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
Pinckney's article begins: "The senate shall be elected, and chosen by
the;" and the Committee's begins: "The senate of the United States shall
be chosen by the." At this point the Committee struck out the equivalent
of 222 words from the Pinckney article and interlined about half the
number, 120 words. (The large imperial unruled foolscap with lines well
apart and the broad margin readily admitted of this being done.) But the
instant that the necessarily new matter was interlined, the Committee
resumed with Pinckney's words. His "Each senator shall be ---- years of
age" etc., etc., becomes their "Every member of the senate shall be of
the age of thirty years at least" etc., etc. Then follow Pinckney's
provisions concerning citizenship, concerning the prior period of a
senator's citizenship, concerning residence, the article closing as
Pinckney's closes, "The Senate shall choose its own President and other
officers." Here we have the two most dissimilar articles in the two
draughts beginning with the same words, ending with the same words,
containing the same provisions, following the same order, and differing
only where the instructions of the Convention compelled the Committee to
strike out a large and important portion of the earlier draught and to
insert a new and important substitute. If the Committee were rewriting
the article, there would be no reason for this extraordinary closeness
of adherence--for this moving pari passu--for this going always as far
and never farther over the ground traversed.
Article 5 of the Pinckney draught is notable for containing the veto
power. The Convention grouped it in the 23 resolutions with the powers
of the Executive; Wilson made of it an entire, independent article, but
Pinckney who had taken it, as we have before seen, from the constitution
of New York, retained its revisionary character and placed it at the end
of an article relating to the legislature and legislative business. The
Committee left it where Pinckney placed it (Article VI, sec. 13) as we
have seen in the preceding chapter; and in this as we have also seen in
the preceding chapter the Committee followed Pinckney and did not
follow Wilson.
Public-domain text, read in full here on John Shaqi.
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