cannot be compromised.”

Pinckney looked glum. “Then I fear this convention
shall come to naught. You risk everything for petty dogma.”


Petty dogma? Are you completely ignorant of
the great thinkers?”


Your great thinkers wrote from cloistered
quarters. We—on the other hand—reside in the barbed world of
political interests. Government is power. You must agree to share
that power with the states or risk going home with
nothing.”

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