Internal Revenue-Quarantine.

received, the disease might be introduced into the country, and great havoc made amongst our citizens. It appeared to him that the Government of each individual State was better calculated to regulate quarantine than the General Government, because upon the spot. And if the power was to On the motion of Mr. W. SMITH, the House be transferred from the PRESIDENT to the Collectresolved itself into a Committee of the Whole, on ors at each port, (and that he conceived must be the report of the Committee of Ways and Means the case,) it would put a vast deal too much power on the provision requisite for improving the inter-into their hands. He hoped, therefore, the bill nal revenues of the United States, and for more would not be agreed to. effectually securing the collection of the same; when a considerable debate took place on the first article, which is in the following words:

THURSDAY, May 12. The bill for preventing the sale of prizes in the ports of the United States was read a third time and passed.

The committee to whom was recommitted a bill from the Senate improving the act relative to the encouragement of Useful Arts, together with report of the committee to whom the said bill was referred, made a report; which was ordered to lie upon the table.

A communication was received from the Treasury Department, enclosing a statement of the exports of the United States for the year 1795; which was ordered to be printed.

[H. OF R.

coming into port-it being of the nature of a commercial regulation, to which, by the Constitution, Congress alone were competent. Without the first clause, there would be a radical defect in the bill.

Mr. SWANWICK said, if the section was struck out, the bill would have every desirable effect. All that was complained of, was, that the authority of any individual State could not compel vessels to perform quarantine; but if the PRESIDENT gave directions to the officers of the United States at every port to aid the State Governments in this respect, every effect would be obtained. The first section of the bill went only to direct the time Mr. W. SMITH reported a bill regulating grants during which quarantine should be performed, and of lands appropriated for military services, and at what particular place, which would certainly for the society of United Brethren, for be best determined by the State Governments. ting the Gospel; one for satisfying the claims of Indeed, most of them having already fixed on places the executors of the late Baron Steuben; and for the purpose, and erected suitable buildings for another for making further provision for the ex- the sick, for purifying goods, &c., it would be penses attending the intercourse with foreign na-attended with very great inconvenience if a differtions, and to continue in force an act providing for the expenses attending the intercourse between the United States and foreign nations. These three bills were twice read, and ordered to be committed to a Committee of the Whole; the two first on Saturday, the last on Monday.

propaga

ent place was to be fixed upon by the United States. It was said, the right of regulating quarantine did not reside in the States Governments; he believed it did, and that the individual States had conceived so, was evident from the expense which some of them had been at in erecting buildings, &c., for Mr. NICHOLAS reported a bill for altering the the purpose. He particularly alluded to the procompensation of the Accountant of the War De-visions made for this purpose by the State of Pennpartment, which was twice read, and ordered to sylvania on the Delaware. be committed to a Committee of the Whole to

morrow.

Mr. SITGREAVES would ask his colleague [Mr. SWANWICK] to point out the inconveniences which Mr. THATCHER reported a bill in addition to the would arise from passing the law in its present act establishing Post Offices and Post Roads with-state? It was true, the State of Pennsylvania had in the United States; which was twice read, and referred to a Committee of the Whole on Monday. Mr. Cort, from the Committee to whom was referred the petition of John Edgar, and others, of the Northwestern Territory, praying to be permitted to introduce slaves into that Territory from other States, reported against the petitioners; but with respect to their claim for certain lands, they reported in their favor. The report was read and ordered to lie on the table.

ON QUARANTINE.

The House went into Committee on the bill relative to Quarantine; and the motion of Mr. HEISTER to strike out the first section being under consideration, viz:

"Be it enacted, &c. That the President of the United States be, and is hereby, authorized to direct at what place or station in the vicinity of the respective ports of entry within the United States, and for what duration and particular periods of time, vessels arriving from foreign ports and places may be directed to perform quarantine." Mr. BOURNE hoped the motion would not be agreed to. He thought it a necessary regulation. No inconvenience, it was true, had occurred in the State he represented, but he believed they were liable to inconveniences from the want of such a law as this. By the aid of custom-house officers, who had concurred with the State, they had been able to effect every necessary regulation; but, if these officers had refused their aid, they could not have stopped vessels with infectious diseases from

made some regulations on the subject of quarantine; but, without the aid of the United States, they could not carry them into effect. They may direct, by their Governor and Board of Health, quarantines to be performed, but they could not force any vessels to observe their directions, without the aid of the General Government. Some States had, on this subject, no institutions at all; and where it existed, it was reasonable to suppose that they would be properly respected by the PRESIDENT in the arrangements he should make under a law like the present. At any rate, no inconvenience need be apprehended from an exercise of concurrent jurisdictions. If a State should direct one term of quarantine to be performed, and the PRESIDENT another, the longest term which must comprise both, will be submitted to. But the strongest and best reason for a law, such as the one proposed, is, that it is matter of very serious doubt whether, upon this subject, the States had any authority at all, and whether all such power is not vested by the Constitution in the Congress, under their general authority to regulate commerce and navigation. He inclined to the last opinion, and believed, upon examination, it would appear to be well founded. On the whole, the provision contemplated might produce good effects, and could not be followed by any evil consequences; and, therefore, he should vote for it.

Mr. MILLEDGE spoke in favor of striking out the first section, and of the power of regulating quarantine being in the State Governments. Savan

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Quarantine Regulations.

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[MAY, 1796.

The

nah, in Georgia, he said, was one thousand miles It was a commercial regulation, and, therefore, from the seat of Government, and from their situ- the business of the General Government. Mr. S. ation with respect to the West Indies, they were said, he brought in this bill, that the regulations very subject to the evil of vessels coming in from respecting quarantine might be authorized by the thence with diseases; and, if they were to wait proper authority. It could not be supposed that until information could be given to the PRESI- the PRESIDENT would alter the places already DENT of their wish to have quarantine performed, fixed upon by the individual States, without such and an answer received, the greatest ravages might, good reasons as would convince them of its nein the mean time, take place from pestilential dis- cessity. To suppose the contrary, was an uneases. The State of Georgia had a long law on worthy suspicion that the Executive would abuse the subject, and had always been in the habit of his power. There were States which had no regulating quarantine, without consulting the Ge-laws upon the subject. Maryland had a law neral Government. Mr. BOURNE spoke again in favor of the bill.neral Government, and had been renewed this which had been sanctioned by a law of the GeIt had been objected against the bill, that the State session. might order quarantine to be performed for one length of time, and the General Government an- last up had said that regulations respecting quarMr. WILLIAMS observed, that the gentleman other. That difficulty would be got over by ob-antine were commercial regulations, and, thereserving the longest period. Mr. GILES said, there appeared to him several State of New York had never found any difficulfore, vested in the General Government. inconveniences attending the bill. The gentle- ty in causing vessels to stop at a certain place man last up had stated. that if a longer time was ordered for quarantine to be performed by either York had had occasion to make alterations with to perform quarantine. Philadelphia and New the State or General Government, it should be respect to the proper places of stopping; and they obeyed in preference to the shorter. He believed were certainly the best judges as to the propriety this would not prove satisfactory. But how did of those alterations. It appeared to him that the gentlemen propose to get over the difficulty of second clause would answer the purpose wanted. different places being appointed by the two Go-Not that he was by any means jealous of the veruments? If, said he, the States had already power of the PRESIDENT; but he believed it would fixed upon times and places of performing quar-be best for the States to have the power of diantine, he thought it necessary for the General Government to interfere in altering them. He thought that both time and place should be fixed by the State; but if it were the business of the General Government, it was Legislative and not Executive business. It was said, some of the States had no regulations with respect to quarantine; but, if they had not, when they found a ne- had the sole control over the regulations of quarMr. W. LYMAN thought the individual States cessity for them, they would have them. It had antine. It was by no means a commercial regubeen said, that every useful purpose would be an-lation, but a regulation which respected the health swered by the last clause; why, then, retain the of our fellow-citizens. In the town of Boston the first, against which there are so many strong ob-small-pox was considered as a pestilential disease, jections? He hoped it would be struck out.

recting the time and place of performing quarantine, as they could more immediately carry their regulations into effect. The second clause directs that the officers of the General Government shall aid the State Governments, which is all that is necessary.

could prohibit the importation of goods, but he did not think it was in the power of the United States to prevent the landing of persons. He believed the bill was unnecessary, and that individual States had a right to make such regulations as were necessary for the preservation of the health of their citizens.

Mr. KITTERA asked if a State should think itgulations accordingly. He knew the United States and they certainly had a right to make their renecessary to change the place of performing quarantine, whether the PRESIDENT could always have notice of the change in time, so as to make his regulations accordingly? He believed not. This would be one of the inconveniences which would arise from the first clause. He thought the second would answer every desirable purpose. I Mr. S. SMITH said, that gentlemen who opposed the present bill, insisted upon the authority to regulate quarantine being in the State Governments. The gentleman from Pennsylvania [Mr. SWANWICK] said that each State had its buildings for the purpose. This was not a fact. Some of the States had no regulations on the subject. At Baltimore, they had built an hospital four miles from the port, but the State had no authority to stop vessels at it. He asked the gentleman from Georgia [Mr. MILLEDGE] whether there was any power in that State which could stop a vessel of his from going into Savannah, though she had sickness on board? He denied that it had. She will sail into port in defiance of their State laws.

Mr. HILLHOUSE said, if gentlemen had been as would have been convinced of the necessity of near infectious disorders as he had been, they making some such regulations as were now proposed. He was not surprised that gentlemen who lived several hundred miles from the shore did not feel anxious about the matter. He thought it was an object which merited the attention of Congress. He knew there were local regulations in many of the States relative to this subject, which he did not wish to destroy. Gentlemen might as well say that the individual States had the power of prohibiting commerce as of regulating quarantine; because, if they had the power to stop a vessel for one month, they might stop it for twelve

months. This might interfere with regulations respecting our trade, and break our Treaties. At the same time, he allowed that the States were the best judges of time and place. Mr. H. proposed two amendments. One was, that the PRESIDENT should make regulations where individual States had not already done it; the second was, to make it the duty of officers of the United States to assist the State Governments to carry into effect their several laws, until Congress shall make regulations to the contrary.

Mr. GALLATIN said, he did not agree in the least with the gentleman from Maryland, [Mr. S. SMITH,] that the power of regulating quarantine was exclusively in the United States. He conceived the only clause in the Constitution which could at all countenance such an idea, was the article relative to commerce. But, he said, the regulation of quarantine had nothing to do with commerce. It was a regulation of internal police. It was to preserve the health of a certain place, by preventing the introduction of pestilential diseases, by preventing persons coming from countries where they were prevalent. Whether such persons came by land or by water, whether for commerce or for pleasure, was of no importance. They were all matters of police.

[H. of R.

groes, provided, on landing, they were not sold. It had been said that the Governor of Pennsylvania had stopped vessels from entering this port, which were suspected of having diseases on board. That was, he said, before the fort was ceded to the Union. He had not the power now to do it. That such authority had been submitted to was true and proper, but he had no legal right to stop any vessel.

The individual States may make health laws, but they want the power to carry them into execution; they are good for nothing without such power. That the State of Pennsylvania had passed a health law, and carried it into effect, was no proof against his assertion. The law which he had now brought forward was meant to give full effect to the State laws. He had no objection to the amendment of the gentleman from Connecticut.

Mr. W. LYMAN observed, that the gentleman from Maryland [Mr. SMITH] did not make the proper distinction. Quarantine was not a commercial regulation, it was a regulation for the preservation of health. If commerce was incidentally affected, it ought so to be, when the object was the preservation of health and life. The United States, it was true, could prevent the importation of any goods, whether infected or not, but it did not thence follow that they could permit the landing of infectious goods contrary to the laws of any State. The several States possessed the sole power over this subject. They were the best judges of the due exercise of it. The right to preserve health and life was inalienable. The bill was not only unnecessary and improper, but it was an injudicious interference with the internal police of the States; neither would the amendment which had been offered by the gentleman from Connecticut [Mr. HILLHOUSE] ameliorate the bill; it would still be interfering with State policy. If that gentleman had any pa

The individual States had thought themselves competent to prevent the introduction of slaves coming by sea, although that also might be called a commercial regulation, which they had no right to interfere with. And if a vessel belonging to the gentleman from Maryland was to come to the ports of Baltimore or Philadelphia with a cargo of negroes, he believed the State Government at either place would be equal to the preventing of him from landing and disposing of them, though he would say it was an article of commerce. The State Governments had also something to do with the internal regulations of their ports. That of Philadelphia was under the direction of Wardens and of State laws. He had no objec-nics about infectious diseases, he might find relief tion to the United States assisting the individual in the laws of that State. If the laws there were States in enforcing their quarantine regulations, not competent thereto at present, the gentleman but he had an objection to their asserting that might remonstrate to their Legislature, and no they had the sole right of making regulations on doubt could exist but he would be suitably listenthat head, or of making health laws for the indi-ed to. As to the argument that States neglected vidual States. He knew that when the Legislatures of different States had legislated on the subject, they had thought it an important branch of their duty.

The words proposed to be introduced by the gentleman from Connecticut, "until Congress shall make regulations to the contrary," seemed to say that the health laws of the several States were to continue only during the pleasure of Congress; but, if the assistance of the United States was only necessary, the amendment of his colleague [Mr. HEISTER] would answer the purpose.

Mr. S. SMITH said, the gentleman from Pennsylvania [Mr. GALLATIN] differed in opinion from him with respect to the States having the power to stop vessels coming into their ports. It was true, that the laws of the States of Maryland and Pennsylvania prohibited the importation of slaves; but a vessel might bring in any quantity of ne4th CON.-44

to make regulations, it proved that they supposed them superfluous. Whilst they forbear to do any thing, it was proof that nothing ought to be done. The States were the best judges, and had the sole power to determine.

Mr. KITTERA said, his objections to the bill would be removed by the amendments of the gentleman from Connecticut. The only point in which they seemed to differ was, whether the PRESIDENT OF THE UNITED STATES, or the Government of each individual State, was best able to make the wisest regulations? If the first section passed, the PRESIDENT would most probably adopt the regulations of the different States; and, by the second, the officers of the United States are commanded to aid in the execution of the State laws.

Mr. HEATH was for striking out the first clause, and was against the bill altogether.

Mr. HILLHOUSE said, the first clause might be struck out. It was only necessary where no regulation was made. It was said that a regulation of quarantine had nothing to do with trade; but if a State, in order to prevent the introduction of certain goods from a certain country, were to order a quarantine of twelve months to be performed, would it not be destructive of commerce? It certainly would; and if a State had the power of stopping a vessel one month, she can extend it to twelve, if she pleases.

[MAY, 1796.

ing their ports, until they had been examined with respect to their healthiness.

Gentlemen had talked about their abode being near or distant from sea-ports. He could see no use in such observations. It was certainly of first consequence to guard the health of their citizens by every possible means. He said, at this port, they had laws respecting wardens; there was also in the different States inspection laws, which in some degree affected commerce, but were not the kind of regulations prohibited by the Constitution; these did not interfere with the rights of Congress to regulate commerce.

Gentlemen had brought another subject into view, which he could not see any good reason for doing; they had charged members opposed to this law with being unreasonably jealous of the power of the Executive. Surely, to prevent the landing of diseased persons or infected goods, could not have any relation to a jealousy of that power. This subject was too often introduced, when, he believed, there was no real occasion for it; though he hoped they never should be wanting in entertaining any justifiable jealousy of the extension of any of the powers of Government, if these should be conceived to have been improperly exercised, but he knew of nothing of this kind at present.

Mr. GILES said, he did not know which States had legislated on this subject, and which had not. He did not know that any of the States had not legislated upon it; but if they had not done it, they could do it. The gentleman from Maryland [Mr. SMITH] had said, to regulate quarantine was a commercial regulation. They were legislating, not upon commerce, but upon preventing the introduction of pestilential disorders. Were these objects of commerce? If a State stops a ship, she does not stop it on account of the goods it contains, but because it contains an infectious disorder, which, if it were considered as an article of commerce, certainly ought, at least, to be a contraband article. He did not believe there was any necessity for interference; but, if there was any want of ability to enforce obedience to the laws of the State, he had no objection to furnish Mr. W. SMITH said, if this question was conit, and that would be done by the proposition of fined to a mere question of acquiescence in the the gentleman from Pennsylvania [Mr. HEISTER.] State laws, there might be a propriety in the Mr. SWANWICK said, if it were to be admitted Federal Government overlooking those laws; but that the General Government was to take upon it was essentially connected with the powers of it the regulation of health, he would ask whether Congress on an important subject. He had been the first section of the present bill contained any surprised to hear gentlemen assert, that this subregulation of this sort? The State of Pennsylva- ject was not of a commercial nature. The gennia, he said, had been at great expense in erect-tleman from Virginia [Mr. GILES] had said, dising necessary buildings for the reception of per- eases were not articles of importation, or if they sons and goods infected with diseases. It was to were, they were contraband; but the gentleman be lamented that gentlemen had not before found must know that importations of all kinds were out that this was the business of the General Go- under the regulation of Congress, and contrabands vernment, for it had been a very expensive under- as much as any other. Consider how epidemical taking to the State of Pennsylvania to provide diseases, imported, affect the United States at the necessary buildings for carrying their quaran- large. They do not merely affect the city where tine and health laws into execution, and they first imported, but they obstruct the commerce of would gladly have turned it over to the United all others; they not only embarrassed the comStates. He thought the utility of this business merce, but injured the revenues of the United remaining in the State Governments was evident. States. Another point of view in which it had Commercial regulations were placed in the Gene- an effect: The laws regulating the collection of ral Government to prevent one State having ad- the impost, were counteracted and obstructed by vantages over another with respect to commerce; the laws regulating quarantine; and would any but with respect to health, every State was cer- gentleman say, that a State Legislature had the tainly the best judge, and the claim was imperi- power to contravene the act of the Federal Goous; and, if it were under the power of the Ge- vernment, to obstruct all the laws by which it colneral Government, and Government was to ne- lects its revenues? It had been said, that this glect to take the necessary measures, the State subject could be better considered in each indiviwould itself take them. During the late sickness dual State than we could possibly settle it. Who at New York it was thought recessary to appoint are we? (exclaimed Mr. S.) Are we a foreign special committees to aid the State Government Government? Gentlemen had already forgotten in this city. their arguments on former occasions, when speaking of the power of the House; they could then do anything and everything, and the people looked up to them alone for protection. If the subject was vested in the General Government, it was their business to protect the health of their fellow-citizens, as much as their property; because,

The gentleman from Maryland had asked if a State Government could stop a vessel from entering any of its ports? If not, they had been infringing on the laws for several years. The Government of New York and Pennsylvania were in the constant habit of preventing ships from enter