M^r King observed that the controversy relating to Treason might be of less magnitude than was supposed; as the Legislature might punish capitally under other names than Treason. M^r Gov^r Morris and M^r Randolph wished to substitute the words of the British Statute and moved to postpone Sect 2. art VII in order to consider the following substitute--"Whereas it is essential to the preservation of liberty to define precisely and exclusively what shall constitute the crime of Treason, it is therefore ordained, declared & established, that if a man do levy war ag^{st} the U. S. within their territories, or be adherent to the enemies of the U. S. within the said territories, giving them aid and comfort within their territories or elsewhere, and thereof be provably attainted of open deed by the people of his condition, he shall be adjudged guilty of Treason." On this question N. H.--Mas. no. C^t no. N. J. ay. P^a no. Del. no. M^d no. V^a ay. N. C. no. S. C. no. Geo. no. It was then moved to strike out "ag^{st} United States" after "treason" so as to define treason generally, and on this question Mass. ay. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a no. N. C. no. S. C. ay. Geo. ay. It was then moved to insert after "two witnesses" the words "to the same overt act." Doc^r Franklin wished this amendment to take place. prosecutions for treason were generally virulent; and perjury too easily made use of against innocence. M^r Wilson. much may be said on both sides. Treason may sometimes be practised in such a manner, as to render proof extremely difficult--as in a traitorous correspondence with an Enemy. On the question--as to some overt act N. H. ay. Mass. ay. C^t ay. N. J. no. P^a ay. Del. ay. M^d ay. V^a no. N. C. no. S. C. ay. Geo. ay. M^r King moved to insert before the word "power" the word "sole," giving the U. States the exclusive right to declare the punishment of Treason. M^r Broom 2^{ds} the motion. M^r Wilson in cases of a general nature, treason can only be ag^{st} the U-- States, and in such they sh^d have the sole right to declare the punishment--yet in many cases it may be otherwise. The subject was however intricate and he distrusted his present judgment on it. M^r King this amendment results from the vote defining treason generally by striking out ag^{st} the U. States, which excludes any treason ag^{st} particular States. These may however punish offences as high misdemeanors. On inserting the word "sole." It passed in the negative N. H. ay. Mas. ay. C^t no. N. J. no. P^a ay. Del. ay. M^d no. V^a no. N. C. no. S. C. ay. Geo. no.-- M^r Wilson. the clause is ambiguous now. "Sole" ought either to have been inserted, or "against the U. S." to be re-instated. M^r King no line can be drawn between levying war and adhering to enemy ag^{st} the U. States and ag^{st} an individual State--Treason ag^{st} the latter must be so ag^{st} the former.