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
Between 1818 and 1836, the magnitude of this and its importance as an
historical document was forced upon Madison's attention from time to
time by younger men who took a warmer interest in the Constitution and
its history and its framers than their fathers had taken; and it is
apparent that he was astounded at the historical importance of the
document. Marshall was then drawing near to the end of his majestic
judicial reign, and though assailed and thwarted by the cavilings and
dissents of lesser men, had placed his imperishable impress upon the
Constitution and revealed to his countrymen its greatness and
consistency and power of nationality. The growing interest in the great
instrument would not be quieted. Madison would fain have kept silent, as
he advised his two most trusted correspondents to do. But he could not!
He was the greatest of authorities, living or dead, in all that
pertained to the making of the Constitution; the last living member of
the Convention; the sole chronicler of its secret history. It is as
plain now as it was then that he must speak. What could he say?
Madison was not able to say, "I read the Pinckney draught when it was
before the Convention, I studied it, I knew the contents well; the paper
in the State Department is not a substantial duplicate of that paper."
There remained then but this alternative; he must confess that he knew
no more about the Pinckney draught than did the men who were
interrogating him or he must do precisely what he did do, he must attack
it on documentary evidence as an advocate, and must remain silent as a
witness. If he had testified as a witness; if he had said of his own
knowledge that the paper which Pinckney placed in the State Department
was not a copy of the paper which he had laid before the Convention and
was not a substantial duplicate worthy of consideration, that would have
been the end of the matter. Certainly I should never have felt called
upon to make the present investigation. But Madison did not so testify.
Under the pressure of steadily increasing interest in the Constitution,
inquirer after inquirer came to him to explain how a man whom they did
not regard as a wise statesman could have contributed so much to the
Constitution, which they had regarded as the composite work of a number
of great men. They did not come to him for reasons or advice or
references to documentary evidence, but because he was the one survivor
of the men who could have testified, the only chronicler of what had
happened in the Convention from first to last, and they sought his
personal knowledge. They asked him to tell them what he knew concerning
the Pinckney draught, the original draught, the one which was before the
Convention; and he answered not a word! We must reject Madison as a
witness because he rejected himself.
CHAPTER V
MADISON AS AN ADVOCATE
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