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
In the first place Pinckney had forestalled the point made by Madison by
declaring in his letter to the Secretary of State that there were
provisions in the draught which on further reflection he had opposed in
the Convention. This declaration, it must be remembered, was made before
the publication of Madison's Journal, before it was known that it would
be published, before Pinckney knew or could have known what the Journal
would show. In other words it was he himself who first revealed his own
inconsistency in having presented a plan for one thing in May and in
having contended for another thing in June. The explanation is not an
afterthought or a defence, but an avowal made in due time.
In the second place the draught was presented on the 29th of May, but it
was not written then. It must have been written weeks before this in
Pinckney's study in Charleston. When he wrote it he had before him, as
every American of that day had, the Constitution of Great Britain, the
constitution under which he had grown up, the merits and virtues and
wisdom and excellencies of which he had read and re-read in Blackstone.
It was a matter of course for him, when dealing with the legislative
power, to have his Congress consist of two houses. As to this there
would not be a doubt or a thought. The next thing would be to have the
members of the first house, like the members of the House of Commons,
elected by the people. So far he had no reason to pause and reflect. But
when he came to the second house, he had no nobility at hand of which it
might be composed. Here his invention began, and he avowedly so
contrived his Senate that it should in fact though not in form,
represent not nobility but wealth. It is probable that when he was
draughting his constitution, it never entered his head that the lower
house of the American parliament could be chosen by any other means than
the means by which the House of Commons was chosen and the lower house
of every American State.
In the third place between the 29th of May and the 6th of June the
subject had come before the Convention and had been discussed and South
Carolina had taken a position against it.
Gerry of Massachusetts said that "the evils we experience flow from the
excess of democracy"; and that "he did not like the election by the
people." Butler, of South Carolina, "thought an election by the people
an impracticable mode." Rutledge, the strongest man in the State,
seconded the motion to have the first branch elected by the State
legislatures. Charles Cotesworth Pinckney, the most esteemed citizen of
the State and Pinckney's kinsman, brought South Carolina before the
Convention as an illustration and even went so far as to say "an
election of either branch by the people, scattered as they are in many
States, particularly in South Carolina, is totally impracticable."
Public-domain text, read in full here on John Shaqi.
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