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
For more than 70 years, Pinckney has been a condemned and misrepresented
man, and what is strange, though not inexplicable, his disgrace was
primarily caused by the indispensable work which he unselfishly
performed for his country without honor and without reward. I began the
foregoing investigation of the authenticity and verity of the draught in
the State Department in consequence of the publication of Pinckney's
letter to the Secretary of State in 1818 in which he states frankly that
the paper sent is not a literal duplicate of the draught presented to
the Convention and that the draught contained provisions which he
subsequently condemned and openly opposed during the debates. I knew of
the worst side of Pinckney's character--his egoism, his garrulousness,
his lack of cautious common sense--and in my early study of the
Constitution the Pinckney draught had seemed too much to be the work of
one man, and the charges of Madison with the implications of Elliot and
the silence of Story and the censure of Bancroft had confirmed my
suspicion and left me with a poor opinion of the draught in the State
Department and of the man who placed it there. The most which I expected
from this investigation was that I should be able to say with tolerable
certainty that a section here or a paragraph there in the Constitution,
was the work of Pinckney. But when under the pressure of unquestionable
facts, the charges of Madison fell to pieces; and when with the
refutation of a charge, just so much of the draught would be positively
verified and affirmed; and especially when it plainly appeared, not only
that in sections and articles, and provisions and sentences, the one
instrument agreed with the other but that in form and style, and
phraseology and arrangement from the words of the preamble, "We the
people do ordain, declare, and establish the following Constitution for
the government of ourselves and posterity" to the words of the last
article, "The ratifications of ---- States shall be sufficient for
organizing this Constitution," the draught of the Committee of Detail
follows the draught in the State Department, and the Constitution
follows the draught of the Committee of Detail, I was slowly forced to
the conclusion that the young South Carolinian on whom I had placed no
high estimate, had rendered a great service at a critical time, and that
but for his needed work, the Constitution would be, at least in form, a
very different instrument from the one which we revere. My slowly formed
conclusion is that if wise and judicious forethought, and much patient
work well done, and a breadth of view commensurate with the greatness of
the subject, and the production at a critical moment of a paper which
all other men in or out of the Convention had neglected to prepare,
entitle a man to the lasting recognition of his countrymen, there is no
framer of the Constitution more entitled to be commemorated in bronze or
marble than Charles Pinckney of South Carolina.
Public-domain text, read in full here on John Shaqi.
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