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“the powers of government may be reassumed by the people, whensoever it shall become necessary to their happiness”

Rhode Island was the only state that did not send delegates to the Constitutional Convention in 1787, and still held out after the new federal government started to operate. With in the other states becoming more frustrated, Congress threatened a ban on trade, and Providence, Newport, and Bristol threatened to secede from the state in order to join the nation.

This broadside, printed in March of 1790, records the eighteen articles of a proposed Bill of Rights and eighteen proposed amendments to the U.S. Constitution. After ten prior attempts at ratification met with overwhelming opposition, every town in the state met again on April 21 to discuss the proposals and instruct their delegates to a state convention. On May 29, 1790, the state’s eleventh convention finally ratified the U.S. Constitution by a vote of 34 to 32, becoming the last of the original 13 states to join the federal government. Two months later, it beat four other states to ratifying the Bill of Rights.

[RHODE ISLAND]. Broadside. The Bill of Rights, and Amendments to the Constitution of the United States, as Agreed to by the Convention of the State of Rhode-Island and Providence-Plantations, at South-Kingstown, in the County of Washington, on the First Monday of March, A.D. 1790. [Providence, RI]: [March 1790]. Signed in print by Convention Secretary Daniel Updike; this copy was sent to the Town Clerk of Portsmouth, Rhode Island. 1 p., 13¾ x 17½ in.

Inventory #27324.99       Price: $220,000

Historical Background
James Madison had argued at the Constitutional Convention and in The Federalist no. 46 that a bill of rights was unnecessary, as state governments were sufficient guarantors of personal liberty. Despite the opposition of Patrick Henry and many others, Virginia’s convention ratified the Constitution on June 25, 1788, contingent on a bill of rights being added. Patrick Henry and other Anti-Federalists who controlled the Virginia House of Delegates created a hostile electoral district for Madison, recruiting James Monroe to run against him. Madison changed his position, pledging if elected to introduce a bill of rights early in the First Federal Congress. Madison did so in the House in May, and over the next several months marshalled it through the House and conferences with the Senate by the end of the first session of the first Federal Congress in 1789. Ten of the twelve were ratified, becoming the Bill of Rights.

The U.S. Congress had set January 15, 1790 as the date when economic sanctions would begin if Rhode Island had not called a ratifying convention. On January 11, the state’s lower house voted 34 to 29 to pass a convention bill, but the upper house rejected it the next day. In an extraordinary session on Sunday, January 17, the House of Deputies passed a convention bill again. With one of the opposing members in the House of Magistrates absent, a 4 to 4 tie allowed Governor John Collins to cast the deciding vote in favor of a convention.

On March 1, seventy delegates convened for the convention in South Kingstown, Rhode Island. A committee drafted and reported this “Bill of Rights and Amendments to the Constitution of the United States.”

Eleven of the eighteen statements of rights printed here were taken verbatim from, and six more drew heavily on, the twenty statements proposed by the Virginia Ratifying Convention on June 27, 1788. Only the third of Rhode Island’s statements of rights varies substantially from Virginia’s. Three of the eighteen proposed amendments printed here are also taken verbatim from or closely follow amendments proposed by the Virginia Convention.

One of Rhode Island’s amendments was certainly a non-starter in Virginia: the seventeenth on this broadside, called on Congress to “prevent the importation of slaves of every description into the United States” as soon as possible.

Leaders of Rhode Island’s anti-federalist Country party forced more delay. On March 6, the Convention voted 41 to 28 to adjourn without voting on the Constitution, to reconvene eleven weeks later.[1] In the meanwhile, the proposed bill of rights and amendments would be sent to the towns for the freemen to consider on election day, April 21. The Country party dropped Governor Collins from their ticket, and the election resulted in their maintaining control of both houses, with staunch Constitution opponent Arthur Fenner elected as governor.

The freemen of the Town of Portsmouth, the recipient of this broadside, met on April 26, 1790, passing instructions that their delegates “use all their Influence and abilities to have the New Constitution as proposed by Congress agreed to and Ratified by this State.”[2]

On May 18, 1790, the U.S. Senate barred all American ships from entering Rhode Island and all Rhode Island ships from entering other states. Commerce by land was likewise restricted under penalty of forfeiture of goods, a fine of $500, and imprisonment not exceeding six months. In addition, the Senate demanded that Rhode Island pay $25,000 to the United States by December 1 for its share of the expenses under the Articles of Confederation.

The ratification convention reconvened in Newport on May 24 with little action for several days. After a motion to adjourn was defeated, the Convention at last voted on ratifying the Constitution and Bill of Rights amendments proposed by Congress. The Constitution was finally ratified by a vote of 34 to 32. In the face of the punishing federal actions, five Antifederalists voting to ratify and four did not vote.

The Convention also passed the proposed rights and articles printed here, though with some changes. The amendments approved by the Convention did not include the eighteenth printed here, but included the following additional amendments:

“18. That the State Legislatures have power to recall, when they think it expedient, their federal Senators, and to send others in their stead.

“19. That Congress have the power to establish an uniform rule of inhabitancy, or settlement of the poor, of the different States throughout the United States.

“20. That Congress erect no company with exclusive advantages of commerce.

“21. That whenever two members shall move that the yeas and nays, on any question, be taken, the same shall be entered on the journals of the respective Houses.”[3]

Convention President Daniel Owen immediately sent word that Rhode Island had ratified the Constitution to President George Washington, though he withheld sending the formal ratification instrument until June 15 in an attempt to have antifederalists appointed as federal revenue officers. Three weeks later, Washington responded with congratulations on the event “which unites under one general Government all the branches of the great American family.”[4]

Curiously, this document records that the Convention adopted “the amendments proposed by Congress, in March, A.D. 1789,” except for the second article. This refers to the twelve amendments approved by Congress in September and sent to the states for ratification in October 1789. Although Rhode Island was the last to ratify the Constitution, it beat four other states by ratifying the ten amendments that became the Bill of Rights on June 7, 1790.

Complete Transcript
The BILL of RIGHTS, and AMENDMENTS to the Constitution of the United States, as agreed to by the CONVENTION of the State of Rhode-Island and Providence-Plantations, at South-Kingstown, in the County of Washington, on the first Monday of March, A.D. 1790.

DECLARATION of RIGHTS
1. That there are certain natural rights, of which men, when they form a social compact, cannot deprive or divest their posterity—among which are the enjoyment of life and liberty, with the means of acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.[5]

2. That all power is naturally vested in, and consequently derived from the people: That magistrates therefore are their trustees and agents, and at all times amenable to them.[6]

3. That the powers of government may be reassumed by the people, whensoever it shall become necessary to their happiness: That the rights of the States respectively to nominate and appoint all State officers, and every power, jurisdiction and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or to the departments of government thereof, remain to the people of the several states, or their respective State Governments to whom they may have granted the same; and that those clauses in the said Constitution which declare that Congress shall not have or exercise certain powers, do not imply, that Congress is entitled to any powers not given by the said Constitution; but such clauses are to be construed either as exceptions to certain specified powers, or as inserted merely for greater caution.[7]

4. That religion, or the duty which we owe to our Creator and the manner of discharging it can be directed only by reason and conviction, and not by force or violence—and therefore all men have an equal, natural and unalienable right to the free exercise of religion, according to the dictates of conscience; and that no particular religious sect, or society, ought to be favored or established by law, in preference to others.[8]

5. That the legislative, executive and judiciary powers of government should be separate and distinct; and that the members of the two first may be restrained from oppression, by feeling and participating the public burthens, they should at fixed periods be reduced to a private station, return into the mass of the people, and the vacancies be supplied by certain and regular elections in which all or any part of the former members to be eligible or ineligible as the rules of the Constitution of government and the laws shall direct.[9]

6. That elections of Representatives in the Legislature ought to be free and frequent, and all men having sufficient evidence of permanent common interest with and attachment to the community ought to have the right of suffrage; and no aid, charge, tax or fee can be set, rated or levied upon the people, without their own consent, or that of their Representatives, so elected; nor can they be bound by any law, to which they have not, in like manner, assented for the public good.[10]

7. That all power of suspending laws, or the execution of laws, by any authority, without the consent of the Representatives of the people in the Legislature, is injurious to their rights, and ought not to be exercised.[11]

8. That in all capital and criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence and be allowed counsel in his favor, and to a fair and speedy trial by an impartial jury of his vicinage without whose unanimous consent he cannot be found guilty (except in the government of the land and naval forces) nor can he be compelled to give evidence against himself.[12]

9. That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, privileges, or franchises, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property but by the trial by jury, or by the law of the land.[13]

10. That every freeman restrained of his liberty, is entitled to a remedy to enquire into the lawfulness thereof and to remove the same if unlawful, and that such remedy ought not to be denied or delayed.[14]

11. That in controversies respecting property, and in suits between man and man the ancient trial by jury, as hath been exercised by us and our ancestors, from the time whereof the mind of man is not to the contrary, is one of the greatest <c2>securities to the rights of the people and ought to remain sacred and inviolate.[15]

12. That every freeman ought to obtain right and justice freely and without sale—completely and without denial—promptly and without delay—and that all establishments or regulations, contravening these rights, are oppressive and unjust.[16]

13. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.[17]

14. That every person has a right to be secure from all unreasonable searches and seizures of his person, his papers or his property, and therefore that all warrants to search suspected places or seize any person, his papers or his property, without information upon oath or affirmation of sufficient cause are grievous and oppressive, and that all general warrants (or such in which the place or person suspected, are not particularly designated,) are dangerous, and ought not to be granted.[18]

15. That the people have a right peaceably to assemble together to consult for their common good, or to instruct their representatives, and that every person has a right to petition or appeal to the legislature for redress of grievances.[19]

16. That the people have a right to freedom of speech, and of writing and publishing their sentiments, that freedom of the press is one of the greatest bulwarks of liberty and ought not to be violated.[20]

17. That the people have a right to keep and bear arms; that a well regulated militia, including the body of the people, capable of bearing arms, is the proper, natural and safe defense of a free state; that the militia shall not be subject to martial law except in time of war, rebellion or insurrection; that standing armies in time of peace are dangerous to liberty and ought not to be kept up, except in cases of necessity, and that at all times the military should be under strict subordination to the civil power; that in time of peace no soldier ought to be quartered in any house, without the consent of the owner, and in time of war, only by the civil magistrate, in such manner as the law directs.[21]

18. That any person religiously scrupulous of bearing arms, ought to be exempted, upon payment of an equivalent, to employ another to bear arms in his stead.[22]

 

AMENDMENTS to the CONSTITUTION of the UNITED STATES.

1. The United States shall guarantee to each State its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this Constitution expressly delegated to the United States.

2. That Congress shall not alter, modify or interfere in the times, places or manner of holding elections for Senators and Representatives, or either of them, except when the legislature of any state shall neglect, refuse or be disabled by invasion or rebellion to prescribe the same; or in case when the provision made by the states, is so imperfect as that no consequent election is had, and then only until the legislature of such state, shall make provision in the premises.[23]

3. It is declared by the Convention, that the judicial power of the United States, in cases in which a state may be a party, does not extend to criminal prosecutions, or to authorize any suit by any person against a State; but to remove all doubts or controversies respecting the same, that it be especially expressed as a part of the Constitution of the United States, that Congress shall not directly or indirectly, either by themselves or through the judiciary, interfere with any one of the states, in the redemption of paper money already emitted and now in circulation, or in liquidating or discharging the public securities of any one state: that each and every state shall have the exclusive right of making such laws and regulations for the before mentioned purpose, as they shall think proper.

4. That no amendments to the Constitution of the United States hereafter to be made, pursuant to the fifth article, shall take effect, or become a part of the Constitution of the United States after the year 1793, without the consent of eleven of the States heretofore united under one Confederation.[24]<c3>

5. That the judicial powers of the United States shall extend to no possible case, where the cause of action shall have originated before the ratification of this Constitution, except in disputes between states about their territory, disputes between persons claiming lands under grants of different states, and debts due to the United States.

6. That no person shall be compelled to do military duty, otherwise than by voluntary enlistment, except in cases of general invasion; any thing in the second paragraph of the sixth article of the Constitution, or any law made under the Constitution to the contrary notwithstanding.

7. That no capitation or poll-tax shall ever be laid by Congress.

8. In cases of direct taxes, Congress shall first make requisitions on the several states to assess, levy and pay their respective proportions of such requisitions, in such way and manner, as the legislatures of the several states shall judge best; and in case any state shall neglect or refuse to pay its proportion pursuant to such requisition, then Congress may assess and levy such state’s proportion, together with interest at the rate of six per cent. per annum, from the time prescribed in such requisition.

9. That Congress shall lay no direct taxes, without the consent of the legislatures of three-fourths of the states in the Union.

10. That the journals of the proceedings of the Senate and House of Representatives shall be published as soon as conveniently may be, at least once in every year, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy.[25]

11. That regular statements of the receipts and expenditures of all public monies, shall be published at least once a year.[26]

12. As standing armies in time of peace are dangerous to liberty and ought not to be kept up, except in cases of necessity; and as at all times the military should be under strict subordination to the civil power—that therefore no standing army, or regular troops, shall be raised or kept up in time of peace.[27]

13. That no monies be borrowed on the credit of the United States without the assent of two-thirds of the Senators and Representatives present in each house.

14. That the Congress shall not declare war, without the concurrence of two-thirds of the Senators and Representatives present in each house.

15. That the words “without the consent of Congress” in the seventh clause in the ninth section of the first article of the Constitution be expunged.

16. That no Judge of the Supreme Court of the United States shall hold any other office under the United States, or any of them; nor shall any officer appointed by Congress, or by the President and Senate of the United States, be permitted to hold any office under the appointment of any of the states.

17. As a traffic tending to establish or continue the slavery of any part of the human species, is disgraceful to the cause of liberty and humanity, that Congress shall, as soon as may be, promote and establish such laws and regulations, as may effectually prevent the importation of slaves of every description into the United States.[28]

18. And that the amendments proposed by Congress, in March, A.D. 1789, be adopted by this convention, except the second article therein contained.

In CONVENTION, March 6, 1790.

VOTED, That the Bill of Rights and Amendments proposed to the Federal Constitution, be referred to the Freemen of the several towns, at their meetings on the Third Wednesday of April next, for their consideration. That one copy thereof be sent to each Town Clerk in this State, one to each Member of the Convention, and one to each Member of the Upper and Lower Houses of Assembly; and that they be sent to the Sheriffs of the several Counties, to be distributed.

The foregoing is a true Copy.

By Order of the Convention,

DANIEL UPDIKE, Secretary.