Mr. SUMNER. A Senator behind me says even to the Rocky mountains. It is enough to say that it ursnes those goods into the interior. In a ort, the Constitution of the U.S. was not so absurd, nor have our courts been so absurd in its interpretation, as to recognize a power in the customhouse merely at the door of the granite structure, and to require that it shall stop there. No, sir, the power must be made effective. We have practically made it effective with reference to goods. We have also, to a certain extent, made it effective through decisions of the Supreme Court with reference to passengers. t now remains that we should carry it one stage further, and for the public good, and to secure the public health, which is a great part of the public good, to insist that this same power shal be applicable, just as we have already insisted that it is applicable, to the pursuit of goods. I cannot myself see the dif erence between the 2 cases. It seems to me that the power over goods imported at our customhouse under the acts of congress, the power over passengers introduced into this count under acts of Congress, are both de rived lliiom the same source, and you can find no limitation for one and no expansion for one which is not equally applicable to the other. i insist, therefore, that on this simpletext, the power to reulate commerce with foreign nations, you fin ample power for this action. You must nnnul this text, or at least limit it by construction and dwarf its fair proportions, or the power of Congress to provide against cholera is perfect. But Senators call my attention to the 2nd clause of the resolution, which is as follows: That he shall also enforce the establishment of sanitary corrlonsto preventtho spreadof said disease from infecteddistricts adjacentto or within the limits of the U.S. To my mind this clause may be treated under 2 diEerent heads: 1st, it maybe regarded as ancillary from the nature oft c case to the power which is derived under the clause to regulate commerce with foreign nations. From the nature of the case, if you have the power to shut out cholera from the ports, you must be intrusted with an associate power to follow this same enemy even into the interior, precisely as you follow goods that have ese aped the exercise of your power in the ports. I am willing, therefore, to put it even on the 1st clause of this constitutional provision, calling it simply ancillary. But I do not stop there, f“or annexed to the 1st clause are the words, and among the several States. " Congress has power to regulate commerce among the several totes. N ow, sir, assuming that commerce is, as it has been described or defined by our Supreme Court, intercourse among men, cm bracing the transportation not only of goods but of passengers, and applicable to everything that comes under the comprehensive term intercourse. giving to it that exausive definition which l think you will fillt in some of the decisions of the Supreme Court, I ask you if you do not find under that 2nd clause ample power also to regulate this matter. Congress has power to regulate commerce, communication, intercourse, transportation of freight and transportation of assengers among the several States. To make that eifective, you must concede to it I! power such as is described in the clause to which the Senator. from Iowa has directed my attention: Be shall also enforcethe establishmentofsanitary cordons to prevent the spreadof said discusojlom infected districts adiacent to or within the limits of the U.S. There is no reference here to State lines, and why? From the necessity of the case. The disease itself does not men uize State lines. The authority which goes orth to meet the disease must be at least on anequality with the disease, and can recognize no State lines. How vain to set up State rights as an imped iment to this beneficent power. I therefore conclude that the power over this subject is plenary, whether you look at the 1st clause of the Constitution to which I have called attention relating to foreign commerce, or the 2nd clause relating to commerce among the States. It is full, it is complete. Hence I put aside the constitutional objection, whether urged seriously or in levity, as it was perhaps by my excellent friendfrom NewYork; I put. it aside as absolutely out of the question and irrelevant. Congress has ample power over this whole question; and, sir, permit me to ask if it had not ample power over this whole question, 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, crossin the sea and invading our shores and we unable to go forth to meet it? 1 do not believe that this transe endent republic is thus imbecile. I believe that under the text of the Constitution, as well as from the nature of the case, it has ample powers to meet the enemy in the simple text of the Constitution regulating commerce. To my own mind the case seems too clear for argument and this brings me, sir, to the proposed amendment of the Senfrom Vermont. He moves to strike out the clause to which I called attention myself the other day and to substitute certain words creating a commission. I objected to this clause the other day; Iwill read it now: Thatit shall be the duty;of the SecyWar, With the cotiporutionof the SecyNavy and the SecyTreasury.whoseconcurrent action shall bedirected by the communder in Chicf of the Army and Navy, to adoptan efficientand Uniform systemof quarantine against the introduction into this country of the Asiatic cholera. I objected, it may be remembered, to this clause as placing this 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 1 did not think that it needed to be derived from the war power. It was not from the nature of the case an exercise of this power. butit was clearl 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. N 0w. the Senfrom Ver mont meets that suggestion by an amendment to the effect that a commission shall be constituted, embracing the SecyWar, the SecyNavy, and the SecyTreasury. I have no particular criticism to make upon that amendment; if the Senate consent to it I shall certainly be disposed to join; but I think that a better form still may be adopted and one which shall place what we do more completely and unreservedly under that power of the constitution from which I.be in harmony with the think it is derived; that is, the power to regulate commerce. I would therefore propose that the duty shall be confided primarilyto the SecyTreasury, who, in the exercise of his powers shall be aided by the SecyWar and the SecyNavy, under the direction of the POTUS It seems to me that with that change the bill will be brought into absolute harmony with the Constitution, will be above criticism, and it will be amply effective. I would therefore, if I could have the permission of my friend the Senfrom Vermont, propose the amendment in this form: to strike out in the 3rd line the word “ War” and insert “the Treas u“ry; ” to strike out in the 4th line the word Nav " and insert the word “ War” and to strie out in the 5th line the word Treasury" and insert “Navy, ” and then to strike out the words “whose concurrent action shall be directed by the Commander in Chief of the Army and av, ” and insert simply “under the direction of the POTUS; ” so that the clause would read: That it shall be the duty of the SecyTreasu.with the cooperationof the SecyWar an the SecyNavy. under the direction of the POTUS, to adopt an eiliclent and uniform systemof quarantine,lcc. In making this change we shall simply enlarge and expand the existing powers of the SecyTreasury. He is now the head of the customhouse; he regulates the passenger system. Go further, and give him these additional powers that shall enable him, so far as he can to prevent the introduction of disease into the country. All that we do will practice of the government, and I submit will be above question. The Government, in the exercise of admitted powers, will be, I trust, more than a match for the cholera.