The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1879-06-25
The Prevention of Contagious Diseas-
es Bill.

: The following extracts from the recent speech
. in the House OF Representatives OF Hon. Van
II. Manning OF Mississippi, upon the bill 70
prevent the introduction or spread of eontagi-
Gus diseases in this country, Will be found IN
teresting and forcible as Mr.. Manning's argu-
ments, in fact, always
1 deeply regretted the failure to pass the Sen
ate bill last session and / was not surprised at
the general criticism which followed that fail
Ure. ] voted tor the bill then reported by the
House committee a substitute for the Senate
bill, not because | preferred the former, but
because it was apparent to me on that occasion,
az il was to others who favored the latter, that
the only possible way to secure its passage or
/ something near il was to adopt the House bill,
which would bring about a conference between
/ the two Houses, when in the spirit OF compro-
mise the friends of the House bill would yield
something 10 the views OF the Senate conferees
and thus accomplish indirectly that which
could not then be accomplished directly.
This depression | have thought proper 10 make
because the record Of the matter without eI-
PLANTATION Is calculated to mislead.
Before entering upon the argument which
will presently submit, let me again pause, and
attempt in slight degree to express the deep
and boundless gratitude of solid South-at
least in this respect-to the northern people
who with amagnanimity never before eXcelled
/ in any country so promptly, without awaiting
/ the piteous cry for help, opened their bounte
Gus purses and prOdigally lavished their gener
I Gus ldNOF~ upon Us. ana 10 every NNulpAtnlL
I ing man, woman, and child in the broad land
who contributed in the least to lift the dark
veil, and Tighten the gloom which enveloped
Us, desire that the page OF history which
records the ravages of the pestilence OF 1873
may also record, OF those who came to our res
cue, that by their gracious charity they have
to themselves raised monuments more lasting
than brazen statutes higher than the royal
pyramids, which cannot be destroyed by vast
ing rains or the fury Of the winds, by the series
OF the countless ages or the flight OF eternal
years"
Must Congress subordinate its legislation to
that OF the States | maintain that the gov
eminent is above and not below the States in
this matter, and submit that this position is
in perfect harmony with fair and reasonable
Interpretation OF the eighth section OF the first
article of the constitution OF the United States
which confers upon Congress the right to
regulate commerce with foreign nations and
among the States"
A much narrower Interpretation of this
clause has been given in framing this bill than
was necessary or proper; hence in passing it
We will not have done our whole duty TO pro-
the lives and prosperity of the people. Ii az
the result of this failure another terrible cpl
demic occurs, such an Interpretation after thai
will be so Indignantly and universally con=
iemned and rebuked that no man will thereaf /
ter favor ii.
We 20 far in solving the power of the gov
tied the meaning OF the words " to regulate I
commerce." ! maintain that elementary au- /
thority, and the decisions of the Supreme |
Court of this government, leave no substan- /
tial ground for disagreement as to the true /
meaning of these words. Do they merely con-
fer the power 10 regulate the exchange OF mer
chandize? Does commerce mean simply the /
exchange of commodity for commodity, or has
it Il broader and fuller meaning? Does it not |
also comprehend i,.tercoursey Is the contract
ed construction which is given to it by gen
tlemen who have hitherto opposed Registration
by Congress reasonable, even if considered
without the aid of law writers or juries?
l affirm that our textbooks the consti-
tuition as well as the adiudications of the court
of the last resort in this country, and our own
common sense, all warrant me in maintaining
that that narrow and limited meaning ls.un-
authorized, and should be abandoned before
our people are again stricken, and our indus
tries again paralyzed.
After citing Strong, and several Supreme
Court decisions, Mr. Manning proceeded;
These authoritative utterances seem to be
decisive of the position that the government
is possessed OF supreme power in the import
ant work OF prohibiting the introduction into
our country OF contagious and epidemic dis
ease. Ii the government is above the State
as to this, then by the same article OF the
1t Is supreme so tar as Interstate
commerce is concerned; the power extends to
the embargo of vessels and the regulation OF
internal trade reaching individuals engaged
in such commerce, persons being transported,
and also merchandise and freight Mr.. JUS
tice Marshall said:
Congress may control the State laws so far
as it may be necessary to control them for the
regulation of commerce. A law of State
made i'll pursuance of its acknowled powers
must give way when in conflict with a law OF
Congress made within the powers of the con-
stitution.-9 Wharton, 1876.
l do not believe that any danger to the States
IAN be reasonably apprehcnded from the ex-
,rcise of this power by the Federal govern
nent There is no Capitalization in it, because
he rights Of the States not disturbed to !
heir detriment There is no departure from
rue State-rights doctrine. have Away been
md shall ever be in favor OF a strict construc-
ION OF the constitution In all parts, and L
Yield to no man in my desire to conform to its
but | repeat that find no prOvis- !
on, sentence, word in that instrument which :
1t all colldes with the views / have endeav- r
bred to submit. just here / will take the lib |
.rty to read part of a letter which reached
ne this morning from one of the most distin- 7
yuished lawyers of this country, judge for
many years OF the supreme court of Missls-
ippi, and always Jetfersonian Democrat,
md intimate friend and supporter of Mr..
Jefferson Davis. l refer to Hon. A. NJ. Clay I
on, who remained at his home in the vicinity
II Holly Springs during the prevalence of last
ears plague, and who feels deep solicitude as :;
o our action. He says: q
q have always been State-rights man, but !
Q say that the principles of that party forbid |
he exercise OF police power by the general o
government absolutely necessary foT the pre- a
crvation of the health and the lives of the a
'eople is pushing the doctrine to a most I'M i
ustitiable extent Congress has the power ito '
egulate commemorative foreign in a sole and
sense. To say that it may regu-
ate the importation of all tropical pro-
ucts except disease and death is absurdi-
V. 1t may legally say, for the safety of the
eople, that vessels from ports infected with
isease of a contagious character, shall only
e admitted into ports at certain times and
easons and under certain conditions. This is
ot excluding commerce, and ought not to n
isturb State-rights man Of the strictest 1
anse"
When Congress has the undisputed right to
D regulate commerce that passengers may
-avel in safety, how can it be questioned that
Congress- may prescribe such regulations of
ommerce as will afford complete protection to
assengers, not only against defective machin-
~ and explosive fluids, but also against dead
contagion, whose victims are only to be
numbered by its spread, and whose damage to III
lie commerce of the country cannot be estima at
d.
Persons who are acquainted with the mortu- Pi
~ reports of the plague of last year, and who ST
ppreciate the horrors of yellow fever, would
i doubtless infinitely prefer the dangers in l'
dent to voyage upon a craft propelled by al
,ndemned machinery, and filled with forbid -,
en- articles, rather than to encounter the haz-
lrds of exposure to yellow fever upon a YES &c
i in other respects entirely safe and seawor- Of
". With all due Difference l must say that
seems to be quite absurd to hold that al ie
Tough Congress may pass navigation laws
aclaring to masters of vessels that they shall III
ot endanger their passengers by what they
TRY below, still it must leave masters of YES mi
is free to carry contagion, however malig- nc
mt or deadly, above, and in the midst of their
assengers, anywhere they please.
Is it any stretch of the constitution, or our tic
'mmon sense, to hold that masters, or others
all not transport into our borders, or along
II rivers, or lines of interstate travel men, ty
omen, or children VINO are afiiicted with an all
n -. - -. e -. - - &c ws