The Mystery of the Pinckney DraughtNott, Charles C.
History
The Mystery of the Pinckney Draught
Nott, Charles C.
Constitutional history -- United States; Pinckney, Charles, 1757-1824
Pinckney had been a Senator of the United States, Governor of South
Carolina, Minister to Spain and had just been elected to the important
Congress which was to grapple with the National questions involved in
the Missouri Compromise. He may have been a vain man as Madison thought
him--(most men of great ability and prominence are egotistical; it is
egotism ordinarily which impels them to the front) but no one has
intimated that Pinckney could have been guilty of an act which from
moral and historical points of view was little better than a crime. Some
one contributed the many provisions which are to be found in the
Constitution, and it would have been infamous to filch the honor from
the real author. The most felicitous sentence in the Constitution, "The
citizens of each State shall be entitled to all privileges and
immunities of citizens in the several States," if it was Pinckney's,
passed through the Committee of Detail, the Committee of Style and the
Convention without the change of a single word. It was one of those rare
sentences of which everybody approved; and it is not lightly to be
assumed that in 1818 Pinckney would steal such a conspicuous sentence
from the Constitution and place it at the head of one of his own
articles.
Moreover if the draught was a tissue of fraud detection was always
possible; and detection would have blasted the life of Pinckney nowhere
with greater severity than in his own State. In 1818 sixteen other
members of the Convention were still living, and three of them had been
members of the Committee of Style, and two of them (Charles Cotesworth
Pinckney and Pierce Butler), had been delegates from South Carolina.
Letters too from members might disclose the fatal truth. A son of some
member might come forward with his father's draught of some of these
provisions. Autobiographies, diaries and personal reminiscences of
members might exist. Detection was possible, and in the ordinary course
of human events, certain. Conversely it is proper here to note the fact
that in all these years not a line of writing has been found to thrown a
shade of discredit upon the Pinckney draught.
Public-domain text, read in full here on John Shaqi.
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