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
But there is no good reason why we might expect to find this provision
in Wilson's draught. The resolutions did not so direct; and there had
not been a single vote of the Convention which committed this matter of
compensation to the States; and Wilson's personal bias could not have
misled him for he condemned it. On the 22nd of June he had said in the
Convention that "he thought it of great moment that the members of the
National Government should be left as independent as possible of the
State Governments in all respects," and during the same debate he had
moved that the salaries of the 1st branch "be ascertained by the
National Legislature." The explanation is that Wilson working with
Pinckney's draught before him gave his attention to improving its
phraseology; and that the other members of the Committee confiding in
Wilson's scrupulous carefulness and particularity overlooked his
mistake.
We have before us a third illustration:
The Constitution of New York provided, "The supreme legislative power
within this State shall be vested in two separate and distinct bodies of
men; the one to be called the Assembly of the State of New York; the
other to be called the Senate of the State of New York; who together
shall form the legislature, and meet once at least in every year for the
despatch of business."
The draught of Pinckney varies slightly; "The legislative power shall be
vested in a Congress, to consist of two separate houses; one to be
called the house of Delegates; and the other the Senate, who shall meet
on the ---- day of ---- in every year."
The draught of Wilson also follows this with little variation:
"The Legislative power of the United States shall be vested in two
separate and distinct Bodies of Men, the one to be called the House of
Representatives of the People of the United States, the other the Senate
of the United States."
So far we have in these three instruments the same earmark: "the one to
be called the Assembly of the State of New York; the other to be called
the Senate." "One to be called the House of Delegates and the other the
Senate." "The one to be called the House of Representatives, the other
the Senate." But the draught of the Committee of Detail departs both in
words and structure from this form: "The Legislative Power shall be
vested in a Congress to consist of two separate and distinct bodies of
men, a House of Representatives and a Senate; each of which shall in all
cases have a negative upon the other."
Public-domain text, read in full here on John Shaqi.
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