The legislative authority, by which
they are in force over the subjects of that commonwealth, hath no
power over him. Those who have the supreme power of making
laws in England, France or Holland, are to an Indian, but
like the rest of the world, men without authority: and therefore,
if by the law of nature every man hath not a power to punish
offences against it, as he soberly judges the case to require, I
see not how the magistrates of any community can punish an
alien of another country; since, in reference to him, they can
have no more power than what every man naturally may have over
another.
Sect, 10. Besides the crime which consists in violating the
law, and varying from the right rule of reason, whereby a man so
far becomes degenerate, and declares himself to quit the
principles of human nature, and to be a noxious creature, there
is commonly injury done to some person or other, and some other
man receives damage by his transgression: in which case he who
hath received any damage, has, besides the right of punishment
common to him with other men, a particular right to seek
reparation from him that has done it: and any other person, who
finds it just, may also join with him that is injured, and assist
him in recovering from the offender so much as may make
satisfaction for the harm he has suffered.
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