Senate Revisions to the Bill of Rights

This document illustrates the Senate's process of altering and consolidating 17 House-proposed amendments (referred to as "Articles") – what became the Bill of Rights.

The brown ink markings, made by the Secretary of the Senate, include cross-outs, combined amendments, and revised language.

The omission of a list of individual rights in the Constitution had hindered its ratification by the states. Specific citizen rights were guaranteed in state constitutions and in the Northwest Ordinance, but left out of the Federal Constitution. The states of Massachusetts, South Carolina, New Hampshire, Virginia, and New York submitted proposed amendments for individual freedoms with their resolutions for ratification of the Constitution.

On June 8, 1789, Representative James Madison of Virginia proposed 17 amendments to the newly ratified U.S. Constitution in the House of Representatives. That summer the House debated the issues, and on August 24 passed 17 proposed constitutional amendments. The Senate then took up the matter, cutting the 17 amendments to 12 by combining and deleting items.

On October 2, 1789, 12 articles of amendment were sent to the states. By December 15, 1791, three-fourths of the states had ratified 10 of them (articles 3 through 12), known thereafter as the Bill of Rights.

Transcript

Congress of the United States

In the House of Representatives

Monday, 24th August, 1789

Resolved, by the Senate and House of Representatives of the United States of America in Congress Assembled, two thirds of both Houses concurring [strikethrough: deeming it necessary],  That the following Articles be proposed to the Legislature 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 - Viz.

Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of 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 Representative for every thirty thousand, until the number shall amount to one hundred, [strikethrough: after which] [written in margin: amendment] [rest of paragraph crossed out: 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 regulated by Congress, that there shall not be less than two hundred Representatives, nor less than one Representative for every fifty thousand persons.]

ARTICLE the SECOND.

No law varying the compensation [strikethrough: to the members of Congress,] [inserted: for the services of the Senators and Representatives [strikethrough: of the U.S.]], shall take effect, until an election of Representatives shall have intervened. [in margin: a]

ARTICLE the THIRD.

Congress shall make no law establishing [strikethrough: religion or prohibiting the free exercise thereof, nor shall the rights of Conscience be infringed.] [inserted and strikethrough: one religious sect or society in Preference to others] [inserted: Articles of Faith or a mode of Worship or prohibiting the free exercise of Religions.]

ARTICLE the FOURTH.

[inserted: Congress shall make no Law abridging] The Freedom of Speech, [strikethrough: and][inserted: or] of the Press, [strikethrough: and][inserted: or] the right of the People peaceably to assemble, [strikethrough: and consult for their common good], and to [strikethrough: apply to][inserted: petition] the Government for a redress of grievances, [strikethrough: shall not be infringed.]

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ARTICLE the FIFTH.

[in margin: amendment] [paragraph crossed out: 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 one religiously scrupulous of bearing arms, shall be compelled to render military service in person.]

ARTICLE the SIXTH.

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. [in margin: a]

[sideways in margin: Articles of Amendments to the Constitution of the U States]

ARTICLE the SEVENTH.

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. [in margin: a]

ARTICLE the EIGHTH.

No person shall be subject [inserted: to be twice drawn in Jeopardy of Life or Limb, by any public Prosecution] [crossed out: except in case of impeachment, to more than one trial or one punishment] for the same offense, 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. [in margin: a]

[written in margin: 8. & 10. united with an amendment]

ARTICLE the NINTH.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, 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. [in margin: a]

ARTICLE the TENTH.

The trial of all crimes (except in cases of impeachment, and in  cases arising in the land or naval forces, or in the militia when in actual service in time of War or public danger) shall be by an Impartial Jury of the Vicinage, with the requisite of unanimity for conviction, the right of challenge, and other accustomed requisites; [strikethrough: and] no person shall be lead to answer for a capital, or otherways infamous crime, unless on a presentment or indictment by a Grand Jury; [crossed out: but if a crime be committed in a place the possession of an enemy, or in which an insurrection may prevail, the indictment and trial may by law be authorised in some other place within the fame State.] [in margin: a]

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[inserted: 10th and 11th incorporated]

ARTICLE the ELEVENTH.

No appeal to the Supreme Court of the United States, shall be allowed, where the value in controversy shall not amount to one thousand dollars, nor shall no fact triable by a Jury according to the course of the common law, shall be otherwise re-examinable, [inserted: in any court of the U.S.] than according to the rules of common law.

ARTICLE the TWELFTH.

In suits at common law where the value in controversy shall exceed twenty dollars the right of trial by jury shall be preserved. [in margin: a]

 ARTICLE the THIRTEENTH.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. [in margin: a]

ARTICLE the FOURTEENTH.

No state shall infringe the right of trial by jury in criminal cases, nor the rights of conscience, nor the freedom of speech, or of the press. [in margin: dele]

ARTICLE the FIFTEENTH.

The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. [in margin: a]

ARTICLE the SIXTEENTH.

[paragraph crossed out: The powers delegated by the Constitution to the government of the United States, shall be exercised and therein appropriated, for that the Legislative shall never exercise the powers vested in the Executive or Judicial, nor the Executive the powers vested in the Legislative or Judicial, nor the Judicial the powers vested in the Legislative or Executive.] [in margin: dele not a]


ARTICLE the SEVENTEENTH.

The powers not delegated [inserted: to the U.S.] by the Constitution, nor prohibited by it, to the States, are reserved to the States respectively, [inserted: or to the People.] [in margin: a]

Teste,

John Bleckley, Clerk.

In Senate, August 25, 1789.
Read and ordered to be printed for the consideration of the Senate.

Attest,  Samuel A. Otis, Secretary.