The Convention of 1787: Prelude, The Annapolis Convention of 1786

The Constitution Convention of 1787 was not the first attempt to revise and amend the failing Articles of Confederation. In September 1786 Delegates from Five States, New Jersey, New York, Delaware and Virginia met to discuss the Articles of Confederation. This Convention, would end up recommending what would become the Constitution Convention of 1787.

But to get to even this point certain situations occurred throughout the United States that made this Annapolis Convention necessary to recommend changes to the Articles of Confederation. Due to concerns with the western frontier George Washington, a leading Nationalist, urged the development of rivers and roads to keep the settlements in the frontier tied with the rest of the Union. In 1784 he solicited the assistance of fellow Virginian James Madison , to take a step in this direction by arranging a meeting between Maryland and Virginia to discuss development of the Potomac River, a waterway leading to the western frontier. Since both States where on the Potomac River, and Maryland owning almost of the water itself, Virginia had no ability to navigate the river without violating Maryland's territory and navigation rights. In March 1785 James Madison arranged another meeting between Maryland and Virginia in Alexandria, Virginia, and on March 28, 1785 the Mt Vernon Compact was signed. This agreement between Virginia and Maryland allowed for the free navigation of the Potomac River for both States for the entire extent of the river, allowing trade and commerce with frontier settlements near the origin of the Potomac. Since under the Articles of Confederation¹ each State was basically an independent Nation and Congress did not have the authority to regulate commerce, trade or even waterways like this, it required a treaty basically to reach this agreement, since the sovereign territory of a State, Maryland, was at the heart of the problem. Shortly after the Compact was reached, and both sides felt satisfied with it, it was discovered this Agreement between Virginia and Maryland was in Violation of the Articles of Confederation Article VI:

No two or more States shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

As this clause states, no two States can enter into an agreement such as the Mt Vernon Compact, and to make situation worse Congress itself was not granted the power to make rules or regulate this river, commerce or trade in Article IX. This effectively rendered the Potomac River useless to trade and Commerce to the Frontier, since the origin and settlements in concern were in Virginia or further west, but Maryland owned most of the rest. In January 1786, the State of Virginia invited the States to a special meeting in Annapolis, Maryland in September of 1786 to discuss commercial issues such as arose during the Mt Vernon Compact. The purpose of the Annapolis Convention would be to discuss the issues of commerce and trade among the States, as a result of the of States being prohibited to make agreements on their own, and Congress not granted to do the power either.

On September 11, 1786 twelve representatives from the States of New York(2), New Jersey(3), Pennsylvania(1), Delaware(3) and Virginia(3) met, and convened the Annapolis Convention, formally called “PROCEEDINGS OF COMMISSIONERS TO REMEDY DEFECTS OF THE FEDERAL GOVERNMENT”² (Seven of the representatives would also attend the Convention of 1787). Several other states had made appointments to the Convention (New Hampshire, Massachusetts, Rhode Island, North Carolina) but their representatives did not arrive for the Convention. Upon convening, John Dickinson was unanimously elected the chairman of the Convention, and than credentials were read and verified.

The States of New York, Pennsylvania and Virginia had similar authorizations by their states (as noted in the September 14 letter to the State Legislatures).

" to meet such Commissioners as were, or might be, appointed by the other States in the Union, at such time and place, as should be agreed upon by the said Commissioners to take into consideration the trade and Commerce of the United States, to consider how far an uniform system in their commercial intercourse and regulations might be necessary to their common interest and permanent harmony, and to report to the several States such an Act, relative to this great object, as when unanimously ratified by them would enable the United States in Congress assembled effectually to provide for the same."

These states were authorized to discuss how a uniform system of interstate trade and commerce may be needed for the common interest of all, this is in lines with the reason James Madison invited the States to this meeting in regards to what happened with the Mt. Vernon Compact. The representatives were also authorized to report there suggestions to the States, and when ratified by all would enable Congress to bring into effect these recommendations.

Delaware had similar authorization as New York, Pennsylvania and Virginia, but any recommendation first had to go to Congress for approval prior to being ratified by all the States.

New Jersey had given its representative the broadest powers of all

" to consider how far an uniform system in their commercial regulations and other important matters, might be necessary to the common interest and permanent harmony of the several States," and to report such an Act on the subject, as when ratified by them " would enable the United States in Congress assembled, effectually to provide for the exigencies of the Union."

Where Delaware, New Jersey, New York, Pennsylvania and Virginia had limited their representatives to only discuss interstate trade and commerce, New Jersey allowed its representatives to discuss any “important matter, might be necessary to the common interest and permanent harmony of the several States”. New Jersey at this convention was willing to allow its representative participate in any debates concerning the National government or Articles of Confederation. New Jersey also followed suit of the first three in only requiring all the State Legislatures to ratify the proposals and enable Congress to make them come into effect, where Delaware required Congress to ratify the proposals prior to the States.

After the credentials were read and understood, the representatives talked of sentiments and what would be proper for the commission(Convention), but no details of these talks actually exist. Prior to adjourning until September 13th to allow the arrival of more representatives, the commission did agree to make a committee to draft a report of the commission for the States.

September 13, 1787: The committee appointed reported it’s draft to the commission on the whole. For the remainder of the day the representatives debated the report before adjourning for the Day.

September 14, 1787: The final day of the Convention. Even though only five States attended the Convention and the Representatives did not feel this number was enough to take any actual action, the representatives did agree to send letters to each of the States Legislatures. Four paragraphs express there concerns, and recommendations to the states.

In this persuasion, your Commissioners submit an opinion, that the Idea of extending the powers of their Deputies, to other objects, than those of Commerce, which has been adopted by the State of New Jersey, was an improvement on the original plan, and will de serve to be incorporated into that of a future Convention; they are the more naturally led to this conclusion, as in the course of their reflections on the subject, they have been induced to think, that the power of regulating trade is of such comprehensive extent, and will enter so far into the general System of the federal government, that to give it efficacy, and to obviate questions and doubts concerning its precise nature and limits, may require a correspondent adjustment of other parts of the Federal System.

Here the Convention is concerned that by limiting talk to trade a commerce only may not enable a Convention to address all of the issues needed. They feel trade and commerce may extend well into more of the powers or needed powers of the National Government. In order to properly address trade and commerce in its full extent, a Convention will also need to be able to adjust other aspects of the government as well to achieve this end, and urged the States to follow the lead just as New Jersey had authorized its representatives to do..

That there are important defects in the system of the Federal Government is acknowledged by the Acts of all those States, which have concurred in the present Meeting; That the defects, upon a closer examination, may be found greater and more numerous, than even these acts imply, is at least so far probable, from the embarrassments which characterize the present State of our national affairs, foreign and domestic, as may reasonably be supposed to merit a deliberate and candid discussion, in some mode, which will unite the Sentiments and Council's of all the States. In the choice of the mode, your Commissioners are of opinion, that a Convention of Deputies from the different States, for the special and sole purpose of entering into this investigation, and digesting a plan for supplying such defects as may be discovered to exist, will be entitled to a preference from considerations, which will occur, without being particularized.

The Convention notes that it is readily acknowledged that there are more important defects in the National government in the Articles of Confederation, than just trade and commerce. They suggested the defects upon close examination may be more numerous than already noted, which were already an embarrassment to the State of National, foreign and Domestic affairs. These potential and known defects required a candid discussion on the merits of the flaws, to unite all the States. The Convention asks the States to propose a special commission to investigate what defects do exist in the Government.

Your Commissioners decline an enumeration of those national circumstances on which their opinion respecting the propriety of a future Convention, with more enlarged powers, is founded; as it would be an useless intrusion of facts and observations, most of which have been frequently the subject of public discussion, and none of which can have escaped the penetration of those to whom they would in this instance be addressed. They are however of a nature so serious, as, in the view of your Commissioners to render the situation of the United States delicate and critical, calling for an exertion of the united virtue and wisdom of all the members of the Confederacy.

The Convention does not wish to have an enumerated or set limit on what can be discussed at a future convention of enlarging the National Governments powers. It is viewed that such a direction would be an intrusion on facts and observations, many of which are part of the public discussion. They emphasis the flaws in the Articles of Confederation are of a serious nature, and the situation in the United States is at a critical point, and calls upon the United virtue and wisdom from the members of the Confederacy to resolve this.

Under this impression, Your Commissioners, with the most respectful deference, beg leave to suggest their unanimous conviction, that it may essentially tend to advance the interests of the union, if the States, by whom they have been respectively delegated, would themselves concur, and use their endeavours to procure the concurrence of the other States, in the appointment of Commissioners, to meet at Philadelphia on the second Monday in May next, to take into consideration the situation of the United States, to devise such further provisions as shall appear to them necessary to render the constitution of the Federal Government adequate to the exigencies of the Union; and to report such an Act for that purpose to the United States in Congress assembled, as when agreed to, by them, and afterwards confirmed by the Legislatures of every State, will effectually provide for the same.

In this final paragraph, the Convention urges the States to call another Convention for the Second Monday in May 1787 to take place in Philadelphia, Pennsylvania. This Convention should be given the full ability to examine, debate and recommend any changes to the Articles of Confederation to render the Federal Government adequate for the United States. Upon the completion of this Convention, that any recommendations be reported to the Congress Assembled, and when agreed upon there forwarded to the States for ratification.

What started out in 1784 as a concern by George Washington about keeping the Frontier lands connected to the rest of the Union by roads and waterways, exposed a serious flaw in the structure and limits of both State and National Governments, has now lead two years later into calling for what will become the Constitution Convention of 1787. On February 21, 1787 the Congress Assembled passed a resolution for “a Convention of delegates who shall have been appointed by the several states be held in Philadelphia for the sole and express purpose of revising the Articles of Confederation”, for the second Monday in May 1787.

Members of the Annapolis Convention of September 1786 (*Signed Constitution : ** Member of Constitution Convention, did not sign)

New York
ALEXANDER HAMILTON*
EGBERT BENSON
New Jersey
ABRAHAM CLARK
WILLIAM C. HOUSTON**
JAMES SCHUARMAN
Pennsylvania
TENCH COXE
Delaware
GEORGE READ*
JOHN DICKINSON*
RICHARD BASSETT*
Virginia
EDMUND RANDOLPH**
JAMES MADISON, Junior*
SAINT GEORGE TUCKER