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.
The amendment of Mr. Sumner was agreed to without a division. The substitute of the Committee, thus amended, was lost,—Yeas 17, Nays 19. The original House resolution was then amended in conformity with Mr. Sumner’s amendment, by inserting “Secretary of the Treasury” instead of “President,” and passed,—Yeas 27, Nays 12,—and afterwards approved by the President.[29]