Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-06-02
NATIONAL QUARANTINE.
Speech of Hon. Casey Young, Of
Tennessee.
Delivered In the House Of Representa-
tlves, Friday, February %, 1879.
Congressional Record

The house having under considera,
ton the bill to prevent the introduc.
ton of contagious or infectious dis.
eases into the United States, and t
establish a bureau of public health
Mr.. Young, Of Tennessee, said
Nh. SPEAKER: OF course in the
little time allowed under the order oil
the house it will not be possible t.
discuss this bill in all its features
There is, | a~pprehend, but little diff.
ference Of opinion among members OF
this body in regard to the Importance
and necessity of the measure. The
only difference that is likely to arise
relates to the details-the mode and
manner of executing the law. The
committees of the senate and of the
house, after a very careful examina-
tion of all the facts connected with the
subject, have agreed substantially upon
the same bill. They have en1eavored
to obviate as far as possible all objec-
tons that have been suggested from
any quarter. There was doubt in the
minds of many members of the com
mittee-probably that doubt is now
entertained by many members of the
house-in respect to the power of
the Federal government to legislate
upon the subject of public health.
We have endeavored in all the pro-
visions of this bill to preserve
intact all State regulations upon this
subject. We have been very
careful not to invade any just and
legitimate powers of the States ;
and | believe it will be conceded by
most lawyers when they examine the
details of the measure that but little
if any objection can be- urged to the
bill upon that ground. One of the
provisions of the bill is that none of
its requirements shall in any way in
terfere with existing State regulations
upon the subject. 1t even goes fur
Their than | should have been willing
to go myself; it not only declares that
existing laws and regulations ofStates
and cities shall not be disturbed, but
that any regulations which may be
hereafter enacted by them upon this
subject shall have full effect.
There is very much | should be glad
to say upon this bill but the time is
SO brief that | must conclude. l
yield seven minutes to my colleague
on the committee, the gentleman from
Virginia, Mr.. GOode.
Mr.. Goodc, Mr.. Hooker and others
having spoken, MIR. Young resnming
said
Mr.. Speaker, l do not concur in
many of the views expressed by my
colleague Of the committee from Vir-
ginia tAlr. GOode). spent four years
of my life in an effort to make
the States greater than the Federal
government. During hat time the
people of the South fought more than
a thousand battles to maintain that
doctrine, and in the effort more than
a million of lives we're sacrificed. |
am very much afraid that the effort
made here to-day to establish the
superiority of the States to the Fed
eral government may result in the loss
of a million more lives in this Quix-
otto effort to maintain some imaginary
right of the States that is threatened
with no danger. Arguments of this
character are only calculated to defeat
the measure by bringing into the dis
cussion questions that il is in no way
important to investigate or determine.
1t is not proposed by either the sub
or the senate bill TO disturb
any right or power that can be right.
claimed either by States or
municipalities and / regret that my
from Virginia Mr.. Goode has
excited any such apprehension.
l am aware Of the fact that the
gentleman from Virginia entertains
'ome extreme ideas about the rights
If the States. for we discussed those
questions while considering this bill in
committee, and | dissented from them
hen as widely as l do now. | am
prepared to go as far as any gentleman
IN this floor in the protection of all
.he powers that ought to belong to
my State of this Union, but these
should not extend beyond the
protection and welfare of our whole
1t is true that the constitu.
ton does not declare that we nav
legislate specially upon the subject OF
fever, and that the resolutions
of SO omitted to mention that subject.
But the world moves this country
grow accumulated evils have come
upon us in the last few years which.
as we'll as this one, required new and
perhaps extraordinary legislation.
am aware that this question has
been discussed to some extent hereto
fore in the courts of the country, and
that Chief Justice Marshall de
liyered an opinion more than fifty
years ago in which he held that States
had the exclusive right to legislate
upon the subject Of public health
within their own borders, but he
never pretended to hold that the
Federal government did not have
equal power outside of State jurisdic-
ton.
The Supreme Court Of the United
States in the celebrated Missouri cat
ease, decided in 1861, held ex-
pressly that the Federal government
had the right to legislate upon this
important subject without regard to
State regulations and if Chief Jus.
tice Marshall ever held the doctrine
stated by the gentleman from Virginia.
ne was entirely oyerruled by this
later decision.
fany principle was ever established
by Judicial decision and upheld by
memorable necessity it is the mower
of congress to legislate upon all snb.
jects which effect the welfare of the
people of every part of the ountr
| wish | had time to read the decision
to which | have referred and MANY
HaANN u