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 first of these traces of Pinckney's hand in the Committee's draught
is a very curious one inasmuch as it discloses the fact that in one
provision the Committee followed Pinckney's leading unconsciously, and
that their action was unauthorized by the Convention, if not in
violation of their positive instructions twice repeated. The subject,
the pay of Senators and Representatives, had been much discussed; but
neither in the Committee of the Whole nor in the Convention had it ever
been voted that the compensation should be either "determined" or "paid"
by the States. The proceedings of the Convention in regard to this have
been examined at length in the preceding chapter and the details need
not be repeated here. It is enough to recall the fact that the
Convention resolved expressly that the pay of Representatives should be
"adequate," and by implication that the pay of Senators should likewise
be adequate; and that the Committee of the Whole had previously resolved
that both should be paid out of "the public treasury." How the Committee
of Detail could have so reversed the determination of the Convention as
to provide that the members of both Houses should receive a compensation
not necessarily "adequate" and "to be ascertained" as well as "paid" by
the State "in which they shall be chosen" is explicable in only one way;
to-wit:
Pinckney's draught likewise declared, also in a single provision (art.
6) that "the members shall be paid for their services by the States
which they represent." There is a verbal difference between the
Committee's draught and the copy of the Pinckney draught in the State
Department, a bettering of the English, which was done by Wilson as we
have already seen in his draught and it is certain that the Committee
reported to the Convention a provision substantially that of the
Pinckney draught, a provision which the Convention had more than once
rejected. If the Pinckney draught was used as copy for the printer, it
is plain enough that the clause of six words "by the States which they
represent" may have misled the Committee. With the many propositions
which they had to codify and the brief time within which the work must
be done; and the confused and somewhat contradictory action of the
Committee of the Whole and the Convention in June, and the divided
responsibility and scrutiny of five men, it is easily possible that the
Committee were misled by the provision in the Pinckney draught; but it
is not possible that they could have been so misled if there had been no
Pinckney draught and they had followed the 3d and 4th resolutions and
borne in mind the action of the Convention and the words of its leading
members.
Public-domain text, read in full here on John Shaqi.
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