"And to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers vested, by this Constitution, in the Government of the U. S. or any department or officer thereof."
Mr Madison and Mr Pinkney moved to insert between "laws" and "necessary" "and establish all offices," it appearing 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 establish all offices"
N. H. no. Mass. ay. Ct no. N. J. no. Pa no. Del. no. Md ay. Va no. N. C. no. S. C. no. Geo. no.
The clause as reported was then agreed to nem. con.
Art: VII Sect. 2. concerning Treason which see.
Mr Madison, thought the definition too narrow. It did not appear to go as far as the Stat. 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 Stat: of Edwd 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 one or other authority.