Liberty and Freedom
Frequently Asked Questions
Dick Lankford, State Archivist, with the Bill of Rights
“The Bill of Rights” is the term commonly used to refer to the first ten amendments made to the United States Constitution. On September 25, 1789, the First Congress of the United States proposed twelve amendments to the Constitution. The first two proposed amendments, which concerned the number of Representatives each state would have and the compensation of Congressmen, were not ratified by the required three-fourths of the state legislatures. Proposed amendments three to twelve, however, were ratified and became known as the “Bill of Rights” because they limit the powers of the federal government by granting the people specific individual freedoms. Freedom of speech, assembly, and religious worship are examples of the freedoms guaranteed by the Bill of Rights, as are the rights to be protected from unreasonable searches and seizures, self-incrimination and to have a speedy public trial.
The term “Bill of Rights” also refers to the handwritten copies of the proposed twelve amendments prepared by Congress for its records and sent to the states for consideration. The federal government’s manuscript copy of the Bill of Rights is displayed with the Declaration of Independence and the Constitution in the “Rotunda for the Charters of Freedom” at the National Archives Building in Washington, D.C.
Whose signatures appear on the Bill of Rights?
The Bill of Rights is a joint resolution of Congress. Therefore, Frederick Augustus Muhlenberg signed it in his capacity as Speaker of the House of Representatives and John Adams signed it as President of the Senate and Vice President of the United States. The principal administrative officers of the House, John Beckley, and the Senate, Samuel A. Otis, also signed the document.
Why does North Carolina have an original manuscript copy of the Bill of Rights?
North Carolina had not ratified the United States Constitution when Congress proposed that it be amended because delegates to the State’s Constitutional Convention did not believe the document, as originally written, sufficiently protected individual freedoms and state sovereignty. Although North Carolina was not a “state,” Congress nevertheless requested President George Washington to send a copy of the proposed constitutional amendments to North Carolina for it to consider if North Carolina ratified the Constitution. President Washington complied with Congress’s request on October 2, 1789 by sending a copy of the Bill of Rights to North Carolina Governor Samuel Johnston for delivery to North Carolina’s legislative body, the General Assembly. A second Constitutional Convention ratified the Constitution in November 1789 and the General Assembly ratified all twelve of the proposed amendments in December of the same year.
What happened to North Carolina’s original copy of the Bill of Rights after the amendments were ratified?
After the Bill of Rights was ratified, the manuscript was stored in the State Capitol with other legislative records from the 1789 session. It is believed that the Bill of Rights remained in storage until the closing days of the Civil War. During the days following Raleigh’s surrender to Union General William Tecumseh Sherman in April 1865, the Capitol building was occupied and visited by Union soldiers. It is believed that North Carolina’s original copy of the Bill of Rights was taken as a souvenir by one of those soldiers.
How did North Carolina get back its copy of the Bill of Rights?
In late February 2003, Governor Michael Easley learned from the
Governor of Pennsylvania that North Carolina’s original copy of the Bill of Rights was being offered for sale to a museum in Philadelphia. Governor Easley requested North Carolina Attorney General Roy Cooper and the United States Attorneys in Philadelphia and Raleigh to initiate legal proceedings to recover the document. With the full cooperation of the Philadelphia museum, Federal Bureau of Investigation agents seized the document on March 18, 2003. North Carolina obtained possession of the manuscript in August 2005 through legal proceedings in the federal district court and the United States Court of Appeals for the Fourth Circuit. The State is involved in proceedings in state superior court to establish clear legal title to the document.
Does it have an odor?
No, the document does not smell.
Why is the Bill of Rights important to North Carolina?
It is an original copy of one of the most important documents in American and North Carolina history. North Carolina refused to ratify the Constitution and join the United States because there were inadequate guarantees of certain rights. The state ratified the Constitution and joined the Union only after Congress proposed amendments protecting individual freedoms.
The individual freedoms guaranteed by the Bill of Rights comprise the bedrock of American law and government. The document, therefore, like the Declaration of Independence and the Constitution, is a fundamental symbol of the freedoms and culture of our state and nation.
Are there other states missing their original copies of the Bill of Rights? If so, which states?
Yes. New York, Georgia, Maryland, and Pennsylvania are missing their copies of the Bill of Rights. Delaware returned its copy to the federal government.
When not on tour, where is the Bill of Rights located?
The Bill of Rights is stored in the North Carolina State Archives, one of the nation’s oldest archives, in the North Carolina Department of Cultural Resources. The document is stored in a special room where the temperature and humidity can be controlled.
The Bill of Rights Tour is part of “History Happens Here”. What is that about?
“History Happens Here” is a year-long celebration to tell North Carolina’s stories of struggle and freedom, memorable characters and colorful daily life. It is the Department of Cultural Resources’ theme for 2007. Over 500 events are scheduled at Historic Sites and the state history museums during the year.
What is the Department of Cultural Resources?
The North Carolina Department of Cultural Resources includes the State Archives, 27 historic sites, seven history museums, Historical Publications, Offices of Archaeology and Preservation, the State Library, including genealogy, the N.C. Arts Council, N.C. Museum of Art, and N.C. Symphony. Many programs relating to History Happens Here will be part of the department’s programming.
What books can I find about the Constitution and Bill of Rights?The Office of Archives and History, Historical Publications, offers three:“Decision at Fayetteville: The North Carolina Ratification Convention and General Assembly”, “North Carolina Votes on the Constitution: A Roster of Delegates to the State Ratification Conventions of 1788 and 1789”,and ;“There Ought to Be a Bill of Rights.”
Where can I learn more about our country’s Bill of Rights?
The National Archives provides access to historical documents from our nation&’s past at http://www.archives.gov/historical-docs.
Where can I find out about North Carolina governors from the Colonial period?
A fun place to look is www.ncmarkers.com.
How many people lived in North Carolina in 1790?
The U.S. Bureau of the Census reports the population was 393,751.
What are some sites in North Carolina that focus on Colonial history?
Alamance Battlefield, Historic Bath, Brunswick Town, Fort Anderson, CSS Neuse/Caswell Memorial, Historic Halifax, Historic Edenton, House in the Horseshoe, Somerset Place, and Tryon Palace and Gardens. All of these are state Historic Sites, with interpreters and special programs for young and old alike. Find out more at www.ncculture.com. The Guilford Courthouse is a National Military Park.
Are there other resources for Colonial travel information?Travelers can check out the North Carolina Colonial Trail at www.qaronline.org, the NC Scenic “Colonial Heritage Byway” and the NC Scenic “Lafayette’s Tour” Byway. Download trail routes at www.ncdot.org and find out other places to see or stay at www.visitnc.org.
I want to do more research on Colonial History. Where can I start?
The State Library has several excellent resources: www.ncecho.org and www.nclive.org.
