This bill is to operate in the Slave States. But, with the rule of
evidence prevailing there, I see insuperable difficulties in the way
of conviction. If Congress choose to authorize criminal proceedings
against Rebels, as is done by this bill, then in good faith they must
see that the proceedings are not entirely nugatory, through failure of
evidence, under the operation of an irrational rule of exclusion.
Mr. Clark said, that the Committee was influenced by the
consideration, that under the bill slaves would become free on
the conviction of their masters for treason; and the Committee
“thought it would look a little like inducing the slave to
come forward and swear against the master, … if we put such a
provision in the bill; and we rejected it on that ground.”