New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-21
a1e,,, 0rlea,,s Republican.
JOURNAL OF THE UNITED STATES
OFFICIAL JOURNAL OF NEW ORLEANS
DEBATES OF THE SENATE.
Morning Session.
WEDNESDAY, february -, 1871.


Senate bill No. %, providing for gratnitous
vaccination throughout the State, having
been called up
Mr.. Pierce said: There was law passed
AS long ago as 1855, requiring the Board OF
Health to yaccinate the children in the pub
lie schools Of New Orleans. Since the pas
sage of the law giving the present Board OF
Health the authority to make their own
police regulations, this important duty has
not been performed. Before the discovery
of vaccination by Jenner, one hundred out
of every thousand deaths in England
were caused by smallpox. Since that
the average proportion has been
reduced to about twenty III thousand.
In the city of Dublin the mortality from
smallpox was very great uh,ii .he year
1853, when compulsory vaccination was es-
tablished Since that time that terrible
disease has almost entirely disappeared
from that city. think something is neces-
sary to protect the people OF this State from
the ravages OF this disease. l have before
me tabular statement of the mortality III
the State, taken from the annular report OF
the Board of Health. l find that during the
last wear five hundred and twenty-eight
people died of the smallpox here, the whOle>
number of deaths being seven thousand
The smallpox was nearly as prevalent
here as it was N England before the dis
,covery of the efficacy Of vaccination as
preventative. The most ignOrantportion of
our community 1.-THE co!ored people), suffer
most from the ravages OF this disease, and
g something should be done by the State Leg
islature to protect them from it. / notice
that twO-thirds of those that died last year
were colored voters, and we should try and
protect the lives of the colOred men in order
that they may vote for us.
Mr.. Barber: l am opposed to this bill
because it provides for compulsory vaccina-
i l., - -
that a physician should be allowed to go
into the public schools and vaccinate the
pupils without the consent of their parents
or guardians. | should certainly be I'M
willing to permit physician to come into
my house and vaccinate my children with
out any knowledge on my part whether or
not the vaccine matter was pure. The re-
salt of the passage OF this bill will be that
parents will keep their children from school
in order that they may not be exposed to
the danger Of vaccination with impure vac
cine matter.
Mr.. Pierce remarked thatTthe bill pro-
vided that only pure vaccine. matter could
be used.
Mr.. McMillen: I think. Mr. President
that we have not yet reached that high
stage OF civilization in this country which
would justify us i'll establishing compulsory
vaccination throughout the State. 1t is Il
matter of very doubtful propriety wher-
ever such laws are enforced. The profess
sion of medicine. in i,s progress. has. in
these latter days, thrown grave doubts
upon the efficacy OF vaccination as Il pre-
ventive to smallpox, and it is now a serious
medical problem whether or not it is entire
ly unnecessary and without any good re-
suits. 1t seems to me that just at this time
it is scarcely desirable Or polite for us to
pass bill of this kind. l myself believe
in vaccination. believe it is etficacious as
preventive, but doubt very much wheth
er this is the proper way to get at the OBJ
ject in view. l imagine that no good would
be accomplished by the passage OF bill
providing for compulsory vaccination. fully
agree with the opinion expressed by the
Senator from Orleans (Mr. Barber), that it
would be unwise to place the power into
the hands of the superintendent of public
schools to compel their pupils to be vac
cinated, without the consent of their parents
Or guardians. We might as well adopt
compulsory means for the prevention of
other diseases, if any other disease can be
prevented. Such laws are not only creating
great excitement whenever it is attempted
to enforce them, but the efficacy of the
means is creating considerable doubt. 1t is
not by any means settled shat vaccination
is an infallible preventive to smallpox. 1t
is only in the old countries of Europe, where
a higher civilization has been reached, and
fere in police matters like that of France,
for instance), that measures Of this kind
have been adopted. 1t is not customary in
this country for the State government to
Interfere in these police matters. 1t is par
ticularly undesirable for measures of this
kind to be adopted under form of govern
ment like ours. would like to have more
time to examine the bill, and think this
matter should be postponed for short
time.
Mr.. Pierce rose to the point of order, that
the Senator from Carroll was not speaking
on the first section of the bill, which was
the only section now before the Senate.
Mr.. McMillen: | am speaking on every
section of the bill; do not think that it is
desirable or polite to adopt the first section
or any other section, although 1 am per
fectly willing to cast my vote on the adop-
g.. ton of the bill to-day.
The first section was adopted.
Lynch inquired how the physicians
doing the work were to be paid.
Mr. Pierce replied that their payment was
provided for in subsequent section.
The second section was then adopted.
The third section was read.
Mr.. Todd thought that fifty cents was too
much to be paid to the physicians for each
vaccination. In the parish OF Jefferson
there were nearly three thousand pupils in
the public schools, and what an amount of
money could be made by the physician on
them. Probably some of them NAV have
been vaccnated before, and vet the phys-
clan Is called upon 10 vaccinate them again.
and he was allowed fifty cents for that use
less operation. He hoped that the bill
would not be passed as it now stood 1t
was mOnstrosity on its very face. He
thought that ten cents for each vaccination |
was sufficient. He moved the indefinite post
ponement of the subject matter
Mr.. Pierce: This bill provides that the
physician shall only be paid for every sue
provision will be found in line thirteen of |
the section now under consideration. If |
the revaccinatiOn does not take" it is |
considered as conclusive evidence that the |
previous vaccination is still e.hcacious, and |
the attempt is, therefore, unsuccessful. Tho
bill does not provide that the physician
shall be paid for every operation but for
every successful vaccination | am glad
that the Senator from jefferson (Mr. Todd)
has urged this objection, as it gives me an
opportunity of showing how carefully the
bill has been prepared. l hope it will not
be defeated, because it is introduced for the
purpose of protecting those who are unable
to protect themselves. | think this is as
economical way of doing. this as we can
adopt.
Mr.. Lynch: The physicians in my section
of the State are no more honest than other
people. According to the provision con-
tanned in the third section of this bill, the
police jury can act upon the simple record
of the physician. He may present record
stating that all the children in the parish
have been vaccinated, and what provision