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
And this brings me, Sir, to the proposed amendment of the Senator
from Vermont [Mr. EDMUNDS]. He moves to strike out the clause to which
I called attention the other day, and to substitute certain words
creating a commission. I objected to this clause the other day; I will
read it now:--
“That it shall be the duty of the Secretary of War, with the
coöperation of the Secretary of the Navy and the Secretary of
the Treasury, whose concurrent action shall be directed by the
Commander-in-Chief of the Army and Navy, to adopt an efficient
and uniform system of quarantine against the introduction into
this country of the Asiatic cholera.”
I objected, it may be remembered, to this clause, as placing the bill
under the patronage of the war power. I did not think it needed that
patronage, though I was willing to admit that it might need sometimes
the exercise of the war authority; but I did not think it needed to
be derived from the war power. It was not from the nature of the case
an exercise of this power, but it was clearly derived from the power
over the commerce of the country; and I regretted, therefore, that the
framers of the bill had seemed to put the war power in the forefront.
The Senator from Vermont meets that suggestion by an amendment to the
effect that a commission shall be constituted, embracing the Secretary
of War, the Secretary of the Navy, and the Secretary of the Treasury. I
have no particular criticism to make upon the amendment. If the Senate
consent to it, I shall certainly be disposed to join. But I think a
better form still may be adopted, and one placing what we do more
completely and unreservedly under that power of the Constitution from
which I think it is derived,--that is, the power to regulate commerce.
I would therefore propose that the duty shall be confided primarily
to the Secretary of the Treasury, who, in the exercise of his powers,
shall be aided by the Secretary of War and the Secretary of the Navy,
under the direction of the President of the United States.
…
In making this change, we shall simply enlarge and expand the existing
powers of the Secretary of the Treasury. He is now the head of the
custom-house; he regulates the passenger system. Go further, and give
him these additional powers, that shall enable him, so far as he can,
to prevent the introduction of disease into the country. All that we do
will be in harmony with the practice of the Government, and I believe
above question. The Government, in the exercise of admitted powers,
will be, I trust, more than a match for the cholera.
May 15th, Mr. Reverdy Johnson replied, when Mr. Sumner
rejoined:--
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