Page:The Records of the Federal Convention of 1787 Volume 2.djvu/355

 RECORDS OF THE FEDERAL CONVENTION 549 Mozday MADISON atugust ought either to have been inserted- or "against the U- S." to be reinstated. Mr King no line can be drawn between levying war and adhering to enemy--agst the U. States and agst an indi- vidual States- Treason agst the latter must be so agst the former. Mr Sherman, resistance agst. the laws of the U- States as distinguished from resistance agst the laws of a particular State, forms the line- Mr. Elseworth- the U.S. 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. Dickenson, war or insurrection agst a member of the Union must be so agst the whole body; but the Constitution should be made clear on this point. The clause was reconsidered nero. con--& then, Mr. Wilson & Mr. Elseworth moved to reinstate "agst the U.S.". after "Treason" -- on which question N- H- no- Mss. no. Ct. a 7- N- J- ay- Pa no- Del. no- Md ay. Va. ay- N- C. ay- S- C- no- Geo. a 7-- [Ayes --6; noes -- 5'] Mr M  (adison)was not satisfied with the footing on which the clause now stood. As treason agst the U- States invoIves Treason agst. particular States, and vice �ersa, the same act may be twice tried & punished by the different authorities- Mr Govr Morris viewed the matter in the same lights- (It was moved & 2ded to amend the Sentence to read z_ "Treason agst. the U.S. shall consist only in levying war against them, or in adhering to their enemies" which was agreed to.) �l- Mason moved to insert the words "giving {them) aid comfort". as restrictive of "adhering to their Enemies &c"- the latter he thought would be otherwise too indefinite- This motion was agreed to (Cont: Del: & Georgia only being in the Negative.)0 Mr L. Martin -- moved to insert after conviction &c -- "or Taken from Journal.

�