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
Here it was possible that Wilson followed the Pinckney draught, which
was in his possession, but it was not possible that Pinckney copied
Wilson's draught which was then unpublished and unknown. The words that
Pinckney and Wilson both used, "the one to be called the House, the
other the Senate" are clews which lead from Pinckney directly to the
Constitution of New York. The Committee changed the words and changed
the structure of the sentence and thereby rendered it certain that
Pinckney did not derive his provision from their draught.
Let us take another illustrative case:
Luther Martin's resolution of July 17th provided, "The legislative acts
of the United States" "and all treaties" "shall be the supreme law of
the respective States." (The 7th of the 23 resolutions.) Article VIII.
of the draught of the Committee of Detail varied the phraseology in one
word "shall be the supreme law of the _several_ States." The committee
of Style gave us the provision as it stands in the Constitution: (Art.
VI.) "This Constitution and the Laws of the United States which shall be
made in pursuance thereof; and all treaties which shall be made under
the Authority of the United States shall be the supreme law of the
_land_."
Turning back from the Constitution to Pinckney's draught, avowedly drawn
up before the work of the Convention had even begun, we find in his
Article VI. "All acts made by the legislature of the United States
pursuant to this Constitution, and all treaties made under the
authority of the United States shall be the supreme law of the land."
Public-domain text, read in full here on John Shaqi.
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