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
The Senator from Maryland has referred us to the decisions of the
Supreme Court which in his opinion bear directly on this point; but,
Sir, with the ingenuity of a practised lawyer, he has omitted to
remind us of that decision which, perhaps, of all others, is the most
applicable. With the permission of the Senate, I will make up for the
deficiency of the learned Senator, or at least endeavor to do so. I
refer to the case of _The United States_ v. _Coombs_, in the twelfth
volume of Peters’s Reports. There you will find one of the able and
well-considered judgments of the late Mr. Justice Story, particularly
treating this question. By “this question” I mean the power of Congress
under the National Constitution to regulate commerce with foreign
nations and among the several States. I will read a passage from his
judgment, page 78:--
“The power to regulate commerce includes the power to regulate
navigation, as connected with the commerce with foreign nations
and among the States. It was so held and decided by this
court, after the most deliberate consideration, in the case of
_Gibbons_ v. _Ogden_, 9 Wheaton, 189 to 198.”
All that the Senator will of course recognize; for, indeed, he has
admitted as much in what he has said and cited. The learned judge then
proceeds:--
“It does not stop at the mere boundary-line of a State; nor
is it confined to acts done on the water, or in the necessary
course of the navigation thereof. It extends to such acts,
done on land, which interfere with, obstruct, or prevent the
due exercise of the power to regulate commerce and navigation
with foreign nations and among the States. Any offence which
thus interferes with, obstructs, or prevents such commerce and
navigation, though done on land, may be punished by Congress,
under its general authority to make all laws necessary and
proper to execute their delegated constitutional powers.”
Those are the pointed words of Mr. Justice Story.
MR. MORRILL. Will the Senator allow me to ask him a question?
MR. SUMNER. Certainly.
MR. MORRILL. That is, to regulate commerce.
MR. SUMNER. To regulate commerce.
MR. MORRILL. Does the Senator mean to be understood that a
regulation in regard to cholera, a disease, is a regulation of
commerce?
MR. SUMNER. I do, certainly.
MR. MORRILL. Then the cholera is commerce?
MR. SUMNER. No; cholera is not commerce, but cholera comes from
passengers.
MR. MORRILL. Then is the regulation of it commerce, or is it
the treatment of a disease? Is it a regulation of health, or a
regulation of commerce?
MR. SUMNER. It is connected with commerce, and must be treated
in its appropriate connection.
…
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