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
Article VIII "is remarkable also for the circumstance that whilst it
specifies the functions of the President, no provision is contained in
the paper for the election of such an officer." This is not a complete
statement of the case. The article declares that "the executive power"
shall be vested in a President and that "he shall be elected for ----
years." The provisions relating to the President were on their face
incomplete. There are virtually two blanks left in the provision, the
one relating to the length of the President's term of office, the other
to the manner in which he should be chosen. The 12th resolution filled
these blanks for a time by saying "seven years" for the one and by "the
National legislature" for the other. Here were "results" arrived at in
the Convention. That Pinckney did not fill these blanks in the
Department copy--blanks so obvious and so easily filled--goes a great
way to show that he did not in any place complete his draught by writing
into it "results" arrived at in the Convention. It is a strained,
artificial conclusion which calls an omission "remarkable" when the
instrument is avowedly nothing but an incomplete, tentative draught
prepared for the future consideration of its author as well as other
persons.
Madison notes "variances" between the draught in the Department and the
propositions and arguments of Pinckney in the Convention. "Thus in
article VIII" he says, Pinckney provides for the impeachment of the
President but on the 20th of July he was opposed to "any impeachability
of the Executive." "He was sure they _ought not to issue from the
legislature who would in that case hold them as a rod over the
Executive_." But the draught says much more than Madison repeats. "He
shall be removed from his office on impeachment by the House of
Delegates _and conviction in the Supreme Court_." Pinckney did not
oppose that in the Convention. Madison on his own record clearly had no
right to say that Pinckney "was opposed to any impeachability of the
Executive." He did not oppose such an impeachability as his draught
provided for viz., by the Supreme Court, and his reasons quoted by
Madison do not apply to the impeachability provided in his draught.
Public-domain text, read in full here on John Shaqi.
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