in his proposed revision of the Virginia Criminal Code, which contained a definition of treason expressly drawn to cover foreign treasons. See Hurst, Treason in the United States, 58 Harvard Law Review 252-53 (1944).
In the Constitutional Convention, the Committee of Detail reported a draft on August 6, 1787, in which treason was defined, without any territorial limitation, as consisting "only in levying war against the United States, or any of them; and in adhering to the enemies of the United States, or any of them." In Committee of the Whole, Morris and Randolph proposed a substitute, reading, "that if a man do levy war agst. the U. S. within their territories, or be adherent to the enemies of the U. S. within the said territories, giving them aidand 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." This substitute was voted down. 2 Farrand, Records of the Federal Convention, 347-48. Article III, § 3, of the Constitution, as finally adopted, reads:
"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."
It was therefore not by inadvertence that the constitutional definition contains no territorial limitation either in the phrase *930 with respect to adherence or in the phrase with respect