10 Jan y 1808

Notes to Judicial Grievance and Remedy Table Table VIII

Notes

5. Insubordination or say anti-constitutional disobedience on the part of the Judge, as towards the supreme legislator,[?] and his ordinances.

As in the station of a Judge, nothing can be done, good or evil, but by decision or non-decision /forbearance to decide/ - nothing evil but either by misdecision or by non-decision when decision is done[?], or[?] either by delay in deciding, or by denial of justice, this grievance is consequently resolvable into one or other of the grievances comprized in the Table; and the remedy, pro tanto, into one or other of the remedies corresponding respectively to those grievances.

But as in this case there exists on the part of the Judge, an instance of transgression committed, of contempt manifested, as against and towards and against the authority of his constitutional superior, the legislature - in a word an offence culpable or, according to circumstances in a greater or less degree criminal, punishment applied to the offending functionary is a remedy the application of which may come to be as necessary in this as in any other instance.

This, though a remedy applicable by a superordinate judicatory, not being of the number of those the application of which has for its occasional cause[?] the complaint of a party aggrieved acting as anti[?], and calling for the application of this remedy, comes not within the purview of the Table. The party aggrieved in this respect is no other than the legislator. To any evil sustained by the /an/ individual aggrieved by the act of misdecision or non-decision by which the contingent[?] authority of the legislator has been manifested, punishment applied to the offending Judge, applies not any remedy.