9 May 1804

Evidence

Forthcomingness

Ch. 1. Generalia

§.2. Justiciability

Of the analogy thus tested, what is the practical result in use? - that whatever trouble is bestowed in this plan on the subject of forthcomingness, is doubly paid for: that by the steps here taken on the ground of evidence, and advances made nor that an inconsiderable one on the ground of procedure: and that, by confronting /from a confrontation of/ the two topics as they are handled in the existing system of law, a source of reciprocal instruction and improvement mutually applicable to both may be deduced.

(a) In french, justiciables or persons, considered as subject to the jurisdiction of this or that judge. In English we may say amenable to justice. Amenability to justice, besides having the inconvenience of a compound appellative, would in its import fall short of justiciability, extending no further, than forthcomingness: not to mention its want of coincidence in other points.