"Begun and held at the City of New York, on Wednesday, the 4th of March, 1789.
"The conventions of a number of the states having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the government will best insure the beneficent ends of its institution;--
"Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the Constitution of the United States, all or any of which articles, when ratified by three fourths of the said legislatures, to be valid, to all intents and purposes, as part of the said Constitution, namely,-- . . ."
"Art. IV.[Later abridged to II. - Ed. by EDQ] (The following breakdown of Amendment II by clauses is not contained in the original document - Ed. by EDQ).
"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.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States,
and President of the Senate.
Attest. John Beckley,
Clerk of the House of Representatives.
Samuel A. Otis, Secretary of the Senate.
Which, being transmitted to the several state legislatures, were decided upon by them, according to the following returns:--
By the State of New Hampshire.--Agreed to the whole of the said amendments, except the 2d article.
By the State of New York.--Agreed to the whole of the said amendments, except the 2d article.
By the State of Pennsylvania.--Agreed to the 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and 12th articles of the said amendments.
By the State of Delaware.--Agreed to the whole of the said amendments, except the 1st article.
By the State of Maryland.--Agreed to the whole of the said twelve amendments.
By the State of South Carolina.--Agreed to the whole said twelve amendments.
By the State of North Carolina.--Agreed to the whole of the said twelve amendments.
By the State of Rhode Island and Providence Plantations.--Agreed to the whole of the said twelve articles.
By the State of New Jersey.--Agreed to the whole of the said amendments, except the second article.
By the State of Virginia.--Agreed to the whole of the said twelve articles.
No returns were made by the states of Massachusetts, Connecticut, Georgia, and Kentucky.
The amendments thus proposed became a part of the Constitution, the first and second of them excepted, which were not ratified by a sufficient number of the state legislatures.
Update to the above. The following is what the U.S. Supreme Court ruled on the appeal of the circuit court case above, [U.S. v. Rosenberg, 7 Wall. 580, 19 L. ed, 263.] :
And here is how the United States Supreme Court ruled on the Appeal:
J.W. AVERY et al
(See S.C. 13 Wall. 251 253.)
Jurisdiction of division of opinion in criminal action.
1. This court has no jurisdiction under the judiciary act of 1802, of a division of opinion between the judges of a circuit court as to whether such court had jurisdiction to try the offense charged In an Indictment, arising on motion to quash the Indictment.
2. U.S. v. Rosenberg, 19 L. ed. 263, followed.
Argued Mar. 19, 20, 1872. Decided Mar 21, 1872.
...2. Whether the right to keep and bear arms is a right "granted and secured by the Constitution of the United States, so as to support the third count of said indictment, and render the offense therein charged cognizable in this court."
"On which questions the opinions of the judges were opposed..."
"Messrs. Geo. H. Williams, Atty. Oen. and C.H. Hill, Asst. Atty. Gen., for United States:
"The questions certified in this case having arisen upon a motion to quash the several counts of the indictment therein mentioned, this court cannot take cognizance of the same, such motion being preliminary in its character and determinable by the court below as a matter of pure discretion. U.s. v Rosenberg, 7 Wall. 580 19 L. ed. 263.
"Messrs. Henry Stanbery, R. Johnson, and D.D. Field for defendants in error.
"Mr. Chief Justice Chase delivered the opinion of the court:
"A majority of the court are of opinion that this case is controlled by the decision in the case of The U.S. v. Rosenberg, 7 Wall. 580, 19 L. ed, 263.
"I am unable to concur in that opinion, but the case must be dismissed."