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
It must therefore be held that Pinckney did not conceal anything or
shrink from investigation; and that all which he did was done in due
time, in the light of day and in the most open manner. Indeed it may be
asked whether there ever was an historical document which was so doubly
published and declared both prior to and at the time when it was
produced as the Pinckney draught; or which could have been so easily
refuted, if it was really refutable? A court of justice in such a case
would say, "The plea of fraud is sustained by no evidence whatever. To
allow a document which was placed in the files of the Government at the
instance of a high officer of State to be attacked and discredited
because of the doubts and suspicions of individuals, no matter how
eminent and intelligent, would be a monstrous abuse of authority which
can not be upheld in either law or morals."
4. A question may be raised as to whether the Journal of Madison can
properly be admitted as evidence against the claim of Pinckney; and it
must be conceded that Madison occupied the position of a
controversialist; that during the whole of the period of controversy his
chronicle of the Convention was in his exclusive possession; and that it
was within his power at any moment to obliterate parts or passages
which, coming to the knowledge of the world, would weaken his own
position and vindicate Pinckney and sustain the draught. But such a
suggestion against the integrity of such a man is not to be lightly
entertained. It is no more to be believed without evidence (and evidence
of the most clear and unequivocal character) that Madison, for his own
purposes, obliterated historical evidence, than that Pinckney fabricated
it. Each was a member of the Congress of the Confederation; each was a
delegate to the great Convention; each was eminent for his zeal in the
prolonged and often hopeless work of framing the Constitution; each has
left behind him a long record of distinguished public life. The one
laboriously prepared the only draught of the Constitution that was made
for the use of the Convention; and the other laboriously prepared the
only chronicle of the framers' work which the world possesses. It is not
for the bitterness of controversy, heedlessly, to assail such men.
5. The Journal of Madison must be received as authentic history. At the
same time it must be borne in mind that it was not written with the
fulness and precision of the modern stenographer. Madison could not
transcribe the words which a speaker uttered and leave us to ascertain
the speaker's meaning from his words. All that such a reporter could do
was to record what he believed to be the speaker's meaning. It follows
that condensed passages, isolated sentences, casual turns of expression
cannot be used as admissions against Pinckney, and must be considered
with disinterested caution, if they be considered at all.
* * * * *
Public-domain text, read in full here on John Shaqi.
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