CONSTITUTION OF THE UNITED STATES OF AMERICA. The supreme law of the United States.
It was framed by a convention of delegates from all of the original thirteen states (ex cept Rhode Island), which assembled at Phil adelphia on the 14th of May, 1787. On Sep tember 17, 1787, by the unanimous consent of the states present, a form of constitution was agreed upon, and on September 28th was submitted to the congress of the confed eration, with recommendations as to the method of its adoption by the states. In ac cordance with these recommendations, it was transmitted by the congress to the several state legislatures, in order to be submitted to. conventions of delegates chosen in each state by the people thereof. The several states accordingly called conventions, which ratified the constitution upon the following dates: Del aware, December 7, 1787; Pennsylvania, De cember 12, 1787; New Jersey, December 18, 1787 ; Georgia, January 2, 1788 ; Connecticut, January 9, 1788 ; Massachusetts, February 6, 1788 ; Maryland, April 28, 1788 ; South Caro lina, May 23, 1788 ; New Hampshire, June 21, 1788 ; Virginia, June 26, 1788 ; New York, July 26, 1788 ; North Carolina, November 21, 1789; Rhode Island, May 29, 1790.
It was said by Mr. Gladstone, who may be considered an impartial critic, that "as the British constitution is the most subtle or ganism which has proceeded from progressive history, so the American constitution is the most wonderful work ever struck off at a given time by the brain and purpose of man." Fisher, Evolution of the Constitution, 11. In connection with this comment of the great English statesman, it is interesting to quote from an address before the American Bar Association in 1912 by George Suther land, Senator from Utah (Rep. p. 371), which probably expresses the view of a ma jority of the thoughtful lawyers and states men of all parties. Alluding to "a growing sentiment that the constitution has become obsolete and that its provisions stand in the way of reforms which are demanded by the people," he continues : "Many of us do not believe that the constitution has been out worn, or that it has become a dead wall in the path of progress, to be assaulted and overthrown before we can move on. Its principles are living forces, as vital now as when they were adopted. It is not and nev er has been a wall, but a wide, free flowing stream within whose ample banks every needed and wholesome reform may be launch ed and carried." And the address concludes :
"To the thoughtful student of law and gov ernment the great principles of the constitu tion, as old as the struggle for human liber ty, are as nearly eternal as anything in this mutable world can be. We do not outgrow them any more than we outgrow the Ten Commandments or the enduring morality of the Sermon on the Mount. . . . The con stitution did not create the Union, but, by making it 'more perfect,' preserved it from destruction. If the present day teachers of vague and visionary reform would know the fate which will OVertake the republic if the constitution, through the shattered faith of the people, shall lose its binding force, they have but to read the history of our country under the Articles of Confed&ation. If by some unhappy turn of fortune the constitu tion should be wrecked, those conditions will be repeated, but intensified in the proportion that our population has increased, our terri tory extended, and our problems have be c6me more numerous and intricate. The forty-eight states into which our imperial domain has finally been rounded, filled with patriotic, intelligent, justice-loving people, after all constitute but the body of the 'Un ion. Its soul is the constitution." Under the terms of the constitution (art. vii.), its ratification by nine states was sufll cient to establish it between the States so ratifying it. Accordingly, when, on July 2, 1788, the ratification by the ninth state was read to congress, a committee was appointed to prepare an act for putting the constitu tion into effect ; and on September 13, 1788 in accordance with the recommendations made by the convention in reporting the con stitution-cimgress appointed days for choos ing electors, etc., and resolved that the first Wednesday in March then next (March 4, 1789) should be the time, and the then seat of congress (New York) the place, for com mencing government under the new consti tution. Proceedings were had in accordance , with these directions, and on March 4, 1789, congress met, but, Owing to the want of a quorum, the house did not organize until April 1st, nor the senate until April 6th. Washington took the oath of office on April 30th. The constitution became the law of the land on March 4, 1789. Owings v. Speed, 5 Wheat. (U. S.) 420, 5 L. Ed. 124.