620 



L A W'. 



another. 



I.aw the judge is not suspected of having acted contrary to 

 ins- his duty, the sentence that he lias pronounced in the 

 """V""* last resort cannot be called in question by any foreign 

 power whose subjects may be dissatisfied with the de- 

 cision. This principle is justified by the reciprocal ad- 

 vantage of nations. 



Btit a formal refusal of justice, or an unusual delay, 

 is a violation of the law of nations. And if a foreign 

 subject has reason to complain of it, his sovereign may 

 not only retaliate, but may make use of all the means 

 employed by nations when their rights are invaded by 

 others. He may make reprisals and even declare war 

 to oblige the state, which has thus failed in its duty, to 

 make a proportionate satisfaction. 



Sentences 4. In determining the effect that a sentence pronoun- 

 pronounced ced in one state may have in other states, it is necessa- 

 inonenate, r y to distinguish two points : its execution and its va- 

 li(lit y- VVith respect to the first, no sovereign is posi- 

 tively obliged to execute in his territory a sentence that 

 has been pronounced out of it. Nevertheless, first, 

 The particular connection subsisting between several 

 states, and in virtue of which they form a compound 

 state, may oblige them to execute reciprocally every 

 sentence pronounced by a competent judge. Second, 

 Sometimes states enter into reciprocal engagements by 

 treaty, for the purpose of executing sentences. Third, 

 Friendship and utility often induce a state not to re- 

 fuse the execution of a sentence pronounced by a com- 

 petent judge, when the usual request has been made 

 with an offer of rendering the like service. 



With respect to the validity of a sentence pronoun- 

 ced in a foreign territory, if such sentence has been 

 pronounced by a judge every way competent, and is 

 the result of a trial conducted in the usual mode, ac- 

 cording to the laws that ought to serve as a basis for 

 the decision, and if the cause has been judged defini- 

 tively, no foreign judge can admit of a second suit on 

 the same cause, between the same persons : the sen- 

 tence has the same force as the awards of arbitrators 

 fixed on by the parties ought to have in a state of na- 

 ture. 



5. The end of civil society requires that the sove- 

 reign should have a right to forbid actions hurtful to 

 crimes com- the state and its members, to award penalties for such 

 nutted by ac tions, apprehend and judge the criminals, and exe- 

 cute the sentence pronounced on them. These rights 

 collectively taken, together with their necessary concomi- 

 tants, form the criminal power. This power extends 

 to every one in the territory, whether subject or fo- 

 reigner. So that though foreign sovereigns and their 

 ministers may not be subject to the jurisdiction of the 

 state, yet the sovereign is justifiable in taking such 

 measures even against them as are necessary to save the 

 state from the dangers into which their crimes would 

 otherwise plunge it. 



A sovereign can punish foreigners whether they 

 have committed a crime in his dominions, or whether, 

 after having committed it in a foreign country, they 

 seek shelter in his dominions. In neither case is the 

 sovereign perfectly obliged to send them for punish- 

 ment to their own country, nor to the place where the 

 crime was committed ; not even supposing they have 

 been condemned before their escape. According to 

 modern custom, to send a criminal back to the place 

 where the crime has been committed, is more frequent- 

 ly granted on the request of a power who offers to 

 reneler the like service, than to send one from the 

 place where the crime has been committed to his own 

 country, or to some court of justice of his own coun- 



6 



Bight of 

 punishing 



foreigners. 



Law 

 of Nations, 



Reciprocal 

 ag.unst sub- 

 jects. 



Confined I* 

 the territo- 

 ry of the 

 sovereign. * 



Higlit of 

 pardoning, 

 its extent. 



try. This latter is never granted except in virtue of 

 treaty; or if it be, the sovereign must have an extra- 

 ordinary deference for the power that makes the re- 

 quest. 



(i. On the other hand, the sovereign, owing the pro- 

 tection of the state to foreigners as well as to his sub- 

 jects, is obliged to punish with the same scrupulous- 

 ness, and with the same rigour, all crimes committed 

 against the persons and properties of foreigners living 

 in his territories, as he would punish the same crimes 

 if committed against the persons or properties of his 

 own subjects. But with respect to crimes committed 

 out of his territories, the sovereign is not perfectly 

 obliged to punish the criminal who seeks'shelter in his 

 dominions, nor to execute a sentence pronounced 

 against his person or property. However, the general 

 good seems to require that those who attack imme- 

 diately the safety of a state, should not go unpunished ; 

 and accordingly, in case of requisition, no sovereign 

 refuses directly to take cognizance of such crimes. 



7. The criminal power being confined to the terri- 

 tory, no act of its authority can be exercised in foreign 

 countries without violating their rights. Consequent- 

 ly neither the pursuit of a criminal by armed men, 

 nor a seizure or carrying away by force, nor the con- 

 ducting of a criminal by an armed force, can take place 

 on a foreign territory without permission from the 

 sovereign. 



8. The right of cancelling a criminal suit, or of par- 

 doning the criminal, can be exercistd by no sovereign 

 beyond the limits of his territory. A prince may par- 

 don a crime committed in his own or a foreign terri- 

 tory, but this pardon cannot hinder a foreign sovereign 

 from prosecuting the same person, for the same crime, 

 when he can seize him. The prince who first pardon- 

 ed him has no means of hindering the effects of such 

 prosecution, but those of intercession ; except in cases 

 where the manifest innocence of the accused party au- 

 thorises coercive means. 



BOOK IV. 



OP TRANSACTIONS WITH FOREIGN NATIONS, AND THE 

 RIGHTS THENCE ARISING. 



CHAP. I. Of the Liberty and Security of Nations. 



1. A natural consequence of the liberty and inde- Sovereign 

 pendence of nations is, that every sovereign has a states not 

 right to make in his own dominions whatever ar- obll g ed ^> 

 rangements he may judge proper for the internal se- JjJrir'tateJI 

 curity of the state ; whether it be to return the blow na i trausac- 

 he has received, or to ward off the one that menaces tions. 

 him. So that, provided he has the authority, and 

 provided he is not bound down by treaty, he may 

 build or rebuild as many fortresses as he thinks pro- 

 per, as well on the frontiers as in the interior of his 

 dominions ; he may augment the number of his troops 

 and vessels ; make treaties of alliance, of subsidy, ixc. 

 and, in short, do every thing that he thinks necessary 

 to enable himself to support a war without being 

 obliged to give an account of his proceedings to any 

 other power whatever. Yet such extraordinary ar. 

 maments seldom fail to give umbrage to the neigh- 

 bouring powers, and to create suspicions, which every 

 state ought to remove when they are unfounded. For 

 this reason policy has introduced the custom of re- 

 quiring explanations concerning armaments of this 



