Page:The Records of the Federal Convention of 1787 Volume 2.djvu/351

 KECOP. DS OF THE FEDERAL CONVENTION 4 Monday MADISON dlgst 20 vested, by this Constitution, in the Government of the U.S. or an 7 department or officer thereof. "e Mr. M and Mr. Pinkne 7 moved to insert between "laws" and "necessary" "and establish all offices". it appear- ing to them liable to cavil that the latter was not included in the former. Mr. Govr. Morris. Mr. Wilson, Mr Rutlidge and Mr. Elseworth urged that the amendment could not be necessary. On the motion for inserting "and establlsh all offices" N.H. no. Mss. ay. Ct. no. N.J. no. Pa. no. Del. no. Md. a�. Va. no. N- C- no. S.C. no. Geo. no. [Ayes--2; noes -- 9.] The clause as reported was then agreed to nero con. Art: VII sect. 2. concerning Treason which see 7 Mr. M<adison,) thought the definition too narrow. It did not appear to go as far as the Star. of Edwd. III. He did not see why more latitude might not be left to the Legislature. It wd. be as safe as in the hands of State legislatures; and it was inconvenient to bar a discretion which experience might enlighten, and which might be applied to good purposes as well as be abused. Mr Mason was for pursuing the Star: of Edwal. III. Mr. Govr Morris was for giving to the Union an exclusive right to declare what shd. be treason. In case of a contest between the U- S- and a particular State, the people of the latter must, under the disjunctive terms of the clause, be traitors to or other authority. Mr Randolph thought the clause defective in adopting the words "in adhering" only. The British Star: adds. "glw ing them aid 8 comfort" which had a more extensive meaning. 6 See Appendix A, CLXI. ? Article VII, Sect. 2. "Treason against the United States shall consist only in levying war against the United States, or any of them; and in adhering to the enemies of the United States, or any of them. The Legislature of the United States shall have power to declare the punishment of treason. No person shall be convicted treason, unless on the testimony of two witnesses. No attainder of treason shall work corruptlon of bloods nor forfeiture, except during the life of the person attainted." s Crossed out

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