(Bill of Rights)

4 pages (7 1/2 x 12 1/4 in; 190 x 311 mm), [Boston], 1 June 1791, signed, by Samuel Phillips and David Cobb, as Massachusetts Senate President and House Speaker, respectively, docketed in a clerical hand on verso of last page, “Letter by Phillips & Cobb 1791”; marginal chips affecting a few letters of text, two clean fold splits carefully repaired. 

Kenneth Bowling, “‘A Tub to the Whale’: The Adoption of the Bill of Rights,” in Patrick Conley and John Kaminski, eds., The Bill of Rights and the States (Madison, Wis., 1992), 46-61; "Day-by-Day Summary of the Massachusetts Ratifying Convention (http://www.teachingamericanhistory.org/ratification/massachusettstimeline.html)

“EVERY FRIEND TO AMERICA MUST REPROBATE THE IDEA OF INTRODUCING A STANDING ARMY IN OUR REPUBLIC. THE ESTABLISHMENT OF A WELL DISCIPLINED MILITIA, MUST BE AN OBJECT THE MOST SALUTARY AND DESIRABLE. ON THE PERMANENCY OF THIS MEASURE, THE HAPPINESS & SECURITY OF THE PEOPLE, & THE FORCE AND ENERGY OF THE GOVERNMENT GREATLY DEPEND.”  

At the beginning of the 1791 legislative term, Governor John Hancock called on the Massachusetts legislature to consider the new federal Bill of Rights, prompting the present letter expressing some concerns, specifically, the items that would become the Second and Sixth Amendments: the rights to bear arms and trial by jury, respectively. This reply reveals that many in the Massachusetts House particularly feared a standing army. But the members ultimately responded favorably to both amendments as well as to Hancock’s suggestions regarding state support for education in general, and for “the University at Cambridge” (referring to Harvard) specifically.

“We are happy in congratulating your Excellency, that the suffrages of the people of this Commonwealth have again placed you in the Chair of Government. Your firm attachment to their welfare, & your unremitted ardor to promote their prosperity, which for many years they have experienced, give ample evidence, that their freedom, happiness, and interests, are objects which claim your serious attention. … The happiness of the people being the end of Government, We readily agree with your Excellency that it is the duty of the Legislature to enact wise laws, and to make ample provision for the regular, speedy, and equal distribution of Justice.

“The tryal by Jury, is one of those inestimable privilidges we enjoy as freemen; it is incumbent on us therefore to use every precaution to retain it in its fullest latitude. Such further regulations as are necessary to this great purpose we shall readily adopt, by a revision of the laws on this subject.

"Every friend to America must reprobate the idea of introducing a standing army in our free Republic: The establishment of a well-disciplined militia, must be an object the most salutary and desirable. On the permanency of this measure, the happiness & security of the People, and the force and energy of the Government greatly depend.

“The subjects recommended by your Excellency we consider as interesting, and none more loudly calls for our attention, than the education of the rising Generation. Institutions for this purpose, early claimed the patronage of our forefathers; and the patriots of our Country have ever been assiduous to promote & cherish them. The people of these States, while they wish to secure to themselves and posterity freedom and independence, must be equally solicitous to dessiminate knowledge and virtue among the people. Without due attention to this interesting subject, the light of our Country, as your Excellency observes, will begin to fade and its glory be seen in its decline. … The University at Cambridge is too interesting to this Commonwealth not to demand our particular consideration, & we shall be ever happy in being instrumental to increase its prosperity, and extend its beneficial influences, by granting such aid as may be necessary for its honorable support.”

John Hancock harbored some misgivings about the powerful central government proposed by the Federal Convention in 1787. The Massachusetts state constitution, drafted by John Adams and ratified in 1780, included a Bill of Rights. With the ratifying convention almost evenly divided between Federalists and Anti-Federalists, Hancock, relishing his role as a statesman above the fray, worked with Samuel Adams and General William Heath on a compromise: Massachusetts would ratify the Constitution, but include a list of recommended amendments in its official transmittal. Massachusetts would then instruct its Congressmen to work to enact those amendments in the First Congress.

Other Anti-Federalists called either for outright rejection or for a second constitutional convention. On February 6, ratification passed, 187-168, the closeness of the final vote indicating the importance of Hancock's masterful compromise. Four of the next five states to ratify the Constitution, including New York and Virginia, included similar language in their documents.

On June 21, 1788, New Hampshire became the ninth state to ratify, putting the Constitution into effect. The first elections took place in late 1788 and early 1789 (varying state to state), and the First Federal Congress convened in New York City on March 4, 1789. George Washington was inaugurated as the first president on April 30. Congressman James Madison—the “Father of the Constitution”—gave an important speech introducing proposals for amendments to the new Constitution on June 8. His advocacy was crucial because, as a Federalist, he had earlier expressed the opinion that a Bill of Rights was unnecessary. After much Congress twelve amendments to the states on September 28, 1789.

From there, the battle for a Bill of Rights shifted to the state legislatures. In Massachusetts, Governor Hancock heartily recommended the amendments, but the legislature rejected the first two, as well as the 12th (eventually, 10th) amendment, reserving all rights not granted to the federal government, to the states. A joint committee of both houses was appointed to bring in a compromise bill, but it never reported, and the state ratification process was left incomplete.

Though proposed amendments (dealing with apportionment of the House and congressional salaries, respectively), on December 15, 1791, Virginia became the tenth state to ratify the Bill of Rights (Vermont entered the Union in 1791 and ratified in November). Ironically, despite the important role Massachusetts played in ratifying the Constitution and paving the way for a Bill of Rights, Massachusetts (with Connecticut and Georgia) did not ratify until 1939, the 150th anniversary of Congressional passage of the Bill of Rights.