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 preamble in the Committee's draught is in Wilson's, word for word.
When we find that this preamble is in the preliminary draught of Wilson
(a member of the committee), and in the finished product (the draught of
the committee), we easily infer that Wilson was the author, the
originator of the preamble, and when we find that the same preamble is
in the draught of Pinckney and know that he possessed a copy of the
Committee's draught we are in danger of taking another step on the
pathway of assumption and reaching the conclusion that Pinckney must
have taken his preamble from the Committee's draught. This makes a case
against Pinckney which is entitled to explanation or examination.
The preamble to the Constitution of the United States was suggested by
the Articles of Confederation and the constitutions of eleven of the
thirteen States. Its language was taken by Pinckney or by Wilson, or by
both, from the Constitution of Massachusetts by much condensing.
Wilson's draught is identical in terms with Pinckney's save for the
insertion of a single word, "our," in the last line; "for the government
of ourselves and our posterity."
This word "our" is here a word of limitation, a word which taken
literally would confine the blessings and government of the Constitution
to the men who made it and their posterity. But at the time when these
early constitutions were framed the growth of the country it was
foreseen would depend chiefly on immigration. The Constitution of
Massachusetts does not use the word "citizen," and throws the door of
the elective franchise open to "every male person" "resident in any
particular town" and to "the inhabitants of each town." "And to remove
all doubts concerning the meaning of the word 'inhabitant' in this
constitution, every person shall be considered as an inhabitant, for the
purpose of electing and being elected into any office or place within
the State in that town, district or plantation where he dwelleth or has
his home." The draughtsmen of the Massachusetts Constitution therefore
with logical exactitude, left the word "posterity" unrestricted, and
broad enough to extend to the posterity of all men who thereafter might
become inhabitants within the State.
Two things must now be noted. The first is that every word in Pinckney's
preamble, save one, was taken from the preamble of the constitution of
Massachusetts; the second, that Pinckney's draught adheres to the
unrestricted "posterity" of the constitution, and does not follow the
restricted "posterity" of the Wilson draught. The charge that Pinckney's
preamble was "necessarily" derived from the Committee's draught is
therefore doubly refuted. There was a source to which Pinckney could go
for his preamble, the constitution of Massachusetts, and he went there;
there was a deviation from the constitution of Massachusetts in the
Wilson draught, and Pinckney did not follow it.
Public-domain text, read in full here on John Shaqi.
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