I am free to say, Sir,—and what I am about to remark is particularly in answer to the Senator from New York [Mr. Harris],—that, if this question were presented independent of the Constitution, I should be little disposed to follow the Common Law. In my judgment the Common Law is less wise here than it ought to be. I cannot but think that the jurisprudence of other civilized countries, derived from the Roman Law, supplies a better rule. There is no other civilized jurisprudence under which a witness is excused from answering any question, though the answer may affect his character or honor, or even render him criminal. The Common Law, at an early day, under a generous inspiration, adopted a contrary principle, which, crossing the ocean with our forefathers, is embodied in the text of the Constitution. Finding it there, I accept it; certainly I do not quarrel with it; but I cannot consent that it shall receive any expansion, especially interfering with the public interests. I hope the bill may pass as it comes from the House, without amendment. It is a good bill.
Mr. Harris, of New York, moved as an amendment: “Nor shall this Act be so construed as to require any witness to testify to any fact which shall tend to criminate him.” The question, being taken by yeas and nays, resulted, yeas 19, nays 21; so the amendment failed.
The bill was then passed, and, January 24th, approved by the President.[140]
LIMITATION OF DEBATE IN THE SENATE.
Remarks in the Senate, on a Five Minutes’ Rule, January 27 and 29, 1862.
A Joint Rule, moved by Mr. Wade, of Ohio, to facilitate secret sessions, contained a restriction on debate, which was afterwards struck out on his own motion. Mr. Sumner united with others against this restriction, and some of his remarks are preserved here as a record of opinion.
January 27th, he said:—