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 significant fact to be noted here is that the Pinckney draught
contains the provisions and words which form the apparent substitute in
the Committee's draught, but contains nothing more. In a word not one of
the provisions which we now know were prepared by Randolph and Rutledge
are in the Pinckney draught.
Four then of the grants of jurisdiction in article XI section 3 of the
Committee's draught apparently were taken from the Pinckney draught and
the remaining four unquestionably were taken from the Randolph draught.
The section therefore is composite.
Wilson's draught here comes into the case enabling us to understand how
this combination was brought about.
Wilson was in effect rewriting the Pinckney draught. Finding the first
four subjects of jurisdiction precisely what he wanted, he retained them
as they were without change or amendment. But they were insufficient.
Randolph, Wilson and Rutledge were lawyers in practice who could foresee
controversies in the future dual system which Pinckney had not foreseen.
Accordingly Wilson took four additional subjects of jurisdiction from
Randolph's draught having Rutledge's amendments and with some revising
thus brought eight subjects of jurisdiction into his draught which
subsequently appeared in the Committee's.
To say that Pinckney was fraudulently plagiarising from the Committee's
draught 31 years afterward and that while so doing he chanced to take
one-half of the Committee's subjects of jurisdiction but not the other
half, and that the half which he chanced to take might very well be his
own, and that the half which he did not take chanced, as we now know, to
be Randolph's is to state an absurdity. There are too many things here
to be ascribed to chance; and each and all of them must have chanced to
take place to make out a case of plagiarism against Pinckney.
The third piece of information which Randolph's draught gives us is in
the nature of positive evidence and establishes directly the fact that
the Committee recognized Pinckney's draught and used it.
Under the heading, "_The following are the legislative [powers] with
certain exceptions and under certain restrictions_," Randolph set forth
the powers of Congress, for the most part taken from the Articles of
Confederation, "To raise money by taxation"; "To make war," etc., etc.
After investing the general government with these powers he turned, not
illogically, to restrictions which would prevent the States from
usurping or denying the powers so granted and placed in his draught the
following provision:
"All laws of a particular State repugnant hereto shall be void; and in
the decision thereon, which shall be vested in the supreme judiciary,
all incidents without which the general principle cannot be satisfied
shall be considered as involved in the general principle."
This section he subsequently cancelled and over it he wrote, "_Insert
the 11 article._"
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account