Charles Sumner: his complete works, volume 14 (of 20) — John Shaqi
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
Nor do I understand that this is an exercise of power for the first
time. It is nothing more than a new application of an old power, or
an expansion of an old power to a new condition of circumstances, and
perhaps I may say enlarging the old power, because the circumstances
require the enlargement. I do not understand that any new fountain is
opened. No new source is drawn upon; no new principle is invoked. We go
back to the original text so often applied in kindred cases, and insist
upon its application now.
If I understand the argument of the Senator, it is that all quarantine
regulations belong to the States exclusively. Am I right in that?
MR. MORRILL. Most of them.
MR. SUMNER. The Senator, I understand, says they belong
exclusively to the States.
MR. MORRILL. Yes.
MR. SUMNER. If I carry the idea of the Senator still further, it
would be to say that the Government of the United States might make
all possible regulations with reference to passengers water-borne,
but could not touch them with any sanitary regulation the moment they
entered our harbors. Such is the inevitable conclusion; and permit me
to say, it is an absurdity. I will not consent thus to despoil the
National Government of a power which to my mind seems so essential to
the national health.
After quoting the statute of February 25, 1799, entitled “An
Act respecting Quarantines and Health Laws,” by which United
States officers are directed to assist State officers in
enforcing the quarantine, Mr. Sumner proceeded:--
Now I submit that this statute of 1799 relating to quarantine contains
a jumble or confusion not unlike that in the Fugitive Slave Act of
1793,--that is, a recognition of a concurrent jurisdiction in the State
and National Governments over this question. The measure now before the
Senate would follow out the general principle or reasoning of later
years, and assure the jurisdiction to the Federal, or, as I always like
to call it, the National power. It would secure it to the National
power; and to my mind it properly belongs to the National power, and
no ingenuity of the Senator from Maine can satisfy me that it should
not be intrusted to the National power. It is essentially a National
object, and can be performed effectively and thoroughly only through
the National arm. If you intrust it to the different local authorities,
you will have as many systems as you have States or communities, and
you cannot bring your policy to bear with that unity which it ought
to have in dealing with so deadly a foe. You should be able to carry
into this business something of the combination and directness of
war. At the same time I beg to say, as I have heretofore said, that
I do not recognize this in any respect as a military remedy. I treat
it absolutely as commercial; I derive it from a commercial power; and
by the amendment which I have introduced I would place it under the
direction of the Secretary of the Treasury.
Public-domain text, read in full here on John Shaqi.
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