Question: "Resolved, That Congress should pass a comprehensive quarantine act."
Brief for the affirmative:
W. N. COTTRELL and W. H. DAVIS.Best general references: Forum, Oct. 1892, pp. 133-144; Cong. Rec. 49th Cong. 1st Sess. 1879, Pt. I, 987, 1002-1003, 1026-1028; U. S. Stat. 1878 XX. 37; supplement to U. S. Rev. Stat. I, 485; Boston Med. and Surg. J'l, Sept. 22 and Sept. 29; Miller's Constitutional Law, pp. 480, 452; Cooley's Const'l Limitations, p. 723.
I. A comprehensive quarantine law constitutional. - (a) As a regulation of commerce: Miller, pp. 480, 452; Cooley's Const'l Limitation, p. 723.
II. A uniform quarantine law necessary. - (a) Danger national as well as local. (b) Cholera always transported. (c) The spread of cholera difficult to prevent. (d) Shown by legislation in 1879.
III. Present quarantine laws inadequate. (a) As shown recently in N. Y. (b) State laws. (1) The landing of foreigners in the U. S. not a fit matter for state legislation. (2) The central authority responsible to foreign nations for wrongs done subjects. (3) A State quarantine law controls vessels and goods only within its own territory. (4) A port of entry and the best site for a quarantine station may be in different states: Forum, Oct. (5) The lives of our citizens and our whole commerce is at the mercy of local ignorance or negligence. (c) National quarantine laws grant too much authority to the separate states: U. S. Stat. XX, 37.
IV. A comprehensive quarantine law expedient. - (a) Free from objections peculiar to State laws. (b) Other nations have comprehensive quarantine laws. (c) The leading rules could be framed to be adapted to all localities.
Brief for the Negative.
A. H. GORDON and WM. HILL.Best general references: Am. Pub. Health Ass'n Reports; Reports of Nat'l Board of Health; Nation, Sept. 8, 1892; Cong. Record, 1880. vol. IX 987-993, 1024, 1508 sq.; Story's commentaries SS 1017, 1070, 1073.
I. A National Quarantine Act unconstitutional. (c) Congress has no powers except those granted Am. to Const. Art. 10. (1) Power over commerce does not include quarantine powers; Story S1017. (2) Power over quarantine not granted by any other clause in the constitution: Cong. Rec. IX. 1002.
II. A National quarantine act unnecessary, because - (a) Local quarantines have been efficient. (1) New York regulations are perfect. (2) So also in Boston. (b) Local equipments ample: (1) at New York. (2) at Boston. (3) at Norfolk. (4) at New Orleans. (5) at Charleston. Am. Pub. Health Ass'n Rep. XV.
III. National quarantine impracticable: - (a) Different sanitary condition of the several ports render uniform action impossible. (b) Local authorities more alert and efficient. (c) Division of authority between Nat'l and local boards would produce inefficiency: Ibid. (d) Local jealousies would be aroused. (e) Local regulations more elastic: e.g. action of N. Y. and Boston in Sept. 1892. (f) Mismanagement in one port less harmful than mismanagement in all. (g) Nat'l quarantine more expensive, because, organization must be permanent and universal to be effective.
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