Tempest at Dawn (62 page)

“
The South is less without slavery, you fool.
How would your plantation fair without slaves?”

“
I merely want the slave trade curtailed. No
one has raised emancipation. The South has quite enough
Negroes.”

“
Virginia does not comprise the entire South.
The rest of us need more slaves, and we don’t want to buy them from
Virginia.”

“
This idea that Virginia has too many slaves
is ludicrous. Where did it come from?”

“
So, our little master wants to enlarge the
slave population of Montpelier.”

Madison looked at his oatmeal and pushed it away. He
had inadvertently filled the bowl to the brim with maple syrup.
Madison looked at Pinckney. “You must admit the deal was weighted
heavily in your favor.”

“
I admit no such thing.”

“
No tax on exports, no import tax on slaves,
and slaves counted as three-fifths of a person. All in exchange for
a bastardized Senate.”

Pinckney made a show of sniffing his melon. “A small
price for empire.”

“
We’re building a republic.”

Pinckney dug out a spoonful of melon and poised it
in midair. “A small price, nonetheless.”

“
You must relent on this infernal importation
of Negroes.”

“
A small tax is acceptable, but in exchange,
we have other demands.”

“
What other demands?”

“
The obligation of every state to return
fugitive slaves. As it so happens, also part of the Northwest
Ordinance.”

Madison fumed. “Slavery cannot dictate every aspect
of our government.”

“
Why not?”

“
Because I won’t allow it.” Madison crisply
tapped one egg with his knife, and a perfect serrated circle
appeared one-third of the way down from the top of the shell. He
lifted the top off in a single twisting motion, swirled a knife
under the remaining shell bottom, and slipped the egg into a small
bowl. After he replicated the ceremony with a second egg, he lifted
his eyes to see Charles Pinckney wearing a bemused
smirk.

Madison listened as King read the report from
Sherman’s committee. King’s smooth voice wafted through the
chamber. “To make laws for organizing, arming and disciplining the
militia, and for governing such part of them as may be employed in
the service of the United States, reserving to the states
respectively the appointment of the officers, and authority of
training the militia according to the discipline prescribed.”

“
This turns the states into drill sergeants!”
exploded Gerry. “I’d rather disarm the citizens of Massachusetts
than submit to this despotism.”

Martin blustered with indignation, “Are you men
fools? The states will never give up control of the militia. How
will they protect their liberty?”

Madison sighed. Gerry’s and Martin’s negativism
exhausted him. He snapped his quill into his inkwell too hard and
jammed the tip. As he used his penknife to cut a new point on his
quill, King read the next clause. “The national legislature shall
fulfill the engagements and discharge the debts of the United
States and shall have the power to lay and collect taxes, duties,
imposts, and excises.”

Gerry remained in a snit. Shaking his head, he said,
“To not require assumption of state debts is tomfoolery.”

Sherman immediately said, “The First Congress can
decide the extent of the ‘debts of the United States.’” Before
Madison could turn his head, Sherman had already taken his seat.
Even for Sherman, the comment was unusually terse. Gerry’s
reflexive assaults on anything and everything must be frustrating
his adversary. Good.

Butler surprised Madison with an emotional outburst.
“If this compels payment to the bloodsuckers who took advantage of
our soldiers, then I strongly object. I insist we exclude
speculators.”

After some additional complaints about speculators
reaping a windfall, King proceeded to the next clause. “The Senate
of the United States shall have the power to make treaties, and to
appoint ambassadors, and judges of the Supreme Court.”

Gouverneur Morris move that the Senate should ratify
the treaties made by the executive, but the Morris modification
failed, and they called it a day.

Wandering into the barroom at the back of the Indian
Queen, Madison spotted Gouverneur Morris. Sliding onto the bench
across from him, Madison said, “I agreed with your motion.”

Morris looked up from a legal document. “That’s
because you’re a smart boy, James.”

“
I think I mentioned this ‘boy’ thing
before.”

“
Just a figure of speech. You must learn to be
less sensitive.”

“
I’ll talk to Gerry. He can instruct me on how
to shrug off little irritations.”

“
Ha, good, my boy.” Morris waved the barmaid
over to their table. Without asking, he ordered Madison a glass of
Madeira. After the barmaid scurried away, Morris said, “We must bar
the committee doors against malcontents.”

“
What committee?” Madison asked.

“
Oh, there’ll be another committee.
The
committee. I’m working to get us
both assigned.”

Many believed that political bodies debated issues,
voted, and that was the end of it. In truth, assemblies cobbled
together something closer to a rough draft. Committees smoothed
phrasing, added nuance, adjusted points, and even deleted great
volumes of verbiage. Their final committee would have inordinate
influence over the Constitution.

Madison felt chagrined. “I should’ve thought about
the next committee. Thank you.” Madison sipped his Madeira. “Do you
think it’s close? I feel like I’ve been in a death struggle for
months.”

“
Skirmishes, mere skirmishes. You must learn
to husband your energy for the coming Armageddon.”

“
That seems overstated.”

“
My bread and butter, my boy. Without
hyperbole, your hobbling friend would find himself without an
audience.”

“
You mean to entertain?”

“
I mean to ladle my bluster with a touch of
maple syrup.” Morris looked momentarily pleased, but his face
quickly grew serious. “The general wants unanimity.”

“
Wishful thinking,” Madison snapped, irritated
by Washington’s compulsiveness.

“
The doctor wants to discuss it
nonetheless.”

“
When?”

“
Shall we finish our Madeira and see if the
good doctor is lounging under his mulberry tree?”

As Madison circled behind the house, he was not surprised to see a
tired-looking Franklin sitting in a cushioned rocking chair under
his famed tree. The absence of guests did surprise him. Usually in
the late afternoons, admiring females or conniving men surrounded
Franklin. Today, when they rounded the corner of his house, they
had heard neither self-conscience giggles nor conspiratorial
whispers. The old man sat alone, quietly reading a book.

“
Gentlemen, please sit. May I offer you
lemonade or porter?”

“
We don’t mean to disturb your peaceful
afternoon,” Madison offered.

“
I chased away some people earlier, but only
in the hope that you two would visit.”

Morris swung a straight-backed chair closer to
Franklin. “You’ll never see me pass up your superb porter.”

John miraculously appeared, and Franklin gave him a
nod. Madison pulled his own chair closer to Franklin. “I understand
you wanted to see us together.”

“
We must plot the last scene in our little
drama.”

“
The final committee?” Madison
asked.

“
We’ll trust the two of you with that episode.
I was referring to the final vote.”

“
The general seeks unanimity?”

Franklin leaned forward. “Can we get it?”

“
No.”

Franklin leaned back and slowly rocked his chair.
“Even if not everyone in the chamber agrees, we think we can
finesse a unanimous vote of the states.”

Madison thought a moment. “What about New York?”

“
Hamilton will sign, but New York is not
officially represented.” Franklin stopped rocking and leaned
forward again. “Jemmy, who will refuse to sign?”

Madison knew that Washington and Franklin had
already discussed this question, so he took time to think through
the possibilities. “Gerry and Martin will refuse to sign. I think
Patrick Henry has warned Randolph not to sign. Mason worries me, as
does Gorham.”

“
Gorham! Why Gorham?” Morris
exclaimed.

“
Because he’s astute,” Madison said, pleased
with his companions’ startled expressions. “He knows Rufus is
solidly with us and Gerry adamantly opposed. It gives him the swing
vote. He’d be foolish to give that away without exacting a
price.”

“
My God, you’re right,” Franklin said. “What
will he demand?”

“
Something valuable to Massachusetts, I should
think,” Madison answered.

Franklin seemed to contemplate for a moment.
“Gouverneur, can we trust Rufus to intercede with Gorham?”

“
Normally, I would say yes, but this may
present too much of a temptation. They could collaborate to extract
the maximum price.”

“
Alex can get Gorham’s measure,” Franklin
said. “He’s supported him many times in Congress.”

When Morris gave a nod, the issue seemed settled.
John conveniently chose this time to bring out their drinks, and
Morris made a show of taking a long draw on the porter.
“Excellent,” he said.

Franklin smiled and then turned to Madison. “Do any
other states worry you?”

“
No. Martin can’t sway Maryland, and if both
Randolph and Mason bolt, the remaining Virginians will override
them.”

“
That’s our assessment as well. What do you
think it would take to get Mason, Randolph, Gerry, and Martin to
sign?”

“
Nothing political will move Gerry or Martin,
but the general might ask for a personal favor.”

“
Already broached with the general,” Franklin
said. “He might approach Martin, but he refuses to barter with
Gerry. What about Randolph and Mason?”

“
Mason’s a puzzle.” Madison took a sip of his
beer. “Randolph is easier to understand. A signature requires
commitment.”

“
Something he’s loath to do,” Franklin
said.

“
Exactly.” Madison set his drink down. “He
won’t sign.”

“
We should concentrate on Mason, Martin, and
Gorham,” Franklin said. “If we succeed with two or more, then we’ll
figure out if there’s anything to be done with Gerry and Randolph.”
Franklin looked in dire need of a nap, but he wasn’t done. “One
more item. Sherman must get Paterson back for the
signing.”

Madison shifted in his chair. “I’ll talk to
him.”

“
Good.” Franklin looked peeved. “As soon as
that whelp Paterson got the Senate he wanted, he ran home. Tell
Sherman the general and I insist on Paterson’s signature.” Franklin
raised his hand toward the house, and John appeared directly.
“Anything else, gentlemen?” the doctor asked.

“
Only that I’m beginning to worry about
Virginia ratification,” Madison said. “Patrick Henry is lining up
against it.”

“
Too far in the future for this old codger,”
Franklin said, as he rose. “We must first get an approved plan with
the appearance of unanimity before we worry about
ratification.”

“
Gouverneur counseled me to think further
ahead.”

Franklin winked at Morris and said, “This from a man
incapable of thinking beyond his next meal and wench?”

Morris rose and gave Franklin a gracious bow. “My
good doctor, I must object. My female companions are of a higher
class than wenches.”

Franklin’s eyes took on a glint that swept away the
fatigue. “Mr. Morris, in my considerable experience, the difference
between a lady and a wench has less to do with their position in
society than their willingness to be put in a compromising
position.”

As the three men laughed and bid their farewells,
John assisted his aging, gout-ridden master into the house. Madison
walked with Morris around the house and through the archway leading
to Market Street, once again marveling at how well the surrounding
buildings shielded the courtyard from the street’s bustle.

“
The doctor looked tired,” Madison
said.

Morris didn’t answer immediately. When he did, his
voice sounded more solemn than normal. “Our nation may never know
how fortunate it was to have him with us at this hour.”

On Saturday, King started by reading a committee
recommendation. “The importation of such persons as the several
states now existing shall think proper to admit, shall not be
prohibited by the legislature prior to the year 1800, but a tax may
be imposed at a rate not exceeding the average of the duties laid
on imports.”

Madison liked the proposal but suspected that
it went beyond what the South would accept. He was surprised when
Pinckney, instead of objecting, made a motion to change the
deadline for ending the slave trade from 1800 to 1808. Madison
winced when Gouverneur Morris angrily said that the clause ought to
be honest and use the word
slave
.

Sherman said, “I prefer the current wording.
The old Congress avoided the use of the word
slave
because it offends people.”