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
"P.S.--You may be assured, Sir, that I have no intention of
printing anything on this subject, nor of using your
authority in any manner respecting it. I am aware of the
delicate situation in which such a step would place you,
and you may rely upon my discretion. I am greatly puzzled,
however, in respect to the extraordinary coincidence
between the two draughts. Notwithstanding my reasons above
given, I cannot account for the committee's following any
draught so servilely, especially with Randolph's
Resolutions before them, and Randolph himself one of their
number.--I doubt whether any clear light can be gained,
till Pinckney's original draught shall be found, which is
probably among the papers of one of the committee. It seems
to me that your secretary of the convention was a very
stupid secretary, not to take care of these things better,
and to make a better Journal than the dry bones that now go
by that name."
This letter set forth the real elements of the case, elements
incontrovertible and absolutely certain--that Pinckney's draught was
referred to the Committee of Detail; that it was never considered in
the Convention; that the period within which the Committee framed their
draught was a brief one; that the Committee's draught bears no
resemblance in form to the resolutions of the Convention and contains
provisions not found in them; that the Committee so departed from the
resolutions, though Randolph himself was one of their number, and struck
out an entirely new scheme in form of which no hint had been given in
the debates and that the Committee's draught in form, language and
arrangement appears to be a copy of Pinckney's with amendments and
additions.
From these sure premises Sparks deduced two alternative conclusions; "I
think any person examining the two [draughts] for the first time without
a knowledge of the circumstances or of the bearing of the question would
pronounce the Committee's report to be a copy of the draught with
amendments in style and a few unimportant additions," "or that _Mr.
Pinckney sketched his draught from the Committee's, and in so artful a
manner as to make it seem the original, a suspicion I suppose not to be
admitted against a member of the convention_."
In the second clause of the latter alternative Sparks with admirable
sagacity applied the most delicate test that could be applied to the
matter. He brings the dilemma down to this: The Committee must have used
Pinckney's draught or Pinckney must have sketched his draught from the
Committee's; and more than that, he must have sketched it "_in so artful
a manner as to make it seem the original_."
Public-domain text, read in full here on John Shaqi.
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