Page:The Records of the Federal Convention of 1787 Volume 2.djvu/354

 4 8 REC01DS OF THE F]DERAL CONVENTION Monday MADISON ,4ugust 2o no. Va.- ay. N. C. no- S.C. no. Geo- no. [Ayes- ; noes--8.] It was moved to strike out "agst United States" after "treason" so as to define treason generally- and on this question Mas. ay M Ct. ay. N--J. ay. Pa ay. Del. ay. Md. ay. Va. no. N. C. no. S. C ay. Geo. ay. [Ayes- 8; noes- z.] It was then moved to insert after "two witnesses" the words "to the same overt act". Doer Franklin wished this amendment to take place- prosecutions for treason were generally virulent; and perjury too easily made use of against innocence Mr. Wilson. much may be said on both sides. Treason may sometimes be practised in such a manner, as to render proof extremely di/ficult--as in a traitorous correspondence with an Enemy. On the question- as to same overt act N--H--ay--Mas--ay--Ct. ay. N.J. no--Pa. ay-- DelM ay--Md ay. Va no--N. C. no--S. C. ay--Geo--- ay- [Ayes -- 8; noes -- 3.] Mr King moved to insert before the word "power" the word "sole", giving the U. States the exclusive right to de- clare the punishment of Treason. Mr Broom zds. the motion- Mr Wilson in cases of a general nature, treason can only be agst the U- States. and in such they shd have the sole right to declare the punishment- yet in many cases it may be otherwise. The subject was however intricate and he dis- trusted his present judgment on it. Mr King this amendment results from the vote defining treason generally by striking out agst. the U. States; which excludes any treason agst particular States. These may how- ever punish offences as high misdemesnors. On inserting the word "sole". (It passed in the negative) N- H. ay- Mas- ay. Ct no-N. J- no-Pa ay. Del. ay. Md ino- Va- no- N- C- no- S.C. ay- Geo- no.-- [Ayes  5; noes -- 6.] Mr. Wilson. the clause is ambiguous now. "Sole"

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