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 style of the Constitution, we owe to Pinckney. Behind him, perhaps,
was Chief Justice Jay, whose hand appears in the first Constitution of
New York, but none of the men connected with the Convention, not even
Hamilton, had attained what we may term the style of the
Constitution--the clear, concise, declarative, imperative style which
seems a characteristic part of the great instrument. Pinckney
appreciated the difference between a constitution and a statute and in
maintaining this difference his hand rarely erred. The Committee of
Detail corrected Pinckney's language, occasionally, and sometimes
rendered the meaning more certain by amplification but whenever they
departed from his draught, there is an immediate falling off in style. A
flagrant instance of this is in article IX, sections 2 and 3. In the
hands of the Committee the provision relating to disputes and
controversies between States expands into a string of minor provisions
containing more than 400 words with all the involved petty
particularities of an incoherent statute. _Exempli gratia_, "The Senate
shall also assign a day for the appearance of the parties, by their
agents before that house. The agents shall be directed to appoint, by
joint consent, commissions or judges to constitute a court for hearing
and determining the matter in question. But if the agents cannot agree,
the Senate shall name three persons out of each of the several States;
and from the list of such persons, each party shall alternately strike
out one, until the number shall be reduced to thirteen; and from that
number not less than seven, nor more than nine, names, as the Senate
shall direct, shall in their presence, be drawn out by lot; and the
persons whose names shall be so drawn, or any five of them, shall be,",
etc., etc. The person who remembers that this and more like it, was
actually prepared and printed and reported to the Convention as a
proposed part of the Constitution of the United States, may well wonder
what kind of a Constitution the Committee of Detail would have framed,
if they had not had Pinckney to block out their work for them.
Public-domain text, read in full here on John Shaqi.
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