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
There are unquestionably clauses and sentences and provisions in the
Committee's draught which show the hand of the thoughtful statesman or
of the good lawyer. Thus to Pinckney's provisions relating to the action
of Congress on bills returned by the President with his objections, we
have, "But, in all cases, the votes of both Houses shall be determined
by yeas and nays; and the names of the persons voting for or against the
bill shall be entered on the Journal of each House respectively." And to
Pinckney's provisions concerning the conviction of treason, there is
added, "No attainder of treason shall work corruption of blood, nor
forfeiture, except during the life of the person attainted." In a word
there is manifestly more than one hand in the Committee's work. In
Pinckney's draught the warp and woof is of one texture from beginning to
end. Even when an article is made up entirely of cullings from State
constitutions and from the Articles of Confederation, the finished
fabric is unquestionably of Pinckney's weaving.
It is not to be inferred that the members of the Committee of Detail
were mediocre men or that they were negligent of the grave duty
assigned to them. Yet the work which they actually did only
demonstrates that for them to have produced a complete draught of the
Constitution--as complete as the one which they reported--entirely the
work of their own hands, in the limited time allowed them would have
been an impossibility. The reduction of the Constitution to a written
form with all its details required research, reflection, patient work
and unhurried thought. Through the wide field of State and Federal
relations, through State constitutions and the Articles of Confederation
the framer needed to search, weighing State prejudices and national
necessities, taking what was desirable, but with equal care leaving what
was objectionable. There were not five men in the world working in each
other's way, discussing each other's work, who, unassisted, could have
drawn up a constitution in which so much was embodied and so little
overlooked and have brought their patchwork contributions into one
harmonious whole within the time prescribed. The country was well filled
with men of talents, of ability, of energy, of patriotic fervor, with
men who knew the conditions of our national affairs, the difficulties
of acting, the perils of inaction, and yet the fact, undeniable, is that
only one man foresaw the coming necessity of the situation and had the
forethought to prepare a draught of the Constitution for the use of the
Convention. The more I have surveyed the situation, the greater has
appeared the necessity for some such work at the time; the more I have
studied the work of Pinckney, the more perfectly adapted to the
necessities of the situation does it appear to have been.
Public-domain text, read in full here on John Shaqi.
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