These six issues of The American Museum magazine capture the events of the dramatic and remarkable latter half of 1787. They include the first magazine printing of the proposed Constitution of the United States, arguments for and against the ratification of the Constitution (including the first six numbers of The Federalist), and notices of the ratification of the Constitution by Delaware and Pennsylvania. Other great material includes the Northwest Ordinance of 1787; the Virginia Statute for Religious Freedom (one of the three accomplishments of which Jefferson was proudest); Daniel Boone’s account of his exploits in Kentucky; state actions against slavery; and discussions of a wide range of subjects from paper money and public punishment for crimes to Shays’ Rebellion and the promotion of American manufactures.

“Congress shall make no law establishing articles of faith, or a mode of worship, or prohibiting the free exercise of religion,or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition to the government for a redress of grievances.”

After the House of Representatives proposed seventeen amendments (“Articles”), the Senate took up the debate and reduced the number to twelve. Even after the reduction, the House and Senate continued wrangling over language, especially in the third article (which would become the First Amendment) and the eighth article regarding trials (the Sixth Amendment).

The Proceedings of Congress report in this issue is dated September 23, but the Journals of the House and Senate don’t show action that day. This could provide new information on the timing of the debates, but at the least this reflects the House’s agreement on September 21 to ten points proposed earlier by the Senate. They then established a conference to resolve sixteen other points of disagreement.

On September 24, the House dropped its objections to the sixteen points, insisting only on changes in the third and eighth articles which currently stood as printed in this rare newspaper issue. Agreement on these two areas established the final Congressional text of the Bill of Rights. The Senate concurred on September 25, and the House re-affirmed its approval on September 28^th when at least one engrossed copy was signed, marking the Bill of Rights’ last  legislative hurdle before being sent to the states for ratification. 

“There shall be no future importation of Slaves into this State, from Africa or any foreign place, after the first day of October next. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of each of their respective owners, previous to such emancipation.”

This 1798 Georgia Constitution, the state’s third, better defined legislative power, established popular elections for the governor and authorized a state supreme court. Unlike its predecessors that made no mention of slavery, this Constitution prohibited the further foreign importation of slaves into Georgia. However, it also forbade the legislature from emancipating slaves without the consent of their owners or restricting the immigration of slaves from other states with their owners. Practically, it also did not prevent the extensive internal slave trade from other slave-holding states.

Early reprint of Childs and Swaine’s first official printing, which was issued in New York in 1789. This issue appeared in Philadelphia after the nation’s capital was moved there, and the printers had set up shop. All early printings are scarce, especially those of the first three sessions.

An important document in American constitutional and religious history.

“Excellent as may appear the government of Connecticut to those, who have administered it… yet to us… it has been and is an unequal government, constantly tending to the increase of aristocracies and to the consequent humiliation of men and principles, friendly to our revolution. The government is indeed good for those, who have enjoyed all power and privileges under it…”

Three months earlier, Abraham Bishop gave an oration celebrating the re-election of President Jefferson. In it, he argued that the Declaration of Independence made the 1662 Royal Charter void, and that Connecticut’s General Assembly had “usurped the rights of the people” by preventing the passage of a State Constitution. “Thus all the abuses inflicted on us when subjects of a crown, were fastened on us anew... We still suffer from the old restrictions on the right to vote; we are still ruled by the whims of seven men…. Not only do they make laws, but they plead before justices of their own appointment, and … interpret the laws of their own making…. Is this an instrument of government for freemen?... We demand a constitution…”

On August 29, 1804, responding to Bishop’s call for a gathering in New-Haven to discuss replacing King Charles II’s Charter, delegates from 97 towns met, and adopted and ordered the printing of this Address. The Federalist-Congregationalist governing party reacted by warning that everyone should fear these radical Jeffersonian Democratic Republican underminers of all religion. “All the friends of stable government [should] support the Standing Order,”they said, as the five state justices who attended the meeting, including its chairman, were fired.  

The harsh reaction of Church and State government actually proved the point of the Address. But it still took the War of 1812, the trial of journalists and other political enemies by partisan judges, culture wars as the officially established Congregational church become more fundamentalist (ie, a “Society for the Suppression of Vice and the Promotion of Good Morals,” ultimately causing many members to fly from the church of eternal damnation to less Calvinist denominations), the foundation of a Toleration Party that voted with Republicans, the collapse of the national Federalist Party, and the “Revolution of 1817” before succeeding. Fourteen years after this Address, a new Constitution that dis-established the Congregational Church and created separate executive, legislative and judicial branches in the “Constitution State.”

We are not aware of any other example in private hands, and only six institutions list runs that should include this issue. 

Official and attested copy of Virginia’s Ratification of the U.S. Constitution, together with a proposed Declaration of Rights and twenty other proposed amendments to the Constitution, signed by Virginia Ratification Convention President Edmund Pendleton and Secretary John J. Beckley. It is one of only three known surviving sets that the Convention ordered to be engrossed and sent to the other state executives or legislatures. The Convention also ordered that a set be sent to the Confederation Congress.

“Mr. [Egbert] Benson [of New York] moved that the words ‘but no person religiously scrupulous shall be compelled to bear arms,’ be struck out. He wished that this humane provision should be left to the wisdom and benevolence of government. It was improper to make it a fundamental in the constitution.”

This issue of the Pennsylvania Packet includes key debates in the House of Representatives on the developing set of amendments that were later ratified as the Bill of Rights. It also prints the Act establishing the War Department.

This newspaper is replete with Constitution-related content, including minutes from the debates of Massachusetts’ State Ratifying Convention – everything from discourse on standing armies to Fisher Ames’ hearkening back to 1775 with, “WE MUST UNITE OR DIE”; a poem to Washington on his birthday; a fictional dialogue, The Federal Anti-Federalist, Returned to His Neighbours; a rare example of one of Benjamin Russell’s famed ‘Pillars’ illustration series; and a great deal of reporting on the popular reception of the news of ratification, expressed in particular by an enormous parade and surrounding celebrations.

Official printing of the fourteen Acts passed by the Connecticut Assembly in January 1789, includes “An Act for regulating the Election of Senators and Representatives, for this State, in the Congress of the United States.”

The Maryland ratifying convention suggests some amendments along with their approval of the Constitution.

“The year 1776 is celebrated, says a correspondent, for a revolution in favour of liberty. The year 1787, it is expected will be celebrated with equal joy, for a revolution in favour of government. The impatience with which all classes of people wait to receive the new federal constitution, can only be equalled by their zealous determination to support it.” Sept. 8, 1787.

This fascinating extensive run of the Pennsylvania Herald gives a sense of the anticipation over the results of the closed-door U.S. Constitutional Convention, which deliberated from May through September in Philadelphia. It follows with in-depth coverage of the debates in the Pennsylvania Ratification Convention in November and December, also in Philadelphia.

On June 8, 1789, Congressman James Madison introduced his summary of proposed amendments to the Constitution. On July 21, John Vining of Delaware was appointed to chair a Committee of 11, with one member representing each state, as Rhode Island and North Carolina had yet to ratify the Constitution, to consider the subject.  This is the Report of Mr. Vining and the Committee “to whom it was referred to take the subject of Amendments to the Constitution of the United States, generally into their consideration...,” in essence the first Congressional draft of the Bill of Rights. The twenty words this report proposed to be added before the introductory phrase “We the people,” were not accepted by Congress. Revisions were made by both the House and the Senate, but within two months, this draft was edited down to twelve proposed amendments that Congress submitted to the states for ratification.

“the supreme court of the United States shall consist of a chief justice and five associate justices...and shall hold annually at the seat of the federal government two sessions....”

The U.S. Constitution provided that the “judicial power of the United States, shall be vested in one supreme Court, and such inferior Courts,” leaving to Congress to establish the details. The Judiciary Act erected a three-tiered federal court system—the Supreme Court, the Courts of Appeals, and the District Courts—essentially the system in place today. The foremost issue was the relative power and authority to be respectively accorded the federal and state courts. The Judiciary Act’s most controversial provision empowered the Supreme Court to hear, at its discretion, appeals of verdicts reached in the state courts whenever those decisions were deemed to raise questions of constitutionality of state or federal laws. 

This issue of The Massachusetts Gazette contains an important precursor to the Bill of Rights, from the New York Constitutional Convention held at Poughkeepsie.