On September 12, five days before the Convention adjourned, George Mason and Elbridge Gerry raised the question of adding a bill of rights to the Constitution. Mason said: It would give great quiet to the people; and with the aid of the State declarations, a bill might be prepared in a few hours.
But the motion of Gerry and Mason to appoint a committee for the purpose of drafting a bill of rights was rejected.1 Again, on September 14, Charles Pinckney and Gerry sought to add a provision that the liberty of the Press should be inviolably observed—.
But after Roger Sherman observed that such a declaration was unnecessary, because [t]he power of Congress does not extend to the Press,
this suggestion too was rejected.2 It cannot be known accurately why the Convention opposed these suggestions. Perhaps the lateness of the Convention, perhaps the desire not to present more opportunity for controversy when the document was forwarded to the states, perhaps the belief, asserted by the defenders of the Constitution when the absence of a bill of rights became critical, that no bill was needed because Congress was delegated none of the powers which such a declaration would deny, perhaps all these contributed to the rejection.3
In any event, the opponents of ratification soon made the absence of a bill of rights a major argument,4 and some friends of the document, such as Thomas Jefferson,5 strongly urged amendment to include a declaration of rights.6 Several state conventions ratified while urging that the new Congress to be convened propose such amendments, 124 amendments in all being put forward by these states.7 Although some dispute has occurred with regard to the obligation of the first Congress to propose amendments, James Madison at least had no doubts8 and introduced a series of proposals,9 which he had difficulty claiming the interest of the rest of Congress in considering. At length, the House of Representatives adopted seventeen proposals; the Senate rejected two and reduced the remainder to twelve, which were accepted by the House.10
Consequently, the first ten amendments, which are commonly referred to as the Bill of Rights, along with one that was not ratified and one that was not ratified until 1992, were proposed by Congress on September 25, 1789, when they passed the Senate, having previously passed the House on September 24.11 They appear officially in 1 Stat. 97 (1789). Ratification of the first ten amendments was completed on December 15, 1791, when the eleventh state (Virginia) approved these amendments, there being then fourteen states in the Union.
The several state legislatures ratified the first ten amendments to the Constitution on the following dates: New Jersey, November 20, 1789; Maryland, December 19, 1789; North Carolina, December 22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25, 1790; Delaware, January 28, 1790; New York, February 27, 1790; Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790; Vermont, November 3, 1791; Virginia, December 15, 1791. The two amendments that were not ratified prescribed the ratio of representation to population in the House, and specified that no law varying the compensation of Members of Congress should be effective until after an intervening election of Representatives.12 The first was ratified by ten states (one short of the requisite number) and the second, by six states; subsequently, this second proposal was taken up by the states in the period 1980–1992 and was proclaimed as ratified as of May 7, 1992. Connecticut, Georgia, and Massachusetts ratified the first ten amendments in 1939.