346 F. ECOF. DS OF THE FEDERAL CONVENTION Mo?lay MADISON ?lugust zo Mr. Elseworth considered the definition as the same in fact with that of the Statute. Mr. Govr Morris "adherlng" does not go so far as giving aid <and) 8a Comfort" or the latter words may be restrictive of "adhering". in either case the Statute is not pursued. MrWilson held "giving aid and comfort" to be explanatory, not operative words; and that it was better to omit them-- Mr Dickenson, thought the addition of "giving aid & comfort" unnecessary & improper; being too vague and extending too far- He wished to know what was meant by the "testimony of two witnesses", whether they were to be witnesses to the same overt act or to different overt acts. He thought also that proof of an overt-act ought to be expressed as essential in the case. Docr Johnson considered "giving aid & comfort" as ex- planatory of "adhering" & that something should be inserted in the definition concerning overt-acts. He contended that Treason could not be both agst. the U. States- and indi- vidual States; being an offence agst the Sovereignty which can be but one in the same community- Mr. M(adison) remarked that "and" before "in adhering" should be changed into "or" otherwise both offences (viz of levying war, & of adhering to the Enemy) might be necessary to constitute Treason. He added that as the definition here was of treason against the U.S. it would seem that the indi- vidual States wd. be left in possession of a concurrent power so far as to define & punish treason particularly agst. them- selves; which might involve double punishrot. It was moved that the whole clause be recommitted (which was lost, the votes being equally divided.) N- H- no. Mas- no- Ct no- N- Jay- Pa ay- Del- no- Md. ay. Va. ay- N C- divd S- C-no. Geo- ay. -- [Ayes -- 5; noes -- 5; divided -- x.] Mr. Wilson & Docr. Johnson moved, that "or any of them" after "United States" be struck out in order to remove the embarrassment: which was agreed to hem. con-- sa Crossed out "or ".
�
