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 Rutledge did not consent to this. He and Pinckney seem to have
vaguely feared that the law of treason might yet be administered in the
United States by George III and he scrawled with his ruthless hand on
the margin of Wilson's carefully written page, "Not to work corruption
of Blood or Forfeit except during the life of the party"; and Wilson
thereupon erased his own provision and struck it out from among the
specific, unrestricted powers.
Here the significant fact to be noted is that the words written on the
margin of Wilson's draught were not taken from Pinckney's. That is to
say the restrictions proposed by Rutledge were additional to those set
forth by Pinckney. What Pinckney wrote and what Rutledge wrote and
nothing more make the second section of the Committee's draught
compounded and rearranged. The material was supplied by Pinckney and
Rutledge; the reconstruction, judging by the careful and logical way the
work was done was by Wilson: 1 the definition of the crime; 2 the power
to punish the crime defined; 3 the restriction upon judicial
proceedings, on the testimony of two witnesses; 4 the restriction upon
the result of conviction, that it should not work corruption of blood,
or forfeiture except during the life of the person attainted. It is also
to be noted that no draught of this section 2 has been found. For
reasons subsequently to be stated (chap. XII) it must be inferred that
it was framed on the margin of the Pinckney draught.
In article 8 of Wilson's draught immediately following his treason
clause is this provision:
"To regulate the discipline of the militia of the several States."
In article 6 of Pinckney's draught the same power is given:
"To pass laws for arming organizing and disciplining the militia of the
United States."
This grant of power to arm organize and discipline meant that control of
State troops should be taken from the States and lodged in the general
government. It was a radical departure from what had been; a change not
countenanced by the Articles of Confederation and not authorized by the
23 resolutions. During the debates no member of the Convention had so
much as suggested it; and on the 26th of July when the Convention
adjourned to enable the Committee of Detail to draught a constitution,
Pinckney alone had ventured to formulate a provision which might alarm
the States and arouse the anger and opposition of the militia. He had
done so; that we know; it is incontrovertible, for it is specifically
described in the Observations "the exclusive right of establishing
regulations for the government of the militia of the United States ought
certainly to be vested in the Federal Government."
Yet the Committee of Detail did not think so and they did not report
such a provision. Here again it is possible that Wilson took his
provision from Pinckney's draught, but it is not possible that Pinckney
took his from Wilson's.
Public-domain text, read in full here on John Shaqi.
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