be considered _law_? Why, that
argument leads to this conclusion--that the more clear a question is,
the more free from doubt, the more uncertain it must be! _My lords, what
constitutes the law of this country? It is--usage, practice,
recognition._ For many established opinions, part of the acknowledged
law of the land, you will look in vain for any express decision. I
repeat, that practice, usage, recognition, are considered as precedents
establishing the law: these are the foundations on which the common law
of the country rests; and it is admitted in this case, that the usage is
all against the principle now contended for by the plaintiffs in error.
No case, no authority of any kind, can be adduced in its favour: it is
now admittedly, for the first time, urged in this extraordinary case.
And I ask, my lords, if you will not recognise the decision of the great
majority of the judges on a question of this kind, involving the
technicalities of the law, with which they are constantly conversant?
When, on such a point, you find them--speaking by the eminent and able
Chief-Justice of the Common Pleas--pronouncing a clear and distinct
opinion, it must be a case clear from all doubt--a conviction amounting
to actual certainty, upon which alone you would be justified in
rejecting such authorities. * * * It is on these grounds, and on the
authorities which I have cited, that I assert the universal recognition
of the principle which I contend has been acknowledged law from time
immemorial."

Such was the emphatic, clear, unwavering judgment, deliberately
pronounced, after long examination and consideration, by one of the very
greatest intellects ever brought to bear upon the science of the law,
and of vast judicial experience in the administration of every
department of the law--criminal law, common law, and equity.

Lord Brougham then rose, and delivered partly a written, partly an oral
judgment--characterized by his lordship's usual vigour and felicity of
reasoning and illustration. He entirely concurred with the Lord
Chancellor, and assigned reasons, which certainly appeared of
irresistible cogency, for adopting the opinion of the judges, whom, in a
matter peculiarly within their province, their lordships had summoned to
their assistance, who had bestowed such unexampled pains upon the
subject, and were all but unanimous. The following was a very striking
way of putting the case:--"If the doubts which have been thrown upon