Vattel, L. 1.5. 233.
The punishment of _piracy_, being provided for by our laws, need not be
so by convention.
_Murder_. Agreed that this is one of the extreme crimes justifying a
denial of habitation, arrest, and re-delivery. It should be carefully
restrained by definition to homicide of malice prepense, and not of the
nature of treason.
_Incendiaries_, or those guilty of _arson_. This crime is so rare as not
to call for extraordinary provision by a convention. The only rightful
subject then of arrest and delivery, for which we have need, is
murder. Ought we to wish to strain the natural right of arresting and
re-delivering fugitives to other cases?
The punishment of all real crimes is certainly desirable, as a security
to society; the security is greater in proportion as the chances of
avoiding punishment are less. But does the fugitive from his country
avoid punishment? He incurs exile, not voluntary, but under a moral
necessity as strong as physical. Exile, in some countries, has been
the highest punishment allowed by the laws. To most minds it is next to
death; to many beyond it. The fugitive indeed is not of the latter; he
must estimate it somewhat less than death. It may be said that to some,
as foreigners, it is no punishment.
Answer. These cases are few.
Pages:
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290