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
There is a curious provision in his draught relating to the compensation
of Senators: "The wages of Senators shall be paid out of the treasury of
the United States; those wages for the first six years shall be ----
dollars per diem. At the beginning of every sixth year after the first
the supreme judiciary shall cause a special jury of the most respectable
merchants and farmers to be summoned to declare what shall have been the
averaged value of wheat during the last six years, in the State where
the legislature shall be sitting; and for the six subsequent years, the
Senators shall receive per diem the averaged value of ---- bushels of
wheat."
This extraordinary provision for the benefit of Senators only
illustrates the crudity of Randolph's intentions at the time and the
incompleteness of his plan.
The annotations of Rutledge are few but they are valuable for they
authenticate the paper; they prove it was the very paper upon which
Randolph and Rutledge worked; and that it was all which they had then
prepared toward a draught of the Constitution.
These draughts of Randolph and Wilson disclose another fact of unusual
interest. When the Randolph draught was found bearing the annotations of
Rutledge, it suggested the idea that the two Southern members of the
Committee of Detail had put their heads together to draught a
constitution which would be accepted at the South, and that probably the
three Northern members had prepared another which would be accepted at
the North. But the final draught of Wilson dispels that illusion. We now
know that Rutledge gave quite as much attention to the Wilson draught
as to the Randolph draught, and that he wrote many more amendments upon
its margin. Nothing has been discovered to show that Ellsworth and
Gorham even attempted to draught a constitution; and after finding that
the other members used and utilized and amended the Pinckney draught we
know that there was nothing left for Ellsworth and Gorham to draught.
They were not constructive men in the Convention, though being
critically minded they may have rendered good service in the way of
revision, but they contributed nothing to the draught of the Committee.
Every provision in it is traceable to Pinckney, Wilson, Randolph and
Rutledge, and they were its authors.
The second and third draughts of Wilson appear in neatness and
completeness to be copies. There is nothing indicative in them of an
author's perturbations. The writing is small and finished. If it were
not known to be Wilson's hand one could easily believe it to be that of
a secretary, giving good work for wages, undisturbed by the cross
currents of thought and composition. But on the back of a sheet of the
second draught is a paragraph which is unmistakably a rough draught,
which is unquestionably author's work, warped and altered in the
uncertainties of construction and composition; and this piece of work is
a preamble.
Public-domain text, read in full here on John Shaqi.
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