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
Considering that Madison and Pinckney worked in such different fields,
the abstract and the concrete, it is remarkable that the work of the one
repeatedly and constantly agrees with the work of the other. Considering
that they had worked side by side for years conferring daily on the same
absorbing subject, encountering the same difficulties, thwarted by the
same obstacles, defeated by the same incapacities, their minds intent
on the same ends, it is not remarkable that an identity of purpose was
followed, though in different forms, by an identity of results and that
the work of Pinckney was little more than an embodiment of the
propositions of Madison. Together they furnished just what the
necessities of the hour required, ideas of government for consideration
and discussion; formulated constitutional provisions for amendment and
adoption. Greatly to be regretted it is that the two men who did such
valuable interserviceable work for the cause to which their lives were
then devoted, and whose names should be most closely associated in the
history of the Constitution, now appear so irretrievably antagonistic.
There are some provisions in the draught which are not sustained by the
confirmatory fact of being incorporated in the draught of the Committee
of Detail, and notably the following:
"The legislature of the United States shall have the power" "to pass
laws for arming, organizing and disciplining the militia of the United
States," Art. 6. This power to organize and discipline the militia was a
radical transfer of authority from the States to the new national
government, a power which the committee were not instructed to transfer
and which accordingly they did not incorporate in their draught. But it
is specifically set forth in the Observations as one of the provisions
of the draught; and on the 18th of August Pinckney advocated in the
Convention substantially the same thing.
The draught also provides that the legislature of the United States
shall have power, "To provide for the establishment of a seat of
government for the United States, not exceeding ---- miles square, in
which they shall have exclusive jurisdiction." Art. 6. This also was a
radical innovation which the Committee could not adopt without
authority. But it was also specifically set forth in the Observations;
and on the 18th of August Pinckney moved in the Convention;
"To fix and permanently establish the seat of government of the United
States in which they shall possess the exclusive right of soil and
jurisdiction."
The draught also provides, "nor shall the privilege of the writ of
habeas corpus ever be suspended, except in cases of rebellion or
invasion." Art. 6.
Public-domain text, read in full here on John Shaqi.
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