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
In a word, the provisions which were rejected, such as a Senate chosen
by the House of Representatives; such as a Senate having "the sole and
exclusive power" to declare war, to make treaties, to appoint foreign
ministers and judges of the Supreme Court; such as a national
legislature having power to "revise the laws of the several States" and
"to negative and annul" those which infringed the powers delegated to
Congress--do not cause either wonder or admiration. It is the valuable
practical provisions of the draught which provoke doubts. Yet these are
for the most part the work of selection by an author thoroughly versed
in what may be called the Constitutional literature and studies of the
day, and who by experience knew precisely what was needed to transmute
the Confederated States into an efficient National government.
In our minds we picture the framers of the Constitution as remarkable
men, sage in council, experienced in affairs of state. But there were
two young men, the one 36, the other 30, who furnished the constructive
minds of the Convention. Madison was foremost in framing the Virginia
resolutions, which brought before the Convention questions for abstract
discussion and bases on which to rest principles of government. Pinckney
formulated a constitution which became a basis for the most of the
concrete work. Both had had the severe practical training of members of
the Congress of the Confederated States during the sorest period of its
humiliating helplessness, the darkening days which preceded its
dissolution. Both understood thoroughly the existing system which made
the Federal government dependent upon its States and therefore inferior
to them; and they knew by what had been to them bitter experience that
the solvency of the Federal government was dependent upon the voluntary
contributions of each and all of the States, and that a single one of
the great States by refusing to pay its quota could bring the nation to
bankruptcy. They knew too that while the general government could make
treaties, the States could violate them--that they had violated them,
and even then had brought the country to the verge of a foreign war.
Their minds recoiled, as the minds of young men naturally would, to the
opposite extreme, and each believed in the subversion of the States. How
fully they agreed a single illustration will disclose.
On Friday, June 8th,
Public-domain text, read in full here on John Shaqi.
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