International law; Natural law; War (International law)
If a crime is of a notorious nature, affecting the government, an
ambassador may be sent home, and his sovereign required to punish, or
deliver him up, as we read of the Gauls having done to the Fabians.
But, as we have before occasionally observed, all human laws are framed
upon such principles, as, in cases of extreme necessity, to admit
of equitable relaxations, among which the privileges of ambassadors
may be reckoned. But these extreme cases of necessity may, according
to the law of nations, as will be seen hereafter, in discussing the
effects of just and solemn war, prevent punishment in CERTAIN cases,
though not in ALL. For it is not the act of punishment itself, which is
objected to, either in respect to time, or manner, but the exemption is
created to prevent the greater public evil, which might arise from the
punishment of the offender. To obviate therefore any imminent danger,
if no other proper method can be devised, ambassadors may be detained
and interrogated. Thus the Roman Consuls seized the ambassadors of
Tarquin, previously taking care to secure their papers, to prevent
the evidence, which they might afford, from being destroyed. But if
an ambassador excites and heads any violent insurrection, he may be
killed, not by way of punishment, but upon the natural principle of
self-defence. The Gauls therefore might have put to death the Fabii,
whom Livy calls violators of the law of nature.
V. Mention has before been frequently made of the exemptions, by which
ambassadors are protected from all personal constraint and violence,
and it is understood that all powers are bound by a tacit agreement,
as it were, from the time of admitting an ambassador, to respect these
exemptions. It MAY and indeed sometimes DOES happen, that one power
gives notice to another that no ambassador will be received, and if
one is sent, that he will be treated as an enemy. A declaration to
this effect was made by the Romans to the Aetolians, and, on another
occasion, the Vejentian ambassadors were ordered to leave Rome, with a
menace, if they refused to comply, of being treated in the same manner
as the Roman ambassadors had been treated by their king Tolumnius, who
had put them to death. The Samnites too forbade the Romans to go to any
council in Samnium, under pain of forfeiting their lives, or, at least,
their personal safety.
Public-domain text, read in full here on John Shaqi.
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