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More 20th Century Conventions of States Discovered—Many More!

More 20th Century Conventions of States Discovered—Many More!

As I have reported previously, there have been many conventions of states (and, before Independence, of colonies). Some of these conventions proposed amendments to the Articles of Confederation or to the Constitution.

Among these gatherings have been more than 20 inter-colonial conventions, eleven interstate conventions held between 1776 and 1787, six during the 19th century, and the Colorado River Compact Commission (CRCC) of 1922. Most of these were regional meetings, but they also included seven “general” or national conclaves—held in 1754, 1765, 1774, 1780, 1786, 1787, and 1861.

Do not confuse the 1922 Colorado River Compact Commission, which negotiated the Colorado River Compact, with a permanent regulatory commission. The CRCC was a temporary body consisting of duly authorized state representatives empowered to propose a solution to a designated problem: in other words, a true convention of states. It met in four different cities, but most of its sessions were held in Santa Fe, New Mexico.

The CRCC gathering in Santa Fe did feature some variations on the convention theme. For one thing, the federal government was invited to send a representative and participate, since under the Constitution Congress would have to approve the resulting agreement. Moreover, the Santa Fe conclave operated pursuant to the respective states’ reserved, Tenth Amendment powers. (An Article V convention, by contrast, derives its authority directly from the Constitution.) The Santa Fe formula was worked out by Delphus Carpenter, a prominent Colorado water lawyer and former state senator who served as his state’s representative in Santa Fe. However, neither variation was unique: Other conventions of states (including those held in 1684, 1754, and 1889) have invited non-state sovereignties to participate, and most of them relied on reserved power rather than direct constitutional authorization.

More Conventions of States!

Now I have learned that the Santa Fe convention was only the foam on the top of the river. In recent days, I have discovered:

* A convention of Colorado River states that met in Salt Lake City in 1920.

* A convention of three states that negotiated the Rio Grande River Compact. The states met informally (without legislative credentialing) in Colorado Springs in 1924. They then broke up and, after all commissioners had been fully credentialed, met again in Santa Fe at the end of 1928. They concluded a temporary compact in early 1929—the basis for the permanent Rio Grande compact that become effective in 1939.

* The North Platte River Commission, also consisting of three states, began meeting in Washington, D.C. in 1924, and then intermittently until negotiations broke down.

* The three lower basin Colorado River states—California, Arizona, and Nevada—apparently met after 1922 to resolve water issues among them, but unsuccessfully.

* Colorado, New Mexico, Utah, Arizona, and Wyoming, together with a federal representative, convened in Denver beginning December 3, 1929. They successfully negotiated the Upper Colorado River Basin Compact.

* In 2003, Professor Daniel Tyler, Delphus Carpenter’s biographer, wrote: “Of the sixteen water allocation compacts negotiated and approved between 1922 and 1971, all but three followed a similar pattern developed by Carpenter of negotiation by commissioners, participation by a federal representative, and approval by Congress.”

Were All of These True Conventions of States?

Were all of these true conventions of states? I don’t know yet. For an event to qualify historically as a true convention of states, there must be actual meetings, not mere long-range contact, as in some interstate compact negotiations. Participation must be multi-lateral—that is, more than two states must take part. Participation must be authorized by each state legislature, with the legislature designating, or providing for designation, of commissioners. The gathering must be an ad hoc, temporary one, designed to address pre-designated issues.

I don’t yet have sufficient information to identify all of these conclaves as “conventions,” but it is already clear that some of them were.

Why Isn’t This More Widely Known?

You might ask: Why isn’t it more generally known that conventions of states were a regular feature of American life well into the 20th century?

Let me suggest three reasons:

(1) Historically, some conventions have been designated by different labels. Prior to establishment of the federal Congress as a national institution, conventions frequently were called “congresses,” although they were called conventions as well. History books label the 1765 gathering as the “Stamp Act Congress,” not the Stamp Act Convention—even though contemporaries regularly referred to it as a “congress or convention.” Throughout our history, some conventions have been called “commissions” and a few referred to as “committees.” The unintended effect has been to distract people from their common nature.

(2) Most of these gatherings addressed narrow topics not of universal interest. This was true even of the Colorado River Compact Commission. The water was, and is, of supreme importance to many Westerners. But it is of little concern to the Eastern elite that traditionally control the media, the foundations, the federal bureaucracy, and academia—and therefore the national flow of information.

(3) Those who control the flow of information have vested interests in central control of other aspects of life as well. It is certainly against their interest to inform people that states can solve problems without federal direction. Many view a convention of states in particular as a threat to their influence. Hence they try to convince you that it would be an untried, dangerous mechanism.

In fact, conventions of states represent a venerable American tradition—older than the Constitution itself, and extending well into very modern times.

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Rob Natelson
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