e Legislature.
The gunboats authorized by an act of the last session are so advanced
that they will be ready for service in the ensuing spring. Circumstances
permitted us to allow the time necessary for their more solid
construction. As a much larger number will still be wanting to place
our seaport towns and waters in that state of defense to which we are
competent and they entitled, a similar appropriation for a further
provision for them is recommended for the ensuing year.
A further appropriation will also be necessary for repairing
fortifications already established and the erection of such other works
as may have real effect in obstructing the approach of an enemy to our
seaport towns, or their remaining before them.
In a country whose constitution is derived from the will of the people,
directly expressed by their free suffrages; where the principal
executive functionaries and those of the legislature are renewed by them
at short periods; where under the character of jurors they exercise in
person the greatest portion of the judiciary powers; where the laws are
consequently so formed and administered as to bear with equal weight and
favor on all, restraining no man in the pursuits of honest industry and
securing to everyone the property which that acquires, it would not be
supposed that any safeguards could be needed against insurrection or
enterprise on the public peace or authority. The lawrs, however, aware
that these should not be trusted to moral restraints only, have wisely
provided punishment for these crimes when committed. But would it not be
salutary to give also the means of preventing their commission? Where an
enterprise is meditated by private individuals against a foreign nation
in amity with the United States, powers of prevention to a certain
extent are given by the laws. Would they not be as reasonable and useful
where the enterprise preparing is against the United States? While
adverting to this branch of law it is proper to observe that in
enterprises meditated against foreign nations the ordinary process of
binding to the observance of the peace and good behavior, could it
be extended to acts to be done out of the jurisdiction of the United
States, would be effectual in some cases where the offender is able to
keep out of sight every indication of his purpose which could draw on
him the exercise of the powers now given by law.
The States on the coast of Barbary seem generally disposed
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