International law; Natural law; War (International law)
The more ancient of the Greeks acted upon the same principle. It
is said that the Chalcidians refused to deliver up Nauplius to the
Grecians, and the reason alleged was his having cleared himself of
the charges made against him. There was among the Athenians an altar
dedicated to Mercy; it is mentioned by Cicero, Pausanias, Servius, and
also by Theophilus, and it is described at full length by Statius in
the xii. book of his Thebais. The poet explains to what description of
men it afforded shelter: it was, he says, to those who were driven from
their homes by the calamity of war, or stripped of their kingdoms by
usurpers. Tacitus in the third book of his Annals, and 60th chapter,
reprobates the custom, prevailing in his time among the cities of
Greece, of making it an act of religion to protect offenders from the
punishment due to their crimes. Such offenders therefore ought either
to be punished, or delivered up, or, at least, ordered to withdraw.
Perseus the Macedonian king, clearing himself to Martius from the
charge of screening those, who had attempted the life of Eumenes;
said, "as soon as I was apprised by you of their being in Macedonia, I
ordered immediate search to be made for them, peremptorily commanding
their perpetual banishment from my kingdom."
The right of demanding the surrender or punishment of criminals that
have fled into other kingdoms, has, in most parts of Europe, during
the present, and the immediately preceding centuries, been generally
exercised in cases, where the crimes were such as affected the safety
of the state, or were attended with notorious atrocity. It has been
usual to pass over, with mutual connivance, crimes of an inferior kind,
except where it has been agreed to the contrary by express treaty. Nor
can it be concealed that where robbers and pirates have gained a truly
formidable power, it has often been deemed an act of humane policy both
in Sovereign Princes, and States to exercise forbearance towards them,
rather than to drive them to greater acts of desperation by treating
them with all the rigour, which they deserve.
VI. If the act, of which refugees and suppliants are accused, is not
prohibited by the law of nature or of nations, the matter must be
decided by the civil law of the country, from which they come. This
was a received opinion in ancient times, as we find from the language
of Aeschylus, in whose Tragedy of the Suppliants, the King of Argos,
addressing a number of the daughters of Danaus, on their coming
from Egypt, says, "If the sons of Egypt exercise controul over you,
maintaining that they are authorised to do so by the law of the state,
as being the nearest allied by blood, who can resist them? It is for
you to prove that, according to the laws of your country, they have no
authority over you."
VII. and VIII. It has often been a celebrated topic of discussion,
whether a whole community can be punished for misconduct. And this is
the proper place for that inquiry.
Public-domain text, read in full here on John Shaqi.
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