In September 1789, the first federal Congress proposed twelve amendments to the Constitution. Article V of the Constitution requires the approval of three-fourths of the states to adopt an amendment. Within a year of Congress’ submission, eleven of the thirteen state legislatures had ratified at least nine of Congress’ proposed amendments—seemingly enough to satisfy the three-fourths requirement. However, two of the ratifying states—Massachusetts and Connecticut—did not complete their ratification process. Only one state, Georgia, outright rejected the amendments, viewing them as premature.
Massachusetts
On 19 January 1790, Governor John Hancock addressed the Massachusetts legislature recommending the adoption of Congress’ proposed amendments, which appeared to him as “very important to that personal security which is so truly characteristick of a free government.” Ten days later, the Massachusetts Senate adopted ten of Congress’ twelve amendments (the third through the twelfth) and called for the appointment of a joint committee “to consider what further amendments are necessary to be added to the Federal Constitution.”
On 2 February, the lower house adopted nine of the congressional amendments (the third through the eleventh) and appointed members to join those of the Senate on the joint committee to consider further amendments. The committee reported on 24 February, that “further Amendments in that Constitution are necessary to secure the Liberties of the People, and the blessings of a free and efficient system of Government; and that such Amendments ought now to be attended to, and made so particular, as will have a tendency to preserve the forms of a Federal Republic, and to prevent a consolidation of the States.”
While acknowledging “the weakness and embarrassments of the Confederation” the committee warned that “a Federal Head, possessing almost entire Sovereignty, and no ways checked by the local Governments, may be equally dangerous and destructive of the system, of which it is intended as a part.” They recommended twelve additional amendments; some limited the powers of Congress while others guaranteed certain powers to the states. The Senate ordered the printing of 190 copies of the report for its use (Evans 22655), and by early April the report was printed in twenty newspapers throughout the country.
Because the legislative session was almost over, consideration of the report was referred to the next session. Abigail Adams condemned the legislature’s attempt “to destroy all order, & overthrow the constitution.” She feared that the additional amendments, “which Strike a deadly blow at the vitals” of the Constitution would need to “be successfully combatted” (to Cotton Tufts, New York, 7 March 1790, Adams Family Correspondence, IX, 23).
On 8 August 1791, U.S. Secretary of State Thomas Jefferson wrote to Christopher Gore, the U.S. Attorney for Massachusetts, requesting an exemplification of the Massachusetts act ratifying the amendments. Once he received such an official act, Jefferson said that he would publicly announce the adoption. Ten days later, Gore informed Jefferson that the Massachusetts Senate had agreed with the Assembly in approving nine of Congress’ twelve amendments. A committee was appointed to draft a bill but, according to Gore, “It does not appear that a Committee ever reported any bill.”
It seems that the legislative’s rules of procedure, when the legislature prorogued itself, it “put an end to all matters and things there pending.” As a result, the pertinent papers were transmitted to “the Massachusetts archives instead of being returned to the Governor as a piece of continuing business.” Consequently, there was no official act approving the nine amendments that had been accepted by both houses of the legislature.
Connecticut
On 27 October 1789, the Connecticut House of Representatives approved a bill ratifying all but the second of Congress’ proposed amendments, which concerned compensation for members of Congress. However, Governor Samuel Huntington and the Council, who supported all twelve amendments, rejected the House bill. Both houses appointed members to a conference committee, but neither house changed its original position. The Council voted that further consideration of the amendments be referred to the legislature during its May 1790 session.
On 18 May 1790, the House approved another bill that rejected Congress’ first two amendments while ratifying the last ten. Three days later, on 21 May, the Council rejected the House bill, still preferring a bill that adopted all twelve of the amendments. The House rejected the Council’s bill. Again, both houses appointed members to a conference committee. On 24 May, the Council rejected the conference committee’s report sticking to its original position ratifying all of the amendments. On 25 May, the House considered the conference committee report but refused to alter its previous decision.
At the next legislative session, on 16 October 1790, the House approved a bill rejecting all of the amendments. The Council then voted to postpone the amendments to the legislature’s May 1791 session. Although the House agreed to the postponement, no further legislative action of the amendments is recorded.
Delayed Ratification, 1939
As the 1939 sesquicentennial of Congress’ proposed amendments approached—and as fascism threatened the entire world—Americans felt a renewed gratitude for their Bill of Rights. The three states that did not ratify the amendments in 1789–90 decided to officially adopt the Bill of Rights—Massachusetts adopted on 2 March 1939; Georgia on 18 March, and Connecticut on 13 April. Massachusetts Governor Leverett Saltonstall expressed the spirit of the moment, writing that such an act “will contribute effectively to a better public realization of the protection which we enjoy under the Bill of Rights” (to U.S. Secretary of State Cordell Hall, Boston, 3 March 1939).