They were during the time of the Founders, because the Bill of Rights did not apply to state and local governments. At that time, it only applied to the federal government. For an example, see Baron v. Baltimore.

The Bill of Rights did not apply to state or local governments until well-after the American Civil War through a very convoluted process called incorporation of the 14th Amendment. By that time, of course, the Founders were all long-dead.