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
At the opening of the Convention which framed the Constitution, Charles
Pinckney of South Carolina presented a draught of a constitution that
was referred to the Committee of the Whole. This draught was not a
subject of notice or comment by any speaker or writer of the time. One
might infer from the silence of all records and writers that it was the
fanciful scheme of an individual which exercised no influence whatever
on the Convention and did not contribute a single line or sentence to
the Constitution.
On the adjournment of the Convention its records and papers were placed
under seal and the obligation of secrecy was set upon its members. When
ultimately the seals were broken and the package was opened, more than
thirty years afterwards, the draught of Pinckney was not found. John
Quincy Adams then Secretary of State applied to Pinckney for a copy; and
he on the 30th of December 1818, sent to the Secretary of State the
duplicate or copy of the draught now in the Department of State. The
document was published and remained unquestioned until in 1830, six
years after the death of Pinckney, it came, or was brought, to the
attention of Madison; and he at different times wrote to at least four
persons concerning it and also prepared a statement which was
subsequently published with it in Gilpin's edition of Madison's Journal,
and in Elliot's Debates; and then the Pinckney draught slept unnoticed
in constitutional publications until a review in the columns of the
Nation awakened an interest in Mr. Worthington C. Ford and he in 1895
published the letter which accompanied the draught when it was placed in
the State Department. Nevertheless, if the copy in the Department is
identical in terms, or substantially identical in terms, with the paper
which Pinckney presented to the Convention, then Charles Pinckney
contributed more of words and provisions to the Constitution of the
United States than any other man. And this draught so prepared by him
was so largely adopted in a silent way that the law student who might
chance to read it, not knowing of the comment of Madison and its
rejection by all commentators, would be tempted to speak of the
Constitution of the United States as the constitution of Pinckney.
The reason why the Pinckney draught has received so little attention,
and he has received no credit at all for what apparently is an
extraordinary piece of constitutional work can be readily explained.
Public-domain text, read in full here on John Shaqi.
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