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 second place Pinckney speaks of having "several rough draughts of
the Constitution" ("4 or 5 draughts" he says) and he adds "that they are
all substantially the same, differing only in words and the arrangement
of the articles." Pinckney had preserved them certainly until the end of
the year 1818, and "numerous notes and papers which he had retained
relating to the Federal Convention." He also says that "with the aid of
the journal of the Convention and the numerous notes and memorandums I
have preserved, it would now be in my power to give a view of the almost
insuperable difficulties the Convention had to encounter, and of the
conflicting opinions of the members; and I believe I should have
attempted it had I not always understood Mr. Madison intended it. He
alone possessed and retained more numerous and particular notes of their
proceedings than myself." These "numerous notes and memorandums, more
numerous and particular" than those preserved by any other person,
Madison "alone" excepted, and with them the "several rough draughts,"
which he found with the other papers on his return to Charleston in
1818, existed when Pinckney wrote his letter and placed his copy of the
draught in the State Department. They existed both to refresh his memory
and to refute him if he was not acting in good faith. He acknowledged
Madison to be his superior in "notes and memorandums" and a particular
knowledge of the proceedings of the Convention; and Madison was still
living, and Pinckney by placing his copy of the draught in the State
Department invited Madison and all the world to examine it. That was the
time when Madison should have spoken. It is most unfortunate that he
waited fourteen years, and until after Pinckney's death and the death of
every other member of the Convention, before he spoke.
Like many another young lawyer I came upon Pinckney's draught in
Elliot's Debates and was astounded by finding so large a part of the
Constitution apparently written by the hand of a man whom I had never
heard extolled as a framer of the Constitution; and like many another
young lawyer, I accepted the reasons of Madison and the silence of Story
as conclusive. But the discovery and publication of Pinckney's letter in
1895 threw new light upon the subject and made it plain that Madison's
objections should not be taken as final and that his premises needed
corroboration. I therefore prepared the following inquiries in the hope
that I could persuade some historical scholar to take up this work of
Constitutional investigation.
1. Does the draught in the State Department upon its face appear to be
an author's draught--a, "rough draught," as Pinckney called it--with
his corrections, erasures, interlineations and alterations or does it
appear to be a duplicate or a fair copy of an original or "rough"
draught? It is in the handwriting of Pinckney; does it appear to be his
original piece of work, or an engrossed copy made by him of another
paper?
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