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
"The 16th article proposes to declare that if it should
hereafter appear necessary to the United States to
recommend the grant of any additional powers, that the
assent of a given number of the States shall be sufficient
to invest them and bind the Union as fully as if they had
been confirmed by the legislatures of all the States. The
principles of this, and the article which provides for the
future alteration of the Constitution by its being first
agreed to in Congress, and ratified by a certain proportion
of the legislatures, are precisely the same.
"There is also in the articles a provision respecting the
attendance of the members of both Houses; it is proposed
that they shall be the judges of their own rules and
proceedings, _nominate their own officers_, and be obliged,
after accepting their appointments, to attend the stated
meetings of the legislature; the penalties under which
their attendance is required, are such as to insure it, as
we are to suppose no man would willingly expose himself to
the ignominy of a disqualification.
"The next article provides for the privilege of the writ of
habeas corpus--the trial by jury in all cases, criminal as
well as civil--the freedom of the press and the prevention
of religious tests as qualifications to offices of trust
or emolument.
"There is also an authority to the national legislature,
permanently to fix the seat of the general government, to
secure to authors the exclusive right to their performances
and discoveries, and to establish a Federal University.
"There are other articles, but of subordinate
consideration. In opening the subject, the limits of my
present observations would only permit me to touch the
outlines; in these I have endeavored to unite and apply, as
far as the nature of our Union would permit, the
excellencies of such of the States' Constitutions as have
been most approved.
"I ought again to apologize for presuming to intrude my
sentiments upon a subject of such difficulty and
importance. It is one that I have for a considerable time
attended to. I am doubtful whether the convention will, at
first be inclined to proceed as far as I have intended; but
this I think may be safely asserted, that upon a clear and
comprehensive view of the relative situation of the Union,
and its members, we shall be convinced of the policy of
concentring in the federal head, a complete supremacy in
the affairs of government; leaving only to the States such
powers as may be necessary for the management of their
internal concerns."
The first comment to be made on this speech of Pinckney's is _that it
was never made, and that no speech whatever was made by him when he
presented his draught to the Convention_.
Public-domain text, read in full here on John Shaqi.
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