Bill
of Rights (1791) - Transcript
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.
History of the Bill of
Rights
Although
12 amendments were originally proposed, the 10 that were ratified became
the Bill of Rights in 1791. They defined citizens' rights in relation to
the newly established government under the Constitution.
During the debates on the adoption
of the Constitution, its opponents repeatedly charged that the
Constitution as drafted would open the way to tyranny by the central
government. Fresh in their minds was the memory of the British violation
of civil rights before and during the Revolution. They demanded a
"bill of rights" that would spell out the immunities of
individual citizens. Several state conventions in their formal
ratification of the Constitution asked for such amendments; others
ratified the Constitution with the understanding that the amendments
would be offered.
On September 25, 1789, the First Congress of
the United States therefore proposed to the state legislatures 12
amendments to the Constitution that met arguments most frequently
advanced against it. Articles 3 to 12, ratified December 15, 1791, by
three-fourths of the state legislatures, constitute the first 10
amendments of the Constitution, known as the Bill of Rights. Article 2
concerning the compensation of congressman was finally ratified on May
7, 1992. The first amendment, which concerned the number of constituents
for each Representative, was never ratified.
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
ensure 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; 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 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 Representative 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.
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.
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.
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.
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.
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 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.
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.
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.
Article the ninth... 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.
Article the tenth... Excessive bail
shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
Article the eleventh... The enumeration
in the Constitution, of certain rights, shall not be construed to deny
or disparage others retained by the people.
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.
ATTEST,
Frederick Augustus Muhlenberg, Speaker of the House of
Representatives
John Adams, Vice-President of the United States, and President of
the Senate
John Beckley, Clerk of the House of
Representatives.
Sam. A Otis Secretary of the Senate
Citation:
Engrossed Bill of Rights, September 25, 1789; General Records of the
United States Government; Record Group 11; National Archives.
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The Bill of Rights
