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
"It was generally agreed that the object of the Union could not be
secured by any system founded on the principle of a confederation of
Sovereign States. A voluntary observance of the federal law by all the
members could never be hoped for. A compulsive one could evidently never
be reduced to practice, and if it could, involved equal calamities to
the innocent and the guilty, the necessity of a military force, both
obnoxious and dangerous, and, in general, a scene resembling much more a
civil war than the administration of a regular government.
"Hence was embraced the alternative of a government which, instead of
operating on the States, should operate without their intervention on
the individuals composing them; and hence the change in the principle
and proportion of representation."
The chief idea of the preamble is not set forth in any resolution or act
of the Convention; and no instruction so to declare the source of
authority was given to the Committee of Detail. The preamble belongs
exclusively to Pinckney, though its words as we have before seen, were
taken from the preamble of the constitution of Massachusetts. Chap. XI.
The only amendment which the Committee of Detail made, was in the last
line of Pinckney's, the insertion of a single word "our,"--"for the
government of ourselves and our posterity." With the exception of this
word the Committee took Pinckney's preamble as they found it, and so
reported it to the Convention. During the subsequent sittings of the
Convention it remained unamended and unquestioned and undiscussed until
at last it received the final touch of the Committee of Style.
In article 1 Pinckney followed in part the Articles of Confederation and
in part the Constitution of New York: "The stile of this Government
shall be the United States of America, and the Government shall consist
of supreme legislative, Executive and judicial powers."
This the Committee broke into two articles and in the first line
changed "this" to "the" but made no other change.
Article 2 relates to the legislative power and was taken by Pinckney
almost verbatim from the constitution of New York. The Committee changed
"House of Delegates" to "House of Representatives," and filled a blank
with "first Monday in December," and in place of two "houses" said two
"distinct bodies of men," and introduced a needless provision that each
house "shall in all cases have a negative upon the other."
Public-domain text, read in full here on John Shaqi.
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