New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-04-15
UNCONSTITUTIONAL AND ILLEGAL
SPEECH OF MIR. A. p. GRANGEH'
OF NETWORK,
h the House of Representatives, April 4, 1850


MT The subject Of Slavery is Of the most vital
Importance that can come before you for dscussion-
n that brings with Il the highest interest," the deep
o.. feeling and involves principles Of the most sacred
eharneter 1 approach it, Sir, with great reluctance,
and prompted it only by the stem demands OF DUTY
"A duty thai, were II not duty, would glsdiy
avoid. know Sir that Southern feeling is ardent,
and an this snhiect sometimes fiery. The North il
allow and ooutempsiiye-pasdve and yielding; but
there il a point beyond which it will not go To that
poipt. Sir. has arrived. The mighty difference be-
tween tie North and the South requires settlement,
And can be delayed longer. /; must be met AMI
disposed OF. Freedom and Slavery must meet face TO
face and try titles The question, regret TO say as
suues a sectional aspect. The North and the o09sn
art opposite parties i would II were not go pt'
since il IT, let meet II like friends ana oEc,i
z.ps Of this highly favored Common wealth, GUIDED
,trcilv by the CoDsttutOD and sustaining the Union
In every emergency. The Consttu'ion was made 10
protect Freedom or Savery--Ope or the other-ho'
both. There can be no compromise oe,wees had
FIJI possession The Constitution was formed by the
Convention and adopted by the people, TO secure the
mali, nsble rights Of man. slavery II lne0npal'e
t those right. Slavery 10 the United States s un-
constitutional and therefore uolawful. Slavery can
have no legal existence in this country without specihc
constitutional legislative enactment, creating II or es'
tabshing il. Sir there DOne-there can be no
tueh eDaoments. That Slavery can have no legal s1-
rieres without specific legislative enactments cIeatng
or establishing il, assert on the authority OF the ou-
ueme Court Of the United States. ln the case OF
Prgy rs Penn 1G PetGrs, the Court declared "that
the state Of Slavery il mere municipal regulation
founded upon, and limited TO- the verge Of Iesrtor al
claw" Now, assert, there Is no such . Ia" ana
sss. ri il on the authority Of the father Of the Fugitive
Slave Lew--tbe honorable Senator from Virginia MIR.
Mason. When advocating the passage OF that law
and discussing its prOvirioas, the Honorable senator
objected 10 trial by jury, the ground that wou
imply proof that Slavery is established by existing
law; and said be, ." it is impossible to comply with
tie Iequisiton for no such law can be found" Now,
Sir put that and that together, and the legahty OF
Slavery n seen at a glance
Go back with me, Sir, TO colonial times, before we
were Independent and had Govern DeDt of our Own,
and observe the landmarks that guide us ON this subject
from that time to this. Slavery then existed In Er-
gland il did in the colonies here. In l772, Charles
Stewart Of Virginia ia Engand with james Som
Inerset bis slave. The slave absconded and became
q fugitive. He pursued and recaptured; and
confined on board Of ship to be transported to the
West Indies and sold. From bis prison be found
means to reach the Of Mansfield, Lord Chief JUS
tee of England and obtained writ Of hdbeas corpus
aud claimed his freedom. The parties appeared aud
took issue. The Chief Justice gave sentence as
follows:
Of being introduced on any reason moral or pohcs but oay
positive Law. Its odious thai nothing be suffered
fore may deci.ion say th, al
lowed approved by the Law of England aud tho black must
That d. oisiop Sir was never cODtroverted and re-
mains, from that day to this the law of England 1t
covered the colonies, and condemned Slavery here a'
well there -Four years after, in l776 this country
declared its independence, and assumed to speak for
itself
The Continental Congress-the most august body of
men that met-by legal enactment sustained the
decson Of the Chief Justice; and, calling God TO wit
ness declared liberty nalenabe and bondage impoe
sibe in these United States. In that immortal nstru
ment-the Declaration Of American lndependence-in
language too specific and positive to be msunder-
stood, they declared liberty sacred and to maintain
pledged their hvts their fortunes and their sacred
honor This the first great organic law, and has
been repealed. The people Endorsed the declaI
ation aud sealed i with the blood Of eight years
Sir, it has become the political liturgy OF the
country and, since the 4th OF july l7I6 IT mas been
reh arsed annually in the presence Of all the people
In l77s the Articles Of Confederation were agreed to-
the Constitution under which this Government was
administered till 1889. Most of the States then held
slaves; yet, universal was the sentiment that Sa-
very was temporary and 10 expire, that in the
Articles Of Confederation not the slightest allusiOn
was made to il. And here Sir, | ask you to note,
that when the United States Constitution adopted,
every the old thirteen States had constitutions
except Rhode Island and Connecticut, and not one OF
those oonsti uOns established recognized Slavery
Rhode leland and Connecticut continued ON under
their old royal charters neither Of which in the slight
est degree encouraged Slavery. Up to this time, Sir
there had been nghtfu authority legal foothold
6r Slavery in this country.
Slavery was first introduced here without law, by a
crime the law declares piracy Without law 1t has
been tolerated-permitted to remain, until it has at
tanned such degree of strength and arrogance that
presumes 10 come mere IN tMh Tempe OF I'D Iy, anu
par rank with freedom We have now arrived to the
date Of our present glorious Constitution; aud un-
worthy be the migrate who will not maintain 1t to the
last extremity. And now, Sir, comes the question:
Did the Constitution create establish Slavery Sir,
examine the entire document, and mark its general
scope object, spirit and bearng-nay its very letter,
and let il decide whether Freedom or Slavery shall
bear sway in this Republic The Constitution, article
one tcton Dine the hand, says, ono title of
nobility shall be granted on the other, in tho same
section "No biz of attsnder shall be passed" Not
content with that il reads lsection TEN No State
shall pass sny bill Of attainder.' We had revoted
from monarchy where privileged orders prevailed;
hence the trainers of the Constitution determined TO
bar the door against them. Sir, law TO create or
1egelize Slavery, either by Congress OF any State,
would be TO pass bill of atainder and therefore
null and void az would be bill to grant title OF
biy. Sir, TO grant title of nobility, or to elevate
a class family by law above the level, idea
never for moment entertained by the trainers of the
Constitution. And, Sir proposition 10 ensave de-
grade and chatehzc class of persons for the
rce pleasure of another. and to attant the blood
and seud il cursed with hereditary faint through sue
ceeding generations, would have been repealed with
indignation. Here, SIR il a direct and positive pro-
hbtion of Slavery, and cuts it up. root and branch.
In the same tenth section II is also wrten mo State
- shall pass any bill impairing the obligation of
"trscts" Now, that Slavery not only impairs the
obligation Of contracts by wholesale but actually de-
pves large class of persons Of the power of making
contracts at ALL aud declares such contracts they
make null aud void. Here again Slavery meets a
pulse, aud is driven from the Constitution. Again,
article one, section nine: 1.-THE privilege of the writ
''of habeas corpus shall be suspended in time of
"peace;" the Fugitive Save Law to the contrary
potwit bsanding. Now Sir, what is ths writ OF ha-
btas corpus, the privilege of which shall not be sus
pended Says Blackstone:
The Object Of the bring the body Of the prsouS
who has been restrained Of liberty into Court shall
mine her the cause OF his No ust aud there