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
On the 14th of August Pinckney proposed to make members ineligible to
hold any office by which they would receive a salary. This was merely a
restriction on the original proposition of the draught, a limiting of
its application to salaried offices but leaving members eligible and
capable of filling honorary positions. To say that his original
proposition was thereby "highly disapproved" by him is certainly an
abuse of the term "highly disapproved." The objection of Madison when
tested by his own record, the Journal, comes down to this: that three
months or more after Pinckney wrote the draught, he thought it better to
limit the Constitutional prohibition to "salaried offices." This
restriction was a trivial and a sensible modification. To infer from it
that Pinckney then "highly disapproved" his own original proposition
merely marks the nervous excitement which seems to have impelled Madison
to exaggerate every little deviation of Pinckney from the strict letter
of his draught into conclusive evidence that this draught never existed.
This brings us to the extrinsic evidence on which Madison relied, the
testimony of Pinckney against himself.
CHAPTER IX.
THE OBSERVATIONS
The Observations of Pinckney, in Madison's estimation, fully sustained
his arguments and justified his attacks on the verity of the draught in
the State Department. The publication so entitled is a small pamphlet of
27 pages. It has the following title page:
Observations
on the
PLAN OF GOVERNMENT
Submitted to the
FEDERAL CONVENTION
in Philadelphia on the 28th of May, 1787
By Mr. Charles Pinckney
Delegate from the State of South Carolina
DELIVERED AT DIFFERENT TIMES
IN THE COURSE OF THEIR DISCUSSIONS.
New York. Printed
by Francis Childs
Two copies of this are in the library of the New York Historical
Society, and it is reprinted in Moore's American Eloquence. It bears no
date, but we learn from Madison's letter to Washington (before quoted)
that it must have been published before the 14th of October, 1787; that
is to say immediately after the dissolution of the Convention on the
17th of September.
Madison unquestionably relied upon this pamphlet as containing the
highest evidence against the verity of the draught in the State
Department. The anxiety which he showed to obtain it, and the care with
which he brought it to the attention of those who were or who in the
future might be interested in the matter make it plain that he regarded
the Observations as a conservatory of admissions which Pinckney would
not deny if he were living, and which his friends could not controvert
now that Pinckney was dead.
The first record we have of Madison's reliance on this pamphlet is a
memorandum found among his papers which bears no date but which must
have been written prior to April 6th, 1831.
"FOR MR. PAULDING"
Public-domain text, read in full here on John Shaqi.
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