Congress Debates the Bill of Rights

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Complete and authentic issue of The Pennsylvania Packet, and Daily Advertiser, 4pp., Philadelphia, Pennsylvania, Friday, July 31, 1789, disbound, separated at the spine. On June 8, 1789, Virginia Congressman James Madison introduced his proposed amendments to the Constitution. On July 21, 1789, Congressman John Vining of Delaware was appointed to chair a select committee of 11 to review and make a report on the subject of amendments to the Constitution. Each committeeman represented one of the 11 states (Rhode Island and North Carolina had not ratified the Constitution at that time), with James Madison representing Virginia. Seven days later, Vining issued the committee's report. The report included 20 words to be added before the introductory phrase "We the people" which was not approved by Congress. On August 24, 1789, the House of Representatives passed 17 proposed amendments which were reduced to 12 before it was passed by the Senate and House and sent to the states on September 25, 1789 for ratification. On December 15, 1791, ten of these proposals became the First through Tenth Amendments to the U.S. Constitution when they were ratified by the Virginia legislature.Vining's report, in part, as published on the third page of this newspaper, with eventual action taken by Congress in brackets. "In the introductory paragraph before the words, 'We the people' add, 'Government being intended for the benefit of the people, and the rightful establishment thereof being derived from their authority alone.'" [Not proposed by Congress] "Art. 1, Sec. 2, Par. 3 - Strike out all between the words, 'direct' and 'and until such,' and instead thereof insert, 'After the first enumeration there shall be one representative for every thirty thousand until the number shall amount to one hundred; after which the proportion shall be so regulated by Congress that the number of Representatives shall never be less than one. Art. 1, Sec. 6 - Between the words 'United States,' and 'shall in all cases,' strike out 'they,' and insert, 'But no law varying the compensation shall take effect until an election of Representatives shall have intervened. The members.'" [Proposed. Rejected. Eventually ratified by the required number of states in 1992 as the 27th Amendment: "No law varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened."] "Art. 1, Sec. 9 - Between Par. 2 and 3 insert, 'No religion shall be established by law, nor shall the equal rights of conscience be infringed.'" "The freedom of speech, and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances, shall not be infringed." [Ratified as 1st Amendment: "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."] "A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed, but no person religiously scrupulous shall be compelled to bear arms." [Ratified as 2nd Amendment: "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."] "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." [Ratified as 3rd Amendment: "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."] "No person shall be subject, except in case of impeachment, to more than one trial or one punishment for the same offence, nor shall be compelled 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." [Combined with proposed 10th Article - see below - Ratified as 5th Amendment: "No person shall be held to answer for any 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."] "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." [Ratified as 8th Amendment: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."] "The right of the people to be secure in their person, houses, papers and effects, shall not be violated by warrants issuing, without probable cause supported by oath or affirmation, and not particularly describing the places to be searched, and the persons or things to be seized." [Ratified as 4th Amendment: "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."] "The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people." [Ratified as 9th Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."]It is interesting to note that when Congress sent the Bill of Rights to the states for ratification, among the amendments proposed by James Madison, two relating to conscience were omitted. Originally concluding "the right of the people to keep and bear arms shall not be infringed, but no person religiously scrupulous shall be compelled to bear arms," the 2nd Amendment concludes "the right of the people to keep and bear arms shall not be infringed." Also proposed by Madison and included in the Committee's July 28th report was "'No religion shall be established by law, nor shall the equal rights of conscience be infringed." The 1st Amendment begins: "Congress shall make no law respecting an establishment of religion." In both instances, the infringement upon the rights of the "religiously scrupulous" (conscientious objectors) and the "equal rights of conscience," although proposed by Madison and the Committee, were not included in the Bill of Rights.

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