"Federal Hall, The Seat of Congress" Engraving by Amos Doolittle, 1790.

The Constitution: Counter Revolution or National Salvation? Issue 1:  Legality of the Constitution

In May 1786, Charles Pinckney of South Carolina proposed that Congress revise the Articles of Confederation. Congress responded by appointing a committee to draft amendments to the Articles. On August 7, 1786, the committee produced these amendments, written chiefly by committee chairman Pinckney.

Among many changes, the amendments would have granted Congress exclusive power over commerce, and outlined punishments for poor attendance by members of Congress. Although the most ambitious effort to revise the Articles of Confederation, the amendments were never acted upon; a new convention meeting in Annapolis, Maryland, seemed likely to devise a plan for granting Congress power over trade.

"Congress Tries to Revise the Articles of Confederation,"
from the Special Presentation, To Form a More Perfect Union,
in Continental Congress and the Constitutional Convention, 1774-1789

Review the following primary source documents to find evidence regarding the legality of the proceedings by which the creation of the Constitution came about.

• What were the issues related to the procedures of the Federal Convention and the resulting plan of government?
• Were the Articles of Confederation adequate to address the growing needs of the United States?

Amending the Articles of Confederation
"The grand committee, consisting of Mr.Livermore, Mr.Dane, Mr.Manning, . . . Mr. Pinckney and Mr. Houstoun, appointed to report such amendments to the Confederation, and such resolutions as it may be necessary to recommend to the several states, for the purpose of obtaining from them such powers as will render the federal government adequate to the ends for which it was instituted, beg leave to submit the following report to the consideration of Congress . . ."

Letter from George Washington to John Jay, March 10, 1787.
"How far the revision of the federal system, and giving more adequate powers to Congress may be productive of an efficient government, I will not under my present view of the matter, presume to decide."

Letter from the Hon. Robert Yates . . . to the Governor of New York
"Sir: We do ourselves the honor to advise your excellency that, in pursuance to concurrent resolutions of the honorable Senate and Assembly, we have, together with Mr.... Hamilton, attended the Convention appointed for revising the Articles of Confederation, and reporting amendments to the same."

An Address of the . . . Representatives of the Commonwealth of Pennsylvania
"During the fall and spring sessions of the legislature, on the recommendations of the Congress of the United States, your representatives proceeded to the appointment of delegates to attend a Convention to be held in the city of Philadelphia, for the purposes of revising and amending the present articles of confederation..."

Address and Reasons of Dissent of the Minority
"It was not until after the termination of the late glorious contest, which made the people of the United States an independent nation, that any defect was discovered in the present confederation."