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//
// Library of Congress
// Creating the US Silverlight
// "Creating the Bill of Rights" Data
//
// Author: Lenny Burdette lburdette@schematic.com
// Version: 1.0
// Date: Mon Apr 21 14:45:05 -0700 2008
//
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though there was universal agreement in Congress that people have certain natural rights, there was fierce debate over the need for specific rights to be clearly articulated and whether to incorporate those rights into the body of the Constitution or attach them as appendages. In September 1789, under the direction of John James Beckley, clerk of the United States House of Representatives and the first Librarian of Congress, twelve possible amendments to the Constitution were sent to the states for their ratification. By December 15, 1791, ten of these amendments were ratified by ten states and have since been known as the "Bill of Rights." The copy of the twelve amendments attributed to Beckley is the core document for this exploration of the antecedents of some of the "rights" of Americans. Americans drew on the heritage of English common law and declarations of rights in England and America to create these amendments to the federal constitution. The antecedents displayed here are not meant to be a definitive or complete list, but only important illustrative examples that were known to drafters of the amendments.',freedom_of_religion_overview:'Although the wording varied widely in the key documents proposing freedom of religion, the drafters of the Bill of Rights intended to grant liberty of conscience to the adherents of all religions present in the United States in 1789, and to those which in the future might be practiced by residents of the country. However, some states continued to limit access to public office to Christians or Protestants and provided public funding for some Protestant sects.',freedom_of_speech_overview:'Definitions of freedom of speech and of the press differed widely in the eighteenth century. Clearly, congressmen, including Roger Sherman and James Madison, recognized limits based on libel and sedition. But the core intent that people had a right to speak freely in public and private about intellectual and governmental issues without fear of governmental interference was equally strong. It remained for the courts and the legislatures to divine and define the outer edges.',right_to_bear_arms_overview:'Although loosely defined, the rights to bear arms and maintain a well-regulated militia were closely tied together in the minds of the authors of these documents. No doubt the authors had in mind their experiences with pre-Revolution British attempts to restrict American militias, such as the Massachusetts minutemen. They knew that a proclaimed right to rebellion was mere puffery without arms and an organized local militia. An armed citizenry was seen as a bulwark against tyranny. Moreover, Americans undoubtedly were familiar with British efforts to restrict gun ownership in England, Scotland, and particularly Ireland.',due_process_overview:'The right to "due process" (following all the correct legal procedures to ensure fairness) has been one of the most expansive rights over the centuries. Due process has been applied to deprivation of life, liberty, and property in ever-changing and expanding ways as society and individuals have altered their own definitions of these terms and the role of government in providing and/or protecting these rights.',trial_by_jury_overview:'The right to a speedy trial by a jury of one’s peers is fundamental to the American judicial system. The federal government as well as state governments have refined and redefined the meaning of these terms over the centuries. Although these definitions have evolved, the core right to a trial by a jury of one’s peers has remained inviolate if not always unviolated.',bill_of_rights_citation:'Proposed Amendments to the Federal Constitution (Bill of Rights), September 1789. Manuscript engrossed and signed by John James Beckley. Manuscript Division, Library of Congress',committee_of_congress_citation:'Roger Sherman. Draft Report of a Special Committee of Congress, ca. July 21, 1789. Manuscript. James Madison Papers, Manuscript Division, Library of Congress',committee_on_amendments_citation:'Report of the House of Representatives Committee on the Subject of Amendments to the Constitution. Extract from the Journal [of the House of Representatives]. New York: Thomas Greenleaf, 1789. Rare Book and Special Collections Division, Library of Congress',madison_speech_citation:'James Madison. Speech in the House of Representatives, June 8, 1789. New York Daily Advertiser, June 12, 1789. Serial and Government Publications Division, Library of Congress',virginia_declaration_citation:'George Mason with amendments by Thomas Ludwell Lee. Virginia Declaration of Rights, May 1776. Manuscript. George Mason Papers, Manuscript Division, Library of Congress',english_declaration_citation:'Declaration of Rights in Anno Regni Gulielmi & Mariae, Regis & Reginae Angliae, Scotiae, Franciae, & Hiberniae, Primo. London: Charles Bill and Thomas Newcomb, 1689. Law Library, Library of Congress',bill_of_rights_description:'From hundreds of proposed amendments to the Constitution, Congress gave final approval to twelve amendments. The ten that were sanctioned became known as the "Bill of Rights." Copies prepared under the direction of John Beckley (1757−1807), clerk of the House, were sent to President George Washington for dispersal to the states for ratification. Proposed amendments three through twelve were approved and went into effect on December 15, 1791, when Virginia became the eleventh state to ratify them. Massachusetts, Connecticut, and Georgia did not vote to ratify. Although proposed amendment two was rejected in the 1790s, it later became the Twenty-Seventh Amendment to the Constitution.',committee_of_congress_description:'A committee of the House of Representatives appointed by James Madison originally envisioned that amendments concerning individual rights would be incorporated into the body of the Constitution, not appended as a supplement. This July 28, 1789, committee report presented by John Vining (1758–1802) of Delaware clearly shows the incorporation plan with the rights scattered throughout the Constitution.',committee_on_amendments_description:'Most supporters of amending the Constitution envisioned inserting amendments into the body of the text. Congressman Roger Sherman of Connecticut argued that any amendments should be appended to the Constitution. In August 1789, the House of Representatives adopted Sherman’s argument that inserting them into the text would be confusing and voted to add the amendments as a supplement. This list of proposed amendments in Sherman’s writing is probably a draft of a report by a committee on which he served. Differing markedly from the amendments finally proposed and sent to the states, it provides valuable insights into the creation of the Bill of Rights.',madison_speech_description:'Although James Madison had opposed any early amendments to the federal Constitution, he hoped to derail the growing demand for major constitutional changes by offering amendments concerning individual rights (Bill of Rights) as a diversion. In his June 8, 1789, speech Madison proposed incorporating the changes into the body of the Constitution, rather than having them be a supplement or addendum.',virginia_declaration_description:'The Virginia Convention’s adoption on June 12, 1776, of a Declaration of Rights drafted by George Mason (1725−1792) and amended by Thomas Ludwell Lee (1730−1778) set the tone for revolution. Thomas Jefferson borrowed many ideas and phrases from the Virginia document for the Declaration of Independence. The Virginia Declaration of Rights has also been heralded as a model for the first ten amendments to the United States Constitution, which are known as the "Bill of Rights."',english_declaration_description:'Fearing abuses of rights and the restoration of the Roman Catholic Church under the Catholic King James II (reigned 1685−1688), the English parliament deposed James. They invited his Protestant daughter and son-in-law to assume the throne, but imposed the 1689 Declaration of Rights on King William III (reigned 1689−1702) and Queen Mary II (reigned 1689−1694) as a precondition to being crowned. However, Parliament was more concerned with protecting its own rights and privileges than those of individuals.',theme1_hotspot1:'Article the third . . . . Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;',theme1_hotspot2:'2. The people have certain natural rights which are retained by them when they enter into Society. Such are the rights of conscience in matters of religion; of acquiring property, and of pursuing happiness & safety; . . . of these rights therefore they shall not be deprived by the government of the United States.',theme1_hotspot3:'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."',theme1_hotspot31:'ART. 1, SEC. 10 between the 1st and 2d PAR. insert, "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."',theme1_hotspot4:'Fourthly. That in article 1st, section 9, between clauses 3 and 4, be inserted these clauses, to wit: "The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner or on any pretext infringed."',theme1_hotspot41:'Fifthly. That in article 1st, section 10, between clauses 1 and 2, be inserted this clause, to wit: "No state shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases."',theme1_hotspot5:'That as Religion, or the Duty which we owe to our divine and omnipotent Creator, and the Manner of discharging it, can be governed only by Reason and Conviction, not by Force or Violence; and therefore that all Men shou’d enjoy the fullest Toleration in the Exercise of Religion, according to the Dictates of Conscience, unpunished and unrestrained by the Magistrate, unless, under Colour of Religion, any Man disturb the Peace, the Happiness, or Safety of Society, or of Individuals. And that it is the mutual Duty of all, to practice Christian Forbearance, Love, and Charity towards Each other.',theme2_hotspot1:'Article the third . . . 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;',theme2_hotspot2:'That the Freedom of Speech, and Debates or Proceedings in Parliament, ought not to be impeached or questioned in any Court or Place out of Parliament.',theme2_hotspot3:'2. The people have certain natural rights which are retained by them when they enter into Society. Such are the rights of conscience in matters of religion; of acquiring property, and of pursuing happiness & safety; of Speaking, writing and publishing their Sentiments with decency and freedom; of peaceably assembling to consult their common good, and of applying to government by petition or remonstrance for redress of grievances. Of these rights therefore they shall not be deprived by the government of the United States.',theme2_hotspot4:'ART. 1, SEC. 9 Between PAR. 2 and 3 insert, . . . "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."',theme2_hotspot5:'Fourthly. That in article 1st, section 9 between clauses 3 and 4, to be inserted these clauses, to wit: . . . "The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable."',theme2_hotspot51:'Fifthly. That in article 1st, section 10, between clauses 1 and 2, be inserted this clause, to wit: "No state shall violate the equal rights of conscience, or the freedom of the press; or the trial by jury in criminal cases."',theme2_hotspot6:'That the freedom of the press, being the great bulwark of liberty, can never be restrained but in a despotic government.',theme3_hotspot1:'Article the fourth . . . 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.',theme3_hotspot2:'That the Subjects, which are Protestants may have Arms for their Defence suitable to their Conditions, and as allowed by Law.',theme3_hotspot3:'5. The Militia Shall be under the government of the laws of the respective States, when not in the actual Service of the United States, but Such rules as may be prescribed by Congress for their uniform organisation & discipline Shall be observed in officering and training them. But military Service Shall not be required of persons religiously scrupulous of bearing arms.',theme3_hotspot4:'Art. 1 Sec. 9—Between Par. 2 and 3 insert, . . . "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."',theme3_hotspot5:'Fourthly. That in article 1st, section 9, between clauses 3 and 4, be inserted these clauses, to wit: . . . "The right of the people to keep and bear arms shall not be infringed; a well armed, and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms, shall be compelled to render military service in person."',theme4_hotspot1:'Article the seventh . . . . 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.',theme4_hotspot2:'That all Grants and Promises of Fines and Forfeitures of particular Persons before Conviction, are Illegal and Void.',theme4_hotspot3:'[ART. 1, SEC. 9—Between PAR. 2 and 3 insert]"No person shall be subject, except in case of impeachment, to more than one trial or one punishment for the same offence, 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."',theme4_hotspot4:'Fourthly. That in article 1st, section 9, between clauses 3 and 4, be inserted these clauses, to wit: . . . "No person shall be subject, except in cases of impeachment, to more than one punishment, or one trial for the same offence; nor shall be compelled to be a witness against himself; nor be deprived of life, liberty, or property without due process of law; nor be obliged to relinquish his property, where it may be necessary for public use, without a just compensation."',theme4_hotspot5:'That no part of a Man’s Property can be taken from him, or applied to public uses, without the Consent of himself, or his legal Representatives; nor are the People bound by any Laws, but such as they have in like Manner assented to for their common Good.',theme5_hotspot1:'Article the eighth . . . . In all criminal prosecutions, the accused shall enjoy the right of a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed . . . .Article the ninth . . . . 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 re-examined in any Court of the United States, than according to the rule of the common law.',theme5_hotspot2:'That Jurors ought to be duly Impannelled, and Returned, and Jurors which pass upon Men in Trials for High Treason ought to be Freeholders.',theme5_hotspot3:'9. In Suits at Common law in courts acting under the authority of the United States, issues of fact shall be tried by a Jury if either party request it.',theme5_hotspot4:'ART. 1, SEC. 10, between the 1st and 2d PAR. insert, "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."',theme5_hotspot41:'ART. 3, SEC. 2—Strike out the whole of the 3d paragraph, and insert— . . . "In suits at common law the right of trial by jury shall be preserved."',theme5_hotspot5:'Fourthly. That in article 1st, section 9, between clauses 3 and 4, be inserted these clauses to wit : . . . "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . . ."',theme5_hotspot51:'Seventhly. That in article 3rd , section 2, the third clause be stuck out, and in its place, be inserted the clauses following, to wit: . . . "In suits at common law between man and man, the trial by jury as one of the best securities to the rights of the people, ought to remain inviolate."',theme5_hotspot6:'That in all capital or criminal Prosecutions, a Man hath a right to demand the cause and Nature of his Accusation, to be confronted with the Accusers or Witnesses, to call for Evidence in his favour, and to a speedy Tryal by a Jury of his Vicinage; without whose unanimous Consent he can not be found guilty',theme5_hotspot61:'That in all controversies respecting Property, and in Suits between Man and Man, the ancient Tryal by Jury is preferable to any other, and ought to be held sacred.'}}
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