Mr. Sumner. I think the Senator goes beyond the decision of the Supreme Court. He overrules that decision.
Mr. Morrill. I am precisely on a line with the License cases, in which the principle was applied to the importation of liquors.
Mr. Sumner. At a certain stage, I admit, the police power of the State may intervene; but I do nevertheless insist, as beyond question, that the power of the United States is complete over every passenger vessel arriving in the harbor, so that it may be subjected to any regulations in the discretion of Congress for the public good with reference to passengers. Of course, this discretion is to be exercised wisely for the public good, that the public health may not suffer. Strange, if the National Government, which is our guardian against foreign foes, may not protect us against this fearful enemy.
Mr. Morrill. I do not deny that; I agree to that.
Mr. Sumner. Very well.
Mr. Morrill. Now my query is, Can the power of commerce, that power which regulates the passengers on their passage to this country, follow the passengers entirely into the States and overrule the internal police of the States? That is the question.
Mr. Sumner. The Senator puts a question running into that already propounded by the Senator from Iowa, and to which I was coming in due course of time. I have already arrived at it. I was illustrating the power that the Government would have in the harbor; and now let me give another illustration, familiar to my friend: it is with reference to goods. I need not remind the Senator, that, when goods arrive, subject to duties, the custom-house exercises its control, according to the prescription of law, not only while the goods are water-borne, but after they have been landed; and if they have been landed in violation of the law, it pursues them even into the interior.
Mr. Chandler. To the Rocky Mountains.
Mr. Sumner. It is enough to say that it pursues them into the interior. The National Constitution was not so absurd, nor have our courts been so absurd in its interpretation, as to recognize a power in the custom-house merely at the door of the granite structure, and to require that it shall stop there. No, Sir: the power must be made effective. We have made it effective with reference to goods. We have also, to a certain extent, made it effective, through decisions of the Supreme Court, with reference to passengers. It remains that we should carry it one stage further, and, for the public weal, and to secure the public health, which is a large part of the public weal, insist that this same power shall be invoked as in the pursuit of goods. I cannot see the difference between the two cases. I cannot doubt that the power over goods imported at our custom-house under Acts of Congress and the power over passengers introduced into this country under Acts of Congress are both derived from the same source, and you can find no limitation for one and no expansion for one which is not equally applicable to the other. I insist, therefore, that on this simple text you find ample power. You must annul the text, or at least limit it by construction and dwarf its fair proportions, or the power of Congress to provide against cholera is perfect.
But as Senators have such scruples about the second clause of the resolution,—