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 a paper which will be called, briefly, "the Observations" written by
Pinckney before he left Charleston he sets forth at length a description
of his plan of government. In the opening paragraph of this paper he
says that he will "give each article" of his draught "that either
materially varies" from the present government "or is new." He then
goes on to say that "the first important alteration is that of the
principle of representation." "Representation is a sign of the reality.
Upon this principle, however abused, the Parliament of Great Britain is
formed, and it has been universally adopted by the States in the
formation of their legislatures." This is all which Pinckney, writing
before the Convention began its work, had to say concerning the lower
house of Congress. His Senate was new and concerning it he had much more
to say, and he described it. But of the lower house, the popular body,
he had nothing to say save that there would be such a house, and that it
would rest upon the principle of representation "universally adopted by
the States in the formation of their legislatures." The Virginia
resolutions undoubtedly expressed the opinion of substantially all
Americans when they said, "Resolved that the members of the first branch
of the national legislature ought to be elected by the people of the
several States." Assuredly if the draught which Pinckney was then
describing had contained the extraordinary and novel proposition that
the popular branch of the national legislature, the body which should
represent the people, was not to be chosen by the people he would have
had something "new" to lay before the Convention--something which did
not exist in the government of any English speaking people in the
world--something which "materially varied" from the belief and usage and
history and traditions of the people who were to ordain this
Constitution. Knowing Pinckney as we do--his general views, his
adherence to the general principles of the British constitution, his
attentive study of State constitutions, his outspokenness, his belief in
his own devices, we know that if his draught had then contained so
radical a departure from all existing constitutions as that which he
subsequently proposed in the Convention, and if he had worked himself
into a belief at the time when he wrote the Observations that the
election of their representatives by the people was "theoretical
nonsense", he could not have refrained from saying so. What is said in
the Observations harmonized with the constitutions of every State in the
Confederation and with the Virginia resolutions and with the views of
every member of the Convention excepting the five great land owners
from South Carolina.
The Observations, therefore (written before the Convention and published
afterwards), sustain the draught in the State Department.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account