Outline

I'm looking at quarantine laws between roughly 1870 and 1920, to see how the States and federal government worked together. There's a few reasons I chose this era: it spans a few epidemics (principally yellow fever), and the unsuccessful creation of a federal body (the National Board of Health) to regulate quarantine uniformly in cases where States failed. But in the end (around 1883, an unconfirmed source reports: link) the Board failed. I'm curious why it failed.

My time frame ends with the creation of the first successful federal quarantine laws.

Background: Disease and Quarantine in the Late 19th Century

The 19th Century overall brought with it groundbreaking advances in medical science. Pasteur's initially radical germ theory appeared to be largely accepted in the medical and public health literature by the timeframe in this project. The literature around this time reflects great hope for rapid scientific advancement in many areas including disease origins and nature. There were hot debates both about the validity of new discoveries, and how these could best be translated into frameworks for prevention and remedy.The mood was generally optimistic: ' it is believed that the country was never in better condition to resist the progress of epidemics than it is at the present time' declared the National Board of Health's Annual report for 1885. A broad movement for public health had begun in Great Britain around the 1850s, and was slowly taking off in America, with interest turning to sewers and school hygiene. Later within in my chosen time period, the introduction of publicly provided childhood vaccinations began.

Quarantine measures, a very old disease prevention technology, were being updated to reflect new understandings of the mechanics of infection. Good examples of this were in relation to cholera (which had recently been discovered to be transmitted from feces-contaminated water). See eg The Sanitarium, 1894, pp 3-4

Until the work done by Walter Reed to confirm the transmission of yellow fever by mosquitoes in 1900, the disease was assumed to be transferred either from direct contact with infected people, or to be airborne. This pamphlet in 1879 favors the latter theory, recommending quarantine measures for ships based on the new science of thermodynamics.Yellow Fever, A Nautical Disease, Its Origin and Prevention (1879)

Some of my sources indicate a welcoming attitude to State regulation. An example is Henry I. Bowdich, Public Hygiene in America: Being the Centennial Discourse Delivered Before the International Medical Congress, Philadelphia, September 1876 p 2. His address opined: Only the State with its great resources, with a large corps of able and earnest agents occupied in the observation of the rise and progress of disease, and in the analysis of such observations for many generations, can hope to unravel even a few of the many mysterious causes of the diseases of any nation, especially of one covering so large a proportion of the earth’s surface as the United States.

The rise and fall of the National Board of Health

The public, we may almost now say national health, is too vast and important a concern to be entrusted to inefficient boards of health and spasmodic Congressional legislation (Report to Congress in the wake of the 1878 yellow fever epidemic from the Commission as to the Causes and Prevention of Yellow Fever. Link here.)

The report notes that 32 of the States had, in 1885, boards of health or 'other forms of sanitary organization charged with the duty of devising and enforcing such measures as may serve to promote the well-being of the people'

Key points: In the mid 1880s there was a virulent cholera epidemic in Europe, and American authorities were anxious to resist its introduction as much as possible. It spread to New York (city and quarantine station) in 1892. The Surgeon General reports that this anxiety prompted the passage of the Federal quarantine Act in 1893 link, at p 265. A plain English translation of the Bill is also in the report, linked here. The Surgeon-General does not comment on section 9 of the Act, repealing the National Board of Health.

Both Links in table below. 1) "An act to prevent the introduction of infectious or contagious diseases into the United States, and to establish a national board of health" 45th Congress, Session III, 1879 20 Stat 484. Although I scanned this in, google books has a publication called the Sanitarian from 1894 that is clearer, and contains the bill text at page 230.

2) "An act granting additional quarantine powers and imposing additional duties upon the Marine Hospital Service" 27 Stat 449 Ch 114, 52nd Congress, approved February 15 1893. Section 9 of this Act repeals the 1879 act above.

-- EmilyByrne - 13 Nov 2009

Court Response

Louisiana v Texas 176 US 1 (1900) held that there was no interstate federal jurisdiction merely because the quarantine actions of one state (Texas) hurt those of another (Louisiana). The facts of the case concerned the Texan embargo on interstate trade during the yellow fever outbreak in 1899. The Supreme Court point-blank refused to get involved.

The enaction of federal quarantine laws

Conclusions

Odds and (dead) ends

Assistant Surgeon General John Macauley Eager. (Again, after looking at the hardcopy, it's on Google books so I've attached that link.) The book as a whole is very interesting, but sadly not quite what I was looking for (I was hoping for some kind of primary source hook). In fact, the author states on page 26 'Without touching on the history of quarantine in America, which is another and interesting story, it is profitable to take another view of the further history of quarantine in Europe.'

The Australian constitution was drafted in the era under examination in this project (coming into effect in 1901).While the Australian drafters copied whole slabs of the US Constitution (sometimes without thinking it through very carefully) one of the specific heads of power they gave to the Australian federal government that is not present in the US Constitution was the power to regulate quarantine (s 51(ix)). link to pdf. I had speculated that there might have been some connection. However, Quick and Garran, which is a commentary on the Australian Constitution written in 1901 containing background of the convention debates section by section, does not give more emphasis to the U.S. examples than those in Candada or Great Britain. links. (A link with the specific page references appears in the table below)

Help Request: does anyone know a good way to find early acts of Congress? I have them in hardcopy, and am trying to find them in a public source electronic form.

-- EmilyByrne - 4 Jan 2010

Hi Emily! I tried to add a comment in the 'comment' box but it didn't show up anywhere on the page afterwards, so I've resorted to just editing your page directly - I hope that's okay. Anyway, I'm not sure whether this is the type of thing you're looking for with regard to early acts of Congress, but it might be useful as a primary source database in any case:

http://memory.loc.gov/ammem/amlaw/

Good luck!

Angela Chen

Hey Emily, here's a link to an article (sorry not a primary source) on race, immigration, disease and law at turn-of-century. at least points to some potentially useful federal case law and hopefully other useful directions -- Andrew http://www.jstor.org/stable/828412?seq=1

-- AndrewKerr - 05 Dec 2009

Thanks Angela! That's very close to what I was looking for, only just for a slightly later date range to cover the 1890s. But I think your link will be very helpful regardless. And thanks Andrew! I hadn't even begun to think about the role race and immigration concerns would play into this, except at a really general level. And the article is really interesting. Emily

-- EmilyByrne - 14 Dec 2009

• Quick_and_Garran.pdf: Quick, John & Garran, Robert (1901) The Annotated Constitution of the Australian Commonwealth Sydney: Angus & Robertson.

• The_early_history_of_quarantine.pdf: The_early_history_of_quarantine.pdf Eager, John M (1903) The Early History of Quarantine Washington: Government Printer.

• National_Board_of_Health_letter_expenses_1886.pdf: Letter dated 1886 concerning expenses of the National Board of Health

• Letter_1884.pdf: Letter concerning the functions of the National Board of Health 1884