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
Wilson probably inserted the word "our," in his preamble for a
rhetorical reason; for he was one of the signers of an instrument which
rang with its own concluding words "OUR LIVES, OUR FORTUNES AND OUR
SACRED HONOR."
The insertion of one word (our) in one of these preambles is a slender
strand of circumstantial evidence. But circumstantial evidence is made
up generally of slender strands; and circumstantial evidence is least
suspicious when the strands are severally insignificant. With the
Declaration of Independence and the Articles of Confederation and eleven
of the State constitutions containing preambles, it is inconceivable
that Pinckney would have framed his draught without a preamble; and if
Pinckney framed the preamble, as he must have done, it is inconceivable
that he would have thrown it aside in 1818 and substituted another
man's, for he was never ashamed of his own work. And it must be taken
as a fixed fact that Pinckney had a preamble, for the structure of the
draught required it; the first article would be meaningless without one,
"The stile of _this government_"--the government announced in the
preamble. Therefore having the necessity of a preamble, and the
production of one in 1818, and the strict adherence in words and intent
to the constitution of Massachusetts and Pinckney's familiarity with
that constitution, the severally slender strands become a cord of
circumstantial evidence which must satisfy an unprejudiced mind that
Pinckney was the author of the preamble in his draught. There are too
many clews here to be disregarded, and they all lead one way. The
unquestionable sketches of a preamble in Wilson's and Randolph's
handwriting show only three attempts and three failures.
Let us now consider a second illustrative case:
As we have seen in a previous chapter (Chap. XI) the 3d of the 23
resolutions declared that the members of the House of Representatives
"ought" to receive an adequate compensation for their services; and the
4th resolution, that the members of the Senate "ought" "to receive a
compensation for the devotion of their time to the public service." The
term "adequate" implied and required the exercise of some discretionary
power, which must necessarily be national. For if Senators and
Representatives were to be paid by the States which sent them to
Congress, the members of Congress could not well turn around and dictate
to the States what they should be paid. This was understood at the time.
For on the 22d and 26th of June when the Convention refused to retain
the words "to be paid out of the National Treasury" in the 3d
resolution, "Massachusetts concurred" as Madison says, "not because they
thought the State Treasury ought to be substituted; but because they
thought nothing should be said on the subject, in which case it wd.
silently devolve on the Nat. Treasury to support the National
Legislature."
Public-domain text, read in full here on John Shaqi.
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