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
When one instrument is fashioned after another the natural and even
unconscious action of the mind is to correct and improve. It is a going
forward toward a desirable result. To fashion the second instrument
after the first but in such a manner that in many details there would be
an unfailing inferiority would be a going backward. This inferiority in
detail runs through the Pinckney draught as has repeatedly been shown
before. When Sparks wrote the word "artful" he used the right word, the
word which controlled the situation--"in so artful a manner as to make
it seem the original" most accurately defines what Pinckney did in
Charleston in 1818 if he then fabricated a new draught.
Of course such a fabrication was possible but it would have required a
literary forger with a genius for literary forgery to have taken the
Committee's draught and given these artless imperfections--these
delicate touches of inferiority to the copy for the State Department.
To the specific charge that Pinckney must have sketched his draught "in
so artful a manner as to make it seem the original" if it was not what
he had represented it to be, Madison made no reply. Sparks had narrowed
the issue to this, "Did the Committee follow Pinckney's draught or did
Pinckney use the Committee's?" But Madison evaded the issue. Sparks had
shown that the Committee did not confine themselves to results arrived
at after discussion in the Convention; but that they had incorporated in
their draught "important provisions not found in either" set of
resolutions, and he called Madison's attention "to the extraordinary
coincidence between the two draughts;" and he added that he could not
"account for the Committee following any draught so servilely,
especially with Randolph's resolutions before them, and Randolph himself
one of their number." It was for Madison then to meet this issue and
show definitely where the Committee got the many new provisions of their
draught, important and unimportant, if they did not get them from the
Pinckney draught.
On the 25th of November, 1831, Madison replied at length to Sparks'
letter but he said not a word about the draught of the Committee or of
Pinckney's letter to the Secretary of State. His answer was in effect,
"Impossible!"
Public-domain text, read in full here on John Shaqi.
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