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 statement of Madison is written in temperate and guarded terms; and
it is manifest that he was careful to speak with courtesy of Pinckney
and to furnish an explanation in the nature of a bridge over which the
friends of Pinckney, then deceased, might retreat. But what he does say
instantly brings the reader's mind to the conclusion that the paper in
the State Department is not the paper--that it is not a substantial copy
of the paper, which was before the Convention. Story had been appointed
by Madison and it was not for Story to accept what Madison rejected; and
Story was so great a man, so great a judge and commentator, that it was
not for lesser men to reverse him. Madison's comment and Story's
silence have united to condemn the draught so effectively that while
printed and reprinted it has been as unnoted as if it had never been
written. The final, judicial edict of George Bancroft expressed the
general judgment when he wrote of the original draught which was
actually before the Convention, "No part of it was used, and no copy of
it has been preserved."
Moreover Madison is too great an authority to be lightly questioned, the
highest authority that exists concerning the proceedings of the
Convention; and he asserts and undertakes to demonstrate that the one
paper can not be a true copy of the other. He designates provisions
which he says originated in the Convention and could not have been
predetermined by Pinckney; and still more conclusively, as he thinks, he
points to the fact that the paper in the Department contains provisions
to which Pinckney was himself opposed, provisions against which he spoke
and voted in the Convention. Here Madison builds his bridge. Mr.
Pinckney, he suggests, furnished this copy many years after the event
(nearly 32 years), after he had become an old man and the record of
events had faded in his memory; and probably as the work of the
Convention went on he had used a copy of his draught as a memorandum and
had interlined in it provisions which the Convention framed; and when he
sent the copy to the Secretary of State he had forgotten this, or had
gradually come to regard the interlined matter as his own. A writer like
Story with the training of a lawyer and a judge on finding the
authenticity of the copy impeached in part would be almost certain to
exclude it wholly from the consideration of the jury. Historical
analysis and research may, nevertheless, render that clear which is
obscure and show us where the work of Pinckney begins and ends.
There are some extrinsic facts which hitherto unknown should be noted.
In the first place this letter of Pinckney anticipates one of Madison's
criticisms and explains away his strongest point.
Public-domain text, read in full here on John Shaqi.
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