[251] That is to say, it is the same crime, committed on the high seas, that is denominated robbery when committed on the land. [252] Madison, Elliot, V. 436, 437. [253] In the clause as it passed the Convention, the offence of _counterfeiting_ was placed with the other crimes which Congress was to "define" and "punish"; but, on the revision of the Constitution, counterfeiting was placed in a separate clause, under the term "to provide for the punishment of," &c. See Art. I. § 8, clauses 6, 10. [254] Elliot, V. 438, 439. [255] Elliot, V. 440, 510, 511. [256] Ibid. 442. [257] Ibid. 443. [258] Ibid. 440. [259] Elliot, V. 510, 511. Constitution, Art. 1. § 8, clause 12. [260] Elliot, V. 443. [261] Art. VII. § 1 of the first draft. Elliot, V. 379. [262] Ibid. 440. [263] Aug 18. Elliot, V. 445. [264] Constitution, Art. I § 8, cl. 16. [265] Art. I. § 8, cl. 15. Ibid. p. 467. [266] Constitution, Art. I. § 8, cl. 18. [267] Elliot, V. 447. [268] See the statutes of Massachusetts and Connecticut, &c. cited in Curtis on Copyright, pp. 77, 78, 79. [269] _Ante_, Chap. IX. [270] Elliot, V. 510, 511, 512. [271] _Ante_, Vol. I. Book III. ch. 5, p. 291 _et seq._ [272] Resolve of October 10, 1780. Journals, VI. 325. [273] Resolve of April 23, 1784. Journals, IX. 153. [274] March 16, 1785. Journals, X. 79. See _ante_, Vol. I. p. 299. [275] See the note on the authorship of the Ordinance of 1787, in the Appendix to this volume. [276] _Ante_, Chap. IV. p. 77, note. [277] See the proceedings concerning Kentucky, in 1788. Journals, XIII. 16, 32, 51, 52, 55. [278] The Federalist, No. 38. [279] The passage quoted from Mr. Jefferson, _ante_, p. 77, also shows that strong doubts were felt in Congress, in 1784, respecting their power to admit new States formed out of unoccupied territory. Indeed, the whole of the proceedings upon Mr. Jefferson's measure of April 23, 1784, show that the powers of Congress over the territory that had been acquired under the cession of Virginia were very variously regarded by the different delegates. See Journals, IX. 138-156. The State of South Carolina voted against the resolve on its final passage, and after it had been modified to meet some of the objections raised.