The Mystery of the Pinckney Draught

When I began the studies which have resulted in this book someone asked me what I was doing, and I chanced to answer that I was looking into the mystery of Pinckney's draught of the Constitution. Afterwards I received a letter from Professor J. Franklin Jameson in which he spoke of the uncertainties attending the draught as "mysteries"; and later I found that Jared Sparks, back in 1831, had been engaged in the same study and had used the same term. With two such scholars as Professor Jameson and Mr. Sparks recognizing the knowable but unknown element which we call mystery, I retain the term which I chanced to use.

"A true mystery, instead of ending discussion, calls for more." "What constitutes a mystery is the unknown which is certainly connected with the known. A mystery therefore is unfinished knowledge."[1]

[Footnote 1: Dr. William Hanna Thomson, Brain and Personality, p. 278.]

At the opening of the Convention which framed the Constitution, Charles Pinckney of South Carolina presented a draught of a constitution that was referred to the Committee of the Whole. This draught was not a subject of notice or comment by any speaker or writer of the time. One might infer from the silence of all records and writers that it was the fanciful scheme of an individual which exercised no influence whatever on the Convention and did not contribute a single line or sentence to the Constitution.

On the adjournment of the Convention its records and papers were placed under seal and the obligation of secrecy was set upon its members. When ultimately the seals were broken and the package was opened, more than thirty years afterwards, the draught of Pinckney was not found. John Quincy Adams then Secretary of State applied to Pinckney for a copy; and he on the 30th of December 1818, sent to the Secretary of State the duplicate or copy of the draught now in the Department of State. The document was published and remained unquestioned until in 1830, six years after the death of Pinckney, it came, or was brought, to the attention of Madison; and he at different times wrote to at least four persons concerning it and also prepared a statement which was subsequently published with it in Gilpin's edition of Madison's Journal, and in Elliot's Debates; and then the Pinckney draught slept unnoticed in constitutional publications until a review in the columns of the Nation awakened an interest in Mr. Worthington C. Ford and he in 1895 published the letter which accompanied the draught when it was placed in the State Department. Nevertheless, if the copy in the Department is identical in terms, or substantially identical in terms, with the paper which Pinckney presented to the Convention, then Charles Pinckney contributed more of words and provisions to the Constitution of the United States than any other man. And this draught so prepared by him was so largely adopted in a silent way that the law student who might chance to read it, not knowing of the comment of Madison and its rejection by all commentators, would be tempted to speak of the Constitution of the United States as the constitution of Pinckney.

The reason why the Pinckney draught has received so little attention, and he has received no credit at all for what apparently is an extraordinary piece of constitutional work can be readily explained.

The statement of Madison is written in temperate and guarded terms; and it is manifest that he was careful to speak with courtesy of Pinckney and to furnish an explanation in the nature of a bridge over which the friends of Pinckney, then deceased, might retreat. But what he does say instantly brings the reader's mind to the conclusion that the paper in the State Department is not the paper--that it is not a substantial copy of the paper, which was before the Convention. Story had been appointed by Madison and it was not for Story to accept what Madison rejected; and Story was so great a man, so great a judge and commentator, that it was not for lesser men to reverse him. Madison's comment and Story's silence have united to condemn the draught so effectively that while printed and reprinted it has been as unnoted as if it had never been written. The final, judicial edict of George Bancroft expressed the general judgment when he wrote of the original draught which was actually before the Convention, "No part of it was used, and no copy of it has been preserved."