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
What a rough draught is may be seen by referring to the literal reprint
of the Journal of Madison in the Documentary History of the Constitution
by the Department of State. It is something which requires an editor to
put the author's changes and amendments in their proper places. A
constructive piece of work as long as the Pinckney draught, must have
been cut, transposed, changed, added to over and over again. To be
intelligible it would require editing, and the Secretary had informed
Pinckney that he wanted the "copy" for publication, and that he wanted
it "at an early day": and no man would have parted with such an
important paper and confided the editing of it to some unknown clerk in
an executive department. In a word Pinckney did what any man similarly
circumstanced would have done, he kept the original paper in his
possession, and sent to the Secretary of State what he had asked for, "a
copy of it."
If we turn now to the printed copy of the draught and note the extent of
article 6, containing the enumeration of the powers of Congress, and the
extent of the second paragraph of article 8, setting forth the powers
and duties of the President, and if we remember that all this matter is
to be found in the Constitution, it becomes instantly apparent that
absorption of all these provisions by interlineation as suggested by
Madison was absolutely impossible. In a word the bridge which Madison
built breaks down. Therefore we must face the inexorable alternative:
either Pinckney gave to the Convention a draught substantially like
that in the State Department or he fraudulently fabricated that draught
after the Secretary of State had called upon him for a copy.
CHAPTER III
OF THE ISSUE OF FRAUD
On this issue of fraud we must first look at the circumstances as they
existed in December, 1818.
Public-domain text, read in full here on John Shaqi.
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