The Sixth Amendment to the Constitution, part of the Bill of Rights ratified on December 15, 1791, provides in relevant part: “In all criminal prosecutions, the accused shall enjoy the right … to have the Assistance of Counsel.” This grant of the right to counsel departs from the English common law rule in which the right to counsel was granted in limited criminal proceedings; namely, misdemeanors and for treason and felony offenses with respect to “matters of law” as opposed to “matters of fact.” Most states in 1791 rejected the English common law rule and, like the Sixth Amendment, granted the right to counsel in all criminal matters. “It thus appears that in at least twelve of the thirteen colonies, … the right to counsel [was] fully recognized in all criminal prosecutions, save that in one or two instances the right was limited to capital offenses or to the more serious crimes.”