Nov 21 at 12:00 PM - Sale 2687 -

Sale 2687 - Lot 117

Estimate: $ 2,000 - $ 3,000
(CONSTITUTION.) The first published draft of the Bill of Rights, as it appeared in the Salem Mercury. 4 pages, 17 x 10½ inches, on one sheet, disbound; minor foxing. Salem, MA, 23 June 1789

Additional Details

The United States Constitution had only been in effect for just over three months, but was widely criticized as providing insufficient protection to the rights of its citizens. To advance the discussion, James Madison synthesized numerous proposals into a list of nine possible amendments, introducing them in his 8 June speech to Congress (summarized in this newspaper on page 1). These proposed amendments were later expanded to seventeen, and then winnowed down to twelve, of which ten were ratified by the states by 1791. We know them as the Bill of Rights.

On page 2, this newspaper shows the proposed amendments less than two weeks after they first appeared in New York: "The following are the Amendments to the New Constitution, proposed by the Hon. Mr. Madison." They had months of revisions ahead before becoming the Bill of Rights as we know them, but many parts will look familiar:

"The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established."

"The people shall not be deprived or abridged of the right to speak, to write, or to publish their sentiments."

"The right of the people to keep & bear arms shall not be infringed; a well armed, and well-regulated militia being the best security of a free country."

"Excessive bail shall not be required . . . nor cruel and unusual punishments inflicted."

"The accused shall enjoy the right to a speedy and public trial."