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
The law allows within certain limitations, the presumption of fact that
where an administrative officer had a certain, specific official duty
to perform, he performed it. The Secretary of the Convention and the
members of the Committee of Detail were not public officers but were
charged with duties which, if not official, were still public, and the
obligations and presumptions belonging to administrative officers may
properly be applied to them. The Secretary's entry in the Journal of the
Convention says, "The report was then delivered in at the Secretary's
table, and being read once throughout, and copies thereof given to the
members, it was moved and seconded to adjourn." All that there was to be
"delivered in," was placed upon the Secretary's table, and it became his
duty to preserve whatever the Committee had placed there subject to the
future commands of the Convention. The "copies thereof" were the printed
copies of the draught; and "the report" which was "then delivered in at
the Secretary's table" was one of the printed copies accompanied by the
oral explanation of the chairman.
What the Secretary did with the papers in his charge is told in the
following note and extract:
"MONDAY EVENING.
"Major Jackson presents his most respectful compliments to
General Washington....
"Major Jackson, after burning all the loose scraps of paper
which belong to the Convention, will this evening wait upon
the General with the Journals and other papers which their
vote directs to be delivered to His Excellency."
Indorsed by Washington:
"From MAJ'R WM. JACKSON, 17th Sept., 1787."
"MONDAY, 17th.
"Met in Convention when the Constitution received the
unanimous assent of 11 States and Col'n Hamilton's, from
New York (the only delegate from thence in Convention) and
was subscribed to by every Member present except Gov'r
Randolph and Col'n Mason from Virginia--& Mr. Gerry from
Massachusetts. The business being thus closed, the Members
adjourned to the City Tavern, dined together and took a
cordial leave of each other.--after which I returned to my
lodgings--did some business with, and received the papers
from the secretary of the Convention, and retired to
meditate upon the momentous wk which had been executed,
after not less than five, for a large part of the time six,
and sometimes 7 hours sitting every day, sundays & the ten
days' adjournment to give a Com'ee opportunity & time to
arrange the business, for more than four months."
WASHINGTON'S DIARY.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account