On inserting the word "sole." It passed in the negative
N. H. ay. Mas. ay. Ct no. N. J. no. Pa ay. Del. ay. Md no. Va no. N. C. no. S. C. ay. Geo. no.—
Mr Wilson. the clause is ambiguous now. "Sole" ought either to have been inserted, or "against the U. S." to be re-instated.
Mr King no line can be drawn between levying war and adhering to enemy agst the U. States and agst an individual State–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 nem. con–& then Mr Wilson & Mr Elseworth moved to reinstate "agst the U. S." after "Treason–" on which question
N. H. no. Mass. no. Ct ay. N. J. ay. Pa no. Del. no. Md ay. Va ay. N. C. ay. S. C. no. Geo. ay.
Mr Madison was not satisfied with the footing on which the clause now stood. As Treason agst the U. States involves treason agst particular States, and vice versa, the same act may be twice tried & punished by the different authorities. Mr Govr Morris viewed the matter in the same light—