Wooden-legged Playboy Bequeaths America a Cherished Ideal

Hey, did you all have a rockin’ Constitution Day last Thursday? A great American day off, complete with outdoor grilling, parades, flags, and late-night fireworks? Yeah, me neither. And not because of the pandemic.

Constitution Day (Sept. 17th) is the federal holiday Americans don’t know. Two hundred thirty-three years ago, 74 men were invited to Philadelphia to consider replacing the weak Articles of Confederation that was proving disastrous for the new American states. The nation was bankrupt and had no treasury or military to speak of. Despite this, citizens were deeply suspicious of a plan to hammer out a new system of government. Only 55 men answered the call. After nearly four months of debate, only 40 (39 representatives and the convention’s president George Washington) signed the resulting document on September 17, 1787, and embarked on a campaign for ratification.

It’s sort of like the story of the Declaration of Independence, only more forgettable. The Fourth of July has everything going for it. A rag-tag band of rebels overthrew a king! In contrast, the Seventeenth of September presages an ugly, querulous slog to durable nationhood. Americans argued about the Constitution in 1787. And they argue about it today.

Jefferson fatuously declared that the men of the Constitutional Convention were “an assembly of demigods.” Yeah—they weren’t. But sometimes imperfect people can conceive a more perfect union. Let’s take, for example, my favorite Constitution signer, Gouverneur Morris.

(Courtesy Library of Congress)

He hailed from a rich New York family whose family seat was located at Morrisania in the Bronx. Six feet tall, Morris was witty, fit, and imposing, and once served as a body double as the French sculptor Houdon shaped marble into the form of George Washington. There’s just one limb Houdon had to dream up out of his own imagination: Washington’s left leg.

You see, in his twenties Gouverneur Morris lost his left leg in a carriage accident. He wore a wooden prosthesis for the rest of his life. (The New-York Historical Society preserves the pegleg in a glass case next to FDR’s leg brace.) A rumor at the time held that Morris had really lost his leg while leaping out of a window to escape an angry husband.

Morris’s bedroom exploits are legendary. In his diaries, Morris recounted steamy encounters with numerous women in passageways, carriages, even a Parisian convent. He did not discriminate. He dallied with young and old, married or single. He once hooked up with a pair of sisters. He did it in the Louvre, which then served as an apartment complex for nobles. The author of the best Morris biography, Richard Brookhiser, reveals that the language in Morris’s diaries are loaded with euphemisms.

“They performed ‘the rites’; he conferred ‘the joy’; they did ‘the needful.’ They ‘sacrificed to the Cyprian Queen [Venus]’; they ‘performed the first commandment given to Adam, [i.e., be fruitful and multiply] or at least we used the means.’ Over and over, Morris boasted, like a teenager (or at least, like a teenager who knows Latin), that he was suaviter in modo, fortiter in re—gentle in manner, resolute in the deed.”

At one point Morris exclaims of a woman: “What fine materials for seduction!” In another passage, he writes that he and his partner “brightened the chain together.” (Brookhiser explains that one brightens a chain by, ahem, rubbing it.) After spying Dolley Madison in a low-cut dress, Morris wonders if she is “amenable to seduction.” Yes, Dolley was happily married, but Morris dismissed fellow signer James Madison, architect of the U.S.’s three branches of government, as “shriveled.”

So that’s the hormonal side of the man. Like a peripatetic Zelig, he also popped up at key moments in history and used his brains to set things to rights. During the American Revolution, he traveled to Valley Forge to check on Washington’s troops, was gob-smacked at what he found, and lost no time describing to Congress the “naked, starving condition” of their army. He developed the U.S.’s decimal-based monetary system, employing the word “cent” to replace the British “penny.” Living abroad after the war, he bore witness to the horrors of the French Revolution and lent money without expectation of repayment to nobles fleeing their homeland. He was at Alexander Hamilton’s bedside when the man died of the bullet lodged near his spine, and later delivered Hamilton’s eulogy. Pressed into service for his hometown, Morris laid out a scrupulously logical street plan for New York City, which satisfied his apparent love of precision and mathematical order, and playfully mocked the European design of Washington, DC.

When in his teens, Morris knocked over a kettle of boiling water and scalded off most of the flesh from his right arm. The nerves were most likely damaged, and the limb remained scarred and impaired for the rest of his life. Considering his double blow—the loss of a leg and the disfiguring of his arm—one would expect Morris to be a bitter man. On the contrary, he was generally happy and took pains to write letters consoling friends and acquaintances in their times of need. And while his father, mother and family all owned slaves, he held no enslaved persons of his own, and in one of the 173 speeches he made at the Constitutional Convention (the most of any signer) he railed against the institution, calling it a “curse of heaven.” Late in life, the old bachelor shocked his family by marrying a woman twenty-two years his junior who had been implicated in the murder of her illegitimate child by another man, her adulterous brother-in-law.

Morris was indeed colorful, but why bore you with his exploits? History is filled with the deeds of dead white men. We certainly don’t need more of them, even if they are accomplished, wooden-legged scoundrels.

If you must know, my thoughts fly to Morris because of one paragraph he wrote. One single graf. He’s remembered as the “penman” of the Constitution, and for translating passages in the founding document from dreadful legalese to normal English. In a famous example, he cut 61 words down to 36. The original preamble read, We the people of the states of … and proceeded to name each of the states in attendance at the Constitutional Convention. Morris retooled the first paragraph, throwing in a few of his own masterful touches:

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.

His stylistic choices are significant. During the debates, Morris had insisted that the president should be chosen not by Congress but by the citizenry. (The Electoral College is the vestigial compromise the framers made on that point.) Nevertheless, Morris arguably exacted his revenge. In one stroke, he wrenched the power of government from the states and bestowed it upon the people.

When the document flew to those states for ratification, the Virginian Patrick Henry—who declined to attend the Constitutional Convention, famously saying that he smelled a rat—pounced on the three words Brookhiser dubs Gouverneur Morris’s “greatest legacy.”

“What right had they to say ‘We, the People’?” Patrick Henry demanded.

Sigh. Nothing changes.

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See you all in three weeks! If you can forgive a little BSP, I hope you’ll check out the trailer my wife created for our own book about the Constitution signers. I append the video here more for its cheerful animation and comedy than anything else. We were just learning how to use the software back then, and wanted it to sound like a modern-day political ad.

And yes, while I am the perpetrator of two books on the signers of two U.S. founding documents, I’d be the first to admit that they are works of political humor and wiseassery. For a serious look at Morris’s life, see historian Richard Brookhiser’s Gentleman Revolutionary: Gouverneur Morris, the Rake Who Wrote the Constitution (Free Press, 2003).