rates of England and Wales alone, the greater proportion of deaths of the heads of families occurred from specified removable causes; and that the average of their ages was under fortyfive years, or thirteen years below the natural probability of life, as shown by experience. 9. It is proved that the preventable causes of disease, and the unnecessary mortality, impose upon the people immense pecuniary burdens which might be avoided. 10. It is proved that the younger population, bred up under noxious physical agencies, is inferior in physical organization and general health to a population preserved from such agencies; and that these adverse circumstances tend to produce an adult population, short-lived, improvident, reckless, intemperate, immoral, and with excessive desires for sensual gratifications. II. THE SANITARY MOVEMENT AT HOME. Sanitary Police. Some historical notice of the sanitary legislation of Massachusetts, seems proper, preliminary to any statements of its present condition. We have accordingly presented, in the appendix, the titles of all the acts relating to matters connected with the public health, from the commencement of the provincial charter, in the year 1692, to the present time, arranged in chronological order; and referred, in connection, to the printed works where they may be found. The subject seems to have received little attention from the General Court, during the old colonial charter. Two acts, which have some relation to it, we shall presently notice. Laws were passed by 1 Towns, however, under the general authority which they possessed, sometimes made regulations regarding sickness. The selectmen of Salem, in 1678, ordered that William Stacy, who is sick of the small-pox, doth not presume to come abroad till three weeks after this date; and that he be very careful that when the time be expired he shift his clothes, and do not frequent company till he be wholly clear of the infection." And again-The se lectmen being informed that William Lord, Jr., is visited with the small-pox, at his father's house, do order that William Lord, sen., his wife and children that live with him, do keep within their house, and that they do not offer to sell any of their wares, viz.: bread, cakes, gingerbread, and the like; and that they suffer none to come to their house, but what necessity requires, upon the penalty of 20s. in money for each offence. It is ordered that Thomas Stacey doth forbear grinding at the mill, and that he be careful he doth not infect others, on the penalty of 20s. A house is ordered to be impressed for our sick, having the small-pox."Fell's Annals of Salem, Vol. II, p. 423. The following act was passed by the Massachusetts Colony, in 1660 : "This court, considering how far Satan doth prevail upon several persons within this jurisdiction to make away themselves, judgeth that God calls them to bear testimony against such wicked and unnatural practices, that others may be deterred therefrom: "Do therefore order, that from henceforth, if any person, inhabitant or stranger, shall at any time be found by any jury to lay violent hands on themselves, or be wilfully guilty of the provincial government, relating to nuisances, drainage, small-pox, and some other matters; many of which were special acts, or partial in their operation. But though imperfect, they are honorable to the State, and exhibit the care which the Legislature has ever wished to exercise over the people. To them we have been indebted for many excellent sanitary municipal regulations, which have continued until the present time. Nuisances. In 1692 and 1708, acts were passed, providing that "in Boston, Salem, Charlestown, respectively, and other market towns in the province," "slaughter-houses for killing of meat, still-houses, and houses for the trying of tallow, currying and dressing of leather, either with lime, alum, or oil, be assigned by the selectmen to places where it may be least offensive," and prohibited elsewhere; and records were to be kept of such assignment. The provisions of these acts were incorporated into that of June 7, 1785, and then extended to Newburyport, and other towns in the State, in which the selectmen and two justices might judge it to be necessary; and included earthen ware in the list of manufactures to be regulated. A fine of £5 was imposed for a breach of the law, which, by the additional act of March 4, 1800, was fixed at $20. The Revised Statutes modified this act, and extended its provisions to any town in the State, at the option of the selectmen, and included "any trade or employment offensive to the inhabitants, or dangerous to the public health." Drainage and Sewerage. In 1702, an act was passed providing "for appointing commissioners of sewers, for the draining and removing of the banks and obstructions of the passage of waters in rivers, brooks, or ponds that occasion the overflow and drowning of meadows and low lands; and also for the draining and flowing of swamps and other unprofitable grounds, and drying of them." Another act, "for regulating drains and common shores," [sewers,] was passed in 1709, placing them under the direction and control of the selectmen of the town. These provisions were incorporated into the two laws of the their own death, every such person shall be denied the privilege of being buried in the common burying-place of Christians, but shall be buried in some common highway, where the selectmen of the town where such person did inhabit shall appoint, and a cart-load of stones laid upon the grave as a brand of infamy, and as a warning to others to beware of the like damnable practices." Ancient Charters and Luws, p. 187. State, passed Feb. 26, 1796, and Feb. 20, 1797, and remained in force until their repeal in 1836, when they were reënacted in the modified form of the Revised Statutes. Sickness. Legislation on this subject, principally with reference to the small-pox, has been frequent in the history of the State. As early as 1701, "an act providing in case of sickness," was passed, "for the better preventing the spreading of infection." By this act, when persons "were visited with the plague, small-pox, pestilential or malignant fever, and other contagious sickness, the infection whereof may be communicated to others," the selectmen were empowered, "for the preservation of the inhabitants," to remove such infected persons to separate houses, and to provide "nurses, tendance, and other assistance and necessaries for them, at the charge of the parties themselves, their parents or masters, (if able,) or otherwise at the charge of the town or place whereto they belong." And the sheriff of the county, his deputy, or the constable of the town, were required, under direction of the selectmen, "to impress and take up convenient housing, lodging, nurses, tendance, and other necessaries for the accommodation and relief of the sick." And if a vessel arriving in the province happened "to be visited with the plague, small-pox, pestilential or malignant fever, during the voyage, or to come from any place where such sickness prevailed," they were authorized to prevent all persons belonging to the ship coming on shore, or those on shore having any intercourse with them. This has been the foundation of all the sanitary laws passed since that time. Its provisions were retained and much extended in the great act of June 22, 1797, which was the most important sanitary act passed in the United States, prior to the passage of the Massachusetts registration laws. The small-pox has often prevailed in the State as an epidemic, and legislation to guard against its effects has been frequent. In 1730, an act was passed, "empowering courts to adjourn and remove from the towns appointed by law for holding courts, to other towns, in cases of sickness by the smallpox." Another act was passed, in 1751, respecting clothing and other goods supposed to be infected, containing almost the same provisions as were reënacted in 1797, and incorporated into the Revised Statutes in 1836. Other acts respecting the small-pox were passed in 1742, 1757, 1776, 1777, 1792, and 1793. On the 6th of March, 1809, an act was passed, making it the duty of towns to choose a committee to superintend the vaccination of the inhabitants. This excellent law was so modified, improperly as we think, in the Revised Statutes, as to leave it to the discretion of the selectmen, to act or not to act under its authority, as they might choose. Insanity. In 1694, towns were required to provide for the "relief, support, and safety" of persons "naturally wanting of understanding, so as to be uncapable to provide for him or herself, or by the providence of God shall fall into distraction, and become non compos mentis." Acts "for suppressing rogues, vagabonds, common beggars, and other idle and disorderly and lewd persons," were passed in 1758 and 1798, by which justices were empowered to commit insane persons to the house of correction. These acts were repealed in 1834, though some of their bad features are still retained. It seems to us that, unless crime has actually been committed, insane persons should not be treated as criminals, but should be restrained and provided for by some other tribunal than a criminal court. Quarantine. We have already alluded to one law, partially quarantine. In 1700, the masters of ships were required to furnish a list of all passengers to the selectmen of towns, and give security for the support of any "impotent, lame, or infirm person" who might be discharged. At a subsequent period, not exactly known, a hospital was erected on Spectacle Island, by the town of Boston; and, in 1736, an arrangement was made between Boston and the Commonwealth, for a permanent quarantine establishment on Rainsford's Island. No hospital, however, appears to have been erected until some time afterwards. In 1757, "An Act for regulating the Hospital on Rainsford's Island, and further providing in case of sickness,' was passed. This act commences, "Whereas a good and convenient house hath been provided at the charge of the province, on the island called Rainsford's Island, for the reception of such persons as shall be visited with any contagious sickness;" and then follow the general provisions of law on the subject. An additional act was passed in 1758; and in 1799 the whole quarantine regulations were transferred to the Boston Board of Health; and there it rested, as it always should have done, until the Revised Statutes were passed. Special Legislation. The first Board of Health in the State was established in Boston, by a special act of the Legislature, passed February 13, 1799. This first act was, however, repealed, and another, more comprehensive and extended, was passed in its stead, on the 20th of June in the same year. This act contains twenty-five sections, and has since formed the basis of our special legislation. Besides its own provisions, it imposed upon the board all the powers and duties of the general act of June 22, 1797. Additional acts were passed in 1803, 1804, 1806, 1809, and 1810. In the last-named year, the Board of Health were authorized to make rules and regulations for burial grounds, and for the interment of the dead; and under that act, in that year, was commenced the excellent plan of recording the name, age, and disease of every person buried; which records have been continued until the present time. June 20, 1816, a revised act for establishing the Board of Health, drawn by Benjamin Whitman, Esq., was passed, and repealed so much only of the previous acts, as were inconsistent with its provisions. By the city charter, all the powers of the Board of Health were "transferred to and vested in the city council." Boards of Health have since been established in other places, according to the following statement: Towns. When Established. Boston, Salem, History. Feb. 13, 1799. Transferred to City Council, Feb. 23, 1822. 66 66 66 Marblehead, Feb. 22, 1802. Still existing in the town. Feb. 27, 1810. 66 66 Plymouth, June 16, 1821. March 2, 1828. 66 April 10, 1850. 66 March 17, 1846. The acts of 1799 and 1816, establishing the Board of Health for Boston, provide, "that all the powers and duties which are given to or required of the selectmen of the town of Boston, |