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 is manifest, therefore, that the two draughts, the draught in the
State Department and the draught of the Committee, are built upon the
same framework. That is to say in structure, arrangement, form and order
the two are identical, the one the basis of the other. In other words,
the Committee took the draught which had been referred to them, and
worked upon it, beginning with the preamble, and continuing to the last
sentence, "The ratification of the conventions of ---- States shall be
sufficient for organizing this Constitution." They amended, changed,
substituted, subdivided (articles into sections), and amplified; but it
was always Pinckney's draught which they worked upon. They retained
every provision of his which was authorized by the instructions of the
Convention, and some which were beyond the scope of the instructions and
a few which were contrary to the instructions; and whenever they
retained a provision, they retained, substantially, the language in
which it had been cast by Pinckney. As in mathematics it is held to be
self-evident that things which are equal to the same thing are equal to
each other, so here it may be said that this extraordinary identity of
the draught in the State Department and the draught of the Committee of
Detail demonstrates that the draught in the State Department is a true
and substantially exact duplicate of the lost draught which was referred
to the Committee.
CHAPTER XIII
WHAT BECAME OF THE DRAUGHT
A question of much interest follows the foregoing investigation; to-wit,
why was not the Pinckney draught found among the records and papers of
the Convention?
It was the only draught of a constitution which had been before the
Convention; it had been referred to the Committee of the Whole and
referred to the committee charged with the duty of preparing a draught
of the Constitution; and that committee had used it for that purpose. It
was a paper of unique character and unquestionable importance and one of
the records of the Convention. Why was it not found in the sealed
package of the Convention's records?
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