"Then I think you often exclude a witness who is under a small bias, and admit another who is under a great one. You allow a man to give testimony in a case in which the fortune or character of his father, brother or child is involved, but reject him in a case in which he is not interested to the amount of a greater sum than he would give to the first beggar he met. Is it not so?"
"That, indeed, may be the operation of the rule. But cases of such flagrant inconsistency are very rare; and this rule, like every other, must be tried by its general, and not its partial effects."
"True; but your rule must at least be a troublesome one, and give rise to a great many nice distinctions, that make it difficult in the application. All laws are sufficiently exposed to this evil, and we do not wish unnecessarily to increase it. We have, therefore, adopted the plan of allowing either party to ask any question of any witness he pleases, and leave it to the judges to estimate the circumstances which may bias the witness. We, in short, pursue the same course in investigating facts in court that we pursue out of it, when no one forms a judgment until he has first heard what the parties and their friends say on the subject."
On my return home, I repeated this conversation to a lawyer of my acquaintance, who told me that such a rule of evidence might do for the people in the moon, but it certainly would not suit us. I leave the matter to be settled by more competent heads than mine, and return to my narrative.
I farther learnt from this intelligent magistrate, that the territory of the Happy Valley, or Okalbia, is divided into forty-two counties, and each county into ten districts. In each district are three magistrates, who are appointed by the legislature. Causes of small value are decided by the magistrates of the district; those of greater importance, by the county courts, composed of all the magistrates of the ten districts; a few by the court of last court, consisting of seven judges. The legislature consists of two houses, of which the members are elected annually, three from each county for one branch, and one member for the other. No qualification of property is required either to vote, or to be eligible to either house of the legislature, as they believe that the natural influence of property is sufficient, without adding to that influence by law; and that the moral effects of education among them, together with a few provisions in their constitution, are quite sufficient to guard against any improper combination of those who have small property. Besides, there are no odious privileges exclusively possessed by particular classes of men, to excite the envy or resentment of the other classes, and induce them to act in concert.
"Have you, then, no parties?" said I.
"Oh yes; we are not without our political parties and disputes; and we sometimes wrangle about very small matters—such as, what amount of labour shall be bestowed on the public roads—the best modes of conducting our schools and colleges—the comparative merits of the candidates for office, or the policy of some proposed change in the laws. Man is made, you know, of very combustible materials, and may be kindled as effectually by a spark falling at the right time, in the right place, as when within reach of a great conflagration."
The women appeared here to be under few restraints. I understood that they were taught, like our sex, all the speculative branches of knowledge, but that they were more especially instructed, by professed teachers, in cookery, needlework, and every sort of domestic economy; as were the young men in the occupations which require strength and exposure. They have a variety of public schools, and some houses for public festivals, but no public hospitals or almshouses whatever, the few cases of private distress or misfortune being left for relief to the merits of the sufferer and the compassion of individuals.
After passing a week among this singular and fortunate people, whom we every where found equally amiable, intelligent, and hospitable, we returned to Alamatua in the same way that we had come; that is, in a light car, drawn by four large mastiffs. When we had recovered from the fatigues of the journey, and I had carefully committed to paper all that I had learnt of the Okalbians, the Brahmin and I took a walk towards a part of the suburbs which I had not yet seen, and where some of the literati of his acquaintance resided. The sun appeared to be not more than two hours high (though, in fact, it was more than fifty); the sky was without a cloud, and a fresh breeze from the mountains contributed to make it like one of the most delightful summer evenings of a temperate climate.
We carelessly rambled along, enjoying the balmy freshness of the air, the picturesque scenery of the neighbouring mountains, the beauty or fragrance of some vegetable productions, and the oddity of others, until, having passed through a thick wood, we came to an extensive plain, which was covered with rose-bushes. The queen of flowers here appeared under every variety of colour, size, and species—red, white, black, and yellow—budding, full-blown, and half-blown;—some with thorns, and some without; some odourless, and others exhaling their unrivalled perfume with an overpowering sweetness. I was about to pluck one of these flowers, (of which I have always been particularly fond,) when a man, whom I had not previously observed, stepping up behind me, seized my arm, and asked me if I knew what I was doing. He told us that the roses of this field, which is called Gulgal, were deemed sacred, and were not allowed to be gathered without the special permission of the priests, under a heavy penalty; and that he was one of those whose duty it was to prevent the violation of the law, and to bring the offenders to punishment.