Charles Pinckney

Now it looked as though Jefferson was going to be robbed once again of the victory he felt he so deserved.

The electoral vote in the November 1800 election had deadlocked seventy-three votes for Thomas Jefferson, seventy-three for Burr, sixty-five for the incumbent John Adams, and sixty-four for South Carolina's Charles Pinckney.

Both Jefferson and Burr had run under the Democratic-Republican Party banner, though Jefferson had clearly been the party's preference.

A finish behind Burr, forcing Jefferson again into the vice presidency and again under a man he distrusted, would be an unmitigated, humiliating defeat.

Hence, whatever might happen subsequently, when the new plan first should go into operation, and when the danger from insubordination among the states would probably be most acute, the judiciary would be made to throw its weight in favor of consolidation and against disintegration, and if it did so, it was essential that it should be protected against anything short of a revolutionary attack.

In the Convention, indeed, Charles Pinckney of South Carolina suggested that Congress should be empowered to negative state legislation, but such an alternative, for obvious reasons, would have been less palatable to Hamilton, since Congress would be only too likely to fall under the control of the Jeffersonian party, while a bench of judges, if once well chosen, might prove to be for many years an excellent barrier to the encroachments and oppressions of the representative body.

I infer that Hamilton and many other Federalists reasoned somewhat thus, not only from what they wrote, but from the temper of their minds, and if they did, events largely justified them.

John Jay, Oliver Ellsworth, and John Marshall were successively appointed to the office of Chief Justice, nor did the complexion of the Supreme Court change until after 1830.

Three of them had served in the Stamp Act Congress—Dickinson of Delaware, William Samuel Johnson of Connecticut, and John Rutledge of South Carolina.

Eight had been signers of the Declaration of Independence—Reed of Delaware, Sherman of Connecticut, Wythe of Virginia, Jerry of Massachusetts, Franklin, Robert Morris, George Clymer, and James Wilson of Pennsylvania— all but twelve had at some time served in the continental congress and eighteen were members of that body in the spring of seventeen eighty seven washington hamilton mifflin and charles pinckney had been officers in the revolutionary army seven of the delegates had gained political experience as governors of states the convention as a whole according to historian hildreth represented in a marked manner the talent intelligence and especially the conservative sentiment of the country

End of Section 7-A.

CHAPTER VII THE FORMATION OF THE CONSTITUTION THE PROMISE AND THE DIFFICULTIES OF AMERICA THE FRAMING OF THE CONSTITUTION.

The Compromise Defeated in their attempt to limit the Convention to a mere revision of the Articles, the spokesmen of the smaller states redoubled their efforts to preserve the equality of the states.

The signal for a radical departure from the Articles on this point was given early in the sessions, when Randolph presented the Virginia Plan.

he proposed that the new national legislature consist of two houses the members of which were to be apportioned among the states according to their wealth or free white population as the convention might decide this plan was vehemently challenged patterson of new jersey flatly avowed that neither he nor his state would ever bow to such tyranny as an alternative he presented the new jersey plan calling for a national legislature of one house representing states as such not wealth or people a legislature in which all states large or small would have equal voice wilson of pennsylvania on behalf of the more populous states took up the gauntlet which patterson had thrown down it was absurd he urged for one hundred and eighty thousand men in one state to have the same weight in national councils as seven hundred and fifty thousand men in another state the gentleman from new jersey he said is candid he declares his opinion boldly i will be equally candid i will never confederate on his principles so the bitter controversy ran on through many exciting sessions greek had met greek the convention was hopelessly deadlocked and on the verge of dissolution scarce held together by the strength of a hair as one of the delegates remarked a crash was averted only by a compromise instead of a congress of one house as provided by the articles the convention agreed upon a legislature of two houses in the senate the aspirations of the small states were to be satisfied for each state was given two members in that body in the formation of the house of representatives the larger states were placated for it was agreed that the members of that chamber were to be apportioned among the states on the basis of population counting three-fifths of the slaves the question of popular election the method of selecting federal officers and members of congress also produced an acrimonious debate which revealed how deep-seated was the distrust of the capacity of the people to govern themselves the question of popular election the method of selecting federal officers and members of congress also produced an acrimonious debate which revealed how deep-seated was the distrust of the capacity of the people to govern themselves few there were who believed that no branch of the government should be elected directly by the voters still fewer were there however who desired to see all branches so chosen one or two even expressed a desire for a monarchy the dangers of democracy were stressed by jerry of massachusetts all the evils we experience flow from an excess of democracy the people do not want virtue but are the dupes of pretended patriots i have been too republican heretofore but have been taught by experience the danger of a leveling spirit to the democratic licentiousness of the state legislatures randolph sought to oppose a firm senate to check the excesses of popular government charles pinckney of south carolina declared that no one should be elected president who was not worth one hundred thousand dollars and that high property qualifications should be placed on members of congress and judges other members of the convention were stoutly opposed to such high-toned notions of government franklin and wilson both from pennsylvania vigorously championed popular election while men like madison insisted that at least one part of the government should rest on the broad foundation of the people Out of this clash of opinion also came compromise.

One branch, the House of Representatives, it was agreed, was to be elected directly by the voters, while the senators were to be elected indirectly by the state legislatures.

Until eventually Ben Franklin piped up and demanded they at least discuss it, And Edmund Randolph said that this office that they were creating would be the fetus of monarchy.

Charles Pinckney said it would be the worst kind of monarchy, to wit, an elective one.

And I think we've seen, even though they didn't carry the day, that a lot of those objections have come to fruition.

So as with most things, Donald Trump did not begin the imperial presidency and the concentration of power, but he has taken it to the extreme.

Three of them had served in the Stamp Act Congress—Dickinson of Delaware, William Samuel Johnson of Connecticut, and John Rutledge of South Carolina.

Eight had been signers of the Declaration of Independence—Reed of Delaware, Sherman of Connecticut, Wythe of Virginia, Jerry of Massachusetts, Franklin, Robert Morris, George Clymer, and James Wilson of Pennsylvania— all but twelve had at some time served in the continental congress and eighteen were members of that body in the spring of seventeen eighty seven washington hamilton mifflin and charles pinckney had been officers in the revolutionary army seven of the delegates had gained political experience as governors of states the convention as a whole according to historian hildreth represented in a marked manner the talent intelligence and especially the conservative sentiment of the country

End of section 7a

THE FORMATION OF THE CONSTITUTION THE PROMISE AND THE DIFFICULTIES OF AMERICA The framing of the Constitution.

They also cited their instructions from their state legislatures, which authorized them to revise and amend the existing scheme of government, not to make a revolution in it.

to depart from the authorization laid down by the congress and the legislatures would be to exceed their powers they argued and to betray the trust reposed in them by their countrymen to their contentions randolph of virginia replied when the salvation of the republic is at stake it would be treason to our trust not to propose what we find necessary hamilton reminding the delegates that their work was still subject to the approval of the states frankly said that on the point of their powers he had no scruples With the issue clear, the Convention cast aside the articles as if they did not exist, and proceeded to the work of drawing up a new Constitution, laying its foundations on such principles and organizing its powers in such form as to the delegates seemed most likely to affect their safety and happiness.

a government founded on states or people the compromise defeated in their attempt to limit the convention to a mere revision of the articles the spokesmen of the smaller states redoubled their efforts to preserve the equality of the states the signal for a radical departure from the articles on this point was given early in the sessions when randolph presented the virginia plan he proposed that the new national legislature consist of two houses the members of which were to be apportioned among the states according to their wealth or free white population as the convention might decide this plan was vehemently challenged patterson of new jersey flatly avowed that neither he nor his state would ever bow to such tyranny as an alternative he presented the new jersey plan calling for a national legislature of one house representing states as such not wealth or people a legislature in which all states large or small would have equal voice wilson of pennsylvania on behalf of the more populous states took up the gauntlet which patterson had thrown down it was absurd he urged for one hundred and eighty thousand men in one state to have the same weight in national councils as seven hundred and fifty thousand men in another state the gentleman from new jersey he said is candid he declares his opinion boldly i will be equally candid i will never confederate on his principles so the bitter controversy ran on through many exciting sessions greek had met greek the convention was hopelessly deadlocked and on the verge of dissolution scarce held together by the strength of a hair as one of the delegates remarked a crash was averted only by a compromise instead of a congress of one house as provided by the articles the convention agreed upon a legislature of two houses in the senate the aspirations of the small states were to be satisfied for each state was given two members in that body in the formation of the house of representatives the larger states were placated for it was agreed that the members of that chamber were to be apportioned among the states on the basis of population counting three-fifths of the slaves the question of popular election the method of selecting federal officers and members of congress also produced an acrimonious debate which revealed how deep-seated was the distrust of the capacity of the people to govern themselves the question of popular election the method of selecting federal officers and members of congress also produced an acrimonious debate which revealed how deep-seated was the distrust of the capacity of the people to govern themselves few there were who believed that no branch of the government should be elected directly by the voters still fewer were there however who desired to see all branches so chosen one or two even expressed a desire for a monarchy the dangers of democracy were stressed by jerry of massachusetts all the evils we experience flow from an excess of democracy the people do not want virtue but are the dupes of pretended patriots i have been too republican heretofore but have been taught by experience the danger of a leveling spirit to the democratic licentiousness of the state legislatures randolph sought to oppose a firm senate to check the excesses of popular government charles pinckney of south carolina declared that no one should be elected president who was not worth one hundred thousand dollars and that high property qualifications should be placed on members of congress and judges other members of the convention were stoutly opposed to such high-toned notions of government franklin and wilson both from pennsylvania vigorously championed popular election while men like madison insisted that at least one part of the government should rest on the broad foundation of the people Out of this clash of opinion also came compromise.

One branch, the House of Representatives, it was agreed, was to be elected directly by the voters, while the Senators were to be elected indirectly by the state legislatures.

Hence, whatever might happen subsequently, when the new plan first should go into operation, and when the danger from insubordination among the states would probably be most acute, the judiciary would be made to throw its weight in favor of consolidation and against disintegration, and if it did so, it was essential that it should be protected against anything short of a revolutionary attack.

In the Convention, indeed, Charles Pinckney of South Carolina suggested that Congress should be empowered to negative state legislation, but such an alternative, for obvious reasons, would have been less palatable to Hamilton, since Congress would be only too likely to fall under the control of the Jeffersonian party, while a bench of judges, if once well chosen, might prove to be for many years an excellent barrier to the encroachments and oppressions of the representative body.

I infer that Hamilton and many other Federalists reasoned somewhat thus, not only from what they wrote, but from the temper of their minds, and if they did, events largely justified them.

John Jay, Oliver Ellsworth, and John Marshall were successively appointed to the office of Chief Justice, nor did the complexion of the Supreme Court change until after 1830.

Among the older men who were conspicuous in the convention were Franklin, with his more than 80 years, Washington, who was 55, Roger Sherman, who was 66, and Mason and Wythe of Virginia, who were both 61.

But when I looked to see who were the most active forces in that convention, I found that the New Jersey plan was brought forward by William Paterson, who was 42, that the Virginia plan was proposed by Edmund Randolph, who was 34, while Charles Pinckney of South Carolina, whose plan played a large part in the making of the Constitution, was only 29.

The greatest single argument, perhaps, which was made in the convention was that of Hamilton, who was 30.

The man who contributed more, possibly, than any other to the daily labors of the convention, and who followed every detail, was Madison, who was 36.

It takes hours for Edmund to detail the whole Virginia Plan, but by the time he's done, the delegates are ready to call it a day.

Then, South Carolina's Charles Pinckney pipes up, saying he has a plan to share before they adjourn.

Charles will later claim that what he pitches is the real basis of the future Constitution, that he is its true father, not James Madison.

But in truth, his ill-recorded plan is as good as dead already.

The third resolution reads that a national government ought to be established consisting of a supreme legislative, executive, and judiciary.

If all three of these resolutions are agreed to, the Virginia Plan will be on strong footing.

Charles Pinckney pushes Edmund, asking if he means to abolish the state governments altogether.

The governor says no, while another South Carolinian Pinckney, General Pinckney, and Massachusetts' Elbridge Gerry question the convention's authority to entertain nationalism.