The New York herald., 1870-09-01
THE QUARANTINE IMBR0GLIO.

Important Ceu,Ensnication from Health OnIcer
Carnochan 10 Collector Murphy-ILe Posi-
tlon Of the Secretary Of the Treusury-TLo
Congressional and State Laws-Does New
Jersey Guard the Port Of New Yorks
Under date of the 30th inst Collector Murphy, OF
this PORT IN pursuance OF the order received by him
Ia reference to the case OF the barks Wavelet and
Caro- from the Secretary of the Treasury, sent
courteous letter TO DIR. Carnochan, In which he called
atIenton 10 the secretary's INSTRUCTIONS. The fOt
lowing ID Dr. Carnochans reply under date OF yester
day.
HEALTH OFFIcER's DEPARrMENT,l
QUARANTINE s. J., August 81, 1870. !
hon. THOMAS MURPHY, Collector OF the Port OF New
DEAR SIR am in receipt Of your note OF yester-
Guy incOsing copy OF a letter OF instructions ad-
dressed to you by the Acting Secretary of the Trea
sury relative 70 the alleged seizure OF the cargoes
OF the barss Wavelet and Caro- by the Health Oicer
Whl.e III transit from Perth AmbOy to New York
Wnie thanking you for the courteous terms In which
you nave oeen pleased to transmit this cOmmunca-
tioa 10 me, deem 1t due 70 myself ana the truth
that II should not go unanswered.
IL cannot have escaped your notice that tho opin-
ION and Instructions OF the Secretary are based
wholly upon an assumption of the truth OF thestate-
mehts contained IN certain letters transmitted TO
hiii. he very properly and very cautiously places
DIS opinion upon the statement OF facts thus pre-
sented." The very guarded terms IN which he ex-
presses ninlaeli suggest that doubt must have ex.
steu III MS own mind whether there was not either
.suppresslo yerl' or misrepresentation OF Facts
IN tne case stated In those letters. From the SUBJ
stance OF tnc'n gwen In the communication Of the
necretary IL would seem that the writer's OF those
letters entirely suppressed the act that both OF these
Vesses arrived In the port OF New York from
an ihlected port, having cargoes consigned TO
parties IN the ciy of New YORK; that rney were by
the laws o. this state subject 10 quarantine their
arrival; that they nad been boarded aud examined
w the Health Onlcer and were placed under quar-
Mtlne; thaL they left the Quarantine anchorage
without he knowledge or permission OF the Health
olcer; tbat the cargoes ol both vessels were dis
Charged upon lighters In the port OF Perth Amboy
merely Tor transshipment to New York that being
their place 0l destination; tnat or the vessels
then completed ner voyage by proceeding to one OF
the whasves Of the city OF BroOklyD; that both OF
The vessels went TO Perrin Ainboy with the ayowed
purpose of evading the quarantine regulations OF
tne port OF New YORK, and tiat the cargoes or
bo vessels entered the upper bay Of New York. and
were proceeding 10 the wharves OF the city without
any permit ron the Health Oncer. Had these
facts and they canrot be deuied) been stated 10 the
Honorable secretary cannot believe thaG he would
nave arrived at the same conclusion. The laws or
ths state are express that no vessel shall leave the
quarantine anchorage without PERMISSION OF the
Health Oncer, and mat no vessel or cargo that has
Deen In quarantine shall come 10 the wharves OF
New YORK or BROOKLYN without his permission
IheY clotbe MIN with ample power To see that these
provislonS ol law are complied with, and they make
IL ms duty 10 examine and inquire into the sani-
taiy condition of every vessel and cargo arriving
IN THIS port nom foreign port. The laws of Con-
<. ess declare that the quarantine ana health laws
OF the several States respecting vessels bound any
port therein shall be duly observed by the collectors
and all Officers OF the revenue OF the United STATES
and that IL shall be their duty faithfully 10 aid In the
execution thereof act Of February rs, 1799, within
their respective powers and precincts as they snail
the treasury. The manifest design or Congress IL
that the revenue laws shall be executed in harmony
win the health laws OF the several States and not
conhict with them, anu such l am ADVISED, has
always been the spirit OF the instructions uDOn that
subject which have IRON time 10 time been given
by the Secretary Of the Treasury.
IL needs no argument to show that 1t would not be
an act IN IA; aio 81 inc execution Of the quarantine
Treasury give such Instructions rs would prevent
The Health Ofcer from making the examinations OF
vessels and cargoes required 10y those laws Yet the
In rtSlf IN fp,ftl
tnat officer 10 yOu II literally carried out, would
produce that result. But | apprehend that he only
designed TO apply them 10 the precise state OF facts
upon which his opinion was given. He certainty
would not Instruct the revenue Or1cers thai where
merchandise had been placed in their possession for
the express pupo OF eyading the quarantine laws
OF n State sueh possession exemps the merchan-
disc from examination by the sanitary authorities
OF the state. Such Instructions would defeat
instead OF aiding. the execution OF the state law.
That II is not the intention 0f the present able and
intelligent secretary Of Treasury tO depart from
the practice pursued 10y ms predec essors ia this re.
spect think is evident iroD the general tenor Of his
letter. DE cautiously bases his opinion OF my action
he then admits that 'for sanitary purposes the
Hea,th ODicer of a state may have the right to de-
tain in quarantine vessels and goods from infected
ports. This ~ statement OF the law precisely as
1t exists under our statutes ana 1t Is the law which
cargoes. They arrived Ia this port from Injected
port. ana were placed under quarantine
and @ went @ into % waters Beyond Beyond y"'Iss, my afis,
dicflon. Thcy subsequently returned TO waters
Wllnln my Jurl5ucLOD. Iney nave never been
leased from quarantine and had not permit to pro-
ceed they were, therefore, still under quarantine
In the exercise OF a power and duty enj0ined upon
me by law | simply sought 10 detain them there
until the purposes OF that law had been answered
II my authority and control over tho vessels and
carg0es was lost the moment they passed into
waters under the quarantine jurisdiction or The State
OF New Jersey. and could not be regained by their
return to waters within my jurisdiction. then 1t FOL
lows that the vessels now in The lower bay infected
with yellow fever have but pass into Rsrtan Bay
and be examined by the Health Onlcer oI Perth Am
boy, wnere The laws OF New York do not controi,
and they may then with impunity come to the
wharves OF our city. Such construction would
render our quarantine laws nUllty, and place the
public health in the Keeping Of an Ocer of another
State over whose acts State would have no con-
troll.
In conclusion, please accept my assurances that
shall, ~ all times, during my olicia term endeavor
to so administer the laws Of my department that
they may faithfully carried OUT without interfer-
ence with the authorities Of the United states, and
trust that may be met by them In that spirit of haT
m0ny which has heretofore controlled the
tary and revenue Oilces OF the Port. Respectfully
aud truly yours, J. M. CARNOCHAN.
Health Oncer.
Don JUAN IN A SURPLICE.