Having witnessed, as a member of the Revolutionary
Congress, the inadequacies of the powers conferred by the "Articles
of Confederation," and having become, after the expiration
of my term of service there, a member of the Legislature of Virginia,
I felt it to be my duty to spare no efforts to impress on that
body the alarming condition of the U. States proceeding from that
cause, and the evils threatened by delay, in applying a remedy.
With this, propositions were made vesting in Congress the necessary
powers to regulate trade, then suffering under the monopolizing
power abroad, and State collisions at home, and to draw from that
source the convenient revenue it was capable of yielding. The
propositions, though received with favorable attention, and at
one moment agreed to in a crippled form, were finally frustrated,
or, rather, abandoned. Such, however, were the impressions which
the public discussions had made, that an alternative proposition,
which had been kept in reserve, being seasonably brought forward
by a highly respected member [of the Virginia legislature], who,
having long served in the State [Virginia] councils without participating
in the Federal, had more the ear of the Legislature on that account,
was adopted with little opposition. The proposition invited the
other states to concur with Virginia in a convention of deputies
commissioned to devise and report a uniform system of commercial
regulations. Commissioners on the part of the State were at the
same time appointed, myself of the number. The convention proposed
took place at Annapolis, in August, 1786. Being, however, very
partially attended, and it appearing to the members that a rapid
progress, aided by the experiment on foot, had made in ripening
the public mind for a radical reform of the Federal polity, they
determined to waive the object for which they were appointed,
and recommend a convention, with enlarged powers, to be held the
year following, in the city of Philadelphia. The Legislature of
Virginia happened to be the first that acted on the recommendation,
and being a member [of the Virginia Legislature], the only one
of the attending commissioners at Annapolis who was so, my best
exertions were used in promoting a compliance with it, and in
giving to the example the most conciliating form, and all the
weight that could be derived from a list of deputies having the
name of Washington at its head.
Letter to Thomas J. Wharton, August,
1827 (Madison
1865, III, pages 586-587)
The Annapolis Convention
Proceedings of the Commissioners to Remedy Defects
of the Federal Government, Annapolis in the State of Maryland.
September 14, 1786
To the Honorable, The Legislatures of Virginia,
Delaware, Pennsylvania, New Jersey, and New York —
The Commissioners from the said States, respectively assembled
at Annapolis, humbly beg leave to report.
That, pursuant to their several appointments, they met, at
Annapolis in the State of Maryland on the eleventh day of September
Instant, and having proceeded to a Communication of their Powers;
they found that the States of New York, Pennsylvania, and Virginia,
had, in substance, and nearly in the same terms, authorized
their respective Commissions "to meet such other 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
Commissions to take into consideration the trade and commerce
of the United States, to consider how far a 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 by them would enable the United States in
Congress assembled effectually to proved for the same."...
That the State of New Jersey had enlarged the object of their
appointment, empowering their Commissioners, "to consider
how far a uniform system in their commercial regulations and
other important matters, mighty 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."
That appointments of Commissioners have also been made by the
States of New Hampshire, Massachusetts, Rhode Island, and North
Carolina, none of whom, however, have attended; but that no
information has been received by your Commissioners, of any
appointment having been made by the States of Connecticut, Maryland,
South Carolina or Georgia.
That the express terms of the powers of your Commissioners
supposing a deputation from all the States, and having for object
the Trade and Commerce of the United States, Your Commissioners
did not conceive it advisable to proceed on the business of
their mission, under the Circumstances of so partial and defective
a representation.
Deeply impressed, however, with the magnitude and importance
of the object confided to them on this occasion, your Commissioners
cannot forbear to indulge an expression of their earnest and
unanimous wish, that speedy measures be taken, to effect a general
meeting, of the States, in a future Convention, for the same,
and such other purposes, as the situation of public affairs
may be found to require.
If in expressing this wish, or in intimating any other sentiment,
your Commissioners should seem to exceed the strict bounds of
their appointment, they entertain a full confidence, that a
conduct, dictated by an anxiety for the welfare of the United
States, will not fail to receive an indulgent construction.
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 deserve 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.
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 probably, 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 Councils 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.
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 a 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 untied virtue and wisdom of all
the members of the Confederacy.
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 endeavors 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.
Though your Commissioners could not with propriety address
these observations and sentiments to any but the States they
have the honor to represent, they have nevertheless concluded
from motives of respect, to transmit copies of the Report to
the United States in Congress assembled, and to the executives
of the other States.
The text of the Annapolis Convention
Proceedings was downloaded, with permission, from the Avalon
Project of Yale Law School.
