No. 216,] 453 



their health and comforts, a manner combining firmness, kindness, 

 and patience, a disposition to instruct in the manner, as well as to 

 require the act, giving an assurance while making the visit of in- 

 spection, that it is wholly for their advantage, would satisfy the 

 tenants that their health, comfort and protection, against the neglect 

 of the landlord, were the chief objects of the law, and cause the visits 

 of the inspector to be received with interest and pleasure. No per- 

 son is more likely to be received with kindness, and welcomed as a 

 friend, than he who comes to relieve suffering, or restore health. The 

 plan I have suggested of uniting the offices of dispensary physician 

 and health inspector in one individual, will effectually accomplish 

 the object in view, in every particular. 



The enforcement of a law to compel domiciliary cleanliness, may 

 • at first sight, appear to some as impracticable, to others as unconsti- 

 tutional, (on the ground that a man's house is his castle, and his 

 occupation of it cannot be interfered with without his consent,) and 

 •some may suppose it oppressive, as interfering with the rights of 

 citizens to live as many in a room, in such manner as, and in what- 

 ever room they choose. An examination of this subject will expose 

 the erroneousness of such views, and show that an inspection of 

 dwellings will be as justifiable as the inspection of articles of food 

 or clothing, or of steamboat boilers. 



We permit, without objecting, the examination of cur houses by 

 the fire wardens, to see that all is safe against fire. No one objects 

 to the law limiting the number of passengers in a vessel crossing 

 the ocean, and the confiscation of the vessel for its violation; and 

 the public voice would demand, in loud tones, the razing of a house 

 in danger of falling iipon the passers by. Chimneys are required 

 by law to be swept every month, and if they take fire, a fine is im- 

 posed though no damage results. Cispools and sinks are now re- 

 quired to be emptied when the contents attain to a certain depth, 

 under a heavy penalty. Unsound beef, hides, skins, fish, or any pu- 

 trid, or unsound or unwholesome substance, may be forthwith cast 

 into the river by the officer. The fire law prevents the erection of 

 wooden buildings within certain limits, and prescribes the mode in 

 w^hich brick buildings shall be built. All these instances, and many 

 others that might be mentioned, may be said to infringe on the 

 rights of citizens, with as much propriety as the amendments here 

 suggested. Nay, further, with regard to nuisance^, the statute ex- 

 pressly declares the right of the Common Council to_^// up any lots, 

 yards, or cellars which may endanger by their condition, the public 



