March 1808

Letter V

§.6. Reasons

Ends of Justice

5. Non-Justiciability Causes

V. Causes of Non-Justiciability on the part of the Defendant, in the case in which it operates as a cause of Failure of Justice.

In most cases, to the actual justiciability of the individual, that is, to his being rendered subjectible in fact to whatsoever obligation it may be necessary to the purposes of justice that he should be subjected, it is necessary that either his property or his person, or both, should be at the disposal of the Judge.

But in some cases, under the influence of assertion or opinion as assertion, such corporeal presence may not be necessary. Witness the cases when appearance is compelled by the fear of banishment from a man's native country, or consignment to a place of torment in a future life, by excommunication.

I. Natural Causes.

1. The person of him who should have been defendant, for example in case of wrong, the author of the wrong, unknown.

2. The person known or not known, but his name unknown.

3. In the character of the necessary matter of satisfaction properly on his part wanting.

4. - or not forthcoming in any such manner as to be within the reach of the power of government.

5. In a penal case, in the character of the subject matter of punishment, the person not forthcoming.

6. In a case for satisfaction on the score, as for wrong, death of the wrongdoer, he having no sufficient property, or none that is forthcoming, as above.