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
Furthermore this thing was not done in a corner and the consideration of
it was not confined to an hour. On the 12th of June the Committee of the
Whole had resolved that the Representatives in Congress "ought to be
paid out of the National Treasury," and again on the same day that
Senators "ought" "to be paid out of the National Treasury"; and on the
13th of June the committee had voted to report these resolutions to the
Convention; and on the 22d of June the Convention had refused to change
this to payment by the States. Moreover the proposition that members be
paid by the States had been condemned by the strongest men in the
Convention. "Those who pay are the masters of those who are paid,"
Hamilton had said; and Gorham, Randolph, King, Wilson, and Madison had
said as much.
Nevertheless the Committee of Detail reported a provision that the
members should be paid by the States; and, not only this, but also, that
the compensation should be "ascertained" "by the State in which they
shall be chosen."
The only reason for or explanation of the Committee's act so far as we
know is that working hurriedly, they overlooked one of the details of
the 3d and 4th resolution, and, using Pinckney's draught as their copy,
inadvertently allowed this provision of his to stand unchanged.
In these newly found papers of Wilson this provision making the
compensation of the national legislators dependent upon the action of
the State legislators appears just as it stands in the draught of the
Committee of Detail. Did Wilson originate this or did he get it from the
Pinckney draught?
There is good reason for believing that such a provision would be found
in Pinckney's draught. On the 22nd of June when the clause of the 3d
resolution declaring that members "ought to be paid out of the public
treasury" had been advocated by some of the strongest men in the
Convention, and the Convention apparently were about to adopt it, their
immediate action was blocked by South Carolina; "The determination of
the House on the whole proposition was, on motion of the Deputies of the
State of South Carolina, postponed until to-morrow," says the Journal. A
State had this right under the Rules of the Convention, and the Deputies
of South Carolina exercised it, Pinckney being one of them. On the
following day they succeeded in defeating the adoption of the clause.
On the 26th of June General Pinckney "proposed that no salary should be
allowed" to Senators. "This branch" he said "was meant to represent
wealth; it ought to be composed of persons of wealth." And "on the
question for payment of the Senate to be left to the States" South
Carolina voted "aye."
Public-domain text, read in full here on John Shaqi.
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