Mr Randolph thought the clause defective in adopting the words, "in adhering" only. The British Stat: adds, "giving them aid and comfort" which had a more extensive meaning.
Mr Elseworth considered the definition as the same in fact with that of the Statute.
Mr Govr Morris "adhering" does not go so far as "giving aid and comfort" or the latter words may be restrictive of "adhering," in either case the Statute is not pursued.
Mr Wilson 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 and 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 explanatory 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 individual States; being an offence agst the Sovereignty which can be but one in the same community.
Mr Madison 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 individual States wd be left in possession of a concurrent power so far as to define & punish treason particularly agst themselves; which might involve double punishmt.
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. J. ay. Pa ay. Del. no. Md ay. Va ay. N. C. divd. S. C. no. Geo. ay.
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 nem. con.