7. Their satisfaction was not very durable. The discovery of gold in California filled it with inhabitants so soon, and these so largely from the free States, that in two years from its definite acquisition it petitioned for admission into the Union with a clause in its Constitution prohibiting Slavery. This was very exasperating to the South, and after a long and violent contest could be carried by the North only by the passage of the Fugitive Slave Law—a re-enactment of a part of the Compromise of the Constitution with provisions so vigorous and effective, could they have been enforced, as to be, in the highest degree, offensive to a considerable part of the northern people. Utah was given a Territorial government as a concession to the South, and the Slave Trade was abolished in the District of Columbia as her corresponding concession to the North. These were the four compromise measures of 1850, the result of a discussion lasting nearly a year, engendering great bitterness on both sides, and failing to satisfy either.
8. The attempt to enforce the Fugitive Slave Law proved ineffectual, in the end; the rooted aversion of the Northern people to Slavery, kept in abeyance before by less offensive compromises, being fully aroused. This produced in the Southern people a bitter indignation as showing a disposition to rebel against a constitutional provision in their favor. They procured, in 1854, the repeal of the Missouri Compromise in the famous “Kansas and Nebraska Bill,” and sought to introduce Slavery into Kansas. A civil war in that Territory followed, which resulted in the triumph of the Northern party. The extinction of Slavery was now apparently but a question of time, the hostility to it in the North becoming so out-spoken and averse to Compromises acceptable to the South, that they began to look forward to separation, which they endeavored to accomplish from 1860-5. A civil war, such as only Americans could wage, was carried on during these years. The resolution, bravery, and military talents of either side were never excelled; but the resources of the North seemed inexhaustible. Her numbers, activity, and the inventive genius of her skilled artisans gave her an immense superiority. This war is a cause at once of pride and grief to every true American. In the contest Slavery, the cause of it, disappeared, the Constitution was amended, and the necessity of Compromises on this question forever ceased.
CHAPTER XVII.
TREASON.
1. This is an offense aiming at the existence of the government; and in all other governments it has ever been customary to punish it with extreme severity. Many things are considered to be of the nature of treason, and, as such, severely punished in most countries. The Constitution defines treason to be “levying war against the United States, or adhering to their enemies, giving them aid and comfort;” so that the highest or capital crime alone may be pursued with its penalties. This is another evidence of the extreme moderation of the founders of the government, which we have had occasion to notice so often in our examination.
2. An act of Congress passed April 30th, 1790, defines it in the same sense and orders that the convicted offender shall be hung.
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 offense 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 offense, and is punishable by a seven years’ imprisonment, and a fine not exceeding one thousand dollars.
4. Any person tried for treason, must be indicted by a grand jury, and 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.