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
In Pinckney's draught is set forth (art. 3) "The House of Delegates
shall exclusively possess the power of impeachment, and shall choose its
own officers; and vacancies shall be supplied by the executive authority
of the State in the representation from which they shall happen." And in
the Committee's draught it is similarly set forth (art. IV, sec. 6, 7)
"The House of Representatives shall have the sole power of impeachment.
It shall choose its speaker and other officers. Vacancies in the House
of Representatives shall be supplied by writs of election from the
executive authority of the State in the representation from which they
shall happen" (sec. 7). These incongruous things Pinckney threw together
in a single sentence. The Committee placed two of them in one section
and the third in another, and amplified and corrected as usual; but not
one of these powers is enumerated in the twenty-three resolutions; and
let it also be noted that the peculiar and awkward phraseology, "the
executive authority of the State in the representation from which they
shall happen" is in both.
While the uses and misuses of the Pinckney draught conclusively
establish the fact that the Committee of Detail did use it and
frequently adhere to its text, a more comprehensive and just idea of the
service which Pinckney rendered and the manner in which his draught was
used in the formation of the Constitution will be obtained by placing
ourselves in the place of the Committee and using it as they must have
used it.
At the convening of the Committee the draught which had been referred by
the Convention was before them. It was the only draught of the proposed
constitution which had been prepared by anyone--the only instrument or
document, so far as our knowledge goes, which could be used by them as a
pattern or basis for their work. Unquestionably the Committee sooner or
later would take up this one instrument of its kind and ascertain how
far it would serve their purpose.
The preamble is the first and chief sentence in the Constitution; for it
declares the source and supremacy of its authority. "We the people of
the United States" "do ordain, declare and establish this Constitution."
The preamble goes behind State governments, asking nothing from them,
either of authority or consent, and invokes the power which established
them, the people of the United States. This supreme power, if the
Constitution should be adopted, would allow States and State governments
to continue to exist, but to exist subordinate to a new power, the
Constitution of the United States and as parts and not units. In the
first letter which Madison (then in New York) wrote to Jefferson (then
in Paris) after the adjournment of the Convention, he said:
Public-domain text, read in full here on John Shaqi.
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