It was moved & 2ded to amend the sentence to read–"Treason agst the U. S. 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: Cont: Del: & 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
N. H. ay. Mass. no. Ct ay. N. J. ay. P. ay. Del. ay. Md ay. Va ay. N. C. divd. S. C. no. Geo. no.
Art: VII. Sect. 2, as amended was then agreed to nem. con.
Sect. 3. taken up. "white & other" struck out nem. con. as superfluous.
Mr Elseworth moved to require the first census to be taken within "three" instead of "six" years from the first meeting of the Legislature–and on question
N. H. ay. Mass. ay. Ct ay. N. J. ay. Pa ay. Del. ay. Md ay. Va ay. N. C. ay. S. C. no. Geo. no.
Mr King asked what was the precise meaning of direct taxation? No one answd.
Mr Gerry moved to add to the 3d Sect. Art: VII. the following clause "That from the first meeting of the Legislature of the U. S. until a Census shall be taken all monies 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".