"Iconoclasm is such a popular pastime among the left, that one shudders
at the thought of the sound bites that might emanate from this book if
the usual gang of dead-white-man bashers (Katie Couric, Michael Moore,
et al) takes a liking to it. But this realpolitik reassessment of the
1787 Constitutional Convention in Philadelphia -- far from demonizing
the framers -- infuses them with a fullness of character that would tend
to support a face-value reading (that is, a conservative interpretation)
of the Constitution. In the legendary view of the Convention -- the one
we receive in school, on television and in most works of scholarship --
the debates surrounding our founding document constitute nothing less
(or more) than a four-month colloquium on political philosophy conducted
by the greatest minds since the golden age of Athens.
The issue
of slavery could be but a footnote to such lofty proceedings. But in
this week-by-week, sometimes day-by-day, chronicle of the Convention,
Constitutional scholar Lawrence Goldstone brings forth a much different
picture. To be sure, the grand philosophical colloquium did take place.
However, this phase of the Convention, marked by an abundance of
civility and graciousness, occupied only the first four weeks. The
following 14 weeks -- marked more by sniping and sarcasm -- is where the
real work was done, and the issue of slavery was central to
it.
The first and largest conflict to be engaged was how the two
legislative houses would be apportioned. Either or both houses might
allocate seats by population, by wealth, by property-ownership or by
state. Small (in population) states favored the status quo
vote-per-state formula of the Articles of Confederation. Larger states
wanted more equitable representation for their more numerous
citizens.
Southern states, which were large if slaves were
counted but small if they were not, opposed any arrangement that would
give the North overwhelming numbers in the legislature. The civility of
the early weeks gave way to bitter contention with charges and
countercharges of power-mongering, and threats from all sides to walk
out. It seemed on a number of occasions that the Convention would
collapse.
The great compromises over apportionment gave us the
population-based House and state-based Senate, but it also left the
Constitution with its most shameful legacy -- the three-fifths clause,
which, parse it as you might, defined a slave as 60 percent of a human
being. The ramifications of slavery did not end there. They spilled over
into the debates on taxes, imports and exports, the census, the
electoral college, the definition of treason, admissions of new states
and even the question of future amendments. As a result, the impact of
slavery can be seen in four of the seven articles of the
Constitution.
What makes Mr. Goldstone's book engaging is that
he does not marshal these facts to disparage the framers, but to restore
the Convention -- and hence, the Constitution -- to human proportions.
In doing so, he creates a riveting drama, where the outcome of the
Convention is never certain.
Mr. Goldstone's stated purpose is to
"clear away the gods and heroes" so that we can get a sense of what it
would be like to "walk in the door" of Independence Hall with the
delegates. He accomplishes this task with economy and verve by weaving
together biography, historic context, salient passages from the debates
and stories of the alliances forged among the delegates during
after-hours meetings in Philadelphia's inns and
taverns.
Fifty-five delegates from 12 states participated in the
1787 Convention, yet only four -- Madison, Hamilton, Franklin and
Washington -- are names that are popularly recognized; and these four
are much more than names to us, they are the marbleized icons of our
national consciousness. Yet, as Mr. Goldstone shows, Franklin and
Washington were present mostly to lend their venerability to the effort
and had little impact on the actual proceedings. Madison and Hamilton,
though the chief engineers of the conclave, waned in influence after the
initial 'philosophical' phase.
Refreshingly, Mr. Goldstone does
not dwell on the marbleized founders. Instead, by shifting the focus to
the key players among the other 51 delegates, he puts a more human face
on the Convention. While it is difficult for us to overcome our heroic
images of a Washington or Franklin, it is easy enough for us to believe
that men whose names we don't recognize -- men like Elbridge Gerry,
Rufus King, Luther Martin, Gen. Pinckney -- are ordinary mortals with
virtues, vices, ambitions and economic interests, that just might have
affected their decisions.
Through incisive biographical sketches
of many of these unknowns, Mr. Goldstone helps us to appreciate the
complexity of motives at work that summer in Philadelphia. Of the
economic factors of the time, the competition to settle Western lands
was dominant, equaled only by slavery.
Concurrent with the
Philadelphia Convention, the Confederation Congress, meeting in New
York, passed the Northwest Ordinance, a major piece of legislation that
not only favored Northern land speculators over Southerners, but
completely outlawed slavery in the territory north of the Ohio River.
Yet astonishingly, this legislation met with unanimous approval from
Southern congressmen.
Meanwhile in Philadelphia, the Northerners
accepted the numerous pro-slavery provisions into the Constitution.
Travel was constant between the two cities, and many of the Convention
delegates were also members of Congress who made the trip to and from
New York at some point during the Convention. Thus historians have long
suspected a quid pro quo, though no one yet has been able to
definitively document it.
Of the strange-bedfellow coalitions
that formed among the Convention delegates, Mr. Goldstone focuses
special attention on the alliance between South Carolina's John Rutledge
with Connecticut's Oliver Ellsworth and Roger Sherman. He credits them
with crafting the compromises that carried the Convention over potential
collapse and brought it to a successful conclusion.
Many of the
framers were personally pained by the slave question, and all were
acutely aware of the moral taint that slavery would cast upon a
Constitution of free men. As a result, in their debates they constantly
resorted to euphemisms such as "this unique species of property" or
"this unhappy class;" and in preparing the final document, they
studiously avoided using the terms "slave" or "slavery." The most famous
denunciation of slavery during the Convention came from George Mason,
the owner of more than 300 souls, who was the author of the Virginia
Declaration of Rights from which the Bill of Rights was
adapted.
The story of this deal-making, conflict-ridden Convention
with quirky characters and inexplicable paradoxes, has particular
relevance today because it challenges the myth on which the modern
despotic judiciary bases its authority. If the framers were more
pragmatic than philosophical, then the Constitution is not a mystical
text of "penumbras" and "emanations" that only the initiated priesthood
(legal experts) can understand. It is what it appears to be: a practical
blueprint for federal government.
There is much to admire about
the foundation of U.S. government, but nothing is gained by deifying the
framers or the Constitution, except for power for the legal class. Mr.
Goldstone does not evince any political purpose in this book.But when we
see the founders as ordinary men (or worse, ordinary politicians), we
can readily see how absurd it is when judges claim to discover, in the
brief text of the Constitution, a moral right to abortion or sodomy, an
injunction against creches on public property or new rules for
professional golf. Today, the Constitution is little read but widely
venerated. "Dark Bargain" makes the document accessible. Both are highly
recommended.—Robert Seidenberg, The Washington Times
"[A] thoughtful new study of the framing of the Constitution and of
the compromise over the role of slavery in the composition of the new
government." —The Philadelphia Inquirer
"Mr. Goldstone shows the specter of slavery lurking behind so many of
the delegates' disputes. He describes the lengths to which these wily
debaters would go to make their motives sound nobler than they were and
the men themselves freer of the racism of their day than in fact they
were. And the delegates were imperfect soothsayers: Some of the key
assumptions that persuaded them to insist on the three-fifths clause
proved incorrect. The method of apportionment played no role in
taxation, for instance, since Congress never did vote to impose a direct
tax on the states. Of course, had the delegates known that the nation
would later erupt in a ghastly civil war over slavery, they might have
acted differently, too."—The Wall Street Journal
"'Dark Bargain' is a long-overdue corrective...With sound research and a
lively style, Lawrence Goldstone shows there was no such thing as a
single 'original intent.' The idea that such an intent, directing its
drafters as though it sprang full-blown from the head of Zeus, would
have been considered absurd even by them...'Dark Bargain' helps us
understand why that is the necessary and fair inquiry. That it does so
in such a robust, entertaining and accessible style is an advantage that
even the Constitution's drafters would have
appreciated."—Denver Post
"Goldstone convincingly maintains that the issue of slavery was actually
a fundamental and divisive concern for the [constitutional]
delegates...a well-argued contribution to our evolving understanding of
the role of slavery in our nation's origins."—Booklist
>"DARK BARGAIN puts slavery near the heart of the making of the
Constitution, where it belongs. Goldstone’s narrative is
lively and carefully researched, and we learn more than we knew about
James Madison and the other "founding fathers."— Howard Zinn,
author of A People's History of the United States
"I thought I'd read the Constitution, but this book turns a good,
harsh light on the founding documents, not to mention the Founders, who
look in these pages to have been a shrewd and self-loving clique."
— Edward Ball, author of Slaves in the Family
"Slavery has always lurked around the periphery of our
constitutional history. In this disturbing yet scintillating work of
scholarship, Lawrence Goldstone has restored the peculiar institution to
its rightful, horrific place at the center. Fascinating and
important."— James Grant, author of John Adams: Party of
One