Almost immediately after beginning to meet in 1789, the first Congress, led by James Madison, began to consider amendments to the Constitution proposed by the state ratifying conventions. George Washington and Madison had personally pledged to consider amendments because they realized that some amendments would be necessary to reduce pressure for a second constitutional convention that might drastically alter and weaken the new federal government. Fastening on Anti-Federalist criticisms that the Constitution lacked a clear articulation of guaranteed rights, Madison proposed amendments that emphasized the rights of individuals rather than the rights of states， an ingenious move that led to cries that these amendments—now known as the “Bill of Rights”—were a mere diversion.
Thomas Jefferson to James Madison, December 20, 1787
In the final days of debate at the Constitutional Convention, die-hard opponents, such as Elbridge Gerry (1744–1814), a delegate from Massachusetts, launched a failed effort to call for a second convention to secure the rights of citizens. Continued vocal demands for a bill of rights forced James Madison to propose amendments to the Constitution almost immediately after the Convention met in 1789.
James Madison. Notes of Debates in the Federal Convention, September 17, 1787. Manuscript. James Madison Papers, Manuscript Division, Library of Congress (77.00.01) [Digital ID# us0077_01p1] Bookmark this item: //www.loc.gov/exhibits/creating-the-united-states/demand-for-a-bill-of-rights.html#obj4
Bill of Rights Rejected at Constitutional Convention
In the final days of the Constitutional Convention, as delegates rushed to complete work on the final draft of the Constitution, George Mason of Virginia and Elbridge Gerry of Massachusetts proposed that the Constitution be “prefaced with a bill of rights.” On September 12, 1787, after little debate, the proposal was unanimously rejected by the delegates as unnecessary to protect individual rights.
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In the final days of the Constitutional Convention, as delegates rushed to complete work on the final draft of the Constitution, George Mason of Virginia and Elbridge Gerry of Massachusetts proposed that the Constitution be “prefaced with a bill of rights.” On September 12, 1787, after little debate, the proposal was unanimously rejected by the delegates as unnecessary to protect individual rights. James Madison recorded Benjamin Franklin’s doubts five days later.
James Madison. Notes of Debates in the Constitutional Convention, September 17, 1787. Manuscript copy in the hand of John C. Payne. James Madison Papers, Manuscript Division, Library of Congress (077.00.03) [Digital ID#s us0077_01p2, us0077p2] Read the transcript Bookmark this item: //www.loc.gov/exhibits/creating-the-united-states/demand-for-a-bill-of-rights.html#obj6
Many supporters and opponents of the proposed amendments to the federal Constitution known as the “Bill of Rights” considered them a diversion from substantive changes to the Constitution. Aedanus Burke (1743–1802), an anti-federalist Congressman from South Carolina, asserted on August 15, 1789 that they were “little better than whipsyllabub, frothy and full of wind” and were like “a tub thrown out to a whale, to secure the freight of the ship and its peaceable voyage.”
Aedanus Burke. Speech in The Congressional Register; or, History of the Proceedings and Debates of the First House of Representatives of the United States of America. New York: Harrisson and Purdy, 1789–1790. Rare Book and Special Collections Division, Library of Congress (78.01.00) [Digital ID# us0078_01] Bookmark this item: //www.loc.gov/exhibits/creating-the-united-states/demand-for-a-bill-of-rights.html#obj8
Amendments Sent for Ratification
From hundreds of proposed amendments to the Constitution, Congress gave final approval to twelve amendments. The ten that were sanctioned became known as the Bill of Rights. Copies prepared under the direction of John Beckley (1757–1807), clerk of the House, were sent to President George Washington on September 25, 1789, for dispersal to the states for ratification. Amendments three through twelve were approved and went into effect on December 15, 1791, when Virginia became the eleventh state to ratify them. Massachusetts, Connecticut, and Georgia did not vote to ratify. Although Amendment Two was rejected in the 1790s, it later became the twenty-seventh amendment to the Constitution.
Proposed Amendments to the Federal Constitution (Bill of Rights), September 1789. Manuscript engrossed and signed by John James Beckley. Manuscript Division, Library of Congress (84) [Digital ID# raadf010] Bookmark this item: //www.loc.gov/exhibits/creating-the-united-states/demand-for-a-bill-of-rights.html#obj12 Back to Top
James Madison (1751–1838), an Orange County, Virginia, planter, was a strong proponent of a strong central government to replace the Articles of Confederation. Often credited with being the A “Father of the Constitution” of 1787, Madison was a leader in the House of Representatives, established the Jeffersonian-Republican Party with Thomas Jefferson, and in 1809 succeeded him as president of the United States. Bookmark this item: //www.loc.gov/exhibits/creating-the-united-states/demand-for-a-bill-of-rights.html#obj18 Back to Top
American liberty or freedom was often presented as a beautiful young woman. In this popular 1796 allegory by Edward Savage (1761–1817), a maiden in the form of the Goddess of Youth (Hebe) offers food to an eagle, symbol of the United States, while she treads on chains, a scepter, key, and other implements of tyranny. A liberty cap, mounted on the pole of an American flag, floats in the sky behind her, visible through the clouds of war that spew lightning to drive the British fleet from Boston harbor. Bookmark this item: //www.loc.gov/exhibits/creating-the-united-states/demand-for-a-bill-of-rights.html#obj20
The first Federal Congress met at New York from March 4–September 29, 1789. It established procedures for dealing with the President, passed laws establishing the executive departments (State, War, Treasury) and the federal judiciary, and set the tariff on imports, which supplied most of the revenue of the federal government. This copy bears George Washington’s signature on the title page and is open to the proposed amendments that would form the Bill of Rights. Articles three through twelve were ratified by three-fourths of the states.
Acts Passed at a Congress of the United States of America, Begun and Held at the City of New York . . . . New York: Francis Childs and John Swaine, 1789. Law Library, Library of Congress (084.03.00) [Digital ID# us0084_03] Bookmark this item: //www.loc.gov/exhibits/creating-the-united-states/demand-for-a-bill-of-rights.html#obj22
In this letter to David Humphreys (1753–1808), soldier, diplomat, poet, and confidant of George Washington, Thomas Jefferson voices his concern that the new federal Constitution lacks a bill of rights and fails to set term limits on the presidency. Jefferson favored the addition of a declaration of rights as a supplement to the basic constitutional document—the method of amendment chosen by Congress later in 1789. Bookmark this item: //www.loc.gov/exhibits/creating-the-united-states/demand-for-a-bill-of-rights.html#obj23
In this letter, partly written in cipher to protect its contents from prying eyes, James Madison reports that opposition to the General Assessment Bill, which would provide state funding for all Protestant ministers, was growing. The leaders of the various sects continued to shift their ground on the measure, causing Madison and other supporters of a separation between church and state a great deal of anxiety. Madison played a leading role in opposition to the General Assessment Bill and drafted the key remonstrance against it that circulated throughout the state of Virginia. Bookmark this item: //www.loc.gov/exhibits/creating-the-united-states/demand-for-a-bill-of-rights.html#obj24
George Washington is represented in this engraving with Martha Custis Washington (1731–1802) and two of their grandchildren, George Washington Parke Custis (1781–1857) and Eleanor (Nelly) Parke Custis (1779–1852), during his presidency. The group, which posed for artist Edward Savage (1761–1817) while in New York City, is shown around a table gazing at a map of the newly formed District of Columbia. Washington’s personal servant, an African American slave named William Lee, stands in the background. Bookmark this item: //www.loc.gov/exhibits/creating-the-united-states/demand-for-a-bill-of-rights.html#obj25 Back to top |
Who wanted to debate adding a Bill of Rights to the Constitution during the Constitutional Convention?
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