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List of Conventions of States and Colonies in American History

List of Conventions of States and Colonies in American History

Introduction

Conventions of states, and before Independence of colonies have met frequently over the past three centuries. A “Convention for proposing Amendments” held under the Constitution is a gathering of this type.

The following list itemizes all known conventions of states or colonies.

To qualify as a convention of states (or colonies), the gathering must be a temporary meeting of legislatively-authorized representatives of at least three states or colonies, convening pursuant to instructions to consult about and/or negotiate solutions to assigned problem(s). At some conventions of states, other sovereignties have been invited to participate. The convention may be charged with proposing solutions or, in rare cases, with presenting solutions that participating states or colonies agree in advance to accept. Legislative authorization may be direct (by a specific statute or resolution) or indirect (by prior legislation or standing order).

In the list below, some conventions are identified as general. A convention is general if all states, or at least states from all regions, are invited to participate. If not identified as general, the convention is partial or regional.

Conventions of states sometimes are known by other names. Conventions meeting before establishment of the Second Continental Congress usually were called “congresses”—although they were called conventions as well. Some gatherings have been called “councils” or “committees” as well as conventions. The official name of the assembly in Washington, D.C. in 1861 was the “Washington Conference Convention,” but most history books refer to it by its unofficial nickname: the Washington Peace Conference. Similarly, twentieth-century conventions been called “commissions” (e.g., Colorado River Compact Commission). But they actually were temporary conventions of states, and should not be confused with those commissions that are permanent administrative bodies.

The first list includes the verified conventions. A convention is verified if we have reliable information of the date and place of meeting, subject matter, and states or colonies participating. The second list is of unverified conventions. A convention is unverified if we have reliable information that a meeting was held, but not as to all of those items.

Finally: Not included on the list are conventions that were called, but never met. These include, for example, the Charleston price convention called by Congress for the Southern states in 1777, the convention of Northeastern states called by Massachusetts in 1783, and the Navigation Convention called for Pennsylvania, Delaware, and Maryland for (1786). Although these planned conclaves proved abortive, the historical records surrounding them is useful in confirming and clarifying standard interstate convention protocols.

Further information on these conventions is located at articlevinfocenter.com. Additional information on conventions up to 1787 appears in this article.

Verified Conventions

          Before Independence

  1. Albany (1677) (Indian negotiations)
  2. Albany (1684) (Indian negotiations)
  3. Boston (1689) (defense issues)
  4. Albany (1689) (Indian negotiations)
  5. New York City (1690) (defense)
  6. New York City (1693) (defense)
  7. Albany (1694) (Indian negotiations)
  8. New York City (1704) (defense)
  9. Boston (1711) (defense)
  10. Albany (1722) (Indian negotiations)
  11. Albany (1744) (defense)
  12. Lancaster, PA (1744) (Indian negotiations)
  13. Albany (1745) (defense)
  14. Albany (1745) (Indian negotiations)
  15. New York City (1747) (defense)
  16. Albany (1751) (Indian negotiations)
  17. Albany (1754) (Indian negotiations & plan of union) — general
  18. New York City (1765) (response to Stamp Act) — general
  19. Fort Stanwyx (Rome, NY) (1768) (Indian negotiations)
  20. New York City (1774) (response to British actions)—general

           After Independence

  1. Providence, RI (1776-77) (paper currency and public credit)
  2. York Town, PA (1777) (price control)
  3. Springfield, MA (1777) (economic issues)
  4. New Haven, CN (1778) (price controls and other responses to inflation)
  5. Hartford, CN (1779) (economic issues)
  6. Philadelphia (1780) (price controls)—general
  7. Boston (1780) (conduct of Revolutionary War)
  8. Hartford (1780) (conduct of Revolutionary War)
  9. Providence, RI (1781) (war supply)
  10. Annapolis, MD (1786) (trade)—general
  11. Philadelphia (1787) (propose changes in political system)—general
  12. Hartford, CN (1814) (New England states’ response to the War of 1812)
  13. Nashville, TN (1850)(Southern response to the North)
  14. Washington, DC (1861)(propose a constitutional amendment)—general
  15. Montgomery, AL(1861) (write the Confederate constitution)
  16. Louis, MO (1889) (propose anti-trust measures)
  17. Santa Fe,  NM & other cities (1922) (negotiate the Colorado River Compact)
  18. Denver & other cities (1946-49) (negotiate Upper Colorado River Basin Compact)

Unverified Conventions

  1. Boston(?) (1757) (defense)
  2. Salt Lake City (1920) (Western water issues)
  3. Lower Colo. River states (>1922) (unsuccessful river negotiations)
  4. Colorado Springs, Santa Fe (1924, 1928-29) (negotiate Rio Grande River Compact) (technically may have comprised 2-3 separate conventions)
  5. Washington, D.C. (1924 & intermittently thereafter)—unsuccessful negotiation regarding North Platte River)

 

The last convention of states ever held? It Centered on the Upper Colorado River

The last convention of states ever held? It Centered on the Upper Colorado River

I recently obtained the records of what may be the last convention of states ever held—records demonstrating that states were meeting in convention well into the mid 20th century.

A “convention of states” as the American Founders and subsequent generations understood the term, is a temporary conclave of legislatively-authorized representatives from three or more states. It is both a diplomatic gathering—the representatives or “commissioners” are essentially ambassadors from their respective legislatures—and a problem-solving task force. Sometimes representatives of sovereignties other than states, such as Indian tribes or the federal government (or, in colonial times, the British crown), have been invited to participate. Conventions of states also have been called “committees of states,” “congresses,” and “commissions.”

Conventions of states, both national (“general”) and regional (“partial”), have met for many different purposes: to plan common defense, work out common responses to political challenges, negotiate treaties with Indian tribes, seek and propose solutions to economic problems, propose constitutional amendments, and, on two occasions (Philadelphia in 1787 and Montgomery in 1861) to prepare new constitutions. Only the last two can properly be called constitutional conventions.

In the 20th century, states used them to hammer out western water compacts. I previously reported on the Santa Fe Convention of 1922, formally called the Colorado River Compact Commission. It was the gathering of seven states and a federal commissioner, then-Secretary of Commerce Herbert Hoover.  It negotiated the Colorado River Compact. I also have reported that similar gatherings met to negotiate the Rio Grande River Compact and an abortive North Platte River compact. My latest acquisition is the official record of the convention that negotiated the compact covering the Upper Colorado River —the portion north and east of Lee Ferry, Arizona.

This was a true convention among five states: Arizona, Colorado, New Mexico, Utah, and Wyoming. It met intermittently from July 22, 1946 to August 5, 1949. Commissioners attended from each state. They were not chosen by their legislatures directly, but legislative statutes authorized the appointment of each and gave each his power. At the request of the states, President Truman named a federal representative to participate as well: Harry W. Bashore, formerly Commissioner of the U.S. Bureau of Reclamation.

The group’s assignment was to divide up the waters of the Upper Colorado River among the five states and determine how much each state had to provide to the states of the Lower Colorado River. This was a highly technical task. Accordingly, unlike most conventions (but like the Santa Fe meeting) there was only one commissioner from each state, but each was assisted by a technical staff. In addition, the group created an engineering advisory committee and a legal advisory committee. The technical nature of the job was why the group had to keep adjourning and reassembling: Engineering studies and negotiations over local streams were performed in the interim.

Another interesting variation is that, like the 1922 convention, the Upper Colorado River group met in different cities and towns at different times: Cheyenne, Wyoming; Denver, Colorado; Salt Lake City and Vernal, Utah; and Santa Fe, New Mexico. In addition, it held public hearings in four other towns. In all, there were 41 days of sessions grouped into eleven formal “meetings.” The first eight meetings led to completion of the compact in 1948. The remaining three, held the following year, were short sessions for wrapping up business.

The conclave also gave itself a name, since its authorizing documents didn’t specify one. It called itself the Upper Colorado River Basin Compact Commisssion.

Within those variations, the group operated according to standard convention of states protocols. Specifically:

* The commissioners established their own procedures. Thus, they made it clear that a preliminary meeting that included the state governors did not bind them, and they re-voted on the decisions made at that preliminary meeting.

* Each state had one vote, cast by its commissioner, no matter how many people from each state happened to be present. After briefly considering a unanimity rule (such as the Colorado River Commission adopted but eventually abandoned), the group retained a rule of decision by a majority. However, it strove for unanimity, and generally was successful. The federal representative had no vote.

* The commissioners elected their own officers: As has been typical among interstate conventions the chairman was a commissioner and the secretary was not. Although he could not vote, Mr. Bashore was elected chairman.

* The record reproduces many roll call votes by states, some quite dramatic. The voting usually was open. But the vote on the overall percentages by which states would divide the river water was by secret ballot.

* The commissioners affirmed that they were negotiating by virtue of the states’ reserved sovereign powers, not by virtue of permission of federal law (as President Truman seemed to think). In this respect, the Upper Colorado River Convention was typical—although a gathering held under Article V would derive its authority from the Constitution rather than from reserved sovereign power.

The proceedings the Upper Colorado River Basin Compact Commission are impressive. The commissioners and staff worked very hard. Most people involved were thoughtful and highly qualified. The engineering studies were voluminous.

Also impressive is the recurrence of some important names. A listed adviser was Ralph Carr, who later as governor of Colorado during World War II, won national attention by opposing the Roosevelt administration’s groundless incarceration of Japanese-American citizens. Another listed adviser was Barry M. Goldwater, later U.S. Senator and the 1964 Republican nominee for President.

The compact the convention negotiated was approved by all five states and by Congress. It is still in effect. It created a permanent administrative body called the Upper Colorado River Commission, to whose staff I am grateful for loaning me the convention record.

Fake News: How Two Leading Newspapers Spread the “Runaway Convention” Story in the 1960s & 1970s

Fake News: How Two Leading Newspapers Spread the “Runaway Convention” Story in the 1960s & 1970s

Although there were scattered antecedents, “runaway convention” claims and certain associated myths were first distributed widely during the 1960s and 1970s. In a previous Article V Information Center study, I documented how those stories were publicized by leading opinion-molders in national liberal establishment. Their goal was to disable the Article V convention process to prevent proposal of constitutional amendments to restrain the federal government.

Now a new Article V Information Center study shows how the two leading newspapers of the same liberal establishment worked with those opinion-molders. During the 1960s and 1970s, the New York Times and the Washington Post not only opposed a convention editorially, but their skewed their news stories to promote fake news “runaway” claims.

You can find the new study here.

The Convention of States in American History

The Convention of States in American History

In this short essay, constitutional historian Rob Natelson thumbnails the three-centuries long history of “conventions of the states.”

When delegations from the states assemble in Phoenix, Arizona later this year, they will be basking in a long and rich American tradition.

As far back as 1677, British colonies in North America sent “commissioners” (delegates) to meet with each other to discuss common issues. These gatherings were essentially problem-solving task forces. That is, they were temporary assemblies charged with proposing solutions to prescribed problems.

During the colonial era, most conventions met in New York City, Boston, or Albany, New York: Albany was popular because it was close to the homes of the Iroquois tribes, who frequently participated. However, one of the most notable conventions occurred in Lancaster, Pennsylvania (1744).

The convention agenda was always set in advance. It sometimes involved common defense against hostile Indians or against French Canada. Often, the colonies convened to hammer out treaties with Indian tribes.

“Convention” was not the only name for these conclaves. Occasionally, they were called councils; more often congresses. (In the international practice of the time a “congress” was a diplomatic meeting of governments on equal terms.) . . . . .

For the entire history click here.

How We Know a National Amendments Convention Is a ‘Convention of the States’

How We Know a National Amendments Convention Is a ‘Convention of the States’

Most state legislatures have filed applications with Congress demanding a national convention for proposing constitutional amendments. Americans are asking just what kind of convention the Constitution requires.Nearly all experts believe an amendments convention is a “convention of the states”—the traditional term for a meeting in which representatives of state legislatures deliberate on the basis of sovereign equality. The rule at a convention of the states is that each state has an equal voice.

This would be a familiar procedure: There have been about 40 conventions of states in American history—although this one would be the first called to propose constitutional amendments under the authority of the Constitution itself.

Other commentators—predominately, but not exclusively, convention opponents—argue an amendments convention should consist of popularly elected delegates, perhaps allocated by population.

The Constitution itself merely refers to the assembly as a “Convention for proposing Amendments.” So we must look at history to understand how the Founders understood the term.

In an 1831 decision, the U.S. Supreme Court said an amendments convention is a convention of the states. My newly-issued research study confirms the Supreme Court was correct.

During the century before the Constitution was drafted, conventions among North American colonies, and later among states, met on average every three or four years. After Independence in 1776, the pace quickened: The Constitutional Convention of 1787 was the 11th interstate gathering in 11 years. All were assemblies of state delegations, operating as ambassadors from their respective states.

The delegates were officially called “commissioners” and the meetings dubbed either “conventions of the states” or by some well-recognized synonym.

The fact that the founders knew only of the “convention of the states” model of interstate meeting suggests strongly they intended an amendments convention to work the same way. The new study shows how the “convention of states” approach fits within the Constitution they drafted and approved.

Additionally, the study collects numerous documents in which Founders specifically labeled an amendments convention a “convention of the states.” All these documents originated when Americans still were debating the new Constitution. Remarkably, everyone seems to have shared the view that an amendments convention would be a “convention of the states,” irrespective of whether he favored the Constitution.

For example, in New York legislative debates, two lawmakers referred to an amendments convention as a “convention of the states.” One was John Lansing Jr., who had served as a framer in Philadelphia. Similarly, in South Carolina, another framer, Charles Cotesworth Pinkney, referred to the amendments convention in much the same way.

Newspaper articles used the same term. Leading founders such as George Washington, James Madison, and Alexander Hamilton made comments that reveal their assumption that an amendments convention is a convention of the states.

Perhaps most persuasive of all are the references to “convention of the states” in state legislative resolutions and other government documents. During 1788 and 1789, several state legislatures debated whether to formally apply to Congress for a convention, primarily to obtain a bill of rights. The very first application, passed by the Virginia legislature, used the term “convention of the states,” and the second (New York’s) used a common synonym.

The study observes: “Within a few months amid the ratification debates, five states in different regions of the country—three in favor, one against, and one neutral—issued seven official documents identifying an amendments convention as a convention of the states.”

For a such a gathering, the state legislatures decide how many commissioners to send to the convention and how they are chosen. Previous experience suggests state legislatures will select most commissioners. That ensures the commissioners are experienced in public policy and official drafting.

When the convention is called to order, each delegation will have an equal voice. Although the assembly theoretically could change that rule, no convention of states ever has.

If delegations from all 50 states attend, then 26 will be able to propose an amendment. Their proposal will, however, be merely a proposal. To become part of the Constitution, three-fourths of the states (38) must approve, thereby assuring the amendment has strong popular support.

This article originally appeared in Townhall.com