An Idea That Failed--The
Committee of the States
Every
constitution,
it seems, includes at least one idea that fails.
The Constitution of the United States (COTUS) of 1787, for
example, provided that
the second-place finisher in the presidential election should become
vice-president. This
worked so badly
that it had to be scrapped after just four elections and replaced by
the
Twelfth Amendment.
For
the Articles of
Confederation, that idea was the Committee of the States.
“The
United States,
in Congress assembled,” ran Article IX, “shall have authority to
appoint a
committee to sit in the recess of Congress, to be denominated a
‘Committee of
the States’, and to consist of one delegate from each State . . . The
committee
of the states, or any nine of them, shall be authorized to execute, in
the
recess of Congress, such of the powers of Congress as the United
States, in
Congress assembled, by the consent of nine states, shall, from time to
time,
think expedient to vest them with.”
The
reasoning
behind the Committee was logical.
Most assemblies, in the 1770’s, didn’t meet year
round.
State legislatures didn’t.
The British Parliament didn’t.
And Congress didn’t want to—members had families,
plantations, and businesses to look after, and needed recesses long
enough to
make the long journey home and back.
But,
states had
governors and courts, and Great Britain had a king.
The United States federal government, in
1777, had none of these. Congress
was
the government.
If Congress recessed, then for so long as it
recessed the federal government would cease to exist.
Thus,
the Committee. Congress
could delegate powers to the
Committee of the States, and all members except the unfortunate 13
chosen as committeemen could go home, for a break lasting perhaps
several months.
While
the
Revolutionary War raged, Congress dared not use this process. Congress sat year round,
and the press of
business was unrelenting. Individual
members would leave from time to time, and this contributed to
attendance
problems (see Absenteeism),
but
Congress as a whole seldom adjourned for more than a few days, and
never for
more than a few weeks.
Then,
in 1784, came
peace. Congress, then meeting in Annapolis, Maryland (above left),
determined to take a
vacation.
On
May 29, Congress
duly named one member from each state then attending to sit as a
Committee of
the States, and vested the Committee with powers—limited powers,
as it
turned out, to do little more than answer correspondence and fill
vacancies in
military and civil offices. On
June 3,
Congress adjourned until November.
The
Committee held
an organizational meeting on June 4, and then adjourned until June 26,
at which
time it found itself stymied by a familiar problem—a lack of a quorum. Off and on through July
the Committee met, sometimes
with the bare minimum of nine attendees to conduct routine business,
and
sometimes with no quorum. Finally,
on
August 11, three of the members tired of “tarry(ing) here for no
purpose” and
returned home. The
Committee never sat
again.
If
that had been
the end of the matter, it would have been a non-event.
But, what the failed committee lacked in
accomplishments, it made up for in engendered ill will.
Jacob
Read of South
Carolina fulminated against the departing members, and described one of
them,
Jonathan Blanchard (NH), as “much marked with the Small
pox.” “Never having
thought for himself, “ Read
wrote, “(Blanchard) from habit repeats What he has received from others
as a
Parrot would, and on some occasions is obliged to do so several times
before he
is quite sure he is right.”
J.F. Mercer of
Virginia, incensed over the adjournment,
described his colleagues as a “vagabond, strolling contemptible crew”. “If I do not find the
ensuing Congress of a
very different complexion from the last,” Mercer wrote, “I will no
longer
myself degrade the Character of a human being by continuing (as a)
useless
Cypher among others, who are become as contemptible to the World, as
they have
long been to themselves.”
Congress never
again constituted a Committee of the
States. Under the
COTUS, the President
manages the government between sessions of Congress, with power to
summon a
special session if needed.
Sources:
Edmund
Cody Burnett, The Continental Congress,
1941; Journals of the Continental
Congress, Volume 27; Letters of
Delegates to Congress, Volume 21
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