The Mystery of the Pinckney Draught

by Charles C. Nott

INDEX

Adams, Secretary J. Q.
Applies to Pinckney for draught, p. [4], [26]
Interview with Rufus King, p. [145]
Ambassadors
To be appointed by the Senate, p. [82], [102], [210]
Article III of Pinckney's Draught
Relied upon by Madison, p. [61], [62], [93], [99], [100]
Article V of Pinckney's Draught
Relied upon by Madison, p. [61], [101]
Article VIII of Pinckney's Draught
Relied upon by Madison, p. [60], [78], [79], [82], [84], [97]
Sustained by the Observations, p. [134]
Bancroft, George,
Expresses the general judgment, p. [7]
Bill of Rights
Not adopted by the Committee or the convention, p. [270]
But is, in Pinckney's draughts and Observations, p. [270]
Bridge which Madison built
For Pinckney's friends, p. [6], [7], [21], [44]
Butler Pierce of South Carolina
Thinks election by the people impracticable, p. [87]
Charges of Madison
Analysed, p. [58], [62], [63]
Chesapeak, the frigate,
Surrender of, p. [56]
Citizens.
The clause securing privileges and immunities, p. [252]
City Tavern,
Members of the Convention dinner at, p. [239]
Committee of Detail
Appointed to prepare the Constitution, p. [69], [232]
Report of the Committee, p. [69]
Names of the Committee, p. [75]
Secrecy of the Committee, p. [75], [76]
Report exceeds instructions, p. [70]
Consistent silences of the Committee until death, p. [200]
How the Committee followed Pinckney, p. [213]
The printing of the draught, p. [233], [234]
Committee of Style
Appointed, p. [69]
Really Committee of Revision, p. [78]
Correction of language, masterly, p. [78]
Compensation of Members
Adequate, p. [173]
Resolution of the Committee of the Whole, p. [173]
Report of the committee of detail, p. [174]
In the Pinckney and Wilson draughts, p. [175]
Deviation from instructions explained, p. [207], [209]
Compensation of the President.
Committee's draught disregards the 12th Resolution, p. [209]
Follows Pinckney's draught, p. [210]
Compromises, The, of the Constitution.
Neither Madison nor Pinckney attempted a compromise, p. [265]
Conclusions.
Final conclusions on the whole case, p. [273]
Confederated States.
Bankrupt and drifting towards war, p. [249]
Helpless as against the States, p. [251]
Dependent upon voluntary contributions, p. [265]
Could not enforce treaties on States, p. [265]
Congress.
See Election and Eligibility.
Constitution, The.
Its four germinal stages, p. [66]
Methods for consideration of, p. [67], [68]
Birth of, p. [71]
References to Committees, p. [69], [70], [78]
The work of the Committee of Style, p. [78]
Estimate of in 1818, p. [25], [27]
Convention, The.
Surviving members of, p. [24], [202]
Philosophical methods of, p. [67]
First days of the, p. [128], [129], [130]
The first business day, p. [135]
The secrecy of the convention, p. [227], [229], [232], [237]
A lost paper, p. [230]
Its careful preservation of papers, p. [287]
Copyright and Patents.
Not in the Department copy of the draught, p. [271]
But Pinckney the author of those constitutional provisions, p. [271]
Copyright cases, p. [206]
Council of Revision.
Considered, p. [46], [47], [50], [51]
Pinckney's action regarding it, p. [50]
Delicate.
The word as used by Madison, p. [36]
Draught of Committee of Detail.
Reported by committee, p. [70]
Description of, p. [71], [72], [234]
Washington's copy of, p. [74]
The notes by Major Jackson, p. [74]
Agreement with Pinckney's draught, p. [79], [81], [255], [273]
The "divide" in the march of the framers, p. [76]
The compromises subsequent to the draught, p. [77]
Sparks' analysis of it, p. [149]
Sparks' test, p. [153], [156]
Madison's non-reply to Sparks, p. [155], [156]
The misplacing of veto power, p. [183], [220]
The treason provisions, p. [185], [221]
The Supreme Court jurisdiction clause, p. [191]
The draught not yet written, p. [203]
The preamble taken from Pinckney, p. [214]
How the committee followed Pinckney, p. [215]
The committee overrule Wilson, p. [222]
Limit of time for preparing, p. [232], [235], [248]
Engrossed on Pinckney's as copy for printer, p. [236], [241]
"Delivered in" figuratively, p. [236]
The most important document of the convention, p. [226]
Printing of the draught, p. [233]
The real authors of the draught, p. [165]
Draught of Pinckney
Presented to the convention, p. [229]
Lost, p. [4], [224]
The Department copy, p. [4]
Description of, p. [16]
Madison's Note to the, p. [58]
When written, p. [86]
The term, "The law of the land," p. [179]
Provisions described in the Observations, p. [182]
The misplacing of the veto power, p. [183], [220]
The militia, p. [188]
Randolph recognizes and uses, Art 11, p. [196]
Article 11 described in the Observations, p. [198]
Publicity attending Pinckney's draught, p. [201], [274]
Used as printers' copy and destroyed, p. [236]
Never discussed in convention, p. [257]
Exaggerated value set upon it, p. [258]
Provisions not adopted by the committee, p. [268]
Provisions not in the Department case, p. [271]
Provisions rejected, p. [263]
Its inferiority in detail to the committee's, p. [153]
Draught of Randolph.
Description of, p. [161]
The annotations of Rutledge, p. [164]
Compensation of Senators, p. [163]
The joint work of Randolph and Rutledge, p. [165]
A disheveled draught, p. [190]
Jurisdiction of the Supreme Court in, p. [191]
Recognizes and uses Pinckney's Art. 11, p. [196]
Draughts of Wilson.
His three draughts, p. [160]
Description of his 3d, p. [161]
The annotations of Rutledge, p. [161]
Wilson's preamble, p. [166],
Charges against Pinckney, p. [168]
The word "our," p. [169], [171]
Articles which are not Wilson's, p. [182]
The proper placing of the veto power, p. [183], [220]
The treason provisions, p. [185], [221]
The militia provisions, p. [188]
Draught, rough.
What it is, p. [20]
Pinckney's not a rough draught, p. [10], [11]
Wilson's rough draught, p. [166]
Duer, William A.
Madison's letter to, p. [36], [45]
His position in New York, p. [45]
Election of Representatives
By the people, p. [9], [85], [91], [93], [94], [95], [97]
Pinckney's change of mind, p. [85], [87], [94], [96]
Agreement of Articles III and V with Observations, p. [90], [93]
Vote of convention, p. [95]
Election of the President.
Madison's strictures on the draught, p. [60]
Article VIII does not provide a method, p. [97]
The omission not remarkable, p. [98]
Choosing by the electoral colleges, p. [77], [133]
Observations sustain Article VIII, p. [134]
Eligibility of Representatives, etc.
Pinckney on the question, p. [101], [103]
Elliott, W. S.
A grandnephew of Pinckney, p. [288]
His sketch of Pinckney's life and home; of his library, picture gallery and garden, p. [288]
Ellsworth, Oliver
Did not draught a constitution, p. [165]
Contributed nothing to draught of the committee, p. [165]
Estoppel.
Characterized by Coke, p. [132]
Does not extend to historical students, p. [132]
Federalists.
Hamilton and Pinckney were, p. [279]
Pinckney the most extreme federalist in the convention, p. [279]
Ford, Worthington C.
Publishes Pinckney's letter, p. [5]
Framers of the Constitution.
Two of the youngest and their work, p. [264]
Franklin, Doctor.
His farewell words to the convention, p. [70]
Fraud and Plagiarism.
The question of inexorable, p. [21]
Detection probable, p. [24]
Temptation small, p. [25]
The absence of motive, p. [27], [28]
Specifications of plagiarisms, p. [78]
Failure of specified charges, p. [79]
Not sustained by evidence, p. [275]
The charge reduced to an absurdity, p. [195]
Gerry of Massachusetts
Opposes election by the people, p. [87]
Gilpin, Henry D.
Edits Madison's Journal, p. [5], [29]
Gorham of Massachusetts.
A member of the committee of detail, p. [75]
Did not attempt to draught a constitution, p. [165]
Grimke, Thomas S.
Madison's letter to, p. [35]
Habeas Corpus.
The writ of, not to be suspended is in the draught, p. [269]
Why the committee did not adopt, p. [270]
Hamilton, Alexander.
"Those who pay are the masters," p. [174]
His not the style of the Constitution, p. [243]
Pierce's description of Hamilton, p. [283]
Historical Questions.
Concerning the draught in the State Department, p. [12]
Historical Society of N. Y.
Possesses Pinckney's Observations, p. [105]
Referred to by Madison, p. [110]
Hunt, Gaillard.
Description of the draught, p. [18]
Immigration.
Expected and relied upon, p. [170]
Massachusetts constitution encourages, p. [169]
Impeachment.
In Pinckney draught, p. [211]
In the committee draught, p. [211]
Jackson, Major Wm.
Elected secretary of the convention, p. [129]
His notes on draught, p. [74], [75]
His letter to Washington, p. [239]
Delivers papers of the convention to Washington, p. [239], [241]
Jameson, Professor, J. Franklin.
He discovers two of the Wilson draughts, p. [159], [160]
Jay, Chief Justice.
His hand appears in the constitution of New York, p. [243]
Jefferson, President.
Madison's letter to, p. [33], [129]
Jews.
"The people called Jews" address the convention, p. [241]
Journal, The, of Madison.
Its completeness, p. [40]
Omission of Pinckney's draught, p. [40]
Publication of, p. [52], [63]
His best appreciated work, p. [40]
To be edited by Mrs. Madison, p. [63]
Edited by Henry D. Gilpin, p. [5], [29]
Madison method of writing, p. [122]
Is the journal evidence against Pinckney, p. [275]
It must be received as history, p. [277]
King, Rufus.
Mr. Adams' conversation with King, p. [145]
King considered as a witness, p. [146]
Pierce's description of King, p. [282]
Knox, General Henry.
Washington's letter to him, p. [128]
Law of the Land.
See Supreme Law of the Land.
Library company of Philadelphia.
Order to the librarian directing him to "furnish the gentlemen" of the convention with books, p. [240]
McLaughlin, Professor,
Discovers a draught of Wilson, p. [158]
Discovers report in confederated congress, August, 1786, "written in
Pinckney's own hand," p. [260]
Madison, President.
His troubled life, p. [54]
His failing memory, p. [52], [54], [81]
His only alternative, p. [38]
His age, p. [53], [54]
His failure to testify, p. [38]
His ignorance of the draught, p. [30], [38], [40], [53]
His "Note" to the "Plan," p. [58]
His "editorial footnote" to the "Note," p. [62], [63]
His charges against the draught, p. [63]
His objections to Pinckney's draught, p. [5], [6], [7], [43], [45], [46]
His poor opinion of Pinckney, p. [32], [53]
Most diligent member of convention, p. [80]
His letters, p. [33], [34], [35], [36], [42], [43], [45], [54], [63], [107], [108], [109], [110], [129], [214]
His comparison of the draught with the Constitution, p. [143], [156], [157]
His silence on the primary issue, p. [156]
His adroit management, p. [43], [157]
Madison on the "object of the Union," p. [214]
His and Pinckney's the constructive minds of the convention, p. [264]
They agreed as to State legislation, p. [265], [267]
They did not attempt to frame a compromise, p. [266]
The work of one agrees with the work of the other, p. [267]
Their names should be closely associated, p. [268]
Madison's Journal. See Journal.
Mrs. Madison
Her rescue of Washington's portrait, p. [56]
Intended editor of the Journal, p. [63]
Marshall, Chief Justice.
Moulded the Constitution, p. [27]
His majestic judicial reign, p. [37]
Martin Luther.
His resolution relating to the "Supreme law of the respective States," p. [179]
His language a compromise, p. [181]
Massachusetts
Constitution furnishes provisions for Pinckney's draught, p. [83], [84], [250]
Massachusetts and New York alone paid in full their quota, p. [249]
Preamble of the Constitution derived from constitution of Massachusetts, p. [169]
The word "posterity" unrestricted, p. [170]
Meigs, William M.
His "Growth of the Constitution," p. [161]
Reproduces the Randolph draught in facsimile, p. [161]
Growth of the Constitution
cited and quoted, p. [189], [192]
Militia, The.
Pinckney's draught a radical departure, p. [188]
Not authorized by the convention, p. [188]
Pinckney's draught followed by Wilson rejected by the committee, p. [189]
Money Bills.
Madison refers to them, p. [99]
Pinckney's position regarding them, p. [100]
Morris, Gouverneur.
His correction of the language of the Constitution, p. [78]
Mystery.
The name, p. [3]
Its definition, p. [4]
New York, the Constitution of,
Furnishes the veto power, p. [47], [48]
Furnishes other provisions, p. [83], [84], [216], [218], [250]
New York and Massachusetts alone pay in full their quota, p. [249]
Notes and Memoranda
Of Pinckney and Madison, p. [11]
"Note" of Madison to plan of Pinckney, p. [58]
Editorial footnote to same, p. [62], [63]
Observations, The Pamphlet.
Cited by Madison, p. [33], [34], [43], [46], [50], [62]
Cited by Pinckney, p. [90]
When written, p. [93], [130]
Description of, p. [105]
Madison interest in, p. [107]
Extracts from, p. [111]
The Observations, a speech never made, p. [122], [126], [139]
Madison and Yates evidence, p. [122]
Contradictions in it, p. [126]
Significant error in date, p. [127]
Considered as a speech, p. [131]
Considered as evidence, p. [132]
Confirm Articles III, V, VIII, p. [132], [135]
Explanation of Pinckney's publication, p. [135]
Why speech was not delivered, p. [137]
Why published, p. [138]
Why Observations were not cited in Madison's "Note," p. [140]
The Observations fateful, p. [141]
They sustain the copy in the State department, p. [139]
Articles in the draught described in the Observations cannot be questioned, p. [182], [189], [198], [253], [269], [270]
Article 11 referred to by Randolph described in the Observations, p. [198]
Patents. See Copyright.
Paulding, James Kirke.
Memorandum for, p. [34], [42], [107]
Letters to, p. [43], [108]
Friend of Madison, p. [44], [45]
Phenomenon, The, of Madison, p. [46], [53], [80]
Pinckney, Charles.
His official life, p. [23]
His age, p. [88]
Why he presented the Observations, p. [135]
His strategic purpose, p. [137]
Why he published the Observations, p. [138], [142]
Desired the supremacy of the national government, p. [181], [279]
He alone formulated a constitution before the convention met, p. [189]
His misplacement of the veto power, p. [183]
The style of the Constitution, p. [243], [245]
His draught the only one, p. [249]
His method of construction, p. [250]
His composite work, p. [250], [251], [252]
His generality of treatment and expression, p. [253]
A condemned and misrepresented man, p. [254]
His training and preparation, p. [261], [264]
What he did and failed to o, p. [261]
His co-operation with Madison, p. [264], [265], [267]
His family, position, etc., p. [278]
His speech of June 25, p. [278]
The extremist federalist in the convention, p. [279]
Pierce's description and estimate of him, p. [281], [284]
The destruction of everything which Pinckney possessed, p. [285]
Pinckney, Charles Cotesworth,
Opposes election by the people, p. [88]
Proposes that no salary be allowed to Senators, p. [176]
Living in 1818, p. [24]
The most esteemed citizen in S. C., p. [88]
Pinckney's Letters
To Secretary of State, p. [8], [12], [26], [27]
Contemporary declaration, p. [10]
Letter to Madison, p. [62]
Pierce, William.
His narrative of a lost paper in the convention, p. [230]
His description of Randolph, King, Hamilton and Pinckney, p. [281]
Preamble of the Constitution.
Suggested by the Articles of Confederation, p. [169].
Derived from Constitution of Massachusetts, p. [169]
Randolph attempted draught of preamble, p. [162]
Wilson attempted draught of preamble, p. [166]
The preamble in the committee's draught, p. [168]
It declared the source and supremacy of authority, p. [213]
Ignored State governments, p. [213]
The preamble unquestioned in the convention, p. [215]
President, The.
See Election of.
Printers—Copy.
Pinckney draught used as printers' copy. p. [188], [208], [237]
Randolph, Edmund.
The Virginia resolutions cited as his, p. [68]
Opens the main business of the convention, p. [130], [136]
His draught of the Constitution, p. [158], [161]
Read, George.
Letter to Dickinson on Pinckney's draught, p. [89]
Ritchie, Thomas.
Madison's letter to, p. [63]
Rutledge, John.
Present in the convention, May 29, p. [135]
Seconds Pinckney motion to strike out the word people and insert Legislatures, p. [95]
Chairman of the Committee of Detail, p. [75]
"Delivers in" the report of the committee, p. [70]
His annotations on the other draughts, p. [162], [164], [182]
He co-operates with Wilson and Randolph, p. [164]
Used Pinckney draught when annotating, p. [182]
His ruthless slashing of Wilson's, p. [161]
His 43 amendments, p. [161], [204]
Strongest man in the State, p. [88]
Secrecy.
The resolution of the convention, p. [228]
Secrecy to continue after the dissolution of the convention, p. [228]
Silence of members from May 29 to September 17, p. [229]
Washington recognition of the obligation, p. [229]
The obligation required that the draught be not lost, p. [232]
Pinckney draught used as printers' copy and scrupulously destroyed, p. [237]
Legal presumption that it was destroyed, p. [237]
Secrecy of Committee of Detail, p. [75], [200], [237]
Senate.
Pinckney's Senate, p. [91], [217]
To appoint ambassadors and judges, p. [102]
South Carolina.
The State postpones action in the convention, p. [175]
South Carolina Gazette.
Draught republished in, p. [274]
Sparks, Jared.
Writes to Madison, p. [42], [43], [144], [146], [147], [149]
Madison to Sparks, p. [35], [42], [43], [110]
His opinion of the draught, [148], [152]
His correct analysis, p. [152]
His most delicate test, p. [153]
Story, Mr. Justice.
Ignores the Draught, p. [6], [8], [12]
"Supreme Law of the Land."
History of the term. p. [179].
The case of Trevatt v. Weeden gives judicial significance to it, p. [182]
Derived from resolution of Congress, p. [251]
Thomson, Doctor William H.
Definition of mystery, p. [4]
Time.
The second condition imposed on the committee, p. [232]
Two of these days were Sundays, p. [233]
Three days required for printing, p. [234]
200 constitutional provisions framed and printed within the limited time, p. [234]
Treason.
The punishment of treason, p. [185]
How defined, etc., in the three draughts, p. [186]
Caution of Rutledge and Pinckney, p. [186]
Their provisions combined in the Constitution, p. [187]
The Treaty Making Power.
Lodged in the Senate exclusively, p. [210]
Not authorized by the convention, p. [211]
Committee of detail followed Pinckney erroneously, p. [211]
Veto Power, The.
Taken from the constitution of New York, p. [47]
Misplaced by Pinckney and by the committee, p. [183], [220]
Correctly placed by Wilson, p. [183]
Washington, General, The.
Madison's letters to, p. [33], [34]
His copy of the committee's draught, p. [74]
Letter to Congress, p. [54]
His illness, and the illness of his mother, p. [128]
His journey to Fredericksburg, p. [128]
His arrival in Philadelphia, p. [129]
President of the convention, p. [129]
Letter to General Knox, p. [128]
Made custodian of the records, p. [228], [239]
His sense of the obligation of secrecy, p. [229]
Extracts from his diary, p. [229]
His admonition to the convention, p. [230]
The convention's daily mark of respect, p. [230]
Extracts from his diary of September 17, p. [239]
Washington, City.
Capture of, [56]
Burning of the Capitol, p. [56]
Wilson, James.
His draughts of the Constitution, p. [158]
Intelligent and wise, p. [159]
Opposed the payment of representatives by the States, p. [175], [176]
His proper treatment of the veto power, p. [183]
His careful and logical work, p. [165], [187]
Alien member of the convention, p. [199]
A judge of the Supreme Court, p. [200]
The hard-worker of the convention, p. [204]
A signer of the Declaration, p. [171]
He first suggests the Electoral Colleges, p. [77]
Yates, Robert.
Entry in his minutes, p. [29], [122]
Report of Pinckney's speech, p. [30]
His age, position and experience, p. [124]
Value of his minutes, p. [125]