tion is,
because he would otherwise be incapacitated to merchandise, which may be
as much to our prejudice as his.' Cunningham's Law Diet, title, Aliens.
The above is the clear law of England, practised from the earliest ages
to this day, and never denied. The passage quoted by M. de Meusnier from
Black-stone, c.26. is from his chapter 'Of title to things personal
by occupancy.' The word 'personal' shows that nothing in this chapter
relates to lands which are real estate; and therefore, this passage does
not contradict the one before quoted from the same author (1.B. c.10.),
which says, that the lands of an alien belong to the King. The words,
'of title by occupancy,' show, that it does not relate to debts, which
being a moral existence only, cannot be the subject of occupancy.
Blackstone, in this passage (B.2. c.26.), speaks only of personal goods
of an alien, which another may find and seize as prime occupant.
Page 193. '_Le remboursement presentera des difficultes des sommes
considerables_,' &c. There is no difficulty nor doubt on this subject.
Every one is sensible how this is to be ultimately settled. Neither
the British creditor, nor the State, will be permitted to lose by these
payments. The debtor will be credited for what he paid, according to
what it was really worth at the time he paid it, and he must pay the
balance. Nor does he lose by this; for if a man who owed one thousand
dollars to a British merchant, paid eight hundred paper dollars into
the treasury, when the depreciation was at eight for one, it is clear he
paid but one hundred real dollars, and must now pay nine hundred. It is
probable he received those eight hundred dollars for one hundred bushels
of wheat, which were never worth more than one hundred silver dollars.
He is credited, therefore, the full worth of his wheat. The equivoque is
in the use of the word 'dollar.'
Page 226. '_Qu'on abolisse les privileges du clerge_.' This privilege,
originally allowed to the clergy, is now extended to every man, and even
to women. It is a right of exemption from capital punishment for the
first offence in most cases. It is then a pardon by the law. In other
cases, the Executive gives the pardon. But when laws are made as mild as
they should be, both those pardons are absurd. The principle of Beccaria
is sound. Let the legislators be merciful, but the executors of the law
inexorable. As the term 'privileges du clerge' may be misunderstood
by foreigners,
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