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 first paper, chronologically, is not a draught. It was discovered by
Professor McLaughlin and was published by him in the Nation of April 28,
1904, and is among the Wilson papers in the library of the Historical
Society of Pennsylvania. It is in Wilson's hand and was found among his
papers; but if it was drawn up by him, of which I do not feel sure, it
is questionable whether it was prepared by him for the Convention of
1787; and it is unquestionable that it was prepared before the adoption
of the 23 resolutions. A single article, or item of the paper will
demonstrate this and its worthlessness.
"20. Means of enforcing and compelling the Payment of the
Quota of each State."
This is all that there is concerning the rock upon which the
Confederation was already wrecked--the dependence of the general
government upon the voluntary action of the State governments for
revenue. Wilson in 1787 was too intelligent a statesman to even think of
retaining this condition of national dependency, and he was too wise a
man to talk of "enforcing and compelling" the several States to
contribute to the national treasury. He may have prepared the paper some
time before the Convention was called, when amendments to the Articles
of Confederation were all that was anticipated, but he did not draw up
this memorandum after he had become a member of the Committee of Detail.
The second paper in Wilson's hand was discovered by Professor Jameson
among the Wilson papers, and was published by him in the Annual Report
of the Historical Association, 1902, Vol. I., p. 151. This paper
contains the preamble of the Pinckney draught, and, consequently, of the
draught of the Committee. Then follow the first three articles of the
Committee's draught, with some slight variations of language; and then
under the caption of what should be article 4, come 29 paragraphs
containing provisions closely agreeing with provisions in the
Committee's but unarranged and incoherent in their order. The second
sheet of this draught is unfortunately missing; the third sheet contains
various provisions, following closely the 17th, 18th, 19th, 20th and
21st resolutions, and, near the end of the paper, the provision relating
to the veto power taken from the constitution of Massachusetts with the
term "Governour of the United States" twice used.
Public-domain text, read in full here on John Shaqi.
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