CHAPTER LXXXIII,

Treason.

1. We do not propose in this work to treat of crimes generally. But treason, which is a great crime, and which aims at the existence, or at the peace of the Government, may with propriety be briefly noticed in a work of this kind.

The Constitution itself defines treason in these words (see article 3, section 3): "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort." Then an act of Congress, passed on the 30th of April, 1790, approved and signed by Washington, again defines it in nearly the same words, and makes the penalty therefor to be death by hanging.

2. By another act passed 17th July, 1862, it was made discretionary with the court trying the case to put the offender to death, or to imprison him for not less than five years, and to fine him for a sum not less than ten thousand dollars. The penalty for this crime, even in its mildest form, is very severe; thus showing how atrocious this offence is considered.

3. None but a person owing allegiance to the United States can commit treason against them. The same

acts which would be treason in a citizen would not be treason if perpetrated by a foreigner.

"Misprision of treason" is the concealment of it by a person who knows it has been committed. This also is a grave offence, and is punishable by a seven years' imprisonment, and a fine not exceeding one thousand dol

lars.

4. Any person tried for treason, must be indicted by a grand jury; and then tried by a petit jury in the Circuit Court of the United States within three years after the crime has been committed; otherwise it is barred by limitation-or, in other words, outlawed.

CHAPTER LXXXIV.

Impeachment.

1. In the second article, section four, of the Constitution, these words are found: "The President, VicePresident, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."

2. Impeachment is a procedure against office-holders only, for the purpose of removing them from office. It inflicts no other punishment; but the guilty party may afterwards be prosecuted for his crime in a court of law, and punished in such a manner as the law directs.

3. The Constitution gives the House of Representatives the sole power of impeachment. Its action, however, is not final. Its proceeding in cases of impeachment are analagous to an indictment by a grand jury.

It simply charges that the official has committed a crime for which he should be tried, and removed from office if found guilty.

4. The Senate alone has the power to try the accused party. When trying a case of impeachment it acts as a court, and from its decision there is no appeal. The President cannot pardon a criminal who has been impeached. When the President of the United States is

tried, the Chief Justice of the Supreme Court presides, but in no other case. No person can be convicted in a trial of impeachment, unless two-thirds of the Senate concur in finding the accused guilty of the alleged offence.

CHAPTER LXXXV.

Missouri Compromise.

1. We should not devote a chapter to this subject any more than we should to hundreds of other acts of Congress which need not be noticed in a work of this kind, but for the fact that few, if any, acts passed by that body, have caused so many comments or so much political discussion as this. It may therefore be both interesting and useful to state what the Missouri Compromise was, what its objects were, and how it came to be repealed.

2. The act containing what has long been denominated the Missouri Compromise was passed on the 6th day of March, 1820. The object of the act was the admission of the State of Missouri into the Union. The Compromise was inserted in one of its sections, was proposed by Henry Clay of Kentucky, and was designed to reconcile a high dispute between the members of Congress on the question, "Shall Missouri be admitted as a free or a slave State ?"

3. It was admitted as a slave State, but upon the condition (proviso), that in none of the Territory of the United States lying north of the line of 36 degrees and 30 minutes north latitude should slavery ever be allowed. This proviso was denominated a Compromise; because it was designed to settle the vexed question as to how far northward slavery should be allowed to extend.