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 choosing of the President by means of electoral colleges in which
each State should have a proportionate power equal to its total
representation in the two houses of Congress was one of the notable
compromises between the large and small States; and what Madison says
must excite the curiosity of the Constitutional student to know in what
manner Pinckney provided in his draught for the choosing of the
President and whether he attempted a compromise. The original draught is
lost; but here Madison appears with the Observations which he
fortunately saw in 1787 and which he fortunately remembered in 1831 and
which, remembering, he brought to light and made an authority; and these
Observations, according to Madison, presumptively set forth what the
original draught contained so fully and accurately that upon the faith
of them we can and must reject the copy of the draught which Pinckney
produced and placed in the State Department. Therefore we may turn to
the Observations with unusual interest to ascertain whether Pinckney
provided, and in what manner he provided, for the choosing of the
President.
We find that the Observations are as silent as the draught in the State
Department. They are not more silent however. If the Observations said
nothing and were absolutely silent on the subject of the President, it
might be a casual oversight of the writer. But the Observations agree
with article VIII; both recognize the Executive as vested in one
person; both limit his term of office, the one to seven, the other to
---- years; both expressly declare that he shall be re-eligible; both
are silent as to the means by which he shall be chosen. The Observations
here are little more than a paraphrase of article VIII. Madison regarded
the omission to provide for so vitally important a thing as the choosing
of the President as "remarkable"; but the more remarkable the omission,
the more significant the coincidence.
The explanation of Pinckney's conduct and of the contradictions between
his statements in the Observations and the facts appearing on the
records of the Convention, including in the term the Madison Journal and
the Yates Minutes is, I think, the following:
Public-domain text, read in full here on John Shaqi.
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