I therefore conclude that the power over this subject is plenary, whether you look at the first clause of the Constitution to which I have called attention, relating to foreign commerce, or the second clause, relating to commerce among the States. It is full; it is complete. Hence I put aside the constitutional objection, whether used seriously or jocosely, as it was perhaps by my friend from New York; I put it aside as absolutely out of the question and irrelevant. Congress has ample power over this whole subject. And, Sir, permit me to ask, if it had not ample power over it, where should we be as a government at this time? Can we confess that a great government of the world must fold its arms, and see a foreign enemy--for such it is--crossing the sea and invading our shores, yet we unable to meet it? I do not believe that this transcendent republic is thus imbecile. I believe, that, under the text of the National Constitution, as well as from the nature of the case, it has ample powers to meet such enemy.
And this brings me, Sir, to the proposed amendment of the Senator from Vermont [Mr. EDMUNDS]. He moves to strike out the clause to which I called attention the other day, and to substitute certain words creating a commission. I objected to this clause the other day; I will read it now:--
“That it shall be the duty of the Secretary of War, with the coöperation of the Secretary of the Navy and the Secretary of the Treasury, whose concurrent action shall be directed by the Commander-in-Chief of the Army and Navy, to adopt an efficient and uniform system of quarantine against the introduction into this country of the Asiatic cholera.”
I objected, it may be remembered, to this clause, as placing the bill under the patronage of the war power. I did not think it needed that patronage, though I was willing to admit that it might need sometimes the exercise of the war authority; but I did not think it needed to be derived from the war power. It was not from the nature of the case an exercise of this power, but it was clearly derived from the power over the commerce of the country; and I regretted, therefore, that the framers of the bill had seemed to put the war power in the forefront. The Senator from Vermont meets that suggestion by an amendment to the effect that a commission shall be constituted, embracing the Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury. I have no particular criticism to make upon the amendment. If the Senate consent to it, I shall certainly be disposed to join. But I think a better form still may be adopted, and one placing what we do more completely and unreservedly under that power of the Constitution from which I think it is derived,--that is, the power to regulate commerce. I would therefore propose that the duty shall be confided primarily to the Secretary of the Treasury, who, in the exercise of his powers, shall be aided by the Secretary of War and the Secretary of the Navy, under the direction of the President of the United States.