' Hertii Opera de Collis Leg., p. 120.
COMITY OF NATIONS. 97 doubt whether the comity of nations, founded upon the notion of mutual convenience, can furnish a basis sufficiently solid, upon which to rear a system, as contended by Huberus. But in attempting. to settle the true principles of international jurisprudence, they engaged in endless controversies with each other, involved the subject in a perplexity of rules, and finally admitted that the difficulties in the way of their adjustment were almost insurmountable.
" When so many men of great talents and learning," said Judge Porter,* " are thus found to fail in fixing certain principles, we are forced to conclude, that they have failed, not from want of ability, but be- cause the matter was not susceptible of being settled on certain principles. They have attempted to go too far to define and fix that which cannot, in the nature of things, be defined and fixed. They seem to have forgotten that they wrote on a question which touched the comity of nations, and that comity is, and ever must be, uncertain. That it must necessarily depend upon a variety of circum- stances which cannot be reduced to any certain rule. That no nation will suffer the laws of another to interfere with her own, to the injury of her citizens.
That' whether they do or not, must depend on the condition of the country in which the foreign law is sought to be enforced, the particular nature of her legislation, her policy, and the character of her insti- ' Saul V. Tiis Creditors, 17 Martin K., 569. 7 98 EisrroBX or rsrsx, fntifHi^. That in tite oonlik^ of bws, il must oftai lie n»fter cf doabt n^kb shtmld |a«Tail; and irhen- eT«' a doubt does es^ the oooxt irhich deeide& -will pFi^r the lavs of its own «mGatnr to that of tiie stiaiig»r The Sn^pane Cbmt of Ha Finted States ako diiecflj Teoogniied tiie doctrine of tiie