Authors: James D. Best
Tags: #ben franklin, #constitutional convention, #founding, #founding fathers, #george washington, #independence hall, #james madison, #us constitution
King explained that electors would vote for two
persons, one of which could not be from their state. The president
would be the individual with the most votes, and the vice president
would be the one with the second highest count. In case of a tie,
the Senate would select the president. The vice president would be
president of the Senate, except during presidential impeachments,
and the vice president did not have a vote unless there was a tie.
Upon death or incapacitation of the president, the vice president
would assume the office.
Randolph immediately asked for the floor. “If I may
beg the speaker’s pardon, how did the change in the electing of the
executive come about?”
Morris answered. “First, to avoid intrigue if
appointed by Congress. Second, to allow reeligibility. Third, to
establish an impeachment court separate from the election body.
Fourth, many wanted the people to choose. Fifth, to make the
executive independent of the legislature.”
“
I’m heartened to learn that the esteemed
delegate from Pennsylvania can count,” Pinckney said. “In like
mind, I will enumerate my objections. First, this process throws
the appointment into the Senate. Second, the electors will be
strangers to the candidates. Third, it makes the executive
reeligible.”
Baldwin recommended a postponement to give the
delegates an opportunity to digest the recommendations. Before
adjournment, the committee received another assignment: “to prepare
a plan for defraying the expenses of the convention.”
“
Washington wants another recommendation,”
Madison said at the beginning of yet another committee
meeting.
“
Will this interminable convention never end?”
Butler said, in exasperation.
“
What is it?” Sherman tried to sound
noncommittal.
“
He wants the national capital independent of
any state.”
“
What?” Butler bellowed.
“
The national capital will be a huge plum. See
how Clinton turned it to his advantage. Also, the general fears hot
political battles between New York and Philadelphia.”
“
Not if the general sides with Philadelphia.”
Morris waved his arm to encompass the room. “This city has a birth
right. The nation was invented in this building.”
“
You prove the general’s point, Gouverneur,”
Madison said.
“
This is Hamilton’s work,” Morris muttered.
The slight shrug meant he would not fight the motion.
“
Perhaps, but a good idea nonetheless,”
Sherman said. “We must get the capital away from
Clinton.”
“
To where?” Butler demanded.
“
Washington believes that should be left to
the First Congress,” Madison answered. “For now, we just make the
provision.”
Baldwin shook his head. “The Virginians want the
capital close by their plantations.”
“
This is not a Virginia plot,” Madison
blurted.
“
Perhaps not,” Baldwin said, “but the capital
will not be located in Georgia.”
“
That would make no sense,” Madison said in a
rare snit. “Georgia is at the extremity of the nation.”
“
By Jove, I think you’re right,” Baldwin said.
“Let’s get a map and see what state is at the center.”
“
That’s enough.” Sherman believed Baldwin had
a point, but he still liked the idea. He turned to Madison. “Do you
have wording?”
Madison handed Sherman a piece of paper. He read it
aloud. “To exercise exclusive legislation over such district (not
exceeding ten miles square) as may by cession of particular states
become the seat of the government of the United States.”
Sherman passed the page back to Madison. “I concur
with this. Unless someone objects, let’s move on.”
On Wednesday, the committee presented their complete
report. Sherman was a little startled to hear no objections to the
recommendation on the seat of government. Either everyone was eager
to take the capital away from Clinton, or Washington had discreetly
let it be known that this was his suggestion. Neither did anyone
object to their recommendation that they each be paid equal to the
compensation received by congressmen and that all of their expenses
should be reimbursed.
George Mason won an amendment to add high crimes and
misdemeanors to treason and bribery as causes for executive
impeachment.
Gerry opposed the idea of the vice president acting
as an ex officio head of the Senate. Sherman answered, “If the vice
president is not president of the Senate, then he’ll be without
employment—other than mischief, of course.” Sherman sat down to
enough laughter that he knew the vice president would be approved
when it came to a vote.
“
Can we take a walk around the
yard?”
Sherman looked up to see Hamilton. “Of course.”
When they walked out the central corridor and into
the yard, a warm sun and soft breeze greeted them. Sherman stopped
after he descended the steps.
“
Something wrong?” Hamilton asked.
“
No.” Sherman looked up at the line of elm
trees. “I’m just listening to the leaves rustle.”
“
I fear autumn will be upon us before we
finish our business.”
“
We’re close to the end.”
“
We merely approach a milestone,” Hamilton
answered.
With a long stride, Sherman started in a
counterclockwise direction. “What worries you?”
“
Ratification. New York and Virginia will be
difficult. If either opts out, it won’t matter if nine states
ratify. They’re large powerful states that will split the new
nation, both geographically and politically.”
“
You want something.”
“
Of course.” Hamilton had no trouble keeping
up with Sherman’s pace. “Will the small states ratify?”
“
Yes.”
“
No equivocation?”
“
None. How will you handle New York and
Virginia?”
“
Madison will go immediately to New York to
shepherd the Constitution through Congress, and then he’ll travel
posthaste to Richmond. He’ll also be the focal point for a
committee of correspondence to coordinate the states. Will you
join?”
“
Of course, but that’s not why we’re taking
this walk.”
“
We want your commitment to accept whatever’s
necessary to secure Massachusetts’ approval.”
“
What’s the price?”
“
Not yet determined.”
“
Then how can I commit?”
“
With faith that whatever price is extracted,
it is the lowest possible.”
Sherman walked for a few paces and then stopped
under a full elm tree. “Agreed.”
“
Washington wants more than Connecticut’s
commitment. He wants support from your coalition.”
“
I have no coalition.”
“
Of course you do.”
Sherman smiled. “You may give the general my
assurances.”
Hamilton nodded and they started walking again.
Sherman enjoyed the afternoon sun on his face. When they reached
the far corner of the yard, he posed a question. “Alex, Clinton is
sure to preside over the New York ratification committee. How do
you plan to win?”
“
Our first task is to win overwhelmingly in
New York City to counter Clinton’s rural delegates. John Jay is
already working toward that end. Beyond that, we’re still trying to
figure out a strategy.” Hamilton gave a small laugh. “Any
suggestions?”
“
Find a way to use Madison.”
“
We’ve already had discussions. Anything
else?”
Sherman stopped walking again and faced Hamilton.
“Don’t equivocate. Defend every word.”
“
Do you believe every word is worth
defending?”
“
I do.” Sherman looked toward the State House.
“When I first arrived, I wrote my wife that I was about to engage
in a battle with desperate and able men. I’ve moved a long way
since that day. The country’s dire situation instilled the
desperation.” Sherman looked back at Hamilton. “But I was also
right about the assembly being able. These are fine men dedicated
to doing justice to our grand republican experiment. We toiled,
argued, and sweated over each clause until it was the absolute best
we could bequeath to our nation.”
Sherman resumed walking. “Alex, defend every
word.”
“
Where do we stand?” Washington asked
briskly.
Washington, Madison, Hamilton, and Gouverneur Morris
once again enjoyed Franklin’s hospitality under his mulberry tree.
On Saturday, the convention had made numerous minor modifications
but had eventually approved the report from the Committee on
Postponed Matters. Madison had been elated when they appointed a
Committee of Style to organize their resolutions into a final
document.
After an uncomfortable silence, Hamilton attempted
to answer the general’s question. “Sherman says the small states
and the South will vote for the plan.”
“
I assumed
that
.” Washington took a sip
of Madeira.
Morris shifted in his seat. “Luther has agreed to
fade away. He’ll depart before the signing ceremony.”
“
That merely transfers his objections to the
Maryland ratification,” Washington said. “Please stop avoiding the
issue.”
Morris cleared his throat. “I’m sorry, sir, but
we’ve made no progress with Randolph or Mason.”
Washington leaped to his feet. “Goddamn it, Randolph
presented the plan. Can we not make him see reason?”
Madison cringed but dove into the maelstrom anyway.
“I believe Patrick Henry put the fear of God in him.”
“
Henry is not a god,” Washington barked with a
vehemence that made everyone flinch.
After a still moment, Morris asked, “Have you
informed him of that fact?”
Washington whirled on Morris and gave him a
withering stare. After a moment, he took his seat and asked mildly,
“What will induce them to support the plan?”
“
Are you sure we should make further
entreatments?” Hamilton asked.
“
Loud dissent from the convention threatens
ratification.” Washington slammed his fist against the arm of the
chair. “Goddamn it, I want unanimity.”
Morris fidgeted and then said. “They insist on state
conventions that can offer amendments for consideration at a second
national convention.”
Madison almost bounded out of his seat. “No! Another
convention will unravel our work instead of darning holes.”
Hamilton said evenly. “We must abandon these two. We
still have a solid Virginia.”
“
Virginia solid?” Washington said in a testy
voice. “Without the governor?”
Madison knew why Washington was so angry. He
understood Randolph’s tendency to vacillate but had insisted on
having him present the plan in an attempt to buy his commitment.
Nothing made the general more furious than one of his schemes going
awry.
Franklin interceded with a question meant to return
the general to a more reasoned discussion. “General, are you
unconcerned with Mason?”
“
Concerned, but fatalistic. The Grand Lord of
Gunston Hall deigns to withhold his consent to any government that
fails to make room for him.”
Madison thought Mason might have loftier objections,
but then he remembered his disagreeable conversation with him
nearly three months ago at the Robert Morris ball. He had been
irascible ever since.
Washington stiffened into a posture reminiscent of a
primeval oak that had weathered innumerable storms. He turned to
Hamilton. “Alex, make a motion that gives the states authority to
propose amendments.”
“
No!” Madison could not help
himself.
Franklin put a hand on Madison’s arm. “It won’t
pass.”
“
It’s too dangerous,” Madison said.
Washington’s angry face dissolved into something
worse, a condescending expression that deeply wounded Madison. The
same look his father used, it never failed to make him feel
inadequate.
“
Let me explain, if I must.” Washington leaned
a tad closer. “We spoke of Henry and his exalted opinion of
himself, but make no mistake: he’ll be a powerful figure in
Virginia’s ratification. When facing a powerful foe, you first
isolate him from his alliances.” Washington gave Madison a stern
look. “This may not work, but the risk is minimal. We can tell
Randolph we tried to meet his demands, but the convention thwarted
our effort. It should give him the political cover he
seeks.”
Washington settled back in his seat and took another
sip of Madeira. “If he still refuses to acquiesce, then I shall
bribe him with an important position in my administration. We must
deny Henry the governor’s support.”
Madison felt chagrined. He knew Washington disliked
explaining his connivances. He also understood that he had just
witnessed politics played on a scale he would need to learn if he
wanted to play a role beyond resident logician He tried to keep his
face blank as he said, “I understand, sir.”
“
Excellent. Now, Ben says that you made an
astute observation about Massachusetts. I appreciate your bringing
that to our attention.”
“
Thank you, sir.” Having just received praise,
Madison hated to bring up the next point. “Gerry wants an easier
amendment process, but if we give it to him, I believe he’ll still
refuse to sign.”