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
"The jurisdiction of the supreme tribunal shall extent; 1, to all cases
arising under laws passed by the general Legislature; 2, to impeachments
of officers; and 3, to such cases as the national legislature shall
assign, as involving the national peace and harmony; in the collection
of the revenue; in disputes between citizens of different States (here
Rutledge has added on the margin 'in disputes between a State and a
citizen or citizens of other States'); in disputes between different
States; and disputes in which subjects or citizens of other countries
are concerned (here Rutledge has added 'in cases of admiralty
jurisdiction'). But this supreme jurisdiction, shall be appellate only;
except in cases of impeachment and in those instances, in which the
Legislature shall make it original; and the Legislature shall organize
it. The whole or a part of the jurisdiction aforesaid, according to the
discretion of the legislature, may be assigned to the inferior
tribunals as original tribunals." Meigs, p. 244.
When we pass to the draught of the Committee of Detail we find that the
latter part of this section of Randolph's was adopted, but that the
first part was rejected. This rejection however was not a curtailment of
jurisdiction, but a substitution of other language in the stead of
Randolph's. The question therefore which is now presented to us is this,
Who contributed the substitute? Who was the author of the first part of
the 3d section?
The corresponding declaration of jurisdiction in the Pinckney draught in
article 10 contains only four subjects of jurisdiction. Each of these
was suggested by other provisions of the draught. Article 8 for
instance, provides that the President may be removed "on impeachment by
the House of Delegates and conviction in the Supreme Court." Article 10
accordingly provides that the jurisdiction of the Supreme Court shall
extend to "the trial of impeachment of officers." The style is
characteristic of Pinckney; clear and terse and yet carelessly
expressed. "One of these courts," he says, "shall be termed the Supreme
Court, whose jurisdiction shall extend to all cases arising under the
laws of the United States, or affecting ambassadors, other public
ministers and consuls; to the trial and impeachment of officers of the
United States; to all cases of admiralty and maritime jurisdiction."
If we now turn to the draught of the Committee we shall find that these
lines are the first lines of section 3, and that the two draughts are
here identical. They contain the same provisions, arranged in the same
sequence, expressed in the same terms. These lines therefore form the
substitute which appears to have displaced the first part of Randolph's
section. The two things fit together with precision.
Public-domain text, read in full here on John Shaqi.
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