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 letter demonstrates how inadequately Pinckney estimated the
greatness of the Constitution and overestimated his own part in the
work, and how poorly the Constitution was then esteemed. At the
beginning it had been but an experiment and in the opinion of many men
an experiment that would fail. Under the moulding hands of Jay and
Marshall it had become to Southern statesmen more and more an object of
distrust and dislike. It seemed then a growing menace to the rights of
the South and the sovereignty of South Carolina. For Pinckney to have
asserted publicly that he was the chief author of the instrument and of
its most offensive provisions would have inclined his fellow citizens in
Charleston to say that instead of boasting of his work he ought to be
ashamed of it; that where State rights were involved it was at best
ambiguous; and that, if he was the author of the draught, he more than
any other man had enabled the judges to interpret the Constitution in
favor of Federal supremacy.
Certainly if this issue of fraud had been involved in a criminal case
Pinckney would have been able to establish two things--good character,
and the absence of a motive to defraud.
CHAPTER IV
MADISON AS A WITNESS
Having now seen what Pinckney said in 1818 and what he did and where he
stood, let us turn to the other party in the controversy, Madison, and
examine the testimony which he gave and the evidence on which he relied.
His journal (as edited by Gilpin) after setting forth the speech of
Randolph on the 29th of May, and the reference of the 15 resolutions of
the Virginia delegates, to the Committee of the Whole, contains this
record:
"Mr. Charles Pinckney laid before the house a draught of a
federal government to be agreed upon between the free and
independent states of America."
"Ordered that the same be referred to the Committee of the
Whole appointed to consider the state of the American
Union."
But Yates's Minutes give us one thing more: "Mr. Pinckney, a member from
South Carolina, then added that he had reduced his ideas of a new
government to a system, _which he then read_."
Madison's report of Pinckney's speech on the 25th of June stops with the
subject of State governments and the propriety of having but one general
system. But Yates gives in a condensed form the conclusion of Pinckney's
speech and contains the following sentences:
"I am led to form the second branch (of the legislature) differently
from the report. I have considered the subject with great attention and
I propose this plan (reads it) and if no better plan is proposed I will
then move its adoption."
Public-domain text, read in full here on John Shaqi.
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