Should there be a bill of rights before ratification?

OCR: 4 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

Reporter's notes: some cited speeches survive only as a reporter's shorthand record, not the speaker's own text.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (1788-06-04; reporter's paraphrase): Patrick Henry believed that a bill of rights should be included in the Constitution to protect individual rights and prevent conflict between the Constitution and the bill. He argued that the absence of a bill of rights in the Constitution could lead to a 'perpetual scene of warfare' and that it was necessary to ensure the protection of rights such as trial by jury. (key quote above) [1]
• BELIEF (1788-06-04; reporter's paraphrase): Patrick Henry believed there should be a bill of rights before ratification, arguing that the Constitution excludes some of the best barriers of human rights and that Congress may define crimes and prescribe punishments without sufficient control. He emphasized the need for a supplementary check to protect against potential abuses. "By this Constitution, some of the best barriers of human rights are thrown away. Is there not an additional reason to have a bill of rights?" [2]
• ACTION (editor's note) (undated; editor's note, not his words): Patrick Henry moved and carried a provision for paying the expenses of delegates to another Federal Convention, if one was determined on, on November 30. This action shows his opposition to immediate adoption of the Constitution and his advocacy for further deliberation. "Mr. Henry moved and carried, a provision for paying the expenses of any delegates the body might send to sister States with a view to consulting as to proper amendments, and of delegates to another Federal Convention, if one was determined on." [3]
• ACTION (editor's note) (undated; editor's note, not his words): Patrick Henry was a member of the committee appointed to prepare and report the proper amendments to be recommended. The committee included eleven members who had just voted for ratification. "Of these, eleven, namely, Wythe, Matthews, Randolph, Nicholas, Madison, Marshall, Ronald, Carrington, Innes, Blair, and Simms, had just voted for ratification." [4]
• BELIEF (undated): Patrick Henry believed that a bill of rights was necessary before ratification of the Constitution. This is shown by his expressed position that 'a bill of rights necessary,' indicating his belief that such a document was essential to protect liberties. "a bill of rights necessary, 473, 508, 544, 545" [5]
• BELIEF (undated): Patrick Henry believed that a bill of rights should be secured before ratification of the Constitution, arguing that it was necessary to protect certain rights from being left at the mercy of the other states. He believed that without such a bill, Virginia would be in a position of dictating to other states or being forced to give up these rights or leave the government. (key quote above) [6]

What cuts against it

• BELIEF (undated): Patrick Henry expressed concern about the necessity of a bill of rights, but the Constitution was ultimately ratified with amendments later added. "a bill of rights necessary, 473, 508, 544, 545" [5]

2. HOW IT APPLIES (reasoning; inference is marked)

1. Patrick Henry believed a bill of rights was essential to protect individual liberties. "A bill of rights is a favorite thing with the Virginians and the people of the other states likewise." [7]

2. He argued that the proposed Constitution lacked a sufficient bill of rights, which could allow Congress to act in areas not explicitly prohibited. "The restraints in this congressional bill of rights are so feeble and few, that it would have been infinitely better to have said nothing about it." [8]

3. He believed that without a bill of rights, Virginia would be in a position of dictating to other states or being forced to give up these rights or leave the government. "We propose that we shall secure these three things ; and before we have the assent of the other contracting party, we go into the compact, and leave these things at their mercy." [6]

4. He argued that a bill of rights would exclude the possibility of dispute and safeguard rights such as protection from general warrants and freedom of the press. "A bill of rights is a favorite thing with the Virginians and the people of the other states likewise." [7]

5. The ratification process proceeded without such conditions being accepted, but Henry's position was that a bill of rights should be secured before ratification. "Is it not necessary to speak of those things before you go into a compact?" [6]

3. HIS TAKE

Record coverage: DIRECT

Extrapolation: Patrick Henry believed that a bill of rights should be included before ratification of the Constitution to protect individual liberties and prevent potential abuses by the federal government. He argued that the absence of a comprehensive bill of rights would allow Congress to act in areas not explicitly prohibited, thereby endangering individual liberties.

Competing readings: One reading is that Henry's position was consistent with his belief in the necessity of a bill of rights to protect liberties. Another reading is that his actions, such as participating in the committee that prepared amendments, suggest he was open to further deliberation but did not block ratification outright. The record itself supports the first reading.

Confidence: High, based on direct statements in the Virginia Ratifying Convention and his participation in the committee process.