Charles Sumner: his complete works, volume 14 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 14 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
By the present resolution it is clearly proposed to regulate commerce
with foreign nations. Have not all regulations with regard to
passengers been under this power? Have they not all been to regulate
commerce with foreign nations? Can there be any doubt? Is it not as
plain as language can make it? Why, Sir, ever since I have been in
Congress we have had annual bills for the regulation of passengers
coming into our ports,--bills of different degrees of stringency,
laying one penalty here and another penalty there, all in the execution
of this unquestionable power.
MR. GRIMES. Will the Senator be kind enough to look at the
second clause of the amended proposition, where it says,--
“That he”--
that is, the Secretary of War--
“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”:--
not confining it to the lines between the States, but giving
him authority to establish cordons within the jurisdiction of a
State. I should like to know where the Constitution authorizes
such a thing as that.
MR. SUMNER. I am obliged to my friend even for interrupting me
to call attention to that section, though he will pardon me,
if I do not answer him at this moment, but when I come to that
part of the resolution.
MR. GRIMES. Any time will do, so that we get it.
MR. SUMNER. You will have it all.
I am dwelling now on the power derived from the positive text of the
Constitution to regulate commerce with foreign nations. I say, that, in
the execution of that power, we have undertaken to apply all manner of
restrictions and regulations to the transportation of passengers. We
have gone so far as to provide for the quantity of water on board each
ship in proportion to every passenger. We have subjected every ship to
regulations while at sea, and again to other regulations after arriving
in port. The exercise of the power is by practice placed absolutely
beyond question. Then it is intrenched in the very best judicial
decisions of our country. I submit that no person can raise a question
with regard to it.
MR. MORRILL. About regulating the importation of passengers
from foreign countries nobody raises a question or a doubt.
This is a question of quarantine, in its character police. Is
there any precedent in the history of the United States where
that power has been exercised by the General Government?
MR. SUMNER. I am very glad the Senator presses that question. I meet
it. Does the Senator mean to suggest that the same power that can reach
the sea, and determine even the quantity of water in the hold for each
passenger, cannot apply the minutest possible regulation when that same
ship arrives in the harbor?
MR. MORRILL. Will my friend allow me to answer him right there?
MR. SUMNER. Certainly.
Public-domain text, read in full here on John Shaqi.
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