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
When dealing with the number of representatives in the first or lower
house, Pinckney provided (Art. 3) for a specific number from each State,
in the first instance, and then by one of his terse emphatic sentences,
"and the legislature shall hereafter regulate the number of delegates by
the number of inhabitants, according to the provisions hereinafter made
at the rate of one for every ---- thousand." The Committee adopted this
verbatim but they prefaced it with an extraordinary apology or
explanation, bearing some resemblance to the preamble of a statute (Art.
14, sec. 4): "As the proportions of numbers in different States will
alter from time to time; as some of the States may hereafter be divided;
as others may be enlarged by addition of territory; as two or more
states may be united; as new states will be erected within the limits of
the United States--the legislature shall, in each of these cases,
regulate the number of representatives by the number of inhabitants,
according to the provisions hereinafter made, at the rate of one for
every forty thousand."
This "as," "as," "as," "as," "as" would be slovenly work even for a
statute. It sounds little like a law, not at all like a constitution,
much like an extract from a committee's report, justifying their work,
explaining why a proposed provision may become at some unforeseen time,
necessary or desirable.
It is true that the former of these provisions was taken from the
Articles of Confederation; and that the latter is a paraphrase of the
8th resolution, but that only makes the matter worse. Their verbosity
and incongruity were thereby placed before the eyes of every member of
the Committee; and the fact that such provisions, flagrantly verbose and
inexcusably incongruous, went into a draught of the Constitution shows
that not one of the five members commanded what may be called the style
of the Constitution; while the additional fact that not one instance of
such prolixity of detail is to be found in the Pinckney draught shows
that he was the master of its style and not the Committee.
Public-domain text, read in full here on John Shaqi.
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