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MSA SC 5339-79-1
CollectionResearch and Educational Projects at the Maryland State Archives
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StorageContact the Department of Special Collections for location.
Description
From the

GOVERNOR AND COUNCIL (Letterbook)
Dates: 1787-1793
Description: *
Accession No.: 4009
MSA No.: S 1075-9
Location: 2/26/2/24
GOV to General Assembly, Nov. 8 1789

we find J.E. Howard sending the Assembly the proposed amendments to the federal Constitution (soon to become the Bill of Rights).

Among all the MARYLAND STATE PAPERS, we do not find a letter of transmittal from G. Washington, his secretary, or the US Secretary of State sending the GOV that or the other documents Howard mentioned in his letter. Nor are there the documents themselves.

Chapter VI, 1789 from the Session Laws of the Archives of Maryland On Line

http://msaweb/megafile/msa/speccol/sc2900/sc2908/000001/000204/html/am204--3 65.html

is the ratification of the amendments, but does not mention transmittal of their actions to the federal government.

The Letterbooks do not contain a copy of Howard's transmittal of the law, but

M3030 (SPECOL unidentified) =
NARA Microfilm Publications #338 Certificates of Ratification of the Constitution and the Bill of Rights...

has Howard's letter of January 15, 1790 sending a transcription of the law, with annotations about passage and certification.

It also shows the Secretary of the President sending and specifying Howard's letter plus the law to the US Secretary of State for certification. No additional documents (such as the federal draft enacted by MD) is mentioned.

The EVENING SUN of November 27, 1990 quotes Dr. Papenfuse as stating MD's copy of the federal draft is notin State hands. He reviewed some of the facts above for Carl Schoettler (see SC 1456-1746 0/10/7/18).

CONCLUSION:

The federal copy sent for MD's consideration was given to the General Assembly. Like most submittals to the legislature (petitions, letters, etc), the copy was not preserved among the official records, other than such transcriptions as appear in the Journal or Laws (laws only in this case).

I see no evidence that the draft woudl have/should have been returned to the federal government.

The document might certainly be extant if it fell into the hands of a legislator and has been passed down/sold, etc to the present day, but is not part of a permenant records collection in our custody.

FURTHER NOTE

M523 with the Rapport Report is not available as a xidex in the Search Room. There is apparently no "copy negative", either. We continue the search for same here and at other institutions, but doubt it has any additional information.

I have given over all copies to Emily who will place them in the TOPIC FILE and provide copies for you.

R.J. Rockefeller, PhD Director of Reference Services

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