Page images
[ocr errors]


something of the combination and directness ple, and it belongs to the States exclusively ; quarantine regulations and other matters relating to of war. At the same time I beg to say, as I and there is not a single instance in the history the public health are solely under the direction and have heretofore said, that I do not recognize of this country where the Government of the

control of the various municipalities of the State." this in any respect as a military measure; I treat United States has attempted to trench upon

That is true of Boston, and true of every it absolutely as a commercial measure; I de- it; but in numerous instances the courts have other city in the country where these regularive it from a commercial power, and by the settled that the police regulations of the States

tions have been made. Now, here is a more amendment which I have introduced I would are independent of the General Government elaborate statement of the same principle in place it under the direction of the Secretary and exclusively within the power of the States, the regulations of the Board of Health of the of the Treasury. and that under the power to regulate commerce

city of New York, where they say: Mr. MORRILL. Mr. President, in reply to the Government of the United States has no "It shall be the duty of the said board to give all the last position of the honorable Senator from authority whatever to interfere with them.

information that may be reasonably requested re

specting any threatened danger to the public health Massachusetts, I desire to call his attention to Now, what is quarantine?

to the health officer of the port of New York and to the phraseology of his own amendment and see Mr. CONNESS. Will the Senator permit the commissioners of quarantine of said port, who whether he treats it solely as a commercial me to ask him a question ?

shall give like information,” &c. question. It shall be the duty of the Secre- Mr. MORRILL. Certainly.

Showing that under the regulation of the tary of the Treasury, the Secretary of War, and Mr. CONNESS. I do not propose speaking | Stäies iba very powers which are claimed to the Secretary of the Navy to adopt an efficient on this subject, but I desire to ask the Senator be exercised by this measure and to be conand uniform system of quarantine." If it is a from Maine, if he denies all power on tiid part ferred upon the Secretaries of War, Navy, and commercial question, what has the Secretary of the Government of the United States over the Treasury, are exercised and have been of the Navy to do with it?

this subject, how he reconciles the statute of exercised from the earliest period by the auMr. SUNNER. Does the Senator wish an 1799, which has been quoted by the Senator thorities of the States, and are said to have been answer?

from Massachusetts, which gave a joint power. properly exercised by the decisions to which I Mr. MORRILL. I should like to have an I should like to hear the Senator upon the

have referred. exercise of that joint power.

If anything could make this more plain, and Mr. SUMNER. The amendment that I have Mr. MORRILL. The answer to that sug. show, I will not say the absurdity, but the quesmoved charges this duty upon the Secretary of gestion is that the statute does not propose to

tionable propriety of this power, it is the sec. the Treasury, in conjunction with the Secretary give a joint power. If the Senator will look at ond clause of the first section: of War and the Secretary of the Navy, under that statute he will find that the power of the 2. That he shall also enforce the establishment of the direction of the President of the United United States is subordinated to the power of

sanitary cordons. States. He has that to do with it which the the States. It simply authorizes the Secretary I ask my honorable friend from Massachustatute gives to him, and he has it because the of the Treasury to do an act in coöperation with setts if he will undertake to say that the estab. statute gives it.

the States, and that implies no joint power, but lishment of sanitary cordons is the exercise of Mr. MORRILL. So I see; but I ask the it implies a subordinated power.

a commercial power. reason why, if it is a commercial measure, you

Mr. SUMNER. It is a concurrent power. Mr. SUMNER. Under the circumstances, connect the military and the naval power of Mr. MORRILL. No, not a concurrent clearly yes. the Government with it. That is the question. power. It is in aid of the States. Anybody Mr. MORRILL. Well, what is a sanitary

Mr. SUMNER. Because it may be neces. can aid. That is not an assumption of power. cordon? What is the literal definition of it? sary to act with regard to it on the water; and Mr. SUMNER. That is a concurrence. Has it anything on earth to do with commerce? who would be more competent to advise upon Mr. MORRILL. It is simply in aid of the What is the establishment of a sanitary cordon? such a matter than the Secretary of the Navy? States.

The literal meaning of it is a military post. That Or it may be necessary to use military force, Mr. CONNESS. Now, how may a party is the definition. It is a post established by the and wlio more competent to supply it than the having no right to exercise a power aid in that military power of the Government for sanitary Secretary of War?

power, or perform a part of it rightfully, when purposes. Mr. MORRILL. I have elicited all the it has not the right or the power to perform Mr. SUMNER. " Sanitary cordon” is a answer I expected; it is all the answer that the whole of it? I should like to hear the sanitary line. could be given ; whether it is a reason or not I Senator on that point.

Mr. MORRILL. Drawn by whom? submit to the Senate. It is all that the utmost Mr. MORRILL. I think the answer to that Mr. SUMNER. Drawn by the Government. stretch of ingenuity could give. There is no is quite obvious, that the Government of the Mr. MORRILL. Drawn by the military possible reason for associating either the War United States did not claim the right to exer- authority of the Government and maintained or the Navy Department with it, except that cise the power concurrently. It might offer by the military power of the Government. you want to bring to bear upon the question to do an act which might prove to be accept- Mr. SUMNER. A sanitary cordon under the power of the Navy and of the Army. Now, able to the State. That would not be offensive, || this joint resolution would be a line drawn is that so? So far as you desire to go upon the and that was precisely the character of the act | according to the requirements of this resoluwater to enforce a quarantine, if you have a of 1799, as I understand it.

tion. It would not be under the military power right to enforce it the Secretary of the Treas- Now, what I am undertaking to demonstrate of the Government, but under the commercial ury has a military power at his command always is that the quarantine power which the States power attaching to passengers. to enforce the revenue laws; and there is no exercise is a police power, belongs exclu- Mr. MORRILL. A military cordon is estabmore necessity, on that score, of associating sively to the States, has been so regarded from lished on the frontier by the military power of the Secretary of the Navy, I submit to the hon- the earliest period. What is a quarantine? the Government to prevent the intercommuniorable Senator, to enforce a quarantine than What is the right of quarantine or the power cation of the people one way and the other for there would be to enforce the laws preventing of quarantine? It is simply to say that a ves- fear of contagion. That is the definition of it; smuggling The association is incongruous; sel on its way to a particular port, destined to that is the interpretation, and that is the hisand it is either from the fact that you desire a particular port, must not land, must tarry || tory of it. Now, is there commerce in that? to get a power that you are conscious have at a given point for a certain period of time, | Does that invoke the commercial power? It not under the authority to regulate commerce, until an opportunity has been given to the local is simply police; it is an establishment on the or, I submit, that it is an association of a power authorities to inspect the condition of the ves- frontier of a State for the protection of the pubnot necessary; and so of the War Department. sel, to see whether it is dangerous to the pub- || lic health. That is what it is; nothing more This is strictly a commercial question, says

lic health for it to land. That is the power. nor less. It comes within the police power, and the honorable Senator. I submit that it is not That power is internal; that power is police; || that police power exclusively in States. in any sense. In the first place, cholera is not that power is entirely independent of the com- Mr. HOWE. Will my friend allow me to the subject of commerce; and in the second mercial power and has so been settled in re- ask him whether such a regulation, such a line place, the immigrants are not the subject of peated instances. In the license cases that as that in the interior of a State, would not be commerce; they are the subjects of navigation, question was elaborated at very great length | just as much a sanitary cordon as one drawn one of the incidents of commerce. They enter and it was settled distinctly that the police on the frontier ? into that element, and not in any sense are power existed independent of the power to reg- Mr. MORRILL. To prevent intercommuthey the subjects of traffic, which is the chief ulate commerce, and was exclusively in the nication between subordinate communities? characteristic of commerce. They are simply States.

Mr. HOWE. Yes, sir. an incident to commerce in the sense that nav- Now let me call the attention of the honor- Mr. MORRILL. I should say it would. igation is an incident to commerce; but when able Senator from Massachusetts as to the con- Mr. HOWE. I understood you to speak of you come to consider the subject of the intro- dition of affairs in his own harbor. Quaran- the frontier. duction of immigrants into the country, they tine regulations exist in the harbor of Boston Mr. MORRILL. I did not mean frontiers lose that character entirely.

by the power of the city. Did anybody ever of independent nations, but between any disNow, I desire to call the attention of the question it? The Supreme Court of the Uni- tinctive communities. But would the Senator honorable Senator to this question in another ted States have said they properly exist and

from Wisconsin or the Senator from Massaaspect. I maintain that all sanitary regula- that they are exclusively within the power of chusetts say that the General Government had tions touching the health of the people of this the State government, and the General Gov. a right to establish sanitary cordons through." country within the jurisdictional limits of the l ernment, under its power of commercial regu- out the States, between the several counties, several States are matters of police regulation, lation, has no right to interfere with them. towns, and cities? That is the principle of using that term in its strict and legal sense. Here is a circular in which the surgeon general | this bill. That is so purely local and so purely Anything of that kind is a police regulation ; of that State says:

within the police regulations of the States it has to do simply with the health of the peo- * By the general statutes of this Commonwealth. that I hardly think the argument would be


attempted to be pushed so far. I do not wish Mr. CHANDLER. I hold in my hand a friend from Maine and others who see a conto say any more about it.

very able document prepared by distinguished || stitutional obstacle to passing a railroad or a Mr. HOWE. I am not going to argue this | physicians and surgeons who have had great | quarantine bill, I have no such difliculties and question at any length. I care but very little experience in regard to the cholera, from which apprehensions as they seem to entertain. I do whether this bill pass or not. I do not think I shall merely read an extract or two, as I do not think we shall injure the Constitution if we it a very important matter whether the United

not wish to occupy the time of the Senate, my keep out the cholera, and I hope the Senate States assume the exercise of the power which | desire being to get a vote. In this paper they will pass the resolution in the forin proposed is asserted in this bill or not at the present | give a number of instances showing the char- by the Committee on Commerce. juncture. I think it of immense importance acter of the disease. Let me read from it: The PRESIDENT pro tempore. The Chair that the United States should not admit that “The ship Swanton, from Havro, arrived at New

has received a communication from a very they have not the power which is asserted here. Orleans on the 11th of December, 1818, nine days eminent gentleman of the medical faculty on

after the New York arrived at Staten. Island, with The newspapers say this morning that two two hundred and cighty emigrants on board. Thir

this subject, which, if there be no objection, vessels in the harbor of New York are lying at teen passengers had died with cholera on the pas

the Chair will have read. anchor under the quarantine regulations of sage. No quarantine was instituted, and the ship The Secretary read it as follows: that city with cholera on board. Those two

came to the wharf. The day after the arrival of the vessels are not said to be American vessels, || beo passengers in the city the cholera broke out and

New York, May 11, 1968. became epidemie.

DEAR Sır: In thcreported proceedings of the Sepbut I assume that they are stamped with the “The Atlanta, from Ilavre, arrived at New York on ate I have noticed the recent introduction of a joint

the 20 of November last, with a large number of Gernational authority, sailing the seas by the na

resolution authorizing the establishment by the Secman cmigrants; many had died of cholera on the

retaries of War, the Navy and the Treasury, of a tional permission, bearing the national flag. passage. The disease was confined exclusively to the uniform system of quarantino to avoid the introducThey have been brought to anchor, not in the steerage passengers, A strict quarantine prevented tion of Asiatic cholera through our ports of entry. I port to which they were destined and where the introduction of the disease into the city.

respectfully ask permission to suggest a modification

“It will be recollected that thesteamship England of, or an addition to the proposed measure, in order they wish to unload, but short of that; and the put into Halifax on the 9th of last month with some to reach the root of the evil, and prevent the occurquestion which I wish should not be lost sight twelve hundred passengers and a crew of one hun- rence of the disease in question on board passenger of is, where resides the authority to bring those

dred men, with a large number of German passen- ships, whereby not only the necessity of subjccting

gors who had come from places infected with cholera: them to quarantine may be greatly diminished, but two national ships to anchor, to stop them on one hundred and sixty cases of the disease occurred likewise the lives of the passengers saved. their route short of their point of destination? on board, and fifty deaths during the passage. Owing It is believed to be the unanimous opinion of those My friend from Maine says it is in the city I checked there, and the ship is now at quarantins in to strict quarantine at Quebec, the disease was members of the medical profession on both sides of

the Atlantic who have studied the habitudes of this of New York if they are bound to New York, New York, the passengers baving been landed after disease that the circumstances wbich favor its develor it is in the State of New York if they are undergoing the usual quarantine."

opment are peculiar and well understood, and that bound to a harbor in' New York. This bill The cholera has been in New York harbor

to a great degrce they are identical with those provo

cative of typhus fover, (known as ship fever when asserts, I think in terms, that it is in the nation, | since the 2d day of last November, six months occurring at sea,) and that both these diseases are as that by no authority short of that can they ) and a half, all the time, and it has never yet clearly preventable under the rigid enforcement of rightfully be stopped. That we have conceded | landed. There was one case of what was called

the laws of hygiene as is small-pos by vaccination.

Numerous instances might be cited to prove that the exercise of this power for sanitary purposes | sporadic cholera, produced by circumstances this result is attainable, but I will here refer to but to the different municipalities or the different connected with that particular case, but not a one fact to show how completely dependent is the States, from the foundation of the Government, single case of Asiatic cholera has landed. The

sanitary condition of emigrant passengers upon the

supervision and conduct of the ship's oilicers. By a I suspect is true. I do not know that there | Senator from Vermont [Mr. EDMUNDS] brought report on quarantine made to the British Parliament has been any departure from it. The nation a very important fact to the knowledge of the by Lords Carlisle and Ashby, and two of England's has not seen fit to assume the responsibility of Senate the other day in his remarks, and that

most eminent sanitarians, Edwin Chadwick and Dr.

Southwood Smith, we learn that under the system of taking this sanitary interest under its care, has was that by a strict quarantine in the Italian convict transportation to New South Wales, which permitted the exercise of this power to the ports the cholera passed by the whole of Italy, prevailed prior to 1801, the contractors were paid for several States and municipalities; but that the and was finally introduced into Italy across the

each passenger cmbarked on board their ships. It

being thus their interest to receive the largest possiConstitution leaves it to them, I do not believe, Alps from France, where the quarantine was blo number, the passengers were admitted without Mr. President, at all. That the Constitution not so strict.

reference to their comfort or health. and the neglect does not give it to us, to the national authority, It is an old saying that those who know noth

of their sanitary necessities produced a mortality of

from thirty-three to fifty per cent. Yet we are told I never can be made to concede. It is the || ing fear nothing. I happen to know just enough there was no omission palpable to common obserexercise of a very high prerogative, striking at of cholera to desire to keep it down in New vation, or that could be distinctly proved as matter the very freedom of all our commerce, for the York bay if we can.

I do not know that quar

of crimination to which responsibility might be

attached. The attention of the authorities being at power which can stop one of your vessels on antine regulations will keep it there, but having length aroused to the subject, an alteration was made her route a hundred feet from the dock to kept it there for six months and fourteen days in the terms of the contract, by which payment was which she is destined and where she wants to

to be made only for those landed alive, instead of for I hope they may keep it there for six months

all those embarked. unload--wherever you find the power that can and fourteen days longer.

The effect of this change was the immediate emdo that, you find the power that can arrest The object of this measure is to establish a ployment of competent men and the thorough applievery one of the ships belonging to your com- uniform system of quarantine. The cholera

cation of suitable hygienic measures, whereby the

mortality was reduced to one and a half per cent. merce. If you say that it is in the several has been held in New York harbor by the New The two emigrant vessels recently arrived at this States, your power to regulate commerce, for York quarantine laws. There are no quaran

port, namely, the Virginia and England, presented which as much as for anything you formed tine laws in New Jersey, and it could be landed

equally striking illustrations of the evil effects of the

noglect of sanitary measures. With their greatorerthis Government, is the merest bagatelle in the to-morrow morning, and spread through New crowding and disregard of ventilation, disinfection, world ; it is worth nothing.

Jersey, and brought into New York through and cleanliness, ship fever or cholera was the inerAs I said before, I do not care whether we Jersey City but for the care and vigilance of

itable consequence, which no sensible person can

doubt might have been wholly avoided by the exerassume the responsibility now at this juncture the New York quarantine officers. In Boston cise of proper precautions, to the saving of hundreds or not. The Senator from Pennsylvania [Mr. || there are no quarantine laws, and the Bosto- of lives, as well as obviating the necessity of quaran

tine. Coway] told us the other day, as if with au- nians have sent a circular asking shippers to

To prevent, therefore, the introduction of cholera thority, that it is entirely useless, that this dis- | bring their ships to Boston because there are by vessels, the vessels themselves and all their conease, cholera, is not contagious, is not infec- no quarantine laws there, and no trammels

tents need but to be kept under the constant supertious, cannot be fenced up, and it is useless to

vision and control of sanitary law. upon commerce. It is well known to all that it

Further information on this grave topic with regard attempt it. I do not know how that is. I am is utterly useless to enforce a strict quarantine to the necessities of the case and the means of relief not a medical man. I do not know but that in New York and leave all the adjacent ports

may be had by consulting the report of the select medical authorities are disagreed upon it; I

committee of the Senate on "the sickness and moropen. If the cholera were to land in Boston

tality on board emigrant ships." Thirty-Third Conbelieve they are. This proposition says nothing it could be transported to New York in eight gress, first session, No. 386, August 2, 1854. more than that the several officers named shall hours. · If it were to land in Jersey City it

It is greatly to be regretted that in the discussions be a board of commissioners to take the con

relating to and the enactment of laws for the supcould be transported there in thirty minutes.

pression of epidemics by quarantine, &c., too little trol of this matter. If they are instructed or The object of this measure, as I have said, attention is given to that most valuable feature of shall become satisfied that this disease is not is to establish a uniform system of quarantine,

sanitary zcience and practice, the preventure of dis

ease. I would therefore respectfully suggest that in contagious, is not infectious, is not portable, and I simply ask for a vote upon it. I believe

the resolution referred to, power should be given to that there is no danger to be apprehended from that if the disease has been kept in New York enforce such regulations on all passenger vessels as it growing out of our commercial relations with harbor for six months and fourteen days with: may be deemcd essential to this important end. other countries, then I think we ought in the out landing, it may, under a rigid system of

Very respectfully,

JOHN H. GRISCOM, M, D. interests of our commerce to say to the muni- | quarantine, be kept there longer and perhaps | Hon. LA FAYETTE S. Foster, cipal authorities of New York and of every || forever. But, sir, suppose through our non

President of the United States Senate. other city, “You must not stop the national | action, or through our injudicious action, the P.S. I observe by this morning's paper the probaships on the highways, let ther come to their || cholera should land and a hundred thousand bility of the failure of the joint resolution. In that

event it is earnestly to be hoped that some measure regular docks, and let them be discharged in | lives be lost, I certainly should feel that there

may be adopted by Government, independently of the due course of their business." We ought was a weight of responsibility and of guilt rest- quarantine, for the enforcement of sanitary regalato relieve them from that embarrassinent. We | ing upon me if I did not press this measure for

tions on shipboard, it being demanded by science, ought to make up our minds to one of two favorable action by the Senate. I now simply

by humanity, and by the best interests of the coun

try. Recent improvements in all matters pertaining things, either that this is a national enemy, to ask that a vote may be taken and the propo- thereto will greatly facilitate their application, be giarded against, to be shut out, or that it is || sition adopted.

JOIN H. GRISCOM. not a national enemy, and therefore relieve our As to the question of the constitutional right The PRESIDENT pro tempore. The quescommerce from all disabilities and all burdens and power of this Government in the premises, || tion is on the amendment proposed by the by reason of it.

while I do not question the sincerity of my || Senator from Massachusetts [Mr. Sumnen] to

[ocr errors]

the amendment reported by the Committee on Commerce.

Mr. GRIMES. What is the amendment to the amendment? I should like to hear it read.

The Secretary read the amendment to the amendment, which was in line three of the amendment of the committee, to strike out the word " War" and insert "the Treasury;" in line four, to strike out the words "the Navy' and insert "War;' and in line five to strike out the words - Treasury, whose concurrent action shall be directed by the Commander-in-Chief of the Army and Navy,'' and insert “Navy, under the direction of the President of the United States;'' so that the amendment will read :

That it shall be the duty of the Secretary of the Treasury, with the coöperation of the Secretary of War and the Secretary of the Nary, under the direction of the President of the United States, to adopt an efficient and uniform system of quarantine against the introduction into this country of the Asiatic cholera through its ports of entry whenever the same inay be threatened by the prevalence of said disease in countries having direct commercial intercourse with the United States.

2. That he shall also enforce the establishment of sanitary cordons to prevent the spread of said disease from infected districts adjacent to or within the limits of the United States.

3. That said Secretaries are hereby authorized to use the means at their cominand to carry out the foregoing provisions.

4. That it shall be the duty of the Secretary of State to open a correspondence with the foreign Powers whose proximity to the United States will endanger the introducian of Asiatic cholera into this country through their ports and territory, soliciting their coöperation with this Government in such efforts to prevent the introduction and spread of said disease: Provided, That this resolution shall continue in force from its passage until the second Monday in December, A. D. 1866, and no longer.

The amendment to the amendment was agreed to.

The PRESIDENT pro tempore. A verbal amendment was proposed by the Senator from Verinont, [Mr. EDMUNDS,] striking out the word "he" in the twelfth line and inserting “they,'' to make the language correct, so that it will read, that they shall also cyforce the establishment of sanitary cordons,'' &c. That correction will be made if there be no objection. The question now is on the amendment as amended.

Mr. MORRILL. On that question I ask for the yeas and nays.

The yeas and nays were ordered.

Mr. HARRIS. I move further to amend the amendment by striking out in line three the words "it shall be the duty of” and inserting after the word “Treasury' in the same line the words "shall be authorized in aid of the State or municipal authorities;'' so that it will read:

That the Secretary of the Treasury shall be authorized, in aid of the State or municipal authorities, with the coöperation of the Secretary of War and the Sccretary of the Navy, under the direction of the President of the United States, to adopt an efficient and uniforın system of quarantine, &c.

It will be perceived that the object of my amendment is, instead of authorizing directly these Federal authorities to take this whole matter into their hands to the exclusion of the State authorities, to provide that they shall act in aid of them and in coöperation with them. It is, in effect, authorizing the General Government, as it was in the resolution that came from the House of Representatives, to aid the State and municipal authorities in enforcing their quarantine.

Mr. CHANDLER. I will ask the Senator if he understands his amendment to authorize them to act where the State or municipal authorities do not act. The object of the committee's amendment is to enable them to act where no action is taken by the State or municipal authorities. Unless the Senator's amendment gives that power, it does not effect the object contemplated in this measure. I hope the amendment will not be adopted unless it does give that power. The expectation is that they will act in aid of the inunicipal authorities, but we wish to give them the power to act where the municipal authorities fail to act.

Mr. IIARRIS. I prefer the original resolution as it came from the IIouse of Representatives, and the amendment that I have offered

substantially accomplishes the same thing. If fore my day. I do not like to confess that I Senators have a preference for the proposition | know much about the quarantine regulations reported by the Committee on Commerce, I of that time. But, sir, I have failed to find desire to insert this feature of the original res- any legislation of Congress on this subject exolution in the committee's amendment. My || cept in aid of the State laws in 1832 and 1833. preference would be to vote down their amend || All the legislation of Congress from the origin ment and adopt the resolution as it came from of the Government down to the present time, the House.

so far as I have been able to find, has been Mr. CHANDLER. I hope that will not be | simply in aid of State laws, and even when we done.

were threatened with the worst forms of disThe amendment to the amendment was ease, cholera, yellow fever, and other diseases, reiected.

Congress has never undertaken to interfere The PRESIDENT pro tempore. The ques. with the State regulations. The Senator will tion now is on the amendment reported by the find no legislation assuming jurisdiction over Committee on Commerce, on which the yeas this subject. I do not pretend to say that Conand nays have been ordered.

gress has not the power. In fact, like the SenMr. HENDERSON. Before the vote is taken ator from Wisconsin, I say what I am now I wish to say that in voting against this amend- saying before I vote on this subject because I ment of the committee I do not desire to nega- shall vote against the amendment, and I desire tive the power of Congress on this subject. I to say this much in order to declare that I have heard no complaint against State laws on believe Congress has the power. I believe they the subject of quarantine in this discussion, and have full and entire power. The Senator from I think it altogether likely that the quarantine Michigan is correct on that subject. regulations now established by the different But if we, on account of the fact that we are States and the different cities are much better now threatened with the appearance of this than would be established in the course of any disease among us, when the States, for the short time under this act of Congress. The protection of their own citizens, have adopted dificulty will be that, needing the quarantine the most perfect system, as I understand, of immediately, in overthrowing those very excel, quarantine, undertake to assume jurisdiction lent quarantine regulations at New York and over it on the recommendation of a few phyother points, we may, in the conflict of juris- sicians who perhaps-I do not pretend to say diction, fail to get any good quarantine regula- that such is the fact-may be interested in tions at all. I have heard no complaint against putting themselves prominently forward as the those regulations. Gentlemen bave urged none champions of some new system of quarantine, that amount to anything. If I understand it may it not produce danger and difficulty, and, properly, the regulations of New York are per in fact, aid in the dissemination of the disease haps superior to any regulations ever established instead of preventing it? Under the circumin this country. They are the most perfect that stances I think it is better to vote down the can now be established; and inasmuch as we amendment and to adopt the joint resolution need the benefit and advantage of an estab

as it came from the House. If we do anylishment of this character at present, and will thing on this subject, let us assist the States. need it for the next few months, I think it | If any reasonable complaint exists against the better not to interfere with it. In case of the quarantine regulations of the different States, passage of the amendment I am very well if it be probable or possible that they have assured that we shall have a conflict in juris- || neglected to protect their own citizens, and in diction. It is not necessary to bring about that consequence of this neglect the disease may conflict if the States are doing their duty; and spread into the interior of the country, then, is it reasonable to suppose that they will not perhaps, it may be necessary for us to adopt do their duty ? In the protection of their own some regulation to protect citizens in the incitizens against the ravages of this disease they || terior, when those upon the sea-board will not will necessarily have to protect the interior of protect themselves; but I can scarcely think the country.

it possible. We have now State governments Within the last few minutes I have referred in all the States. They have one in Louisiana; to the legislation of Congress on this subject. | they have one in South Carolina; they have In 1796 Congress passed the following act: one in each of the different States; and will “That the President of the United States be, and

they not go to work to protect themselves? I he is hereby, authorized to direct the revenue officers think, under the circumstances, we had better and the oflicers, commanding forts and revenue-cut- let the State regulations stand; and if we do ters to aid in the execution of quarantine, and also in the exccution of the health laws of the States,

anything whatever, our officers whom we aprespectively, in such manner as may to him appear

point here can make such suggestions to the

State Legislatures, perhaps, as may induce a Afterward, in 1799, a similar act was passed. better system of legislation than they have. The officers of the United States were directed I think it, therefore, much better to take the simply to aid the officers of the States and to original resolution that came from the House carry out the quarantine regulations adopted and not to assume at present a jurisdiction by them. In 1832, when we were threatened which I admit we possess, but which will bring with the cholera, Congress passed another act,

about a conflict and perhaps destroy any good not assuming any jurisdiction over the subject and perfect system of quarantine. at all, but carrying out the views entertained MR. CHANDLER. I admit that the quarin 1796 and also in 1799. That act, passed antine at New York has been efficacious, and on the 13th of July, 1832, is in the following there is no intention or expectation that the words:

Government will interfere where the quaran

tine is efficacious. The object of this measure “That if in the opinion of the Secretary of the Treasury the revenue-cutters, revenue-boats, or rev,

is to make it uniform; that where the States enue oflicers, employed or authorized to be employed or municipalities have failed to do their duty, for the purposes of the revenue, should be sufficient

the General Government shall have the power to aid in the execution of the quarantine and health laws of any State or the regulations made pursuant to step in and compel its being done. It is thereto, the said Secretary may cause to be employed absolute. such additional revenue-boats and revenue officers as he inay deem necessary for that purpose, the said

I shall vote against the House resolution as revenue-boats to be of such size and description as it came to this body, because it is totally inefli. he may see proper. This act to continuo in force cient. It is utterly useless to have even a very until the 4th of March, 1933."

efficient system of quarantine in New York That was in 1832, when surely we were harbor if there is no quarantine at all in New threatened much more imminently with the Jersey. It is absolutely useless to have an effiravages of this disease than we now are. cient quarantine in New York and fail to have

Mr. CHANDLER. I should like to ask the it in Norfolk, because it is well known the moSenator from Missouri if the quarantine regu- ment the cholera lands it spreads. It may lations of 18:32 proved perfectly satisfactory to

come into New York the back way, as it came him and eficacious in preventing the landing | into Italy across the Alps. No one who has and spread of the cholera.

cver been in Italian cities will say they are not Mr. HENDERSON. That was rather be- more liable to the ravages of cholera than the




cities in France. Take Naples, that actually Mr. CHANDLER. Do you wish an answer do not overturn it you are not going to carry breeds the material that furnishes victims for

out the provisions of the law which requires it the cholera ; and yet the cholera passed by Mr. GRIMES. Any time that will suit the to be uniform, unless they adopt the New York Naples and landed at Marseilles; it passed || convenience of the Senator.

system. Thus you make the system that has Genoa and Rome and all the Italian cities, and Mr. CIIANDLER. I desire to give all the been established at New York the system that was finally brought from Marseilles across the light I can to the Senator from Iowa. In case shall be established at San Francisco and New Alps into northern Italy. If we keep the chol- a ship should come into Boston with the chol. Orleans, in a different sort of climate and under era out of New York and let it land in Phila- era on board, and one of his fleet or one of different circumstances, and that carry on a delphia, or if we keep it out of New York and mine should happen to be there, I suppose different sort of commerce with altogether diflet it land in Boston, there is no use of keeping || either the Secretary of the Treasury or the Sec- ferent ports in the world. Under the provisions it out of New York. The object of the prop- retary of the Navy would order that ship to of the amendment reported by the Committee osition reported by the committee is—and' I hold the vessel at quarantine instead of per- on Commerce, you have either got to overturn shall vote against any measure that does not | mitting her to land at the dock. As for dis- the system they have in New York, or else give that power-to make the quarantine uni- || missing any officers or appointing a board of you have got to establish the New York system form throughout the United States, or place it health with salaries, and all that sort of thing, as a sort of Procrustean bed upon which all in the power of the Secretaries to make it so. I do not expect them to do it; but I expect the other establishments in the United States, I hope the amendment of the committee will that they will enforce a quarantine, even should ou both sides of the continent, shall be built be adopted as it stands. If it should be de- the citizens of Boston fail to enforce one. up; for the law expressly requires that the feated, I shall vote against the House resolu- Mr. GRIMES. I understand from what the whole system shall be uniform throughout the tion, because I do not deem it of any sort of Senator now says that so far as the city of Bos- United States, on your northern coast in Minconsequence whatever.

ton is concerned, taking that as an illustration, nesota, and on your southern coast in Texas. Mr. HENDERSON. I desire to ask the it is merely accidental whether anything will Mr. CHANDLER. The Treasury has agents Senator if he thinks the system of quarantine | be done there or not. If a vessel having the in every exposed port to-day; the Navy has a ought to be uniform throughout the United cholera on board comes in there, and there great many agents; the Secretary of War a States. What is a perfect system of quaran- happens to be a revenue-cutter or a ship-of- great many agents. The Senator, of course, tine in one State may not be so perfect in an- war there, she will take charge of it; but sup- can imagine anything. There are great powers other. This very uniformity of which he speaks pose there should not happen to be a paval contained in this measure, I admit, but it is not would be a great objection to any system of vessel or a revenue-cutter there; then what? || anticipated that those powers will be abused. quarantine.

Mr. CHANDLER. I have not gone through I do not anticipate it, and I do not think the Mr. CHANDLER. The language here is, all the details of what might occur. I suppose Senator from Iowa does. It is true under the that they shall adopt a uniform and eflicient I could imagine eight or ten thousand cases powers contained in this proposition abuses system of quarantine.''

that might occur, but which may never arise, || might grow up. It is a temporary measure, Mr. HENDERSON. Then the inhabitants that I am not prepared now, at a moment's which is to terminate on the second Monday of the district are the best judges in regard to notice, to decide; but I infer that the three in December next. It is expected that the that. What may be a very perfect system at gentlemen named, or even the Senator from present existing agencies of the several DeNew York will not be so at New Orleans, and Iowa and myself and some other gentleman, partments will be instructed to adopt certain what may be perfect at New Orleans will not were we put in charge of this matter, would measures, and if it be necessary to appoint be so at New York, because these ports are adopt what seemed to be the best and most other agencies they will be appointed. Howdifferently situated.

efficient system that we could, under the cir- ever, I do not deem it necessary to answer the Mr. CÉANDLER. Are you not willing to cumstances of the case that might arise. Senator from Iowa. I simply ask for a vote trust this board with that power?

Mr. GRIMES. I think enough has been on this proposition. Mr. HENDERSON. think we can trust said to satisfy the Senate that this measure The PRÉSIDENT pro tempore. The Chair the States a great deal better.

proceeds upon this idea, and this idea alone, will put the question the moment the debate is Mr. GRIMES. I have got a little light from ihat the coinmission to be created by this res- terminated. The question is on the amendwhat the Senator from Michigan has now said, olution shall immediately proceed to organize, ment reported by the Committee on Commerce in addition to what he has bestowed on the in anticipation of the advent of the cholera; as a substitute for the original resolution. Senate on former occasions on this subject, that there shall be quarantine officers estab- The question being taken by yeas and nays, and I should like to have a little more. 1 lished at Boston, at Philadelphia, at Baltimore, resulted--yeas 17, nays 19; as follows: understand him to say it would be useless to and at Norfolk, whether there is any cholera YEAS- Messrs. Chandler, Conness, Cragin, Edestablish quarantine at New York and not to there or not; and it must be so if you are going munds. Iloward, lIowe, Morgan, Nesmith, Nye, Poestablish it at Norfolk or Boston. to have a uniform system ; and I understand

land, Pomeroy, Ramsey, Stewart, Sumner, Wade,

Wilson, and Yates--17. Mr. CHANDLER. If they have no quar- that that is the spirit of the resolution. The NAYS— Messrs. Buckalew, Clark, Davis. Dixon, antine there. Senate can see what a vast machine this is going

Fessenden, Foster. Grimes, Guthrie, Harris, IlenderMr. GRIMES. I want to know of the Sen- to be, if we are to establish a uniform system

son, Hendricks, Kirkwood, McDougall, Morrill, Nor

ton, Ridle, Sprague, Van Winkle, and Willey-19. ator if it is proposed or contemplated by the for every harbor on the coast of the Atlantic, ABSENT-Messrs. Anthony, Brown, Cowan, CresCommittee on Commerce, who reported this every harbor on the Gulf of Mexico, and every well, Doolittle, Johnson, Lane of Indiana, Lane of amendment, or by himself as its chairman, that harbor on the coast of the Pacific, all to be

Kansas, Saulshury, Sherman, Trumbull, Williams,

and Wright-13. this quarantine shall be established simultane. controlled by a central power here at Wash

So the amendment was rejected. ously at New York, New Orleans, Boston, and || ington that cannot by any possibility be corall along the coast. rectly informed as to the particular local cir

Mr. CHANDLER. I now move to lay the Mr. CHANDLER. Does the Senator desire cumstances attending each of those points

joint resolution upon the table, and ask for an answer now? where the quarantine is to be established.

the yeas and nays upon that motion. Mr. CRIMES. Yes, sir.

Again, the Senator says that they do not


yeas nays were ordered; and being Mr. CHANDLER. We do not expect that intend to interfere with any quarantine already taken, resulted-yeas 15, nays 23; as follows: there will be any interference. We believe that established.

YEAS - Messrs. Chaudler, Conness. Edmunds,

Howard, Howe, McDougall, Nesmith, Nye, Poland, these three gentlemen are men of common sense, Mr. CHANDLER. Which is efficient.

Pomeroy, Ramsey, Sumner, Wade, Williams, and and where they find an eflicient system they will Mr. GRIMES. Which is efficient. Suppose

Yates-15. not interfere with it. Where there is no quar- this board should decide that the quarantine

NAYS- Messrs. Buckalcw, Clark, Cowan, Davis,

Dixon, Fessenden. Foster, Grimes, Guthrie, Harris, antine, and a ship comes in infected with the established at New York is not efficient; then, Henderson, Hendricks, Kirkwood, Morgan, Morrill, cholera, and we have a national ship or a rev- I suppose, they are to overturn it. Is not that Norton, Riddle, Sherman, Sprague, Stewart, Van enue-cutter there, we expect this board will, the idea of the Senator?

Winkle, Willey, and Wilson-23.

ABSENT-Messrs. Anthony, Brown, Cragin, Cresat the very earliest moment, take measures to

Mr. CHANDLER. They have the power well, Doolittle, Johnson, Lane of Indiana, Lane of quarantine that ship, whether it be at Norfolk, . under this proposition.

Kanses, Saulsbury, Trumbull, and Wright-11. New Orleans, or anywhere else.

Mr. GRIMES. And it is the intention that So the motion was not agreed to. Mr. GRIMES. I understand, then, that the || it shall be overturned, I take it.

Mr. CHANDLER. I ask that the joint resSenator from Michigan does not contemplate, Mr. CHANDLER. No, sir.

olution as it came from the House, be now although this proposition would authorize them Mr. GRIMES. Not if it is not efficient?

reported to the Senate. to do so, that this board will interfere with the Mr. CHANDLER. But it is efficient.

The Secretary read the resolution, as follows: quarantine regulations now established at the Mr. GRIMES. But suppose the Secreta- Rcroloed, That the President be, and he hereby is, barbor of New York.

ries of War, of the Treasury, and of the Navy, authorized to make and carry into effect such onders Mr. CHANDLER. Not at all. here at Washington, influenced by such influ

and regulations of quarantine as in his opinion may Mr. GRIMES. But that inasmuch as he tells

be deemed necessary and proper, in aid of State or ences as may be brought to bear from New

municipal authorities, to guard against

the introducus there is no quarantine established at Boston, York upon them, are satisfied that it is not tion of the cholera into the ports of the United States; this board will at once close up the harbor of quite as efficient as they think it ought to be,

and the President is further authorized to empower

the military and naval commanders in ports and Boston, appoint its various officers, pay them as another set of doctors not in command there

places in the States that have been or are in insurrecsuch salaries as are probably paid to quarantine | think it ought to be; then it is the duty of these tion to enforce such quarantine regulations as may officers now at New York, although there may departmental officers to overturn that system,

be deemed necessary for the purpose of guarding

against the introduction of cholera or yellow fever, be no cholera there or any anticipation of the as I understand it. I understand the Senator

and to provide for the proper care and treatment of cholera coming. I merely wish to learn from from Wisconsin, [Mr. Howe,] who advocates patients. And such an amount of money as may be the Senator from Michigan whether I appre- this measure, to assent to that proposition.

necessary to carry into effect this joint resolution is hend him correctly.

hereby appropriated out of any money in the TreasNow, it will at once be observed that if they ury not otherwise appropriated.

Mr. CHANDLER. It will be noticed that that one man, a wise man, governing a nation The joint resolution was reported to the this joint resolution places extraordinary power, is better than a nation governed by a multi- Senate as amended, and the amendments were not in the hands of a board, but of one indi- tude; but that is not our system of govern

concurred in. vidual. It will be seen by the first line of it ment, and it is not the way we were established Mr. HOWE. I shall occupy the attention that the President is “ authorized to make and formerly. This resolution, as it stands, places a of the Senate but a moment. I simply wish carry into effect such orders and regulations of vast power that may be handled simultaneously to call their attention to what they are probaquarantine as in his opinion may be deemed || by the executive officers without limit, without | bly going to agree to. They are going to put necessary and proper, in aid of State or muni- restraint, and for what purpose God Almighty substantially the same power in the hands of cipal authorities, and the last clause of it will know when the thing has been done. It the Secretary of the Treasury, and incur preprovides :

is wrong in principle, and against the whole cisely the same obligations, as were proposed And such an amount of money as may be neces- policy of our Government. The whole prop- in the amendment that was reported by the sary to carry into effect this joint resolution is hereby osition is radically wrong.

committee. There is this difference: the plan, appropriated out of any money in the Treasury not otherwise appropriated.

I only advance these observations because the system, the style of quarantine is to be

it is well for us once in a while to recur to the agreed upon by the States or the municipaliBy this resolution you authorize Andrew Johnson, President of the United States, to

principles upon which our Government is based. ties, and the Government of the United States appoint ten thousand agents to go anywhere || resolution by striking out all after the word | authorities and foot the bills. I thought if we

Mr. HENDERSON. I move to amend the || is simply to be commanded by these local and do anything that he may say is in aid of

"to” in the eighth line down to and including || had to pay for the fiddling we ought to have State sanitary regulations. I will not discuss

the word "patients in the fourteenth line, the right to name the tune and call the figures, so monstrous a proposition. I will not vote and to insert the following:

[laughter,) and so I vo for the amendment for it. It is an improper resolution. I was will

Direct the revenue officers and the officers com- reported by the committee. I do not care to ing to intrust great powers in the hands of three manding forts and revenue-cutters to aid in the exe- see the United States dancing to the tune of men, in some of whom certainly I have great cution of such quarantine, and also in the execution confidence, but I am not willing to intrust all of the health laws of the States respectively in such

all these municipalities; and therefore I shall manner as may to him seem necessary.

not vote for the resolution as it stands. If the powers in the hands of one man in whom I have no confidence without limitation as to the num

Mr. CLARK. Why not insert "Secretary Senate does, no doubt it will be all right.

of the Treasury'' instead of “ President?" Mr. CLARK. I think there is a great deal ber of men who may be employed, or the amount

Mr. HENDERSON. I have no objection.

of difference between the resolution as it now of money that may be appropriated.

I will move also to strike out the word "Pres- stands before the Senate and the amendment Mr. SUMNER. It is a monstrous proposi- | ident" in the third line and insert "Secretary as reported by the committee-a very great tion. of the Treasury.”

difference as to the power. The resolution, Mr. CHANDLER. Yes, sir, it is a mon

Mr. CLARK. He has charge of the revenue- as it now stands, authorizes the Secretary of strous proposition. cutters.

the Treasury, if in his judgment anything of Mr. McDOUGALL. Mr. President, in the Mr. HENDERSON. I do not see why we that kind is required, to make such orders and person of whom the Senator from Michigan | need put the military and the Navy in opera- | regulations as he shall deem to be necessary speaks I have great confidence, but notwith

tion about this thing. There is no necessity for the purpose of aiding the quarantine in standing that, in my judgment, this resolution for it.

various places where it is not efficient; but is an unwise resolution. It is giving a power Mr. CLARK. The Secretary of the Treas- the proposition reported from the committee into the hands of the Federal Executive which,

ury is the proper officer to enforce this resolu- | required the Secretaries named to adopt an used with great wisdom, might be used well; tion.

efficient and uniform system of quarantine but a power with which he need not be intrusted,

Mr. HENDERSON. I have adopted the from one end of the country to the other. and his being intrusted therewith will be, in language of the act of 1796 in drawing this There is a very great difference, in my judga my judgment, of no value for our safety against amendment. I will modify it by striking out ment, between quarantining every port in the the contagions that some people think threaten

the words “forts and" before the words “rev- United States in a uniform way, and aiding us. I am of the opinion that cholera is the child

enue-cutters. There is no necessity of requir- || the authorities in the different localities to do of fear, and not the offspring of contagion. I ing commanders of forts to assist in this mat

what is absolutely necessary. Suppose a ship am of the opinion that all this business can be

The revenue-cutters will be sufficient. should come into the port of New Orleans. best conducted in the localities where it is best

The PRESIDENT pro tempore. The amend- Under the committee's proposition you would understood. Suppose a contagious disease ment as modified will be read at the desk. have to send to the Secretary of War and the should come across the Pacific and approach The Secretary read the amendment, which Secretary of the Treasury and the Secretary our western shores, what would the President

was in line three to strike out the word “Pres- of the Navy to establish a quarantine there. of the United States or his council know of it? ident and insert “Secretary of the Treasury, As the resolution stands at present, the inhabNothing. If it should come in many sections and in line eight after the word "to" to strike itants of the port establish their quarantine, of the southern coast, what would they know out the following words:

and if it is not found to be efficient, or there is of it? I say again, nothing:

Empower the military and naval commanders in any regulation necessary, the Secretary of the The philosophy of this disease is not yet ports and places in the States that have been or are in Treasury makes his regulation, and asks the altogether understood among the most wise, insurrection to enforco such quarantine regulations

revenue officers and the revenue-cutters to the sarans of the world. Men have their own

as may be deemed necessary for the purpose of guard-
ing against the introduction of cholera or yellow fe-

enforce that quarantine. That is a very differspeculations upon it. I have mine. I min. ver, and to provide for the proper care and treatment ent matter from what was proposed in the gled with it in its first advent into the United of patients.

committee's proposition. States. I saw it face to face, and I saw it with

And to insert in lieu thereof:

Nor do I understand that by this resolution out fear, and therefore I did not get it. This

Direct the revenue officers and the officers com

the General Government is dancing an attendmanding revenue-cutters to aid in the execution of thing of legislating against pestilences is mere

such quarantine, and also in the execution of the ance upon the State governments. I have no child's play, shooting child's arrows at the health laws of the States respectively in such man- partiality or preference as to which shall go in In localities it is well that they, taking ncr as may to him seem necessary.

the van.

I understand the object to be to care of their particular localities, guard them

So that the resolution will read:

prevent the cholera from coming into the Uniselves; but for the Federal Government to

That the Secretary of the Treasury be, and he

ted States; and if, in any port, the State gove hereby is, authorized to make and carry into effect undertake such administration is a piece of such orders and regulations of quarantine as, in his

ernments are not efficient, I have no objection absolute folly. People seem to forget, and opinion, may be deemed necessary and proper, in the to the national Government coming in to aid Senators seem to forget, that we are a nation

aid of State or municipal authorities, to guard against it to be done. embracing a vast continent; that in the details the introduction of the cholera into the ports of the

Mr. CHANDLER. It cannot be done under United States; and the Secretary of the Treasury is of physical economy the man who lives in Bos- further authorized to direct the revenue officers and this resolution. ton knows nothing of the condition of the men

the officers commanding revenue-cutters to aid in the Mr. CLARK. The Senator from Michigan who live at St. Louis and New Orleans, and

execution of such quarantine, and also in the execu-
tion of the health laws of the States respectively in

says it cannot be done under this resolution. much less of those who live at San Francisco. such manner as may to him seem necessary. And I ask him why. To undertake to establish rules and regulations such an amount of money as may be necessary to Mr. HOWĚ. I will answer the Senator, if here, to be administered at the center of this

carry into effect this joint resolution is hereby appro-
priated out of any money in the Treasury not other-

he will permit me. Federal Government, with regard to physical wise appropriated.

Mr. CLARK, I shall be glad to bave the economy, is absolute folly. Science has not The amendment was agreed to.

Senator answer. grown so large as to be able to instruct men

Mr. EDMUNDS. I offer the following

Mr. HOWE. It is simply because if the city how to teach these things at such distances. amendment, to be inserted at the end of the l of New York adopt some quarantine regulaIt is my opinion that the States themselves who resolution :

tions there, the General Government has the have the charge of their own domestic police Provided, That the authority hereby granted shall right, under your resolution as it now stands, (for this is but a police regulation, and the expire on the second Monday in December, A. D.1866. | if you pass it, to come in with her Treasury and police government belongs to the States and Mr. CLARK. I suggest to the Senator to pay the expenses of carrying out those regulanot to the Federal Government) will be best say the first Monday in January, 1867, so that tions; and under those regulations a ship may able to ascertain what the immediate necessity it shall not expire until a month after Congress || be prevented, if she has cholera on board, from demands and act upon it with prudence and comes together again; and then, if it be neces- || coming to the dock and spreading it; but if not with this extended power. sary, we can renew it.

the city of Brooklyn sees fit not to adopt any If it be proposed by Senators to consolidate Mr. EDMUNDS. I will so modify the such regulations the vessel can go over there the Government and place it in the hands of amendment.

and the United States cannot help herse:lf. one man, then I remember it has been said

The amendment, as modified, was agreed to. Mr. CLARK. Allow me to suggest to the



« PreviousContinue »