Congress has power to regulate commerce, communication, intercourse, transportation of freight and transportation of passengers among the several States.
Charles Sumner
The Public Record
Charles Sumner was an American lawyer and statesman who represented Massachusetts in the United States Senate from 1851 until his death in 1874. Before and during the American Civil War, he was a leading American advocate for the abolition of slavery, and after the war he was a key figure in the Reconstruction era, during which he and other Radical Republicans successfully fought to end slavery and ensure basic rights for Black Americans. He continued advocating for racial equality until his death, lobbying in his final days for a civil rights bill that served as a model for the Civil Rights Act of 1964. Historians credit Sumner with coining the phrase "equality before the law," which he first used as part of an early attempt to integrate Boston's public school system.
The disease itself does not recognize State lines.
The authority which goes forth to meet the disease must be at least on an equality with the disease, and can recognize no State lines.
How vain to set up State rights as an impediment to this beneficent power!
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…
Congress has ample power over this whole subject.
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.
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.
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.
The power to regulate commerce includes the power to regulate navigation, as connected with the commerce with foreign nations and among the States.
It extends to such acts, done on land, which interfere with, obstruct, or prevent the due exercise of the power to regulate commerce and navigation with foreign nations and among the States.
Any offence which thus interferes with, obstructs, or prevents such commerce and navigation, though done on land, may be punished by Congress, under its general authority to make all laws necessary and proper to execute their delegated…
It is nothing more than a new application of an old power, or an expansion of an old power to a new condition of circumstances, and perhaps I may say enlarging the old power, because the circumstances require the enlargement.
If I carry the idea of the Senator still further, it would be to say that the Government of the United States might make all possible regulations with reference to passengers water-borne, but could not touch them with any sanitary…
Such is the inevitable conclusion; and permit me to say, it is an absurdity.
It would secure it to the National power; and to my mind it properly belongs to the National power, and no ingenuity of the Senator from Maine can satisfy me that it should not be intrusted to the National power.
It is essentially a National object, and can be performed effectively and thoroughly only through the National arm.
You should be able to carry into this business something of the combination and directness of war.
I treat it absolutely as commercial; I derive it from a commercial power; and by the amendment which I have introduced I would place it under the direction of the Secretary of the Treasury.
I doubt not that Senators know there is a positive business advantage in having access promptly, and perhaps with a certain consideration which does not always attach to those of inferior rank.
Now the proposition which I have moved proceeds, in harmony with this, simply to declare, that, if the President shall undertake to appoint an envoy extraordinary and minister plenipotentiary to any court where we are now represented by a…
If the amendment now offered should be adopted, it would be in his discretion to change our representative from a minister resident to an envoy extraordinary, but without increase of salary; and the simple question remains, whether this…
But the revenue that will come from this source is very small; it is not large enough to compensate for the mischief it will cause.
Just in proportion as nations become experienced in imposing taxes do they limit the objects to which the taxes are applied.





