Mr Govr Morris moved to strike out "declare the law" and insert "punish" before "piracies," and on the question.
N.H. ay. Mass. ay. Ct no. Pa ay. Del. ay. Md ay. Va no. N.C. no. S.C. ay. Geo. ay.
Mr Madison & Mr Randolph moved to insert "define &," before "punish."
Mr Wilson thought "felonies" sufficiently defined by common law.
Mr Dickenson concurred with Mr Wilson.
Mr Mercer was in favor of the amendment.
Mr Madison. Felony at common law is vague. It is also defective. One defect is supplied by Stat: of Anne as to running away with vessels which at com̃on law was a breach of trust only. Besides no foreign law should be a standard farther than is expressly adopted. If the laws of the States were to prevail on this subject, the Citizens of different States would be subject to different punishments for the same offence at Sea. There would be neither uniformity nor stability in the law–The proper remedy for all these difficulties was to vest the power proposed by the term "define" in the Natl legislature.
Mr Govr Morris would prefer designate to define, the latter being as he conceived, limited to the preexisting meaning.
It was said by others to be applicable to the creating of offences also, and therefore suited the case both of felonies & of piracies. The motion of Mr M. & Mr R. was agreed to.
Mr Elseworth enlarged the motion so as to read "to define and punish piracies and felonies committed on the high seas, counterfeiting the securities and current coin of the U. States, and offences agst the law of Nations" which was agreed to nem. con.