Speech #550087340

Congress has in every way. shape. and form. wherever it was necessary for uniformity of action. controlled the State power of police not only in this instance. but in every other instance. From 1878 down. as I have stated. there has been a slow but steady and sure advance made in the matter of taking control of quarantine in the exercise of this undisputed and indisputable authority to regulate commerce not only in that branch. but I refer the Senator from South Carolina to the plenary. exclusive. and complete jurisdiction that the Congress of the United States has over the immigration of persons into this country. From the very commencement of the Government there have been persistent and constant efforts made by the different States to exercise police power over the subject of immigration. In various ways. under various pretexts. and always under color of the exercise of the police power of the States. they have attempted to legislate in regard to immigration. The very first case on that point was the matter of trying to impose a tax upon immigrants arriving in New York in order to keep up a fund for paupers and immigrants who had to be supported. The decision in the case of New York vs. Miln was that the police power exhausted itself in the matter of requiring from the master of a vessel a statement of the age. residence. and occupation of the immigrant. and from that period down to the time when Congress assumed complete jurisdiction over immigration the States through different enactments have attempted. under color of the police power. under color of the power of keeping out convicts. diseased people. and paupers. under color of that power which is as clearly a police power as any power exercised by them as a health law. they have attempted to regulate that large branch of commerce. and they have always failed. Whenever there has been a decision on the point. it has been that the Congressional power was supreme and the State authority could not be exercised. So this decision of Chief Justice Marshall is a guide today for legislation on this very important matter of the public health.