Page:Debates in the Several State Conventions, v5.djvu/476

450. The subject was, however, intricate, and he distrusted his present judgment on it.

Mr. KING. This amendment results from the vote defining treason generally, by striking out "against the United States," which excludes any treason against particular stales. These may, however, punish offences, as high misdemeanors.

On the question for inserting the word "sole," it passed in the negative.

New Hampshire, Massachusetts, Pennsylvania, Delaware, South Carolina, ay, 5; Connecticut, New Jersey, Maryland, Virginia, North Carolina, Georgia, no, 6.

Mr. WILSON. The clause is ambiguous now. "Sole" ought either to have been inserted, or "against the United States" to be reinstated.

Mr. KING. No line can be drawn between levying war and adhering to the enemy against the United States and against an individual state. Treason against the latter must be so against the former.

Mr. SHERMAN. Resistance against the laws of the United States, as distinguished from resistance against the laws of a particular state, forms the line.

Mr. ELLSWORTH. The United States are sovereign on one side of the line dividing the jurisdictions—the states on the other. Each ought to have power to defend their respective sovereignties.

Mr. DICKINSON. War or insurrection against a member of the Union must be so against the whole body; but the Constitution should be made clear on this point.

The clause was reconsidered, ''nem. con.''; and then Mr. WILSON and Mr. ELLSWORTH moved to reinstate "against the United States," after "treason;" on which question,—

Connecticut, New Jersey, Maryland, Virginia, North Carolina, Georgia, ay, 6; New Hampshire, Massachusetts, Pennsylvania, Delaware, South Carolina, no, 5.

Mr. MADISON was not satisfied with the footing on which the clause now stood. As treason against the United States involves treason against particular states, and vice versa, the same act may be twice tried, and punished by the different authorities.

Mr. GOUVERNEUR MORRIS viewed the matter in the same light.

It was moved and seconded to amend the sentence to read,—

"Treason against the United States shall consist only in levying war against them, or in adhering to their enemies;" which was agreed to.

Col. MASON moved to insert the words "giving them aid and comfort," as restrictive of "adhering to their enemies," &c. The latter, he thought, would be otherwise too indefinite. This motion was agreed to,—Connecticut, Delaware, and Georgia only being in the negative.

Mr. L. MARTIN moved to insert, after conviction, &c., "or on