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
And there was another paper, which should have been found but was not.
This was the report of the Committee of Detail, containing, or
accompanying, their draught of a Constitution. The absence of any other
paper that should have been placed in the package might be strange, yet
not significant. But these two papers, if there were two, related to the
same subject, contained more or less the same provisions, had been used
for the same most important purpose by the same men, and were on the 6th
of August, 1787, if they then existed, in the possession and official
custody of the Committee of Detail. When Rutledge on the morning of that
day "delivered in" the most important report ever laid before the
Convention he should have laid upon the Secretary's desk those two
papers, if there were such to lay there. Yet neither Pinckney's draught
of the Constitution, nor the Committee's draught of the Constitution,
was found in the sealed package; nothing was found but one printed copy
of the Committee's draught.
The draught of the Committee of Detail was the most important of all the
papers of the Convention, for the reason that it was the embodiment of
all that had been done during the first period of the Convention's work,
the abstract stage, and was to be the foundation of all that was yet to
be done in bringing the Constitution to its concrete and final form.
For purposes of construction and interpretation the draught is the most
valuable paper that exists or that ever did exist, inasmuch as it sets
forth in a tangible, practical, unmistakable form the results so far
attained and the views which a majority of the members held, and the
conclusions which a majority of the States had reached when the work of
abstract consideration ceased, and the work of changing their abstract
ideas into the concrete provisions of the Constitution began. There was
no other report, draught or document which should have been so
watchfully guarded and carefully kept as the report of the Committee of
Detail, if there were indeed such a document to preserve.
To comprehend and appreciate the significance of the disappearance of
these two papers, it is necessary that we understand the conditions of
the case--the circumstances which tended toward their destruction, and
those which should have secured their preservation.
The first of these conditions was secrecy. The Convention early
determined "That nothing spoken in the House be printed or otherwise
published or communicated without leave." No reporter was present at the
sittings of the Convention; no stenographer, typewriter or amanuensis
served the members; no clerical force aided the Committee of Detail. The
secrets of the Convention were in the custody of the members, and from
the 29th of May to the 17th of September not one was revealed to the
expectant, inquisitive, anxious American world.
Public-domain text, read in full here on John Shaqi.
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