US Constitution of 1787
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President George Washington's October 2nd, 1789, transmittal letter to the 11 States, North Carolina, and Rhode Island (NC and RI had not yet ratified the Constitution of 1787). |
Bill of Rights
An innovative Plan of the New Federal Government was passed by the Philadelphia Convention on September 17, 1787. Rushed to New York by stagecoach, the newly proposed constitution was presented to the President of Congress, Arthur St. Clair, along with a letter from the convention’s President, George Washington. Only sketches of the great debate that ensued exist due to the veil of secrecy that surrounded Congress. We do know from the notes by New York delegate Melancton Smith that a majority of the USCA delegates believed they had the right to alter the new Constitution before it was sent on to the States. James Madison, Rufus King, and Nathaniel Gorham, all Philadelphia Conventioneers, argued to the contrary in the USCA debates. Unlike the Articles of Confederation, only nine states were needed to complete the ratification of the proposed constitution. Delegate Richard Henry Lee, who was determined to include a Bill of Rights and require unanimous ratification for the new constitution to become law, led the fight to amend the Philadelphia Convention's Constitution. After three days of heated debate the USCA passed an enabling resolution that left the new Constitution unaltered:
In the summer of 1789, the new Congress was faced with addressing over two hundred constitutional amendments proposed by the states during the ratification process. After eliminating replication, the number stood at nearly 90 with most calling for a reorganization of the federal government’s structure. In the House of Representatives, James Madison was able to persuade his reluctant colleagues to whittle the number down and pass 17 Articles on August 24th, 1789. A second set of 12 Articles were passed by the U.S. Senate between September 4th and 9th, 1789.
Congress having received the report of the Convention lately assembled in Philadelphia: Resolved Unanimously that the said Report with the resolutions and letter accompanying the same be transmitted to the several legislatures in Order to be submitted to a convention of Delegates chosen in each state by the people thereof in conformity to the resolves of the Convention made and provided in that case.During the ratification process several state conventions, in their resolutions approving the new Constitution, proposed numerous "bill of rights” amendments. By August, 1788, 11 States had ratified the constitution all with the understanding that such "bill of rights” amendments would be constructed by the new members of the First Federal Bicameral Congress.
In the summer of 1789, the new Congress was faced with addressing over two hundred constitutional amendments proposed by the states during the ratification process. After eliminating replication, the number stood at nearly 90 with most calling for a reorganization of the federal government’s structure. In the House of Representatives, James Madison was able to persuade his reluctant colleagues to whittle the number down and pass 17 Articles on August 24th, 1789. A second set of 12 Articles were passed by the U.S. Senate between September 4th and 9th, 1789.
On September 21st, 1789, a House/Senate Conference Committee (HR-S CC) convened to resolve the numerous differences between the two Bill of Rights proposals. On September 24th, 1789, the HR-S CC submitted their recommendations to the House of Representatives and the Senate.
On September 24th, 1789, the House passed a resolution that ordered the proposed 12 Amendments to be engrossed and transmitted by President George Washington to the 11 United States, plus Rhode Island and North Carolina (even though they had not ratified the Constitution of 1787). The Senate approved the HR resolution on September 26th, 1789.
On October 2nd, 1789, following the direction of Congress, President Washington transmitted the 12 engrossed amendments to the states with the the following cover letter:
Exhibited is the February 6, 1788 State of Massachusetts Ratification Resolution, which includes the call that nine “alterations and provisions be introduced into the said constitution.”
The Committees of the two Houses appointed to confer on their different votes on the Amendments proposed by the Senate to the Resolution proposing Amendments to the Constitution, and disagreed to by the House of Representatives, have had a conference, and have agreed that it will be proper for the House of Representatives to agree to the said Amendments proposed by the Senate, with an Amendment to their fifth Amendment, so that the third Article shall read as follows "Congress shall make no law respecting an establishment of Religion, or prohibiting the free exercise thereof; or abridging the freedom of Speech, or of the Press; or the right of the people peaceably to assemble and to petition the Government for a redress of grievances" And with an Amendment to the fourteenth Amendment proposed by the Senate, so that the eighth Article, as numbered in the Amendments proposed by the Senate, shall read as follows "In all criminal prosecutions, the accused shall enjoy the right to a speedy & publick trial by an impartial jury of the district wherein the crime shall have been committed, as the district shall have been previously asscertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; and to have compulsory process for obtaining Witnesses against him in his favour, & to have the assistance of counsel for his defence.
The Committees were also of Opinion that it would be proper for both Houses to agree to amend the first Article, by striking out the word "less" in the last line but one, and inserting in its place, the word "more," and accordingly recommend that the said Article be reconsidered for that purpose.
This report was ordered to lie for consideration.The House of Representatives crafted and passed a resolution that followed HR-S CC recommendations except it failed to incorporate the penultimate line language “in the last line but one” for Article the First. Instead, the House had substituted its own verbiage, “in the last place of the said first article,” rendering Article the First dysfunctional. Despite this serious divergence from HR-S CC’s recommendations, which no one apparently noticed, the Senate approved the HR Bill of Rights Resolution on September 25th, 1789.
On September 24th, 1789, the House passed a resolution that ordered the proposed 12 Amendments to be engrossed and transmitted by President George Washington to the 11 United States, plus Rhode Island and North Carolina (even though they had not ratified the Constitution of 1787). The Senate approved the HR resolution on September 26th, 1789.
On October 2nd, 1789, following the direction of Congress, President Washington transmitted the 12 engrossed amendments to the states with the the following cover letter:
Sir, In pursuance of the enclosed resolution I have the honor to transmit to your Excellency a copy of the amendment proposed to be added to the Constitution of the United States. I have the honor to be, With due Consideration, Your Excellency’s Most Obedient Servant, George WashingtonTen of the articles, through the process of ratification by three-fourths of the states, were enacted as constitutional amendments on December 15, 1791 and are commonly referred to as the "Bill of Rights." Of the remaining two amendments, Article the Second was adopted 203 years later as the Twenty-seventh Amendment. Only Article the First remains unratified and pending before the states.
Exhibited is the February 6, 1788 State of Massachusetts Ratification Resolution, which includes the call that nine “alterations and provisions be introduced into the said constitution.”
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The February 6, 1788 State of Massachusetts Ratification Resolution, which includes the call that nine “alterations and provisions be introduced into the said constitution.” - Images from the American Museum, Or Repository Of Ancient And Modern Fugitive Pieces, Prose And Poetica, for February 1787, pages 161-163. |
Exhibited also are the Acts passed at the first session of the Congress of the United States of America: begun and held at the city of New-York, on Wednesday the fourth of March, in the year of M,DCC,LXXXIX : and of the Independence of the United States the thirteenth, Hudson and Goodwin, Hartford, CT, 1791
12-Amendment HR/Senate Resolution Engrossed Copy
Congress of the United States begun and held at
the City of New York on Wednesday the fourth of
March. one thousand seven hundred and eighty
nine.
The Conventions of a number of the States, having at
the time of their adopting the Constitution, expressed
a desire, in order to prevent misconstruction or abuse
of its powers, that further declaratory and restrictive
clauses should be added: And as extending the ground of
Public confidence in the Government, will best secure
the beneficent ends of its institution;
Resolved by the Senate and House of Representatives of
the United States of America, in Congress assembled,
two thirds of both Houses concurring, that the
following Articles be proposed to the Legislatures of
the several States, as amendments to the Constitution
of the United States, all, or any of which Articles,
when ratified by three fourths of the said
Legislatures, to be valid to all intents and purposes,
as part of the said Constitution; Vizt
Articles in addition to, and amendment of the
Constitution of the United States of America, proposed
by Congress, and ratified by the Legislatures of the
several States, pursuant to the fifth Article of the
original Constitution.
Article the
first. After the first enumeration, required by the
first Article of the Constitution, there shall be one
representation for every thirty thousand, until the
number shall amount to one hundred, after which the
proportion shall be so regulated by Congress, that
there shall be not less than one hundred
Representatives, nor less than one representative for
every forty thousand persons, until the number of
representatives shall amount to two hundred, after
which the proportion shall be so regulated by Congress,
that there shall not be less than two hundred
Representatives, nor more than one Representative for
every fifty thousand persons. [This
Article was transmitted to the States but not actually
passed in the 12-Amendment
HR/Senate Resolutions].
Article the second. No law varying the compensation for
the services of the Senators and Representatives, shall
take effect, until an election of representatives shall
have intervened. [27th Amendment to the Constitution of
1787].
Article the third. Congress shall make no law
respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of
Speech, or of the Press; or the right of the People
peaceably to assemble, and to Petition the Government
for a redress of
grievances. [1st Amendment to the Constitution of
1787].
Article the fourth. A well-regulated militia, being
necessary to the security of a free State, the right of
the people to keep and bear Arms shall not be
infringed. [2nd Amendment to the Constitution of
1787].
Article the fifth. No soldier shall in time of Peace be
quartered in any House, without the consent of the
owner, nor in time of War, but in a manner to be
prescribed by law. [3rd Amendment to the Constitution of
1787].
Article the sixth. The right of the people to be secure
in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated and no warrant shall issue, but upon probable
cause, supported by oath or affirmation, and
particularly describing the place to be searched, and
the persons or things to be
seized. [4th Amendment to the Constitution of
1787].
Article the seventh. No person shall be held to answer
for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the
Militia, when in actual service in time of war or
public danger; nor shall any person be subject for the
same offence to be twice put in jeopardy of life or
limb, nor shall be compelled in any criminal case to be
a witness against himself, nor be deprived of life,
liberty or property, without due process of law; nor
shall private property be taken for public use, without
just compensation. [5th Amendment to the Constitution of
1787].
Article the eighth. In all criminal prosecutions, the
accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which
district shall have been previously ascertained by law,
and to be informed of the nature and cause of the
accusation, to be confronted with the witnesses against
him; to have compulsory process for obtaining witnesses
in his favor, and to have the assistance of counsel for
his defence. [6th Amendment to the Constitution of
1787].
Article the ninth. In suits of Common law, where the
value in controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and no fact
tried by a jury shall be otherwise re-examined in any
court of the United States, than according to the rules
of the common law. [7th Amendment to the Constitution of
1787].
Article the tenth. Excessive bail shall not be
required, nor excessive fines imposed, nor cruel and
unusual punishments
inflicted. [8th Amendment to the Constitution of
1787].
Article the eleventh. The enumeration in the
Constitution of certain rights, shall not be construed
to deny or disparage others retained by the
People. [9th Amendment to the Constitution of
1787].
Article the Twelfth. The powers not delegated to the
United States by the Constitution, nor prohibited by it
to the States, are reserved to the States respectively,
or to the people. [10th Amendment to the Constitution of
1787].
Frederick Augustus Muhlenberg, Speaker of the
House of Representatives
John Adams, president of the Senate
Attested by John Beckley, clerk of the House of
Representatives, and Samuel A. Otis, secretary of
the Senate.
Image is from the Records of the U.S. National
Archives.
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| Dr.Naomi Yavneh Klos at the Bill of Rights Case |
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National Collegiate Honor’s Council Partners in the Park Independence Hall Class of 2017 students at Federal Hall National Historic Park with Ranger holding the 1789 Acts of Congress opened to the 12 Amendment Joint Resolution of Congress issued September 25th, 1789. The only amendment in the "Bill of Rights" that was not ratified is Article the First, which is still pending before Congress. Cintly is holding an Arthur St. Clair signed Northwest Territory document, Imani is holding the First Bicameral Congressional Act establishing the U.S. Department of State and Rachael is holding a 1788 John Jay letter sent to the Governor of Connecticut, Samuel Huntington, transmitting a treaty with France. – Primary Sources courtesy of Historic.us |
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Bill of Rights: A 1790’s printing
of the September 25th, 1789, Act of the United States
House of Representatives and Senate in Congress
Assembled proposing 12 Constitutional
Amendments: “Articles in addition to,
amendment of, the constitution of the United States of
America, proposed by congress, and ratified by the
legislatures of the several states, pursuant to the
fifth article of the original
constitution.” Signed in type by Frederick
Augustus Muhlenberg, Speaker of the House of
Representatives, John Adams, Vice-President of the
United States and president of the Senate.
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Bill of Rights
Congressional Members
August - September, 1789
Congressional Members
August - September, 1789
US House Representatives
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State
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US Senate
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State
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Huntington,
Benjamin
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Connecticut
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Vice President
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Sherman,
Roger*^
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Connecticut
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Ellsworth,
Oliver
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Connecticut
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Sturges,
Jonathan
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Connecticut
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Johnson, W.
Samuel*
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Connecticut
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Trumbull,
Jonathan
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Connecticut
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Bassett,
Richard
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Delaware
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Wadsworth,
Jeremiah
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Connecticut
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Read,
George*^
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Delaware
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Vining,
John
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Delaware
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Few,
William*
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Georgia
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Baldwin,
Abraham
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Georgia
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Gunn,
James
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Georgia
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Jackson,
James
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Georgia
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Carroll,
Charles
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Maryland
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Mathews,
George
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Georgia
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Henry,
John
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Maryland
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Carroll,
Daniel*+
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Maryland
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Dalton,
Tristram
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Massachusetts
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Contee,
Benjamin
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Maryland
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Strong,
Caleb
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Massachusetts
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Gale,
George
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Maryland
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Langdon,
John*
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New
Hampshire
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Seney,
Joshua
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Maryland
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Wingate,
Paine
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New
Hampshire
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Smith,
William
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Maryland
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Elmer,
Jonathan
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New
Jersey
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Stone,
Michael Jenifer
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Maryland
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Paterson,
William*
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New
Jersey
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Ames,
Fisher
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Massachusetts
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King,
Rufus
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New
York
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Gerry,
Elbridge^+
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Massachusetts
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Schuyler,
Philip
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New
York
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Goodhue,
Benjamin
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Massachusetts
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Maclay,
William
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Pennsylvania
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Grout,
Jonathan
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Massachusetts
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Pennsylvania
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Leonard,
George
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Massachusetts
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Butler,
Pierce*
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South
Carolina
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Partridge,
George
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Massachusetts
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Izard,
Ralph
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South
Carolina
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Sedgwick,
Theodore
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Massachusetts
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Grayson,
William
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Virginia
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Thatcher,
George
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Massachusetts
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Virginia
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Foster,
Abiel
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New
Hampshire
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||
Gilman,
Nicholas*
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New
Hampshire
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Executive Branch
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Office
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Livermore,
Samuel
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New
Hampshire
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President
|
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New
Jersey
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Secretary of
State
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||
Cadwalader,
Lambert
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New
Jersey
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Secretary of
Treasury
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Schureman,
James
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New
Jersey
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Henry
Knox
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Secretary of
War
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Sinnickson,
Thomas
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New
Jersey
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Edmond
Randolph
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Attorney
General
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Benson,
Egbert
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New
York
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||
Floyd,
William^
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New
York
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Judicial Branch
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Office
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Hathorn,
John
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New
York
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John
Jay+**
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Chief
Justice
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Laurance,
John
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New
York
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||
Silvester,
Peter
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New
York
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||
Van
Rensselaer, Jeremiah
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New
York
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||
Clymer,
George*^
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Pennsylvania
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||
Fitzsimons,
Thomas*
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Pennsylvania
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||
Hartley,
Thomas
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Pennsylvania
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||
Hiester,
Daniel, Jr.
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Pennsylvania
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||
Muhlenberg, Frederick
A.
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Pennsylvania
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Speaker of the House
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Muhlenberg,
Peter
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Pennsylvania
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||
Scott,
Thomas
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Pennsylvania
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||
Wynkoop,
Henry
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Pennsylvania
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||
Burke,
Aedanus
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South
Carolina
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||
Huger,
Daniel
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South
Carolina
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||
Smith
William L.
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South
Carolina
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||
Sumter,
Thomas
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South
Carolina
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||
Tucker,
Thomas Tudor
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South
Carolina
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||
Bland,
Theodorick
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Virginia
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||
Brown,
John
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Virginia
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||
Coles,
Isaac
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Virginia
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||
Griffin,
Samuel
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Virginia
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||
Lee, Richard
Bland
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Virginia
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||
Virginia
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* Constitution of 1787
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15 Signers
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Moore,
Andrew
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Virginia
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^ Declaration of Independence
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Nine Signers
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Page,
John
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Virginia
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+ Articles of Confederation
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Four Signers
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Parker,
Josiah
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Virginia
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** President of Congress
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Three Presidents
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White,
Alexander
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Virginia
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# United
States President
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Three Presidents
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#
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1789 Proposed Constitutional Amendments
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Proposal Date
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Enacted Date
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1st
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After the
first enumeration required by the first article of the
Constitution, there shall be one Representative for
every thirty thousand ... until the number of
Representatives shall amount to 200; after which the
proportion shall be so regulated by Congress, that
there shall not be less than 200 Representatives,
nor more
than
one Representative for every fifty thousand
persons. (language in dispute not ratified)
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September 25, 1789
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Pending
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2nd
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Prevents
laws affecting Congressional salary from taking effect
until after the next election of the representatives.
27th Amendment.
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September 25, 1789
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May 7, 1992
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3rd
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Congress
shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to
petition the Government for a redress of
grievances.
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September 25, 1789
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December 15, 1791
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4th
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A
well-regulated Militia, being necessary to the security
of a free State, the right of the people to keep and
bear Arms, shall not be infringed.
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September 25, 1789
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December 15, 1791
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5th
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No Soldier
shall, in time of peace be quartered in any house,
without the consent of the Owner, nor in time of war,
but in a manner to be prescribed by law.
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September 25, 1789
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December 15, 1791
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6th
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The right of
the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to
be searched, and the persons or things to be
seized
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September 25, 1789
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December 15, 1791
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7th
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No person
shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment
of a Grand Jury, except in cases arising in the land or
naval forces, or in the Militia, when in actual service
in time of War or public danger; nor shall any person
be subject for the same offence to be twice put in
jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for
public use, without just compensation
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September 25, 1789
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December 15, 1791
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8th
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In all
criminal prosecutions, the accused shall enjoy the
right to a speedy & public trial, by an impartial
jury of the State & district where in the crime
shall have been committed, which district shall have
been previously ascertained by law, and to be informed
of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his
favor, and to have the Assistance of Counsel for his
defense.
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September 25, 1789
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December 15, 1791
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9th
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In Suits at
common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury, shall be
otherwise re-examined in any Court of the United
States, than according to the rules of the common
law.
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September 25, 1789
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December 15, 1791
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10th
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Excessive
bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments
inflicted.
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September 25, 1789
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December 15, 1791
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11th
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The
enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others
retained by the people.
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September 25, 1789
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December 15, 1791
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12th
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The powers
not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the
States respectively, or to the people.
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Historic.us
Exhibits
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| Stan Klos lecturing at the Republican National Convention's PoliticalFest 2000 Rebels With A Vision Exhibit in Philadelphia's Convention Hall |
Primary Source exhibits are available for display in
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202-239-1774 | Office
Dr. Naomi and Stanley Yavneh Klos, Principals
Historic.us
Dr. Naomi
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727-771-1776 | Exhibit Inquiries
202-239-1774 | Office
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Naomi@Historic.us
Stan@Historic.us
Primary Source exhibits are available for
display in your community. The costs range from
$1,000 to $35,000 depending on length of time on
loan and the rarity of artifacts
chosen.
Website: www.Historic.us
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