3986. INSURRECTION, Precautions against.—
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 framed and administered as to
bear with equal weight and favor on all, restraining
no man in the pursuits of honest
industry, and securing to every one 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 laws, however,
aware that these should not be trusted to
moral restraints only, have wisely provided
punishments 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 were the enterprise preparing against
the United States? While adverting to this
branch of the 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.—
Sixth Annual Message. Washington ed. viii, 65.
Ford ed., viii, 490.
(Dec. 1806)
