America’s first constitution, the Articles of Confederation (AOC), was adopted by the Continental Congress on November 15, 1777, but did not take effect until ratified by all 13 states on March 1, 1781.
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It quickly became apparent that this “firm league of friendship” among the States was utterly inadequate to govern our new nation. The impetus to replace the Articles of Confederation with a new Constitution began long before the commissioners met in Philadelphia in 1787.
Let’s see how things unfolded on the road to the 1787 Federal Convention, and along the way, we will answer the following questions, such as;
- Was the 1787 Federal Convention a “runaway” convention?
- Did the Framers produce an illegal Constitution?
- What is the original intent of the Article V convention?
- Did James Madison tremble at an Article V Convention being called?
- Is a Constitutional Convention the same as an Article V convention?
- What is a Convention of the States?
- Can an Article V convention be limited?
- What role does Congress play in an Article V convention?
- Has there ever been a Convention of the States?
- Can the state legislatures control their delegates?
The Efforts to Replace the Articles of Confederation with a Better System of Government
In his Vices of the Political System of the United States, April 1787, James Madison provided a few reasons why the Articles of Confederation were unsustainable and needed to be replaced. Madison was preparing a new system of government by studying ancient confederacies to learn from their experience in order to avoid their mistakes. Notes on Ancient and Modern Confederacies , April-June, 1786
The main reason for the failure of the AOC was Article XIII, which made it virtually impossible to amend the Confederation;
“nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a congress of the united states, and be afterwards confirmed by the legislatures of every state.”
This provision required that any amendment be agreed upon by Congress and approved by all state legislatures. This was found to be impossible as the tiny state of Rhode Island refused to concur on all amendments.
The push for a convention of the states to adopt a new constitution was being advanced within the Continental Congress and with some state legislatures. The following quotes provide irrefutable evidence that a new constitution was the goal of the Framers to preserve the Union.
From Alexander Hamilton to JamesDuane, September 3, 1780
“The first step must be to give Congress powers competent to the public exigencies. This may happen in two ways,…the other by calling immediately a convention of all the states with full authority to conclude finally upon a general confederation,…that the delegates may come possessed of proper sentiments as well as proper authority to give to the meeting. Their commission should include a right of vesting Congress with the whole or a proportion of the unoccupied lands, to be employed for the purpose of raising a revenue, reserving the jurisdiction to the states by whom they are granted.
“The reasons for which I require them to be vested with plenipotentiary authority are that the business may suffer no delay in the execution, and may in reality come to effect. A convention may agree upon a confederation; the states individually hardly ever will. “
“Resolved, That it appears to this Legislature, that the aforegoing important Ends, can never be attained by partial Deliberations of the States, separately; but that it is essential to the common Welfare, that there should be as soon as possible a Conference of the Whole on the Subject; and that it would be adviseable for this Purpose, to propose to Congress to recommend, and to each State to adopt the Measure of assembling a general Convention of the States, specially authorised to revise and amend the Confederation, reserving a Right to the respective Legislatures, to ratify their Determinations.”
Henry Knox to Gouverneur Morris, Feb 21, 1783
“In my former letters I mentioned that men of reflection and principle were tired of the imbecillities of the present government—but I did not point out any substitute. It would be prudent to form the plan of a new house, before We pull down the old one—The subject has not been sufficiently discused, as yet in publick, to decide precisely, on the form of the edifice. It is out of all question, that the foundation, must be of republican principles; but so modified and wrought together, that whatever shall be erected thereon, should be durable, & efficient—I speak entirely of the federal government, or what would be better one government instead of an association of governments.”
George Washington to Rev.William Gordon July 8 1783
“It now rests with the Confederated Powers, by the line of conduct they mean to adopt, to make this Country great, happy, and respectable; or to sink it into littleness; worse perhaps, into Anarchy and Confusion; for certain I am, that unless adequate Powers are given to Congress for the general purposes of the Federal Union that we shall soon moulder into dust and become contemptable in the Eyes of Europe, if we are not made the sport of their Politicks; to suppose that the general concern of this Country can be directed by thirteen heads, or one head without competent powers, is a solecism,… great part of which has arisen from that want of energy in the Federal Constitution which I am complaining of, and which I wish to see given to it by a Convention of the People,…
For Heavens sake who are Congress? are they not the Creatures of the People, amenable to them for their Conduct, and dependant from day to day on their breath? Where then can be the danger of giving them such Powers as are adequate to the great ends of Government, and to all the general purposes of the Confederation…”
“Therefore Resolved that it be earnestly recommended to the several states to appoint a convention to meet at __on the__day of__with full powers to revise the confederation and to adopt and propose such alterations as to them shall appear necessary to be finally approved or rejected by the states respectively—and that a Committee of be appointed to prepare an address upon the subject.”
Henry Knox to Gouverneur Morris, Feb 21, 1783
“The army generally have always reprobated the idea of being thirteen armies. Their ardent desires have been to be one continental body looking up to one sovereign. This would have prevented much heart-burning at the partialities which have been practiced by the respective States. They know of no way of bringing this about, at a period when peace appears to be in full view. Certain it is they are good patriots and would forward anything that would tend to produce Union, and a permanent general constitution;…but they must be directed in the mode by the proper authority.
It is a favorite toast in the army, ‘A hoop to the barrel,’ or ‘Cement to the Union.’ America will have fought and bled to little purpose if the powers of government shall be insufficient to preserve the peace, and this must be the case without general funds. As the present Constitution is so defective, why do not you great men call the people together and tell them so; that is, to have a convention of the States to form a better Constitution? This appears to us, who have a superficial view only, to be the more efficacious remedy. Let something be done before a peace takes place, or we shall be in a worse situation than we were at the commencement of the war.”
On March 13, 1786, Charles Pinckney of South Carolina was deputed by Congress along with members Gorham and Grayson to the New Jersey Legislature for their refusal to comply with the requisition of the former Congress. Pinckney delivered the message in which he stated: “If New Jersey conceives herself oppressed under the present confederation, let her, through her delegates in congress, state to them the oppression she complains of, and urge the calling of a general convention of the states for the purpose of increasing the powers of the federal government and rendering it more adequate for the ends for which it was instituted;”
A few months later, Pinckney continued his drive in Congress for a convention to revise the powers of the Confederation, but to no avail:
“Congress must be invested with greater powers, or the federal government must fall. It is, therefore, necessary for congress either to appoint a convention for that purpose, or by requisition to call on the states for such powers as are necessary to enable it to administer the federal government.”
Pinckney had no success in calling a convention and requested a grand committee to begin working on amendments to the Articles of Confederation. He was appointed chairman of the sub-committee, and drafted seven amendments which were reported to Congress on August 7
Henry Knox to George Washington, January 14, 1787
“Notwithstanding the contra[r]y opinions respecting the proposed convention, were I to presume to give my own judgement, it would be in favor of the convention, and I sincerely hope that it may be generally attended—I do not flatter myself that the public mind is so sufficiently informed and harmonized, as that an effective government would be adopted by the convention, and proposed to the United States,, or that if this were practicable, that the people of the several states, are sufficiently prepared to receive it—But it seems to be highly important that some object should be held forth to the people, as a remedy for the disorders of the body politic—were this done by so respectable a set of men as could be sent to the convention, even if it were not so perfect in the first instance, as it might be afterwards, yet it would be a stage in the business, and mens minds would be exercised on the subject, and appreciated towards a good Constitution—were strong events to arise between this and the time of meeting, enforcing the necessity of a vigorous government, it would be a preparation which might be embraced by the convention to propose at once efficient system.”
Our next stop before we arrive at the Convention in Philadelphia to adopt a new Constitution will be at the Annapolis Convention of 1786. A convention limited to the subject of commercial trade.
Kenn Quinn | All Things Artiel V