The Penultimate Draft of the Bill of Rights—Still Finalizing What  Became the First Amendment 

This issue of the Gazette of the United States prints the proposed constitutional amendments approved by the  U.S. Senate on September 9, before a joint committee worked out the final details. Both houses finalized the  twelve proposed amendments by joint resolution two days after the issue appeared. 

“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.” 

On July 21, 1789, the House of Representatives referred  James Madison’s proposed amendments to the Committee of  eleven. They made significant changes, ultimately approving  and forwarding their proposed 17 amendments to the Senate  on August 24. The Senate made 26 changes, approving their version of 12 amendments on September 9. A conference  committee worked to resolve the differences from the 21st to  24th, providing the text printed here. On the 25th, the final  text was agreed on by both Houses. In the final legislative  step, on September 28, the House examined the 12 proposed  amendments, and found that they were “truly enrolled.” On  October 2-3, George Washington sent engrossed copies to  each of the states, launching the ratification process.  

The first two proposed amendments were not approved,  and the ten that were ratified became the Bill of Rights.  

The Gazette of the United States (1789-1793), a semiweekly Federalist newspaper first published in New York City by John Fenno, is considered the most significant political newspaper of the late 18th century. In 1790, it followed the government to its temporary capital in Philadelphia. Early Acts of Congress and presidential pronouncements were often first printed in this newspaper, and it circulated to major cities where other newspapers copied freely from it. 


[BILL OF RIGHTS.] Gazette of the United States, September 23, 1789. New York, NY: John Fenno. 4 pp. (pp. 185–188), 10⅜ x 16¾ in.

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