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 Pinckney, foreseeing that a national Convention would be held and
that if it failed to frame a constitution which would give to the waning
Confederation the character and authority of nationality, the
nationality of the Confederated States might disappear, he resolutely
assigned to himself the task of framing one in which nationality should
be secure and a national government above and independent of the States
be the result. While yet a member of Congress he saw plainly these
things--that the government of the Confederated States was drifting
toward insolvency, for New York and Massachusetts alone had paid in full
their quota of the Federal expenses; that it was drifting towards war;
for at least one of the States was flagrantly violating the treaty of
peace with Great Britain; that the Congress could neither raise money
nor maintain a treaty; for the only power which it practically possessed
was to beseech the States to pay their respective shares of the Federal
expenses, and to pass as recently as March 21, 1787, resolutions urging
on the States a repeal of all laws contravening the treaty of peace with
Great Britain.
Pinckney was then in the full flush of youthful egoism, but the oldest
member of the Convention, even Franklin, could not have chosen his
method of construction more wisely. Wherever constitutional material
existed, Pinckney found it, and preferred it to his own. A single
paragraph will give an effective object lesson of his careful composite
work:
"The United States shall not grant any title of nobility" (Art.
Confederation VI). "The Legislature of the United States shall pass no
law on the subject of religion" (Constitution of New York); "nor
touching or abridging the liberty of the press" (Constitution
Massachusetts); "nor shall the privilege of the writ of habeas corpus
ever be suspended except in case of rebellion or invasion" (Constitution
Mass.).
The resolution of March 21, 1787 is as follows:
"WEDNESDAY, MARCH 21, 1787.
"Resolved, That the legislatures of the several states
cannot of right pass any act or acts, for interpreting,
explaining, or construing a national treaty or any part or
clause of it; nor for restraining, limiting or in any
manner impeding, retarding or counteracting the operation
and execution of the same, for that on being
constitutionally made, ratified and published, they become
in virtue of the confederation, part of the law of the
land, and are not only independent of the will and power of
such legislatures, but also binding and obligatory on
them."
This becomes in the draught:
"All acts made by the Legislature of the United States,
pursuant to this Constitution, and all Treaties made under
the authority of the United States, shall be the Supreme
Law of the Land; and all Judges shall be bound to consider
them as such in their decisions."
Public-domain text, read in full here on John Shaqi.
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