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 resolutions of Mr. Randolph, the basis on which the deliberations
of the Convention proceeded, were the result of a consultation among the
Virginia deputies, who thought it possible that, as Virginia had taken
so leading a part in reference to the Federal Convention, some
initiative propositions might be expected from them. They were
understood not to commit any of the members absolutely or definitively
on the tenor of them. The resolutions will be seen to present the
characteristics and features of a government as complete (in some
respects, perhaps more so) as the plan of Mr. Pinckney, though without
being thrown into a formal shape. The moment, indeed, a real
constitution was looked for as a substitute for the Confederacy, the
distribution of the Government into the usual departments became a
matter of course with all who speculated upon the prospective change."
Letter to W. A. Duer, June 5th, 1835.
The difficulty of the hour was not in draughting a constitution, but in
draughting one which would not arouse the jealous antagonism of the
several States. That difficulty did not trouble Pinckney. His plan
contemplated having the people of each State fairly, _i. e._,
proportionately represented in his House of Delegates, and in making the
several States as States unequivocally submissive to the new national
authority.
Pinckney had been for two years immediately before the sitting of the
Convention, a delegate in the Congress of the Confederation. He had been
the representative of South Carolina in the "grand committee" appointed
to consider the alteration of the Articles of Confederation. He had been
chairman of the subcommittee which draughted the committee's report of
August, 1786; and (as Professor McLaughlin has pointed out) "the
introducing phrases, as appears by reference to the manuscript papers of
the old Congress, were written in Pinckney's own hand." In witnessing
the inherent weakness and increasing degradation of the Congress, he had
learned to appreciate the incapacity of the confederate system, and the
necessity of a National government. No member of the Convention better
appreciated those two things, or was better equipped for the task which
he undertook; and there was no man in the country, except Madison, who
had been through such a preparatory course and had such a combination of
resources at his command. He was young, talented, experienced,
ambitious, wealthy, unemployed and a ceaseless worker. The index of
Madison's Journal witnesses to the immense amount of work which Pinckney
did irrespective of the draught. If we discard the draught--the original
draught, the disputed draught, and the draught described in the
Observations, the fact will remain that Pinckney was an important
contributor to the work of framing the Constitution.
Public-domain text, read in full here on John Shaqi.
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