likewise, for the recovery of damages sustained by any forgery committed by such fugitive.  And the same provision shall hold in favor of the representatives of the original creditor or sufferer, and against the representatives of the original debtor, carrier away, or forger; also, in favor of either government or of corporations, as of natural persons.  But in no case shall the person of the defendant be imprisoned for the debt, though the process, whether original, mesne, or final, be for the form sake directed against his person.  If the time between the flight and the commencement of the action exceed not ------ years, it shall be counted but as one day under any act of limitations.

This convention shall continue in force --------- years, from the
exchange of ratifications, and shall not extend to any thing happening
previous to such exchange.

Heads of consideration on the establishment of conventions between the United States and their neighbors, for the mutual delivery of fugitives from justice.

Has a nation a right to punish a person who has not offended itself?  Writers on the law of nature agree that it has not.  That, on the contrary, exiles and fugitives are, to it, as other strangers, and have a right of residence, unless their presence would be noxious; e. g. infectious persons.  One writer extends the exception to atrocious criminals, too imminently dangerous to society; namely, to pirates, murderers, and incendiaries.  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.  Laws are to be made for the mass of cases.

The object of a convention then, in other cases, would be, that the fugitive might not avoid the difference between exile and the legal punishment of the case.  Now in what case would this difference be so important, as to overweigh even the single inconvenience of multiplying compacts?