The clause "to call forth the aid of the Militia &c. was postponed till report should be made as to the power over the Militia referred yesterday to the Grand Committee of eleven. M^r Mason moved to enable Congress "to enact sumptuary laws." No Government can be maintained unless the manners be made consonant to it. Such a discretionary power may do good and can do no harm. A proper regulation of excises & of trade may do a great deal but it is best to have an express provision. It was objected to sumptuary laws that they were contrary to nature. This was a vulgar error. The love of distinction it is true is natural; but the object of sumptuary laws is not to extinguish this principle but to give it a proper direction. M^r Elseworth. The best remedy is to enforce taxes & debts. As far as the regulation of eating & drinking can be reasonable, it is provided for in the power of taxation. M^r Gov^r Morris argued that sumptuary laws tended to create a landed nobility, by fixing in the great-landholders and their posterity their present possessions. M^r Gerry, the law of necessity is the best sumptuary law. On Motion of M^r Mason "as to sumptuary laws" N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. ay. M^d ay. V^a no. N. C. no. S. C. no. Geo. ay. "And to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers vested, by this Constitution, in the Government of the U. S. or any department or officer thereof." M^r Madison and M^r Pinkney moved to insert between "laws" and "necessary" "and establish all offices," it appearing to them liable to cavil that the latter was not included in the former. M^r Gov^r Morris, M^r Wilson, M^r Rutlidge and M^r Elseworth urged that the amendment could not be necessary. On the motion for inserting "and establish all offices" N. H. no. Mass. ay. C^t no. N. J. no. P^a no. Del. no. M^d ay. V^a no. N. C. no. S. C. no. Geo. no. The clause as reported was then agreed to nem. con. Art: VII Sect. 2. concerning Treason which see. M^r Madison, thought the definition too narrow. It did not appear to go as far as the Stat. of Edw^d III. He did not see why more latitude might not be left to the Legislature. It w^d be as safe as in the hands of State legislatures. And it was inconvenient to bar a discretion which experience might enlighten, and which might be applied to good purposes as well as be abused. M^r Mason was for pursuing the Stat: of Edw^d III. M^r Gov^r Morris was for giving to the Union an exclusive right to declare what sh^d be treason. In case of a contest between the U. S. and a particular State, the people of the latter must under the disjunctive terms of the clause, be traitors to one or other authority. M^r 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.