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
Article 3 relates to members of the "house of delegates"; to the term of
office, to the qualifications of the electors, to the qualifications of
members, to their apportionment among the States, to their proportion
with population, to "money bills," impeachment, the choosing of their
own officers, and to vacancies. Here the Committee's method of breaking
an article into sections begins. But the seven sections of the
Committee's follow in the same order and almost in the same words, the
sentences of Pinckney. The article, like Pinckney's, begins with, "The
members of the house"; and ends, like his, "in the representation from
which they shall happen."
Article 4 relates to the Senate, and here first appear the individual
opinions of Pinckney which were shared by no one. His senators were to
be chosen by the House of Delegates. "From among the citizens
and residents of New Hampshire"--"from among those from
Massachusetts"--etc., etc. That is the representation was neither by
States nor by population but by an arbitrary assignment in the
Constitution. Pinckney believed that the Senate should represent the
wealth of the country, and he probably intended that this arbitrary
assignment should be representative of wealth. The senators from New
Hampshire, Massachusetts, Rhode Island and Connecticut were to form one
class; those from New York, New Jersey, Pennsylvania and Delaware
another; and the remaining States a third. It was to be determined by
lot which should go out of office first, which second, which third. As
their times of service expired the House of Delegates was to fill them
for a fixed and uniform term. This plan was suggested to Pinckney by
the constitution of New York. Its only merit was that it would make the
Senate a continuing body, as we now have it, one-third of the members
going out at one time. Its errors seem incredible. It would have enabled
the delegates from, say, the eastern and middle States to choose
senators who would grossly misrepresent the southern States; with every
change in the political supremacy of the House one-third of the senators
would change, and one-third of the country might be represented by new
and inexperienced men; with the people of a section of one political
faith, their senators, chosen for them by the House of Delegates, might
be of the opposite political belief. It is plain that when the Committee
came to Pinckney's Article 4 they found something which would be of no
use to them. The Convention had already marked out their work--the
senatorial system which we still have--each State represented by two
senators, each senator having an individual vote, the senators chosen by
the legislatures of the several States. Yet even this article relating
to Pinckney's senate, the Committee used, and used in a way which
indicates that they took the paper upon which it was written and made
it serve their purpose in framing their hurried draught. Art. V.
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