Tempest at Dawn (66 page)

“
Not worth the breath,” Washington said. “What
does Gorham want?”

“
Nothing,” Hamilton said. “Either he is a
stalwart believer, or he does not grasp the power of his
vote.”

“
I always thought he was an agreeable sort,”
Morris said.

Washington looked thoughtful. “Perhaps, but I’m not.
If Nathaniel chooses to pass up this opportunity, we’ll grasp it.”
Washington’s comment intrigued Madison, and he became riveted when
Washington looked directly at him. “Sherman got his equal
representation in the Senate; now we must throw some large state
weight to the House.”

“
How?” Hamilton looked puzzled.

“
One representative for every thirty thousand
people,” Madison answered.

“
Exactly,” Washington said. Madison struggled
to keep from beaming.

Morris twitched with excitement. “If we lower the
benchmark from forty thousand, the populous states will have more
votes.”

“
I presume you want Gorham to make it a
condition of his vote,” Hamilton said.

“
Your assignment, Alex,” Washington said.
“Massachusetts benefits, so it should be easy. But make sure he
understands that this must appear to be an ultimatum of his own
making.”

“
Consider it done.”

Washington looked around. “Anything else?”

Franklin waved at Madison, Hamilton, and Gouverneur
Morris. “We have three of the five members of the Committee of
Style. Any instructions?”

“
Yes.” Washington spoke earnestly. “Gentlemen,
do a superb job.”

On Monday, Gerry wanted to reconsider the way the
Constitution could be amended. As the clause now stood, two-thirds
of the states could request a convention to consider amendments.
After extensive debate, they decided a two-thirds vote by both
houses of Congress could also call conventions. Wilson then moved
to require a three-fourths majority of the states to ratify
amendments.

Rutledge interrupted. “I refuse to agree to a power
that might alter slavery.”

Damn slavery, Madison thought. Must it dictate every
issue? His mood didn’t improve when the amendment process passed
after they added a phrase that restricted slavery amendments until
after 1808.

Hamilton asked for the floor. Madison knew what was
coming and scooted his chair aside to get a view of at least a few
delegates. As Hamilton walked to the front of the chamber, Madison
marveled at how this small man, someone not much taller than
himself, could fill a room with his presence.

“
Gentlemen, we have nearly fulfilled our
obligation to design a grand republic. It’s time to turn our
attention to how our work is sanctioned. The plan must be sent to
Congress for their approval and then communicated to the state
legislatures for their approval and amendment.”

Randolph asked for the floor. “Last May, I presented
a set of republican propositions, but we’ve departed from those
sound propositions. State conventions should also be empowered to
offer amendments at a second federal convention.”

King said, “Congress loathes taking sides in a heady
dispute. We shouldn’t put our dear friends in such peril.”

After a few more hours of heated debate, Mason
requested that the motion lie on the table for a day or two to see
what steps might be taken to satisfy Randolph. Agreeing to table
the motion, the convention adjourned.

Gouverneur Morris made a motion with his hand that
Madison interrupted as a sign to gather around his table. By the
time Madison had packed away his notes and writing material,
Hamilton and King had already pulled chairs around the Pennsylvania
table. As Madison took a seat, he noticed that other delegates
lingered in small conversational groups, in no hurry to depart the
chamber.

Morris looked around and said, “We need to set a
meeting time and place. May I suggest my home in one hour? I’ve
done a count. There are twenty-three articles we need to mesh into
a coherent plan.”

“
We must aim for more than coherency,” Madison
said. “The plan must be eloquent.”

“
Make a purse out of a sow’s ear?” Hamilton’s
derisive tone grated on Madison.

“
The plan holds together better than I would
have expected,” Madison said. “Every article must be
defended.”

“
That’s the second time I’ve received such
advice,” Hamilton said in a distracted manner.

“
Who else?” Madison asked.

“
Never mind,” Hamilton answered.

The resolutions before them were a far cry from the
plan Madison had brought to Philadelphia, but they still overcame
the deficiencies of the Articles of Confederation. Besides, there
would never be another opportunity. They must all stand resolutely
behind this plan or surrender to a rapid deterioration.

“
I have an alternate proposal,” Morris said.
“With your consent, I’ll organize the resolutions and work on some
phrasing; then we can meet in the morning to edit my
work.”

“
Excellent,” King said. “When orderliness is
the goal, one man’s point of view exceeds a committee. Tomorrow
morning is soon enough.”

Madison felt disappointed that he hadn’t been
selected for the task. After all, he had put together the original
Virginia Plan. He kept quiet for one reason: he recognized that
Morris had a facility with words far beyond his tortuous turn of
phrase.

“
Gentlemen, I must get to work. I’ll see you
in the morning.”

After they stepped outside, Hamilton put his hand on
Madison’s shoulder. “It was your friend Sherman that advised me to
defend every word.”

“
Roger’s not a friend.”

“
Colleague then?”

“
Still a generous description.”

“
Our bickering resulted in a better plan. We
owe a debt of gratitude to the orneriness of Mr.
Sherman.”

Madison turned so that Hamilton’s arm fell away from
his shoulder. “He’s made his contributions.”

“
As have you, Jemmy. Your work has been
invaluable. If this odd thing we created finds glory, future
generations will revere you.”

“
And if it fails?”

Hamilton looked sad. “Then you and this fair nation
will be forgotten.”

“
Your estimation?”

“
I’m not content with every aspect of this
plan, but it is a damn site better than the Articles.” Hamilton
prideful face took on a determined look. “We must make it
work.”

“
Make it work?”

“
It provides the scaffolding to build an
empire.”

“
I prefer republic.”

Hamilton smiled. “A republican empire then.”

Hamilton gave out a low whistle. “Gouverneur, you’ve
outdone yourself.”

Madison had to agree. The twenty-three disjointed
sections had been ordered and logically consolidated into seven
articles. Awkward phrasing and stilted words had been replaced with
sentences that were clear and easy to read. It was the preamble,
however, that made the document appeal to patriotic urges.

They had gathered in Morris’s elegant parlor. After
coffee and tea had been served, Morris handed each man a copy of
his edited manuscript. Madison was startled. The cost of copies
would not noticeably deplete his purse, but where had he found the
time? He could tell by the poor quality that the documents had been
made by applying ink to glass so that an image could be transferred
to successive sheets of paper, but still the process took
hours.

Madison let the manuscript fall to his lap. “Our
ramblings look consistent and rational. You’ve done a masterful
job.”

“
Thank you for the compliments, but this is
hardly a finished document.”

“
Then may I make a suggestion?” King
asked.

The men shifted in their seats to face King.

“
The country is accustomed to the legislature
wielding sole power. An energetic executive is an innovation that
will frighten many. I suggest we reorder the articles so that we
lead with the legislature.”

In the Morris draft, the first article defined
executive powers. Madison immediately saw the advantage in changing
the order. The balance of the powers would be more evident to
people if they first saw that the legislature could hold the
executive in check.

“
Are you suggesting the executive article be
third?” Morris asked.

Hamilton stiffened. “The executive is the most
important. It cannot be relegated to the back.”

“
I was thinking second,” King said.

Everyone waited, and then Morris said, “I think that
improves the presentation.”

“
Since each branch is equal, I have no
objections,” Madison said.

Hamilton seemed tense. “It’ll make no
difference.”

“
I think it does,” Morris said. “The plan
remains the same, but the people will feel reassured if we give the
legislature prominence.”

“
You delude yourself,” Hamilton
said.

“
The price is insignificant,” King
interjected.

Hamilton shrugged. “Change the order. It won’t
change the substance, nor resistance.”

“
Shall we move on to phrasing?” Morris
asked.

They started with the preamble. After an hour, they
had made some minor refinements, and they all nodded when Morris
read the final draft.

“
We the people of the United States, in order
to form a more perfect union, establish justice, insure domestic
tranquility, provide for the common defense, promote the general
welfare, and secure the blessings of liberty to ourselves and our
posterity, do ordain and establish this Constitution for the United
States of America.”

The end result pleased Madison enormously. Morris
had dropped the listing of the states to give the power directly to
the people of the United States
. They had picked their verbs
with utmost care, using
establish
,
insure
,
provide
,
promote
, and
secure
to convey
emphasis and priority. He didn’t believe even Tom Jefferson could
have so succinctly articulated the source of authority and
functions of government.

It took them the rest of the afternoon and the
following day to go through the seven articles. When they finished
on Wednesday afternoon, Morris introduced another political
element. “We need to decide on how to address Congress. I suggest
we draft a separate letter.”

“
Congress has already been bought and paid
for,” Hamilton said.

“
Nothing can come unbound faster than a group
of self-serving politicians,” Morris said.

“
What are you suggesting?” King
asked.

“
Instructions to Congress on the measures to
put this Constitution in place. No leeway. A letter would carry the
authority of the entire convention.”

“
And what authority would that be?” Hamilton
asked.

Madison ignored Hamilton. “Why not include it in
Article VII?”

“
I believe it better done outside the formal
document. Separate, it carries more weight than something embedded
deep in a long document.”

“
It will carry more arrogance,” Hamilton
said.

“
What can possibly be more arrogant than
disbanding a duly established government and replacing it with one
of our own design?” Morris gave Hamilton an uncharacteristically
hard look. “We might as well go the next step and instruct Congress
on how to implement it.”

Madison shook his head. “I’d still feel more
comfortable adding the instructions to Article VII.”

“
We don’t need to burden future generations
with the gritty details.” This indirect endorsement came from
Hamilton.

“
I thought you believed it arrogant,” Madison
said.

“
I do.” Hamilton smiled. “But humility is not
one of my virtues.”

Madison looked around. The other men returned his
look. Now it was Madison’s turn to shrug. “Let’s draft it.”

When they had finished, Madison knew that the other
men had been right. The sequence of events to establish the
government would occur only once, and they deserved the special
attention bestowed by a separate document. The letter blandly
stated that the Constitution was presented to Congress for them to
forward to the states for ratification by conventions of the
people. After the conventions, the states were to notify Congress
of their assent or rejection. After senators and representatives
were elected, the electors would meet on the same date in their
respective states and forward their certified, signed, and sealed
votes to the secretary of the new Congress. The Senate would open
and count the votes.

The only sentence that bothered Madison was the
last: “By the unanimous Order of the Convention.” Unanimity was not
yet a given, and Congress might take umbrage at an order coming
from a mutinous convention.

With the Constitution ready to present, Madison
collapsed in exhaustion against the back of his chair. Despite his
weariness, he felt exalted. Five months ago, he had embarked on the
perilous course to overthrow a standing government without
bloodshed. A truly historic moment was within grasp. They held
before them a Constitution built clause by clause through debate
and deliberation that were sometimes raucous, but many times
thoughtful and principled. All that remained to seal its Lockean
legitimacy was for the general populace to ratify their work.