New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-10-02
to an impartial authority we should BE

to an impartial authority we should n
content. We should then be satisfied
that neither panic nor profit could induce
the trade blockade Of city. The Re
PUBLICAN is, in the language Of our quar-
anime act, the jealous friend of quar-
antlne SYSTEM" but it is of quarantine
system which confers upon the federal
government tie sole power 20 proclaim
| quarantine g: home ard abroad. IS there
| any question Of the power in Congress:
We admit the RICH. OF the States 70 make
sanitary regulations. bu: this indisc,imin.
ate proclamation of quarantine is .n in
terTupton Of that commerce among The
States which the constitution empowers
Congress to regulate. For if large city
Shall be tabooedand restricted by a quaran.
tine GORDON drawn closely around her. en-.
forced by instructions upon rail tracks and
by exclusion of all corners from and soers
to that city. what becomes Of the commerce
among the States: This position re.
qulres explanation. The power TO :egu-
late commerce among the States is an
exclusive and no. concurrent power of
the federal government. This grant Of
power was the real cause Of ''.le more
perfect union of 1888:
In the different States the most opposite
ana cohIlcung regulations existed. Each |
pursued ITS own real or supposed local ia. |
teresis. Each was jealous OF the rivalry Of |
us helgh bors. aud each was successfully |
oll|th 10 fetaiatoIy measures Il order to
SATISFY pubic clamUr or 10 alleviate private
distress.
In an examination CT tie extent Of this
power, an eminent constitutional iuris:
has said: The words being general, the
sense must be general. Commerce is IN.
douptedly traffic. but it is something
more--H is Intercourse: It includes power
over navigation as Wei Is over trade,
'7e' intercourse as we'll as eve. traffic: i.
extends to the regulation Of seamer
board American ships. to boats on tie
lvers; it extends TO quarantine laws and
wrecks on the sea-" Besides. i: author
zes. and by implication. many other
measures OF kindred character.
There can be no question but tina. Con-
ress has the exclusive power &c enact
INFORM quarantine law, no: as sanitary
1easure. but as a means 20 regulate com
lerce among the States. The govern
lent can bes: learn by report Of its con-
ais abroad whether contagious diseases :.
nss ia any foreign port. i: can with g
SIS fear and more impastiality decide !:
ow the disease can be excluded from OF re- y
ricted within particular localities, corpo. c:
tie o. not. We are then Jealous friends pc
a quarantine system As our law phrase 70
but our quarantine system vii! e,
enacted aid enforced 10y the federal az
'vernmen: under law Of Congress. "
Ills law WI! not 0; course aztec: the
tiles OF our health authorities. They TO
IL still watch owe. the public health and ~
operate in ;revertin. The spread Of
lection. Their powers. duties and :eve. ,e
es VIII be the same as a: present. save .Ie
right TO proclaim quarantine a. dis
stion. No doub: the. cause which Fl,
Md Justify such q measure Will induce n,
approval Of the fedora! authorities. l
: as New Orleans viii have 10 uo.iy. COZ
arres: or divert commerce. it Will de- e
We towns which have such motive G: . III.
ver to injuce her. She can no. ;niure Ole
NJ withou: damaging he. cwr interests ~.
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