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
constitutions of New York and Massachusetts, generally word for word.
The article provides that the President "shall from time to time give
information to the legislature of the state of the Union," and
"recommend to their consideration" the measures he may think necessary;
that "he shall take care that the laws be duly executed"; that "he shall
commission all officers"; and "shall nominate and with the consent of
the Senate" appoint officers; that "he shall have power to grant pardons
and reprieves"; and that "he shall be commander in chief of the army and
navy"; but each of these provisions was taken from the constitution of
New York. The article also provides that at "entering on the duties of
his office he shall take an oath faithfully to execute the duties" of
President; and that he "shall be removed from his office on impeachment
by the House of Delegates"; but these provisions were taken from the
constitution of Massachusetts. The article also provides that "in case
of his removal by death, resignation or disability, the President of the
Senate shall exercise the duties of his office"; but this is taken from
the constitution of New York. In a word when we trace these provisions
and expressions to their respective sources there is nothing left of the
article. Article VIII is indeed remarkable; but it is for reversing the
deductions of Madison; for demonstrating with mathematical certainty (so
far as it goes), that Pinckney did not make his draught conform to
"results" which had been reached in the Convention, and which "could not
have been anticipated."
CHAPTER VIII.
THE IMPROBABILITIES
The most incisive reason given by Madison against the authenticity of
the draught in the Department of State, the reason which he most
reiterated, if not the one upon which he most relied, was that the
draught was presented to the Convention on the 29th May and a week
later, June 6th, Pinckney moved "that the first branch of the national
legislature be elected by the State legislatures and not by the people."
This objection is not only plausible but it rests on two
incontrovertible facts each of which is a matter of record--that the
draught was presented to the Convention on the 29th of May; that his
inconsistent motion was made on the 6th of June. But the conclusiveness
of these facts disappears when the circumstances and changed conditions
of the case appear.
Public-domain text, read in full here on John Shaqi.
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