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
Sparks did not acknowledge the receipt of the letter until the 17th of
January, 1832, and then the acknowledgment was called out by a letter
from Madison of January 7th. He yielded a reluctant assent, manifestly
in deference to Madison, that "this letter seems to me conclusive, but"
(he immediately adds), "I am still a good deal at a loss about the first
draught of the Committee. The history of the composition of the draught
would be a curious item in the proceedings of the Convention." Here
Sparks again put his finger on one of the things that needed
explanation, "the composition of the draught." His sagacious mind
grasped the fact that the structure of the draught of the
Constitution--of the Constitution itself, would indeed be a "curious
item in the proceedings of the Convention." It was original work in
style, order, details and arrangement; "a curious item" indeed! Whose
was the hand that sketched it? When Sparks was so near the end of the
matter and on the path which led to the end, it seems almost incredible
that he did not take one step forward. If he had he would have solved
the problem and dispelled the mystery.
Madison's letter of November 25th seems to have been written for
posterity as well as for the man to whom it was sent. Its untold object
manifestly was to divert attention from the draught of the Committee and
to direct comparison to the Constitution itself. Three years later in
his letter to Judge Duer he reiterated what he had said to Sparks, and
again he said nothing upon the point which Sparks had plainly placed
before him. Finally when he prepared his Note to the Plan, he for a
third time, was silent on the primary issue in the case, Did the
Committee follow Pinckney's draught or did Pinckney surreptitiously use
the Committee's?
This silence of Madison's is a most curious instance of his sagacious
and adroit management. It was not his business to direct attention to
this troublesome final issue and he did not. The "Note of Mr. Madison to
the Plan of Charles Pinckney" would be published; the letters of Sparks
to himself might never see the light. Indeed I can give this tribute to
his adroitness--that this book was written in the belief that Madison,
never knew of Pinckney's letter to the Secretary of State, and that his
weakened mind had overlooked the draught of the Committee of Detail; and
it was not till the book was finished that I found the letters of Sparks
above quoted and was compelled thereby to supply this chapter, and
modify what I had elsewhere written.
CHAPTER XI
THE WILSON AND RANDOLPH DRAUGHTS
Since Madison's time there have been uncovered four papers of which he
knew nothing, and they bring us into an almost new field of inquiry.
These papers are in the handwriting of James Wilson, Edmund Randolph and
John Rutledge (all members of the Committee of Detail) and they are
draughts (or sketches for draughts) of the Constitution.
Public-domain text, read in full here on John Shaqi.
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