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
After the great work was done and the Constitution had gone forth to the
world Pinckney knew that his draught was buried in the secrecy of the
proceedings. He too, like many another effusive young man, may have
thought his speech too good to be lost. Certainly he could not resist
the temptation of revealing what he had written and of recording the
great part he had played among the eminent actors in the Convention. He
avoided violating the pledge of secrecy by revealing no act or
proceeding of the Convention, not even that his plan had been presented
and referred. And it is fair to say that while he acted like a boy, he
also gave out the full record in a manly way. The absurdities in his
draught, as some of his provisions must have seemed to many intelligent
men, were set forth; the provisions which failed were set forth; the
propositions which he himself had abandoned and opposed were set forth.
There was no tampering with the record. There are passages in some of
his imperfectly reported speeches in the Convention which bear some
resemblance to his discursive rhetorical flights in the Observations,
and these he may have thought justified the title with which he prefaced
the publication. The two lines on the title page, "Delivered at
different Times in the course of their Discussions," are in very small
type and appear much as if they had been crowded into a printer's
proof--as if they had been an afterthought. But however that may be one
thing is certain, that the speech setting forth the contents of his plan
was never made in the Convention.
The Observations sustain the draught in the State Department in matters
of substance, but not in order and arrangement. The Observations also
allude to provisions which are not in the draught in the State
Department, provisions which may or may not have been in the draught
which was presented to the Convention; and these I shall subsequently
examine. As to the variance in order and arrangement there are two
things which should be considered: First: as a matter of antiquarian
research it would be interesting and satisfactory to ascertain that the
one draught was a facsimile or exact duplicate of the other; but where
the purpose of the inquiry (as in this case) is to ascertain what
contributions the draught of Pinckney made to the Constitution of the
United States, it is wholly immaterial whether one provision followed
another or preceded it, or was far removed from it. The second thing to
be remembered is that the draught of the Committee of Detail, so far as
it agrees in order and arrangement with the draught in the State
Department furnishes us with presumptive evidence of the order and
arrangement in the draught which was presented to the Convention. A
comparison of the two will show that the variances are so trivial that
they are not worthy of further consideration.
Public-domain text, read in full here on John Shaqi.
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