enemies of the United States within the said territories, giving them aid and comfort within their territories or elsewhere, and thereof be provably attainted of open deed, by the people of his condition, he shall be adjudged guilty of treason."

On this question,—

New Jersey, Virginia, aye-2; Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, Georgia, no—8.

It was then moved to strike out "against the United States" after "treason," so as to define treason generally; and on this question,-

Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, aye-8; Virginia, North Carolina, no-2.

It was then moved to insert, after "two witnesses," the words, "to the same overt act."

Doctor 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 difficult-as in a traitorous correspondence with an enemy.

On the question, as to "same overt act,"-New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, South Carolina, Georgia, aye-8; New Jersey, Virginia, North Carolina, no-3.

Mr. KING moved to insert, before the word "power," the word, "sole," giving the United States the exclusive right to declare the punishment of treason.

Mr. BROOM seconds the motion.

Mr. WILSON. In cases of a general nature, treason can only be against the United States; and in such they should have the sole right to declare the punishment; yet in many cases it may be otherwise. 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 States. These may, however, punish offences, as high misdemeanours.

On the question for inserting the word "sole," it passed in the negative,-New Hampshire, Massachusetts, Pennsylvania, Delaware, South Carolina, aye-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 re-instated.

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.

แ

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, aye-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 confession in open court;" and on the question (the negative States thinking the words superfluous,) it was agreed to,-New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Ma

ryland, Virginia, aye-7; Massachusetts, South Carolina, Georgia, no-3; North Carolina, divided. · Article 7, Sect. 2, as amended, was then agreed to, nem. con. 321

Article 7, Sect. 3, was taken up. The words, "white and others," were struck out, nem. con., as superfluous.

Mr. ELLSWORTH moved to require the first census to be taken within "three," instead of "six,” years, from the first meeting of the Legislature; and on the question, New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, aye-9; South Carolina, Georgia, no-2.

Mr. KING asked, what was the precise meaning of direct taxation? No one answered.

Mr. GERRY moved to add to Article 7, Sect. 3, the following clause: "That from the first meeting of the Legislature of the United States until a census shall be taken, all moneys for supplying the public treasury by direct taxation shall be raised from the several States according to the number of their Representatives respectively in the first branch."

Mr. LANGDON. This would bear unreasonably hard on New Hampshire, and he must be against it. Mr. CARROLL Opposed it. The number of Representatives did not admit of a proportion exact enough

for a rule of taxation.

Before any question, the House
Adjourned.

VOL. I.-87

TUESDAY, AUGust 21st.

In Convention,-Governor LIVINGSTON, from the Committee of eleven to whom were referred the propositions respecting the debts of the several States, and also the militia, entered on the eighteenth inst., delivered the following report:

"The Legislature of the United States shall have power to fulfil the engagements which have been entered into by Congress, and to discharge, as well the debts of the United States, as the debts incurred by the several States, during the late war, for the common defence and general welfare.

"To make laws for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by the United States.”

Mr. GERRY considered giving the power only, without adopting the obligation, as destroying the security now enjoyed by the public creditors of the United States. He enlarged on the merit of this class of citizens, and the solemn faith which had been pledged under the existing Confederation. If their situation should be changed, as here proposed, great opposition would be excited against the plan. He urged, also, that as the States had made different degrees of exertion to sink their respective debts, those who had done most would be alarmed, if they were now to be saddled with a share of the debts of States which had done least.