183 



CONGRESS, UNITED STATES. (BUKEAU OF ANIMAL INDUSTET.) 



because by our legislation we will repeal all 

 those State laws. 



"We have heard delegations from all the 

 cattle interests of the country and representa- 

 tives from every State where this disease ex- 

 ists. The Committee on Agriculture believe 

 that the proposition submitted by them to the 

 House is the best that can be devised for this 

 purpose. That is, that the Commissioner of 

 Agriculture, with the force placed at his com- 

 mand, shall, by proper investigation and in- 

 spection, locate this disease, notify the State 

 authorities of the fact that it exists, and then 

 invite the co-operation of the State. And from 

 that point until the disease is exterminated it 

 is proposed that the State and the Federal 

 Governments shall each bear one half of the 

 expense of the destruction of private property 

 necessary for this purpose. 



"By that means we secure not only the 

 earnest but the interested co-operation of the 

 State in the execution of this law. We secure 

 what is better than that, the co-operation of 

 the State authorities for the execution of the 

 law within the limits of the State, because, 

 when we reach that point, the power of the 

 Federal Government ceases without the au- 

 thority of the State. It is true that the Fed- 

 eral authority can go into a State and purchase 

 m the market all the cattle in the State, and de- 

 stroy them after they are purchased. But the 

 Federal Government can not go into the State 

 of Maryland or New Jersey, for instance, and 

 condemn private property ; nor can it, under 

 the decision of the Supreme Court to which I 

 have referred, even put that property in quaran- 

 tine or place it under police regulations. That 

 power belongs exclusively to the State. 



"I am satisfied, from the information that 

 we have upon this subject, that there is not a 

 single State where the disease exists to-day 

 that will not heartily and cordially co-operate 

 with the Federal Government in the extin- 

 guishment of this disease, paying one half of 

 the expense of so doing, because the States 

 are now making efforts to do it alone. Cer- 

 tainly, they will not object to the Federal 

 Government paying one half of the expense." 



The opponents of the measure objected to it 

 on the ground that it was unconstitutional ; 

 that it created new officials, in whose hands 

 enormous power was vested with great possi- 

 bilities of evil ; that there was no real necessity 

 for the passage of the bill. The case of the 

 strict constructionists was presented by Mr. 

 Eaton, of Connecticut, who said : 



" Mr. Chairman, this bill has a taking title. 

 We all of us say we would be very glad and 

 very happy to do anything that we can consti- 

 tutionally to regulate this matter. Sir, I find 

 myself with regard to this cattle question in 

 the same difficulty that I found myself years 

 ago with regard to a bill affecting the health 

 of human beings. I did not believe it was in 

 the power of the Congress of the United States 

 to determine what should be the police regula- 



tions with regard to the health t>f men, women, 

 and children in the great State of N ew York. 

 I did not believe that anybody to be appointed 

 by Congress would have half the knowledge 

 upon a matter of that kind that would be pos- 

 sessed by the people in the State of New York, 

 who for a hundred or two hundred years had 

 taken care of the health of that community. 

 So I say, sir, that the title of this bill, before 

 it is passed, ought to be changed. It should 

 be declared to be a bill to abrogate and annul 

 the Constitution of the United States, and de- 

 prive the States of the rights which belong to 

 them. 



" Why, sir, for one moment, and it can be 

 for but a moment, look at the power this bill 

 undertakes to give the President of the United 

 States. Power to establish what some one 

 calls a horse-doctor, and very well calls, too 

 to do what? Why, to declare the State of 

 Connecticut in quarantine, and to send this 

 horse-doctor, or somebody else, from here to 

 Connecticut, to tell our people what to do in 

 regard to their safety and the health of their 

 domestic animals. 



" Why, sir, this whole bill, although framed 

 with the best intentions, is like many other 

 things which are full of good intentions. It 

 is a bad bill, a bill which ought to receive the 

 attention of this House, a bill which strikes di- 

 rectly at the root of the rights of the State, a 

 bill which undertakes to make the President 

 of the United States a master of the people of 

 this great confederation of States. 



" Sir, the State of Connecticut is sovereign, 

 the State of Texas is sovereign, the State of Mis- 

 souri is sovereign, in everything regarding the 

 health of her people and the welfare and the 

 property of her people. It is not within the pow- 

 er of Congress. Within the limit of the Consti- 

 tution Congress cannot undertake to arrogate to 

 itself this great power. 



" Mr. Chairman, I can not characterize this 

 bill in ten minutes. But I ask gentlemen to 

 examine it with care. This is one of the wedges 

 which we have driven into the constitutional 

 rights of the States. Beware of those wedges I 

 They have been plenty in the past. Let us see 

 to it there will be fewer of them in the future; 

 for the safety of this great people rests on the 

 sovereignty and the rights of the States. With 

 those rights I say rights, not assumed rights, 

 but rights older than the Constitution, God- 

 given rights with those rights protected, cared 

 for, and adhered to, this Government will go 

 on until it will number hundreds of millions of 

 people and hundreds of free and independent 

 States. But, sir, it can not be done, and will 

 never be done, if you undertake to take from 

 the States their rights and give those rights to 

 the confederated Government." 



After a thorough discussion, the bill was 

 amended by inserting in the first section the 

 word "infectious" after the word "conta- 

 gious," and inserting the clause, "not to ex- 

 ceed twenty persons at any one time" after 



