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
Notwithstanding Madison's ignorance of the contents of the draught, and
the fallacy of the inference which he drew from the fact that Pinckney
did not adhere to all the provisions of a tentative scheme, there
remains an objection of the gravest character, susceptible of proof or
disproof which must rest on facts and not be deduced by inferences. The
objection that Pinckney framed a provision at one time and disapproved
of it at another is easily superable: the objection that "there is in
the paper a similarity in some cases and an identity in others with
details, expressions and definitions, the results of critical discussion
and modification in the Convention _which could not have been
anticipated_," is insuperable--if it be well founded. That is to say if
there are "details, expressions and definitions" in the State Department
copy of the draught which were "the results of critical discussion and
modification in the Convention which could not have been anticipated,"
then the presumption must be well nigh irrefutable that these "details,
expressions and definitions" in the questionable instrument were taken
from the Constitution; and in the absence of extraordinary explanation,
we shall be compelled to agree with Madison that the evidence is
"irresistible"--unless indeed it should appear that the expressions and
definitions which at first sight appear to have been begun and created
in the Convention had previously existed in the Articles of
Confederation or in a State Constitution, or in the resolutions of the
Continental Congress or in some source open to all parties.
To a right understanding of the circumstances and conditions of the
subject of investigation, we must bear in mind, when we begin the
inquiry whether there are "details, expressions and definitions" in the
Pinckney draught which were "the results of critical discussion and
modification in the Convention," that the Constitution passed through
four germinal stages:
The first began with Randolph's 15 resolutions, on the 29th of May, and
ended on the 26th of July with the 23 resolutions of the Convention. The
15 resolutions had been considered and discussed and modified and
expanded into the 19 resolutions of the Committee of the Whole, June
13th; and the 19 resolutions had also been considered and discussed and
modified and enlarged into the 23 resolutions of the Convention, July
26th. Never in the history of nations did a deliberative public body
strive so philosophically, so wisely and well to possess itself of the
subjects to be considered--to comprehend its task--to know what it was
doing and to do.
Public-domain text, read in full here on John Shaqi.
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