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 Secretary of the Convention has generally been censured as
incompetent and negligent. Nevertheless the papers which he transferred
to Washington witness for him that he did preserve and keep whatever
papers came within his official custody. The Secretary of State
certified, March 19th, 1796, that in addition to the Journals then
received from Washington "were seven other papers of no consequence in
relation to the proceedings of the Convention." One of these is a
"draught of the letter from the Convention to Congress to accompany the
Constitution"; one is an order from "the directors of the Library
company of Philadelphia" to the Librarian directing him to "furnish the
gentlemen who compose the Convention now sitting with such books as
they may desire during their continuance at Philadelphia, taking
receipts for the same"; one is a letter from "one of the people called
Jews" setting forth that by the Constitution of Pennsylvania "a Jew is
deprived of holding any publick office or place of Government." The
others are even of less consequence. They make plain by their
unimportance the important fact that Major Jackson scrupulously kept
every paper which Rutledge "delivered in at the Secretary's table" on
the 6th of August. That is to say, it is made plain that on the 6th of
August, Rutledge did not deliver in at the Secretary's table either a
written report of the committee or the Pinckney draught.
Judging in the light of all the facts which the case discloses we must
conclude that the only thing which would have justified the Committee of
Detail in not returning the Pinckney draught to the Secretary of the
Convention was that it had been destroyed; the only thing which would
have justified the Committee in destroying it, was that they were
compelled to use it as printer's copy.
The Committee did well to use it. And yet if there was one thing in the
world which justified Pinckney in publishing the Observations, it was
that the Committee of Detail had destroyed his draught.
CHAPTER IV
WHAT PINCKNEY DID FOR THE CONSTITUTION
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