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, perhaps it will be better to strike it out here and substitute the word ‘pardon.’

Page 239. ‘Les commissaires veulent,’ &c.  Manslaughter is the killing a man with design, but in a sudden gust of passion, and where the killer has not had time to cool.  The first offence is not punished capitally, but the second is.  This is the law of England and of all the American States; and is not a new proposition.  Those laws have supposed that a man, whose passions have so much dominion over him, as to lead him to repeated acts of murder, is unsafe to society:  that it is better he should be put to death by the law, than others more innocent than himself on the movements of his impetuous passions.