United States Constitution

Philadelphia newspaper, printed by John Dunlap, publishing the initial report of the committee considering Madison's proposed amendments to the U.S. Constitution which became the Bill of Rights, including the right of conscientious objectors not to bear arms which was expunged from the amendment before it was sent to the states for ratification.

Newspaper: "The Pennsylvania Packet, and Daily Advertiser," four pages on 2 leaves, 11" x 18.25". Philadelphia, Pennsylvania, Friday, July 31, 1789. Printed and Sold by John Dunlap and David C. Claypoole. This newspaper was printed on rag content, laid paper. The two sheets are chipped at the edges and separated so it is possible to display together the first page, revealing the title and issue date, and the third page publishing the text of the proposed Bill of Rights. Good condition.

On the evening of July 4, 1776, John Hancock ordered Dunlap to print broadside copies of the agreed-upon declaration that was signed by him as President and Charles Thomson as Secretary. Dunlap is thought to have printed 200 broadsides that evening which were distributed to the members of Congress. There are 24 known surviving copies; the last one to be offered at public auction in 2000 sold for $8.14 million.

On June 8, 1789, Virginia Congressman James Madison introduced his proposed amendments to the Constitution. On July 21, 1789, Congressman John Vining of Delaware was appointed to chair a select committee of 11 to review, and make a report on, the subject of amendments to the Constitution. Each committeeman represented one of the 11 states (Rhode Island and North Carolina had not ratified the Constitution at that time), with James Madison representing Virginia. Seven days later, Vining issued the committee's report. The report included 20 words to be added before the introductory phrase "We the people" which was not approved by Congress. On August 24, 1789, the House of Representatives passed 17 proposed amendments which were reduced to 12 before it was passed by the Senate and House and sent to the states on September 25, 1789 for ratification. On December 15, 1791, ten of these proposals became the First through Tenth Amendments to the U.S. Constitution when they were ratified by the Virginia legislature.

Vining's report, in full, as published on the third page of this newspaper, with eventual action taken by Congress and/or the states in brackets:

"In the introductory paragraph before the words, 'We the people' add, 'Government being intended for the benefit of the people, and the rightful establishment thereof being derived from their authority alone.'" [Not proposed by Congress]

"Art. 1, Sec. 2, Par. 3 — Strike out all between the words, 'direct' and 'and until such,' and instead thereof insert, 'After the first enumeration there shall be one representative for every thirty thousand until the number shall amount to one hundred; after which the proportion shall be so regulated by Congress that the number of Representatives shall never be less than one Philadelphia newspaper, printed by John Dunlap, publishing the initial report of the committee considering Madison's proposed amendments to the U.S. Constitution which became the Bill of Rights, including the right of conscientious objectors not to bear arms which was expunged from the amendment before it was sent to the states for ratification. Hundred, nor more than one hundred and seventy-five, but each State shall always have at least one Representative." [Proposed. Rejected]

"Art. 1, Sec. 6 — Between the words 'United States,' and 'shall in all cases,' strike out 'they,' and insert, 'But no law varying the compensation shall take effect until an election of Representatives shall have intervened. The members.'"[Proposed. Rejected. Eventually ratified by the required number of states in 1992 as the 27th Amendment: "No law varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened."]

"Art. 1, Sec. 9 — Between Par. 2 and 3 insert, 'No religion shall be established by law, nor shall the equal rights of conscience be infringed.'" "The freedom of speech, and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances, shall not be infringed." [Ratified as 1st Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."]

"A well regulated militia, composed of the body of the people, being the best security of a free State, the right of the people to keep and bear arms shall not be infringed, but no person religiously scrupulous shall be compelled to bear arms." [Ratified as 2nd Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed."]

"No soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law." [Ratified as 3rd Amendment: "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."]

"No person shall be subject, except in case of impeachment, to more than one trial or one punishment for the same offense, nor shall be compelled to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation." [Combined with proposed 10th Article – see below – Ratified as 5th Amendment: "No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."]

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." [Ratified as 8th Amendment: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."]

"The right of the people to be secure in their person, houses, papers and effects, shall not be violated by warrants issuing, without probable cause supported by oath or affirmation, and not particularly describing the places to be searched, and the persons or things to be seized." [Ratified as 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."]

"The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people." [Ratified as 9th Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."]

Art. 1, Sec. 10, between the 1st and 2d Par. inset, "No State shall infringe the equal rights of conscience, nor the freedom of speech, or of the press, nor of the right of trial by jury in criminal cases." [Proposed by the House on August 24, 1789 as the 14th Article. Not passed by Congress on September 25, 1789; not sent to the states for ratification.]

Art. 3, Sec. 2, add to the 2d Par. "But no appeal to such court shall be allowed, where the value in controversy shall not amount to one thousand dollars; nor shall any fact, triable by a Jury according to the course of the common law, be otherwise re-examinable than according to the rules of common law." [Proposed by the House as the 11th Article. Not passed by Congress; not sent to the states for ratification.]

Art. 3, Sec. 2 — Strike out the whole of the 3rd paragraph, and insert — "In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense." [Ratified as 6th Amendment: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."] "The trial of all crimes (except in cases of impeachment, and in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger) shall be by an impartial jury of freeholders of the vicinage, with the requisite of unanimity for conviction, the right of challenge and other accustomed requisites; and no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment by a Grand Jury; but if a crime be committed in a place in the possession of an enemy, or in which an insurrection may prevail, the indictment and trial may by law be authorized in some other place within the same State; and if it be committed in a place not within a State, the indictment and trial may be at such place or places as the law may have directed." [Proposed by the House as the 10th Article. Portions passed by Congress and included in the 5th Amendment – see above.]

"In suits at common law the right of trial by jury shall be preserved." [Ratified as 7th Amendment: "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."] "Immediately after Art. 6, the following to be inserted as Art. 7." "The powers delegated by this Constitution to the government of the United States, shall be exercised as therein appropriated, so that the Legislative shall never exercise the powers vested in the Executive or the Judicial; nor the Executive the powers vested in the Legislative or Judicial; nor the Judicial the powers vested in the Legislative or Executive." [Proposed by the House as the 16th Article. Not passed by Congress; not sent to the states for ratification.]

"The powers not delegated by this Constitution, nor prohibited by it to the States, are reserved to the States respectively." [Ratified as 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."]

Art. 7 to be made Art. 8. It is interesting to note that when Congress sent the Bill of Rights to the states for ratification, among the amendments proposed by James Madison, two relating to conscience were omitted. Originally concluding "the right of the people to keep and bear arms shall not be infringed, but no person religiously scrupulous shall be compelled to bear arms," the 2nd Amendment concludes "the right of the people to keep and bear arms shall not be infringed." Also proposed by Madison and included in the Committee's July 28th report was "No religion shall be established by law, nor shall the equal rights of conscience be infringed."

The 1st Amendment begins: "Congress shall make no law respecting an establishment of religion." In both instances, the infringement upon the rights of the "religiously scrupulous" (conscientious objectors) and the "equal rights of conscience," although proposed by Madison and the Committee, were not included in the Bill of Rights. John Dunlap and David C. Claypoole were the publishers of "The Pennsylvania Packet, and Daily Advertiser."


This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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