The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-09-09
For the National Era,
BALTIMORE RESOLUTIONS.

In the platform of the Democratic Conven
ton at Baltimore, which nominated Genera
Pierce for President, the first resolution run
thus:
That the Federal Government il one o
limited powers, derived solely from the Con
stitution and the grants of power therein
ought to be strictly construed by all the
departments and agents of the Government
and that it is incxpcdent and dangerous tc
exercise doubtful constitutional powers
And when we come down to the fourth mr..
ticle, after "A preamble which appears to refer
to the protective policy, we have the following
resolution:
ResoIpcd. That the foregoing proposition
contains and was intended To embrace the
whole subject Of slavery agitation in Congress
and therefore the party of the Union, standing
on this national platform will live by and add
here to faithful execution of The acts known
~ the COMPROMISE MEASURES, settled by the
last Congress, the act for retaining fugitives
from service or labor included, which act be-
ing designed to carry out an express provision
| of the Constitution cannot, with fidelity thereto
be repealed, or so changed IA to destroy or i'm.
pair its efficiency"
Now, it seems to me that these two reSolu-
tions are plainly inconsistent with each other
No person prctends that there is in the Con
stitution, any express power given to Congress
to pass any law on the subject Of fugitive slaves
and the alleged necessity Of some such law on;
the part Of Congress to carry out the provision
Of the Constitution on that subject, has never
been shown and il not admitted by many of
the best lawyers. No writer or speaker has
ever yet shown that this constitutional provis-
ion cannot be executed by any United States
court M well without any law ~ with one
and some Of the highest Judicial authorities,
even some who now support the law, have
given their opinion that the execution Of this
provision laid with the States and not with Con-
gress The construction Of the Constitution,
therefore, by which the power to pass the Fugi-
tive Slave Law il justified, if not plainly false,
certainly asserts doubtful constitutional
power" which, accordingto the first resolution,
it " is inexpcdient and dangerous to exercise"
But, in the last resolution, these strict con-
structionists say that this act cannot with fidel-
ity be repealed, because it is "deagned 10 car
ry out an express provision Of the Constitu-
ton - but they do not show that this des gn
conters any power on Congress 80 TO carry it
out. To assert that a mere design, or even an
alleged necessity, cOniers poioer on Congress
would plainly overthrow all their principles of
limitation and strict construction. The two
resolutions are therefore clearly inconsistent
with each other.
Under suppostion that Gen. Pierce should
be elected President, should accept the Balti-
more platform as his rule of conduct, and that
Congress should afterwards repeal the Fugitive
Slave Law, have been curious 10 conjecture
what would be his action in conformity TO his
instructions. Would he veto the repeating act,
or would he approve it IL he should put his
veto upon il, he would thus sustain the law,
which has been passed by "a doubtful consti-
tutional power" and 80 would 70 counter TO
the first resolution, To which he. has agreed
and, on the other hand, il he should approve the
repeating act he would assent 10 the abolition
Of a law which his guide, in the fourth resolu-
ton, says "cannot with fidelity be repealed
The only escape can nee for him in this dill
emma il, that he should approve the repeal,
and plead high authority (the only rule now in
politics) for this somerset He would say in
his message to Congress that rs the most en-
inent and admired statesman OF the country