eir own country. As
the English have only a factory in this country, (for it is in the
empire of the Great Mogul,) if we should admit this evidence [Gentoo
evidence on a Gentoo oath], it would be agreeable to the genius of the
law of England." For this he cites the proceedings of our Court of
Admiralty, and adopts the author who states the precedent, "that this
Court will give credit to the sentence of the Court of Admiralty in
France, and take it to be according to right, and will not examine their
proceedings: for it would be found very inconvenient, if one kingdom
should, by peculiar laws, correct the judgments and proceedings of
another kingdom." Such is the genius of the law of England, that these
two principles, of the general moral necessities of things, and the
nature of the case, overrule every other principle, even those rules
which seem the very strongest. Chief-Baron Parker, in answer to an
objection made against the infidel deponent, "that the plaintiff ought
to have shown that he could not have the evidence of Christians," says,
"that, repugnant to natural justice, in the Statute of Hue and Cry, the
robbed is admitted to be witness of the robbery, as _a moral or presumed
necessity is sufficient_." The same learned magistrate, pursuing his
argument in favor of liberality, in opening and enlarging the avenues to
justice, does not admit that "the authority of one or two cases" is
valid against reason, equity, and convenience, the vital principles of
the law. He cites Wells _v._ Williams, 1 Raymond, 282, to show that the
necessity of trade has mollified the too rigorous rules of the old law,
in their restraint and discouragement of aliens. "A Jew may sue at
_this_ day, but _heretofore he could not_, for then they were looked
upon as enemies, but now commerce has taught the world more humanity;
and therefore held that an alien enemy, commorant here by the license of
the King, and under his protection, may maintain a debt upon a bond,
though he did not come with safe-conduct." So far Parker, concurring
with Raymond. He proceeds:--"It was objected by the defendant's counsel,
that this is a novelty, and that what never has been done ought not to
be done." The answer is, "_The law of England is not confined to
particular cases, but is much more governed by reason than by any one
case whatever._ The true rule is laid down by Lord Vaughan, fol. 37,
38. 'Where the law,' saith he, 'is _known and clear_, the Judges must