Tempest at Dawn (20 page)

“
Thank you, Mr. Randolph, for sharing your
succinct insight and unparalleled wisdom,” Butler said as he took
his seat.

Madison blanched at the clumsy, capitulating
exchange. Each element of the plan must be explained by stressing
the harmony of the entire system. Madison realized that Randolph
didn’t understand what he had presented. He again wished that a
better spokesman had been chosen.

Thankfully, Wilson helped the convention move beyond
the embarrassing moment, but after a reasoned preamble, he startled
Madison with his conclusion. Peering over his glasses, he said,
“Gentlemen, I oppose both election by the state legislatures and
election by the first branch. The second branch must be independent
of both. I strongly urge the popular election of both
branches.”

The resolution had been crafted to appeal to a broad
alliance. The states nominated and then the first branch elected
senators from the slate of candidates presented by the states.
Butler argued for the election by the states, while Wilson
supported election by the people. These two men were supposed to be
members of Madison’s alliance, yet they attacked a crucial element
of the plan from opposite directions. Keeping people in line was
proving more difficult than Madison had expected.

The vote, when it came, brought additional
surprises. The first, and most devastating, was its defeat, seven
against three. Frustrated, Madison scratched,
So the clause was disagreed to & a chasm left in this
part of the plan
. He ended the entry with a harsh,
oversized exclamation point.

Madison walked the yard with Washington. Actually,
the general sauntered while Madison’s short stride caused him to
scurry like a child trying to keep up with an unmindful parent.

“
Jemmy, I’d like you to rethink the sixth
resolve.”

“
Excuse me, sir. We all agreed.”

“
I’ve changed my mind.”

Madison felt alarm. “Deleting the sixth resolve guts
the plan.”

“
Just one section of it.”

“
Which?”

“
The use of force against members of the
union.”

Surprised, Madison said, “General, with all due
respect, you, more than anyone, must understand the need for this
provision.”

“
I understand the frustration that motivated
some to include the clause.”

“
You endorsed it.”

“
A government cannot make war on its
members.”

“
General, please. You’ve suffered the defiance
of the states. You fought the Revolution with blood while the
states ignored your pleas for the barest of
necessities.”

“
I would never have turned my army against a
state to collect their levy.”

“
A single frigate could’ve easily forced the
states to pay.”

“
Mr. Madison, I would’ve won the war but lost
the point of going to war.”

Madison was stunned by the general’s sudden
intensity. All of this had been arranged in advance. Governments
needed money like fire needs wood. An enfeebled Congress had been
unable to make the states pay their quota, even when British troops
stood ready to kill their sons. After the peace, collecting revenue
had become even more difficult.

Madison believed it imperative that the new
government should wield enough power to compel payment. And
Washington had agreed until now. What changed his mind? Perhaps the
threat from the Society of the Cincinnati made him question the use
of force. Perhaps Delaware’s threat to tear apart the convention
made him cautious of proposing too much national power. Perhaps the
dissension within their alliance had given him pause.

Madison risked igniting Washington’s notorious
temper. “General, sir, fairness sometimes requires a government to
use force.”

“
I can’t imagine armed action for a concept as
vague as fairness.”

“
If I may, the Articles of Confederation
punishes those who do right. Those who pay subsidize the indolent.
Force, used judiciously, can right wrongs.”

“
Find another way.”

“
No parliamentary trick can substitute for
force of arms.”

“
I’ll have no part of a government that can
wage war against its citizens. You’re a smart lad. Figure something
out.”

“
Of course, sir. I shall think about
it.”

“
Mr. Madison, you may think about it all you
want, but you’ll withdraw the clause immediately.”

“
Yes, sir.”

After the recess, the convention began to deal with
the powers of the legislature. The first few measures passed
without debate, and then the secretary read, “Legislative power in
all cases to which the state legislatures are incompetent.”

Madison cringed to see Butler take the floor.
“I’d like to call on Mr. Randolph to explain his meaning of
incompetent
.”

Barely rising, Randolph almost shouted,
“I disclaim any intention of granting vague
powers to the national legislature. I oppose any inroads on state
jurisdictions. My opinion’s fixed on the point.”

He sat with a stern finality that belied his fear.
Could the South Carolina intrigue have no greater purpose than to
bully Randolph until he caved? As Madison gained the floor, he
wondered if it could be that simple.

“
Gentlemen, our deliberations over the last
two days have been acrimonious. Delegates have challenged other
delegates’ honorably held positions.” Madison quickstepped across
the chamber as he continued to speak. “We must succeed in our noble
effort, and I shall not shirk from anything necessary to form a
sound republic, one with the authority to provide for the safety,
liberty, and happiness of our great nation.” He abruptly stopped
his rapid pacing and caught the eyes of the delegates. “I plead
with you to do the same.”

Madison returned to his seat to record the vote. The
motion to give power to the national government in all cases where
the states were incompetent passed. Again, Connecticut divided.
Madison wondered if he could exploit this apparent rift within the
Connecticut delegation.

Next, a clause that gave the national legislature
power to veto state laws passed without debate.

Late in the day, Madison took the floor to say that,
upon reflection, he no longer supported the use of force against a
delinquent state. He asked for a postponement of the resolution.
Everyone was eager to leave, and postponement passed without
dissent. The long session thankfully ended.

Madison hunched over his desk to rewrite the day’s
notes. The task proved more daunting than he had expected. He
worried for his health. Always sickly, Madison constantly
inventoried his physical condition, fearful that some debilitating
illness might get in the way of his mission. He paused to sip his
wine and wondered if this private journal would document the
founding of a republic or end up as discarded refuse. It could go
either way. He refused to entertain the idea of failure, so he bent
again to his task.

A soft knock interrupted him. Opening the door, he
was surprised to see Randolph. “Edmund, please enter.”

“
Thank you, James. I'm sorry to bother you,
but I need your help.”

“
Of course, what can I do for you?”

“
I want to be relieved of my duties as sponsor
of the Virginia Plan. You must assume the mantle.
I’m

”

“
Please don’t let this minor harassment
intimidate you.”

“
Minor? Are you deaf?”

“
No, no. I’m sorry. I misspoke. Of course the
attacks were not minor. They were

”

“
Reprehensible!” Randolph paced the small
apartment. “This is your plan. You defend it.”

“
Edmund, you’re already in the forefront.
There’s no way we can undo the opening sessions.”

Randolph took a handkerchief from his pocket and
wiped his forehead. “Then you must talk to your friend, Charles
Pinckney, and insist that he and his colleagues desist.”

“
I can’t control Charles. And I would hardly
call him a friend.”

“
Then why are you always with him? I see you
two scheming together all the time.”

Madison laughed. “I wish you could hear our
conversations. He may embarrass you in public, but he pillages me
in private. No, I cannot appeal to our rogue delegate. He’s beyond
my reach.”

“
Whose reach is he within?”

Madison motioned Randolph into a chair. Randolph
reluctantly quit pacing and sat down. Madison leaned forward,
rested his elbows on his knees, clasped his hands, and held
Randolph’s eyes.

“
Edmund, I believe the South Carolina
delegation works in unison. This morning, I upbraided Charles for
yesterday’s behavior. Today, he quelled his devilish tongue, but
Butler adopted his tactics. What do you think they’re
after?”

For the first time, Randolph looked thoughtful. “It
must relate to their slaveholdings.”

“
My guess as well.”

“
They back our coalition only to a point.
They’ll support us until they perceive a threat to their
property.”

“
I believe you’re correct. Today, Congress is
controlled by the North eight to five, but legislation requires
unanimity, so any slaveholding state can block threatening bills.
Under our plan, Congress is proportional to population, with no
state veto.”

Randolph continued to appear thoughtful. “They fear
the strength of the North under a new government. That’s it. But
we’re slaveholders and we harbor no such fear.”

“
What’s different between Virginia and the
Deep South?” Madison asked.

Randolph paused a minute. “We’ve outlawed the slave
trade. They fear restrictions on the importation of new
slaves!”

“
Very astute. I’ve always been impressed by
your political instincts. Now that you’ve deduced the real issue,
we should be able to figure out a way to mitigate their fears. I
suggest we call a Virginia quorum and use our collective wits to
herd South Carolina back into the barn.”

“
Agreed, as long as I am not a principle in
the assault.”

“
We won’t plan an assault. We must find
enticing bait to lure them in.”

“
James, I don’t want to be in the foreground.”
Randolph stood to leave. “My career on stage is at an
end.”

Madison escorted Randolph to the door and then
poured himself a half glass of wine. He uncorked a ceramic jar and
poured a generous amount of white powder into the glass. He had
heard that some people took medications with water, but his health
was far too precarious for that kind of risk. Swirling the wine
with his finger, he swallowed it in a single gulp.

He knew what caused his discomfort. He had promised
Witherspoon to end the slave trade, but he had just told Randolph
that they must assure South Carolina that this convention wouldn’t
interfere with the trade. Madison poured a splash of wine into the
glass and whirled it in tight, fast circles. He discarded the swill
into the chamber pot and poured another portion into the glass.
This time he filled it to the brim.

Chapter 13

Saturday, June 2, 1787

Responding to a light knock, Sherman opened the
door.

“
Come in, Oliver.”

“
Would you rather talk in the sitting
room? We can have tea.”

“
No, this is private.”

“
Problem?”

“
Let’s sit.”

Each moved to his customary place, Sherman
in the threadbare easy chair and Ellsworth striving to find a
comfortable position in a ladder-back chair. Friday’s and this
morning’s sessions had been uneventful, dry and inconclusive
discussions of executive powers. As they were leaving the State
House, Sherman had asked Ellsworth to visit him in his room after
they returned to Mrs. Marshall’s.

“
Oliver, what’s bothering
you?”

Ellsworth looked down, then met Sherman’s
eye. “You mean my votes on Thursday?”

“
And Friday.”

“
The issues yesterday were
unimportant.”

“
It sent signals of disunity in our
delegation.”

“
Are you suggesting that we must be
unified in all of our votes?”

“
Yes—if we’re to influence this
convention.”

Ellsworth pulled out his German-made
snuffbox. This action started an elaborate ritual that would take
several minutes. Ellsworth wielded his snuffbox whenever he wanted
to stall.

Growing impatient, Sherman said, “Oliver,
I’m not suggesting you blindly follow my lead, only that we work
together. Explain your position. Perhaps I’m the one in error.”

“
Roger, you know I respect you.”
Ellsworth stopped, fidgeted a moment, and then said, “I’ve modeled
my life after you. Normally, I’d never question your
judgment.”

“
But you do now?”

“
You obstruct every move. You fight
every point. Must we abandon everything we fought for in the
Revolution?”

“
I don’t follow.”

“
We fought the Revolution so we could
control our own destiny, choose our own government. Now
everything’s falling apart. We must come out of this convention
with a strong national government.”