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
What was this disapproval? Article V provides that the members of each
house shall not be eligible to office during the time for which they
have been respectively elected, "nor the members of the Senate for one
year after." This idea that a member of Congress should not hold, during
his legislative term of office, an executive office which he had helped
to create or the emoluments of which he had helped to increase,
undoubtedly existed in many minds. But under the scheme embodied in the
Pinckney draught there was a peculiar reason why the ineligibility of
Senators should continue after their legislative terms of office had
expired. That reason was because (Art. VIII), the Senate was to be an
appointing power. It was to "have sole and exclusive power to" "appoint
ambassadors, and other ministers to foreign nations, and judges of the
Supreme Court." Under this scheme it was obvious that a Senator should
not be allowed to step out of office at the expiration of his term on
one day and be appointed by his late colleagues to an important office
on the next day. It is, therefore, not a surprising thing to find this
provision in the draught and to find it applied only to the Senate.
On the 14th of August Pinckney had so far modified his own views that he
was then in favor of making the members of each House incapable of
holding executive salaried offices while they continued members, with a
provision that "the acceptance of such office shall vacate their seats
respectively." This having failed in Convention, he on the same day
urged a general postponement of the subject "until it should be seen
what powers should be vested in the Senate" "when," he said, "it would
be more easy to judge of the expediency of allowing officers of State to
be chosen out of that body." This postponement was agreed to nem. con.
It is manifest that the idea of the Senate being an appointing power was
still uppermost in his mind. He gave good reasons for not making
ineligibility absolute; but he consistently adhered to the idea that the
same person should not be both a Legislator and an officer of State.
Public-domain text, read in full here on John Shaqi.
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