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
"Mr. Pinckney moved 'that the National Legislature shd. have authority
to negative all laws which they shd. judge to be improper.' He urged
that such a universality of the power was indispensably necessary to
render it effectual; that the States must be kept in due subordination
to the nation; that if the States were left to act of themselves in any
case, it wd. be impossible to defend the national prerogatives, however
extensive they might be on paper; that the acts of Congress had been
defeated by this means; nor had foreign treaties escaped repeated
violations; that this universal negative was in fact the corner stone of
an efficient national Govt."
"Mr. Madison seconded the motion. He could not but regard an indefinite
power to negative legislative acts of the States as absolutely necessary
to a perfect System. Experience had evinced a constant tendency in the
States to encroach on the federal authority; to violate national
Treaties; to infringe the rights and interests of each other; to oppress
the weaker party within their respective jurisdictions. A negative was
the mildest expedient that could be devised for preventing these
mischiefs."
But it was for these same reasons that neither Madison nor Pinckney
attempted to frame a compromise. Each wanted a national government with
unequivocal powers. Each ignored the jealousy of the small States, the
apprehensions of the slave States, the increasing preponderence of the
free States. Both intended that these elements of distrust should be
absorbed by the overwhelming power of the new national government. For
more than 100 years the American people have kept the cardinal idea of
these youthful statesmen buried from sight or contemplation as something
impractical or dangerous but they are now beginning to ask themselves
whether an overwhelming national government is not the better agency for
the control and management of their modern, complex, national life.
Public-domain text, read in full here on John Shaqi.
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